Download or read book The Environmental Commerce Clause written by Christine A. Klein and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1995, the U.S. Supreme Court shocked the legal community when it constrained the scope of the affirmative commerce power of Congress in United States v. Lopez. The Court further narrowed the view of federal commerce authority in two subsequent opinions, which together require that when Congress seeks to regulate a wholly intrastate activity on the basis of its substantial effects upon interstate commerce, the activities themselves must be economic or commercial in nature. In contrast to the contracting scope of the affirmative commerce clause, the Court had begun to expand the dormant commerce clause. This article analyzes the relationship between the affirmative and dormant aspects of the commerce clause, and their effect on the federal regulation of natural resources-an inquiry this article labels the "environmental commerce clause." This study supports two principal conclusions. First, the modern Court has been consistently hostile to environmental regulation. Second, there exists a subtle inconsistency between the Court's affirmative and dormant clause analyses.
Download or read book A Fistful of Denial written by John C. Eastman and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since the Supreme Court's landmark decision in United States v. Lopez invalidating the Gun-Free School Zones Act as beyond the scope of Congress's Commerce Clause power, scholarly commentators from both sides of the ideological spectrum have wondered whether the Court would apply the reasoning of that case in the context of federal environmental laws. Many agreed that, if faithfully applied, Lopez sounded a death knell for a slew of environmental legislation that had at best only a tenuous connection with interstate commerce. For some, that was even more reason to deride the Lopez decision, but for originalists, it was a welcome prospect. Not only would the Court be enforcing the Constitution's limits on Congressional power to regulate Commerce . . . among the . . . States, as it ought, but it would be resurrecting the sound theoretical foundation on which those limits were built, returning decisionmaking authority to a level of government close enough to the people to ensure that both the benefits and costs of environmental policy were fully considered by those who would suffer any adverse consequences of a wrong decision. A fistful of five environmental cases pressing the Commerce Clause challenge were presented to the Court during the October 2004 term by way of petitions for writs of certiorari. The first four petitions were summarily denied, and the fifth was not considered until after this article was published (the petition for certiorari was ultimately granted, Rapanos v. United States). This article addresses the significance of those cases and places them in the larger context of the general recalcitrance of the lower courts to apply Lopez in the environmental law arena.
Download or read book Trade and the Environment written by Damien Geradin and published by Cambridge University Press. This book was released on 1997-11-28 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: A penetrating analysis of the relation between trade and environmental protection policies in the EC and the US.
Download or read book The Dormant Commerce Clause Threat to Market Based Environmental Regulation written by Kirsten H. Engel and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article is an attempt to address the Commerce Clause issues raised when state regulators employ market-based approaches to environmental regulation. Commerce Clause issues can arise when state legislators, in an effort to protect the environment, experiment with creating markets for things that were never before conceived of as marketable. Whether those things be tradable obligations to purchase renewable power or tradable permits to pollute, does a state that adopts such market-friendly approaches thereby automatically transform its regulatory authority into an article of commerce within the meaning of the Commerce Clause? Will such a state unwittingly find its efforts to protect the environment stymied by the Supreme Court's dormant Commerce Clause jurisprudence? Similar issues arise when a state employs other market-based approaches to regulation, such as forcing manufacturers to internalize the environmental costs of production or waste disposal, thereby increasing the price of goods. These Commerce Clause questions may be expected to arise with greater frequency as market-oriented approaches to achieving public goals become increasingly popular. The thesis of this Article is that barriers to interstate commerce should be considered constitutionally permissible when they result from state efforts to (1) retain the benefits of an incentive-based environmental market the state itself has created; (2) prevent the loss, to other jurisdictions, of the benefits generated where citizens collectively invest in industries using more environmentally sensitive production processes; or (3) stem the flow, to other states, of conventional economic benefits that result when a state forces industries to internalize the environmental costs of production and waste disposal. In other words, the Commerce Clause should not void state regulation that attempts to prevent free benefits from accruing to other states.
Download or read book The Commerce Clause as a Limit on Congressional Power to Protect the Environment written by Robert Meltz and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Several times during the 1990s the Supreme Court struck down federal enactments as exceeding Congress' power under the Commerce Clause or Tenth Amendment. This report briefly reviews three of these decisions -- United States v. Lopez, New York v. United States, and Printz v. United States. Its focus, however, is how these cases have played out in subsequent lower-court challenges to federal environmental laws. The report shows that Supreme Court rulings in favor of these states notwithstanding, such laws have generally, though not always, been found within Commerce Clause and Tenth Amendment limits.
Download or read book Commerce in the Commons written by Blake Hudson and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars continue to debate the scope of Congress's Commerce Clause authority and whether fluctuations in the U.S. Supreme Court's Commerce Clause jurisprudence place federal environmental regulatory authority at risk. Yet when one analyzes major Commerce Clause cases involving resource regulation since the beginning of the modern regulatory state, a consistent theme emerges: both the Supreme Court and Circuit Courts of Appeal have consistently upheld federal authority to regulate depletable natural resources, the appropriation of which is non-excludable - key characteristics of a commons. Commerce Clause jurisprudence can be interpreted as treating appropriation of this natural capital, here described as “privatized commons resources,” as fundamentally meeting the third test for determining the validity of federal legislation under the Commerce Clause - the “substantial effects” test. Using commons analysis to meet the substantial effects test has the potential to provide a unified justification for federal environmental regulatory authority under the Commerce Clause, a clearer statement of the jurisprudential approach in environmental cases, and more certainty and effectiveness in environmental and natural resources legislation. Commons analysis also assists in answering persistent questions arising in Commerce Clause cases, including when the “aggregation” principle may be invoked to find substantial effects on interstate commerce, what the “object of regulation” is in environmental Commerce Clause cases, and what is the proper scope of federal Commerce Clause authority given constitutional federalism limitations.
