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Tenth Amendment

Redefining Federalism

Editors' Summary: Federalism has become a highly politicized term in environmental law, with some parties having adopted the term to signify an ideology of devolving federal authority over environmental protection back to the states. In...

Cellular Phone Taskforce v. Federal Communications Comm'n

The court affirms two Federal Communications Commission (FCC) orders that promulgated guidelines for health and safety standards for radio frequency radiation. In addition to health and safety requirements, the guidelines streamlined...

United States v. A-Abras Inc.

The court affirms a district court's oral sentence requiring a contractor to pay a municipal fine at a specified rate as a condition of his guilty plea to a federal charge of supervising and controlling the illegal removal of asbestos...

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...

Nevada v. Department of Energy

The court holds that the U.S. Department of Energy (DOE) fulfilled its statutory obligations under the Nuclear Waste Policy Act (NWPA) to ensure that Nevada had sufficient funds enabling it to perform essential nuclear waste dump...

Missouri v. United States

The court holds that the U.S. Environmental Protection Agency (EPA) did not violate the U.S. Constitution's Tenth Amendment or Spending Clause by imposing Clean Air Act (CAA) offset and highway sanctions against Missouri for its failure...