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Judicial review

The Court, the Clean Water Act, and the Constitution: SWANCC and Beyond

Environmentalists are no strangers to disappointment in the U.S. Supreme Court, but the recent case of Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC)1 is...

Navigating Federalism: The Missing Statutory Analysis in Solid Waste Agency

For the last several years, federal circuit courts1 have debated the exact jurisdictional scope of § 404 of the Clean Water Act (CWA),2 which authorizes the Secretary of the U.S....

Reading the Clean Air Act After Brown & Williamson

I. Introduction

Smoking is not considered an environmental issue. Congress has kept the U.S. Environmental Protection Agency (EPA) out of the tobacco regulation game by excluding tobacco from coverage under the statute...

Federal Environmental Regulation in a Post-Lopez World: Some Questions and Answers

In the span of just a few years, the U.S. Supreme Court has brought the venerable constitutional concept of federalism back to life with a vengeance. In the 1999 Term alone, the Rehnquist Court struck down three federal laws for...

One for the Birds: The Corps of Engineers' "Migratory Bird Rule"

Does the use by migratory birds of isolated, intrastate waters establish enough of a connection to "navigable waters" and interstate commerce to permit federal regulation under the Clean Water Act (CWA)1 and...

The Supreme Court Restricts the Availability of Forest-Wide Judicial Review in Ohio Forestry Association v. Sierra Club

Editors' Summary: This past summer, the U.S. Supreme Court rendered its decision in Ohio Forestry Ass'n v. Sierra Club, 118 S. Ct. 1665, 28 ELR 21119 (1998). The Court held that an environmental group's challenge to a U.S. Forest...

Exclusive State Court Review for NSR Permit Terms and Conditions: Does EPA's Proposal Go Too Far?

Editors' Summary: This Article examines the judicial review provisions of EPA's proposed New Source Review (NSR) Reform Package issued under the 1990 Amendments to the Clean Air Act. The proposed rule would require the terms and...