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Law Library Books of the Month:

The Clean Air Act Handbook (4th)
Edited by Julie R. Domike and Alec C. Zacaroli
Reviewed by Courtney Nguyen, Reference Librarian

The air we breathe may be free, but that doesn’t mean it still isn’t regulated. Nearly five decades old, the Clean Air Act (CAA) remains one of the most significant pieces of environmental legislation in the United States, and it is still the only available tool for regulating greenhouse gas emissions that cause climate change. To help practitioners and concerned citizens alike understand this complex statute, the Library has The Clean Air Act Handbook (4th), edited by Julie R. Domike and Alec C. Zacaroli. The contributing authors bring their collective years of public and private sector experience and knowledge of the CAA, and many were even involved in the development of the very statutes and regulations discussed in the book. From the beginning of modern air pollution control laws in the postwar era, to the minutiae of current permitting processes, this book covers the entire act in twenty comprehensive chapters. Some of the topics discussed include National Ambient Air Quality Standards (NAAQS), the Visibility Protection Program designed to protect scenic vistas in our state parks and wilderness areas, State Implementation Programs (SIPs), Hazardous Air Pollutants (HAPs), and civil and criminal enforcement. Perhaps of particular interest to Californians are the chapters about global climate change/greenhouse gas (GHG) emissions and the regulation of motor vehicles, including the seminal 2007 Supreme Court case Massachusetts v. EPA. The authors also point you towards related documents, such as the legislative history of the CAA or the EPA’s administrative records, which can be found for free online or maybe even at your local law library.  
 
The authors believe that practitioners who master the basic CAA policies and tools available, as laid out in the book, will find solutions to most CAA problems. Though intended as a reference resource and tool for CAA practitioners and the more general environmental practitioner in need of a quick CAA tutorial, the handbook is clear and straightforward enough to appeal to any interested citizen as well. You will gain a solid foundation for understanding environmental current events (of which there seem to be many), and will learn to tell your HAPs from your SIPs.    
 
The Clean Air Act is the intersection of law, politics, science, technology, economics, and everyday life, and changes can happen very quickly or possibly not at all. The act affects both the regulated/corporate community and the public, and anyone with computer access can participate in rulemakings, monitor workshops, apply for a permit, watch webcasts, and send emails to EPA and state agency staff. The editors stress that this book is merely a snapshot of the act in time since the EPA regularly issues new regulations and guidance, and the courts continue to shape the law in the absence of congressional action. So use this book as a starting point. It could give you something to think about the next time you take a breath.

The Clean Water Act Handbook (4th)
Edited by Mark A. Ryan
Reviewed by Courtney Nguyen, Reference Librarian

With current attacks on clean water protections for rivers, lakes, streams, and other waters still making headlines, the Clean Water Act (CWA) is as relevant today as ever. Learn more about one of our most important environmental law statutes in The Clean Water Act Handbook (4th), edited by Mark A. Ryan. The contributors reflect a thoughtful balance of public and private sector attorneys, all experts in the CWA, and topics range from the broad (enforcement) to the narrow (calculating Total Maximum Daily Loads in accordance with section 303(d)). The handbook begins with the historical background of the CWA, tracing its origins from the Rivers and Harbors Appropriation Act of 1899 (the first federal statute governing water pollutions control) to the 1972 act itself, which was passed in response to a flood of litigation concerning sources discharging pollutants, as well as growing public awareness. Once grounded in the historical context of the act, the book then moves on to tackle the essentials of the various collaborative federal and state programs which have risen up to regulate water pollution.
 
The purported goals of the CWA are eliminating pollutant discharges and providing fishable and swimmable waters, and the handbook addresses each item and related issues in turn, including explanations on implementing regulations and guidelines. The threshold (and still contentious) question of what constitutes “Waters of the United States” (WOTUS) which the act protects gets its own chapter, as do the National Pollutant Discharge Elimination System (NPDES), Publicly Owned Treatment Works (POTWs), Section 311 Oil and Hazardous Substances Spills, the types of activities considered “discharges of dredged or fill material,” enforcement, whether civil judicial, civil administrative, criminal, or citizen suits, and how the CWA applies to federal facilities. In the absence of congressional amendments, the scope of the CWA is still being discussed by the courts, and later chapters discuss the powers and limitations of judicial review, as well as the influence exerted by successive administrations in Washington.  
 
Even if you live in an arid, landlocked part of the country, the CWA still matters since the act affects the economy, industry, politics, technology, and much more. This handbook serves as both a practical tool for practitioners as well as a good introduction for the interested citizen to this ever-evolving statute. Though the CWA hasn’t been amended since 1990, the act is still heavily litigated, debated, and reinterpreted, so staying on top of changes is crucial. Come read this and other environmental law titles at the Library today!