The ABA Environment, Energy & Resources Section has recently published the second edition Environmental Litigation: Law & Strategy edited by Kegan A. Brown and Andrea M. Hogan. This eight-chapter book begins with Judicial Challenges to Federal Agency Action, which discusses types of agency regulatory action that is subject to challenge, requirements for such challenges, claims and standards of judicial review, and remedies. The chapter covering environmental criminal enforcement looks at the issues related to criminal enforcement, elements established by federal environmental statutes, mens rea, pre-trial matters, trial, and sentencing. The chapter covering civil environmental enforcement litigation discusses direct statutory claims, permit enforcement, and regulatory enforcement, and endangerment authorities. It also reviews relief sought by the government including injunctions and penalties as well as defenses to enforcement, settlement, procedural and evidentiary issu...
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