By Russellyn S. Carruth, Bernard D. Goldstein
This crucial source deals a finished review of the most important U.S. environmental legislation and ways, concepts, criteria, and enforcement suggestions through which American legislation protects the environment and our future health. Written for the non-lawyer, the e-book places the highlight on common recommendations that cross a ways to demystify the yank criminal procedure (what legislation contains, who makes it, the way it is made, and the way it truly is enforced). The authors additionally introduce the key environmental legislation and evaluation matters, controversies and advancements in environmental coverage.
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Extra info for Environmental Health Law: An Introduction
While customary, judicial deference is not absolute. The court has ultimate authority to decide the validity and meaning of the law. ) Binding versus Persuasive Authority How much precedential value does a court’s decision actually have? That depends on what court we’re talking about. A court’s ruling is binding precedent (or binding authority) only for the courts below it. But a well-reasoned judicial decision may persuade courts in other jurisdictions as well. Although nonbinding, such decisions may be cited as inﬂuential (or persuasive) authority.
Based on Marion’s plan, the Corps deﬁned the purpose of the project as supplying two users (Marion and the Lake of Egypt Water District) from a single source. The Corps declined to consider alternatives that would have supplied the two users from separate sources, even though the Corps never justiﬁed why there had to be a single source. After going through the NEPA steps, the Corps issued a ﬁnal EIS favorable to the Sugar Lake Creek project and approved the permit. Several stakeholders sued. The plaintiﬀs contended that specifying singlesource in the deﬁnition of purpose essentially rigged the outcome.
But a court will not depart from precedent without strong reasons. Usually, the tendency is toward slow evolution rather than abrupt changes in judge-made law. This situation is similar at both the federal and state levels. Common Law Most Americans have some familiarity at least with the concept of constitutions, statutes, and regulations. But there is another body of law—a very large body of law—entirely independent of any constitucommon law A body of common legal tion, statute, or regulation.