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Eleventh Amendment

Federal Environmental Law in the "New" Federalism Era

As we wrote last year, the U.S. Supreme Court has shown considerable interest during the past decade in reconsidering many constitutional doctrines regarding federalism and congressional power.1 In a series of...

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...

State Liability for Environmental Violations: The U.S. Supreme Court's "New" Federalism

Editors' Summary: In this Article, the authors examine whether the U.S. Supreme Court's recent "federalism trilogy"—Alden v. Maine, College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board, and...

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...