ABSTRACT

Environmental law is not found in just one book on the shelf of a law library. Environmental law has pervaded many areas of legal practice and fields of private and public decisionmaking. In a wide variety of court cases involving pollution control, real estate, planning law, eminent domain, administrative law, injunctions, money damages, and criminal prosecutions, it has been the subject of important litigation. Modern environmental law, mostly in the form of statutes and regulations enacted or promulgated after Earth Day 1970, takes the approach known as “command and control.” Environmental law in the modern context concerns not only pollution abatement, but also allocation of scarce or important resources. It works through regulations, penalties, and permits for activities which may harm the environment, as well as grants and tax incentives to foster beneficial activities like energy conservation and gifts of land.