Download or read book Solid Waste Agency of Northern Cook County V United States Army Corps of Engineers written by and published by . This book was released on 1998 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Solid Waste Agency of Northern Cook County V U S Army Corps of Engineers written by Edward Fitzgerald and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Supreme Court, through its statutory and constitutional interpretations, has revived federalism to curtail federal authority. In the Solid Waste case, the Court, relying primarily on the text of the Clean Water Act, determined that the federal government lacked jurisdiction over isolated waters that serve as migratory bird habitat. The Court's decision was inconsistent with text, intent, and purposes of the statute. The Court reinforced its statutory interpretation by declaring that the migratory bird rule probably exceeded federal commerce clause authority. The Court's speculation was dubious under the framework of United States v. Lopez. The Court's conclusions are not a positive sign for the future of environmental law.
Download or read book Solid Waste Agency of Northern Cook County v United States Army Corps of Engineers et al written by United States. Supreme Court and published by . This book was released on 2000 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Navigating Federalism written by Robin Kundis Craig and published by . This book was released on 2013 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: In January 2001, the Supreme Court decided Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, holding that the U.S. Army Corps of Engineers could not exercise jurisdiction over ponds at an abandoned gravel pit pursuant to its Migratory Bird Rule, an interpretive gloss on its regulatory interpretation of waters of the United States for purposes of section 404 of the Clean Water Act. For the first time in the Act's 30-year history, moreover, the Court gave substantive weight to the Act's inclusion of states as regulatory partners, refusing to accord the Army Corps Chevron deference on grounds that the Army Corps' interpretation of the Act pushed the Act to its constitutional limits, on both federalism and Commerce Clause grounds.This article argues that by emphasizing one sentence from the Clean Water Act's general purposes section, the Court displaced Congress' complex compromise between state and federal regulatory authority - a compromise that incorporates the variety of accepted state and federal interests in this country. If the Court had looked at the broader context of the Clean Water Act instead of just section 404, it would have noticed that Congress used the term navigable waters to recognize and preserve state authority over certain types of waters, rather than to undermine that authority in favor of federal regulation.
Download or read book Clean Water Act written by Jeanne C. Fromer and published by . This book was released on 2013 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional canons of statutory interpretation have played an unclear role in reviewing agency constructions of statutes in recent years. This uncertainty derives from the Supreme Court's holding in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. that courts should defer to permissible agency interpretations of ambiguous statutes. Rather than follow this holding, however, the Court has recently revived and applied several traditional canons in interpreting such statutes. One such canon--the canon of constitutional doubt--has exhibited signs of life after Chevron, although some scholars have questioned its precedence over agency interpretations. In 2001, in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC), the Supreme Court strongly endorsed the constitutional doubt canon. To avoid the serious constitutional difficulties that it argued would result, the Court declined to defer to an agency's clearly pronounced interpretation of a statute and instead imposed its own reading. The merits of this imposition are questionable: The principles underlying both the Chevron decision and the constitutional doubt canon counsel that the Court should reach the constitutionality of clearly pronounced agency interpretations with serious constitutional problems. Instead, by effectively limiting Chevron deference to agency interpretations without serious constitutional problems, the Court frustrated the very principles it sought to uphold.
Download or read book Village of Bartlett Submittal to United States Army Corps of Engineers in Response to the Solid Waste Agency of Northern Cook County s Balefill Permit Application written by and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lower Courts Untangle the Finer Points of Swancc written by Robin Kundis Craig and published by . This book was released on 2014 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt: On January 2, 2001, the U.S. Supreme Court decided Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, holding that the Corps could not require SWANCC to get a Clean Water Act section 404 permit before filling ponds in an abandoned sand and gravel pit. In so holding, the Supreme Court redefined federal jurisdiction over wetlands, although the federal courts are still working out the scope of that redefinition.This article explores lower courts' reactions to and interpretations of the SWANCC decision. It concludes that the lower courts have created a variety of approaches to assessing the Army Corps' authority to regulate wetlands, but that the emergining majority rule is that federal jurisdiction exists any time a wetland has a surface water connection -- however distant and convoluted -- to other quot;navigable waters.quot.
Download or read book Agency implementation of the SWANCC decision written by United States. Congress. House. Committee on Government Reform. Subcommittee on Energy Policy, Natural Resources, and Regulatory Affairs and published by . This book was released on 2003 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book City of Elgin V County of Cook written by and published by . This book was released on 1994 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environment in the Balance written by Jonathan Z. Cannon and published by Harvard University Press. This book was released on 2015-04-22 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does the green movement remain a transformative force in American life? In Environment in the Balance Jonathan Cannon interprets a wide range of U.S. Supreme Court decisions over four decades and explores the current ferment among activists, to gauge the practical and cultural impact of environmentalism and its future prospects.
Download or read book Constitutional Law written by Erwin Chemerinsky and published by Aspen Publishing. This book was released on 2019-06-17 with total page 1520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Relied on by students, professors, and practitioners, Erwin Chemerinsky’s popular treatise clearly states the law and identifies the underlying policy issues in each area of constitutional law. Thorough coverage of the topic makes it appropriate for both beginning and advanced courses. New to the Sixth Edition: New discussion of the Preamble to the Constitution in Ch. 1 Discussion of many new cases throughout the book. Major new decisions include: Masterpiece Cakeshop v. Colorado Civil Rights Commission; Gill v. Whitford; Zivotofsky v. Kerry; Lucia v. SEC; South Dakota v. Wayfair; Fisher v. University of Texas, Austin; Obergefell v. Hodges; Whole Women’s Health v. Hellerstedt; Matal v. Tam; Williams-Yulee v. Florida State Bar; National Institute of Family and Life Advocates v. Becerra; Janus v. American Federation; Town of Greece v. Galloway; and Trinity Lutheran Church of Columbia v. Comer New materials on presidential power, immigration, and travel bans under the Trump administration, including IRAP v. Trump and Hawaii v. Trump Professors and students will benefit from: Renowned authorship Examination of black-letter law and all the myriad issues of constitutional interpretation with unrivaled thoroughness and lucidity Excellent historical overview of the creation and ratification of the Constitution, examining the existential question of why we have a constitution
Download or read book SWANCC Supreme Court Decision written by United States. Congress. Senate. Committee on Environment and Public Works. Subcommittee on Fisheries, Wildlife, and Water and published by . This book was released on 2004 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Army Lawyer written by and published by . This book was released on 2001 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Business and the Roberts Court written by Jonathan H. Adler and published by Oxford University Press. This book was released on 2016 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the Roberts Court "pro-business"? If so, what does this mean for the law and the American people? Business and the Roberts Court provides the first critical analysis of the Court's business-related jurisprudence, combining a series of empirical and doctrinal analyses of how the Roberts Court has treated business and business law.
Download or read book Bald Mountain Mine North Operations Area Project written by and published by . This book was released on 2009 with total page 702 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Issues for Debate in Environmental Management written by CQ Researcher, and published by SAGE. This book was released on 2010 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can New Business Policies Save the Environment?
Download or read book Environmental Regulation of Real Property written by Nicholas A. Robinson and published by Law Journal Press. This book was released on 2023-04-28 with total page 1386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book not only offers in-depth analysis of federal environmental statutes having a bearing on land use, but also looks closely at rules imposed by state and local governments.
