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The Making of Environmental Law
The unprecedented expansion in environmental regulation over the past thirty years—at all levels of government—signifies a transformation of our nation's laws that is both palpable and encouraging. Environmental laws now affect almost everything we do, from the cars we drive and the places we live to the air we breathe and the water we drink. But while enormous strides have been made since the 1970s, gaps in the coverage, implementation, and enforcement of the existing laws still leave much work to be done.
In The Making of Environmental Law , Richard J. Lazarus offers a new interpretation of the past three decades of this area of the law, examining the legal, political, cultural, and scientific factors that have shaped—and sometimes hindered—the creation of pollution controls and natural resource management laws. He argues that in the future, environmental law must forge a more nuanced understanding of the uncertainties and trade-offs, as well as the better-organized political opposition that currently dominates the federal government. Lazarus is especially well equipped to tell this story, given his active involvement in many of the most significant moments in the history of environmental law as a litigator for the Justice Department's Environment and Natural Resources Division, an assistant to the Solicitor General, and a member of advisory boards of the U.S. Environmental Protection Agency, the World Wildlife Fund, and the Environmental Defense Fund.
Ranging widely in his analysis, Lazarus not only explains why modern environmental law emerged when it did and how it has evolved, but also points to the ambiguities in our current situation. As the field of environmental law "grays" with middle age, Lazarus's discussions of its history, the lessons learned from past legal reforms, and the challenges facing future lawmakers are both timely and invigorating.
In The Making of Environmental Law , Richard J. Lazarus offers a new interpretation of the past three decades of this area of the law, examining the legal, political, cultural, and scientific factors that have shaped—and sometimes hindered—the creation of pollution controls and natural resource management laws. He argues that in the future, environmental law must forge a more nuanced understanding of the uncertainties and trade-offs, as well as the better-organized political opposition that currently dominates the federal government. Lazarus is especially well equipped to tell this story, given his active involvement in many of the most significant moments in the history of environmental law as a litigator for the Justice Department's Environment and Natural Resources Division, an assistant to the Solicitor General, and a member of advisory boards of the U.S. Environmental Protection Agency, the World Wildlife Fund, and the Environmental Defense Fund.
Ranging widely in his analysis, Lazarus not only explains why modern environmental law emerged when it did and how it has evolved, but also points to the ambiguities in our current situation. As the field of environmental law "grays" with middle age, Lazarus's discussions of its history, the lessons learned from past legal reforms, and the challenges facing future lawmakers are both timely and invigorating.
- GenresEnvironmentLawNonfiction
334 pages, Paperback
First published January 1, 2004
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190 people want to read
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Displaying 1 - 5 of 5 reviews
July 1, 2025
this was exactly what I hoped it would be, a well tied together overview of the foundation of environmental law and its evolution including the legal, political, and ecological perspectives in a way that’s easy to follow. the material was dense at times, but that felt necessary given the complexity of the subject. would love to read the second edition at some point in the future to bring in the context of modern law and current events.
My annotations for the first 75% of the book were corrupted and lost, so the quotes I saved will be few:
“Environmental law must necessarily be responsive to the types of problems it seeks to address, including the physical causes and effects”
“The transboundary and temporal nature of ecological problems demands a national perspective and expertise, but the simultaneously local character of many of the causes and effects means that the federal government cannot and should not have exclusive authority especially with regard to implementation details”
“Learned largely by the environmental law experience, this central insight regarding the advantages and necessity of public participation in administrative lawmaking triggered a broad reformation of U.S. administrative law”
My annotations for the first 75% of the book were corrupted and lost, so the quotes I saved will be few:
“Environmental law must necessarily be responsive to the types of problems it seeks to address, including the physical causes and effects”
“The transboundary and temporal nature of ecological problems demands a national perspective and expertise, but the simultaneously local character of many of the causes and effects means that the federal government cannot and should not have exclusive authority especially with regard to implementation details”
“Learned largely by the environmental law experience, this central insight regarding the advantages and necessity of public participation in administrative lawmaking triggered a broad reformation of U.S. administrative law”
September 17, 2023
I was lucky enough to take two environmental law courses with Professor Lazarus several years ago, and soon after leaving law school behind, I picked up the second edition of The Making of Environmental Law. This book is a must-read for all those interested in environmental law and policy — not just lawyers, but also those looking to craft responses to the climate crisis from within federal, state, and foreign governments; nonprofit organizations; and corporations.
