Jump to Navigation
Jump to Content

Commerce Clause

After Morrison, Can Congress Preserve Environmental Laws from Commerce Clause Challenge?

Environmental laws seem to face, in the Rehnquist Court, a situation like that old silent movie serial "The Perils of Pauline." Environmental laws hardly ever seem to have even a single U.S. Supreme Court Term's respite from mortal...

Environmental Federalism Part II: The Impact of Harmon, Smithfield, and CLEAN on Overfiling Under RCRA, the CWA, and the CAA

In Environmental Federalism Part 1: The History of Overfiling Under RCRA, the CWA, and the CAA Prior to Harmon, Smithfield, and CLEAN, the history of judicial and administrative decisions relating to overfiling under the...

Environmental Federalism Part I: The History of Overfiling Under RCRA, the CWA, and the CAA Prior to Harmon, Smithfield, and CLEAN

The Resource Conservation and Recovery Act (RCRA),1 the Clean Water Act (CWA),2 and the Clean Air Act (CAA)3 represent federal regulatory regimes for...

Does that Line in the Sand Include Wetlands? Congressional Power and Environmental Protection

The U.S. Supreme Court's recent campaign to curtail congressional authority to legislate under the U.S. Commerce Clause1 has inevitably fostered speculation about the validity of parts of the Clean Water Act (...

The Common Law Impetus for Advanced Control of Air Toxics

Editors' Summary: Although the Clean Air Act is the primary tool used for controlling air toxics, the dramatic increase in toxic tort cases brought under common-law theories such as nuisance, trespass, negligence, and strict...

Pfiesteria piscicida: A Regional Symptom of a National Problem

Editors' Summary: Pfiesteria piscicida, a sometimes toxic microorganism, is responsible for the death of millions of fish in Delaware, Maryland, North Carolina, and Virginia. Although the problem of Pfiesteria-related fish kills is...

Emerging Statutory and Constitutional Tools for States to Resist Federal Environmental Regulation

This is a time of high tensions between the federal government and the states over environmental regulation.1 The flashpoints include actions by the U.S. Environmental Protection Agency (EPA) against states...

The Commerce Clause and the Limits of Congressional Authority to Regulate the Environment

Editors' Summary: In United States v. Lopez, the U.S. Supreme Court for the first time in 62 years struck down a federal statute on grounds that it violated the Commerce Clause of the U.S. Constitution. The Gun-Free School...

Federal Versus State Environmental Protection Standards: Can a National Policy Be Implemented Locally?

Keynote Presentation: Making the Partnership Work

Panel Discussion: Regulation of Nuclear Materials

Regulation of Air Quality

Regulation of Water Quality: Is EPA Meeting Its Oblilgations or Can the States Better...