The Making of Environmental Law succinctly tells the story of our nation's federal environmental law and policy, taking readers through approximately half a century of presidential administrations and highlighting some of the recurrent themes pervading environmental lawmaking. This is not a book about doctrine or state/local law. Professor Lazarus does reference seminal court cases, specific statutory provisions, and state/local developments, but he generally only does so to color the broader picture. Instead, this book focuses on broad federal trends and challenges, some predictable (e.g., the current Democrat/Republican divide on the environment) and some surprising (e.g., the critical role that some Republican Presidents, including Richard Nixon, played in promoting the environment). Thus, The Making of Environmental Law cannot replace a black letter environmental law course, but it should serve as a useful supplement to such a course, explaining how politicians created that black letter law.
In this second edition, Professor Lazarus expands the first edition's story to cover the past twenty years. Thus, this edition contains ample material on climate change and in fact orients much of its discussion around how previous environmental policymaking and challenges intersect with the novel climate change crisis.
Despite its dense subject matter, The Making of Environmental Law is eminently readable. Even readers with no background in the environment or the legal system will find this book easy to understand. If you pick up this book, I recommend a chapter-a-day approach. Each chapter tells a relatively self-contained story, and by limiting yourself to one chapter per day, you will find it easier to keep those stories distinct in your mind. As I embark on a career in environmental law, this is a book I plan to keep close at hand.
The Making of Environmental Law succinctly tells the story of our nation's federal environmental law and policy, taking readers through approximately half a century of presidential administrations and highlighting some of the recurrent themes pervading environmental lawmaking. This is not a book about doctrine or state/local law. Professor Lazarus does reference seminal court cases, specific statutory provisions, and state/local developments, but he generally only does so to color the broader picture. Instead, this book focuses on broad federal trends and challenges, some predictable (e.g., the current Democrat/Republican divide on the environment) and some surprising (e.g., the critical role that some Republican Presidents, including Richard Nixon, played in promoting the environment). Thus, The Making of Environmental Law cannot replace a black letter environmental law course, but it should serve as a useful supplement to such a course, explaining how politicians created that black letter law.
In this second edition, Professor Lazarus expands the first edition's story to cover the past twenty years. Thus, this edition contains ample material on climate change and in fact orients much of its discussion around how previous environmental policymaking and challenges intersect with the novel climate change crisis.
Despite its dense subject matter, The Making of Environmental Law is eminently readable. Even readers with no background in the environment or the legal system will find this book easy to understand. If you pick up this book, I recommend a chapter-a-day approach. Each chapter tells a relatively self-contained story, and by limiting yourself to one chapter per day, you will find it easier to keep those stories distinct in your mind. As I embark on a career in environmental law, this is a book I plan to keep close at hand.
July 13, 2022
This book provides a good overview of how environmental law came to be and then it's journey from the 1960s to the beginning of the 2000s. But that's where it stops. It almost entirely leaves out discussions on climate change. So as long as you're looking for the early evolution of environmental law and not expecting it to extend to climate change, this is a pretty good primer.
I will say this is written like an academic book, so don't expect to be sitting on the edge of your seat.
I will say this is written like an academic book, so don't expect to be sitting on the edge of your seat.
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May 5, 2020Didn't quite finish it
October 11, 2025
Good background for a basic understanding of the history of environmental law and politics but would have liked more discussion of how environmental groups have specifically used it.
Displaying 1 - 5 of 5 reviews