Download or read book Constitutional Considerations written by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Environment and the Economy and published by . This book was released on 2015 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Clean Water Act and the Constitution written by Robin Kundis Craig and published by Environmental Law Institute. This book was released on 2009 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this second edition of a landmark book, author Robin Craig explores the structural implications for water quality regulation when the primary federal statute for regulating water quality--the Clean Water Act--operates in a context complicated by a variety of constitutional requirements and dictates.This new edition thoroughly updates the first edition, particularly in areas where the Supreme Court has issued significant new decisions. For example, it includes discussions of the Court's 2006 decision in Rapanos v. United States plus the important recent developments in Commerce Clause jurisprudence. Other noteworthy additions include Clean Water Act takings jurisprudence, new discussions of "increased risk" as a basis for citizen suit standing, and the issue of state citizen suit standing after Massachusetts v. EPA.
Download or read book E Cycling Linking Trade and Environmental Law in the EC and the U S written by Harri Kalimo and published by BRILL. This book was released on 2006-06-20 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dr. Kalimo's legal and policy analysis explores the phenomenon recycling throughout the entire product life cycle, from the extraction of raw materials, to the production and marketing of goods, to the use of those goods and to the management of the resulting wastes. In this light, he shows how trade law interacts and can function within the demands and needs of the evolving environmental legal paradigm. Overall, the work provides more than one hundred examples of just how and when modern environmental and free trade law converge in the practical context of recycling of electronics such as mobile phones and personal computers in the internal markets of the EC and the U.S. E-Cycling is an ideal text for anyone navigating the myriad legal issues surrounding environmental protection and free trade. With holistic, horizontal guidelines and innovative use of charts and figures, the book will contribute to the effectiveness and coherence of public policy-making on the environmental law, trade law, and constitutional law levels. Published under the Transnational Publishers imprint.
Download or read book The Law and Policy of Environmental Federalism written by Kalyani Robbins and published by Edward Elgar Publishing. This book was released on 2015-12-18 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should we strike a balance between the benefits of centralized and local governance, and how important is context to selecting the right policy tools? This uniquely broad overview of the field illuminates our understanding of environmental federalism and informs our policy-making future. Professor Kalyani Robbins has brought together an impressive team of leading environmental federalism scholars to provide a collection of chapters, each focused on a different regime. This review of many varied approaches, including substantial theoretical material, culminates in a comparative analysis of environmental federalism and consideration of what each system might learn from the others. The Law and Policy of Environmental Federalism includes clear descriptive portions that make it a valuable teaching resource, as well as original theory and a depth of policy analysis that will benefit scholars of federalism or environmental and natural resources law. The value of its analysis for real-world decision-making will make it a compelling read for practitioners in environmental law or fields concerned with federalism issues, including those in government or NGOs, as well as lobbyists.
Download or read book Environmental Law in a Nutshell written by Roger W. Findley and published by . This book was released on 1988 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Review of Government Decisions; Judicial Role in Environmental Law; National Environmental Policy Act; Federalism and the Environment; Scope of Federal Power; Commerce Clause Restrictions on State Power; Federal Preemption; Pollution Control; Common Law Remedies; Regulation Under the Clean Air Act; Regulation Under the Clean Water Act; Economic Incentives for Environmental Protection; Risk Management and Scientific Uncertainty; Introduction to Risk Assessment and Risk Management; Judicial Views Concerning Management of Uncertain Risks; Control of Toxic Substances; Regulating the Sale of Toxic Substances; Toxic Substances Under the General Pollution Statutes; Resource Conservation and Recovery Act; Comprehensive Environmental Response, Compensation and Liability Act; Common Law Remedies; Preservation of Natural Areas; Preservation as a Goal; Restrictions on Development of Private Land; Protecting Coastal Waters; Protecting of Public Lands; Preserving Endangered Species.
Download or read book Federal Preemption of State and Local Law written by James T. O'Reilly and published by American Bar Association. This book was released on 2006 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Download or read book How the Environmental Legal Regulatory System Works written by Aaron Gershonowitz and published by . This book was released on 1991 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environmental Regulation written by Robert V. Percival and published by Aspen Publishers. This book was released on 2000 with total page 1302 pages. Available in PDF, EPUB and Kindle. Book excerpt: In its refined Third Edition, this popular casebook responds to both changes in the field and user feedback. ENVIRONMENTAL REGULATION: Law, Science, and Policy, Third Edition, Is skillfully designed to help students and professors navigate this complex area of law. The authors bring clarity and coherence To The study of environmental regulations And The policy considerations that shape them, with: comprehensive coverage that supplies a complete introduction to environmental law while it allows professors flexibility to choose which topics to emphasize a detailed examination of policy that goes beyond an explanation of the regulatory structure to explore the political, economic, and ethical concerns that influence policy and enforcement effective teaching and study aids including charts and diagrams that map the structure of each major environmental statute, problems and questions based on real-life situations, and 'pathfinders' to explain where to locate crucial source materials a website (http://www.law.umaryland.edu/courses/environment) that continually updates subjects covered in the book with links that enable students to learn more about topics of interest detailed suggestions for teaching from the book provided in an extensive Teacher's Manual engaging and student-friendly text that demystifies the field Updated features of ENVIRONMENTAL REGULATION: Law, Science, and Policy, Third Edition, include: Updated coverage of the Clean Air Act New chapter on Land Use Regulation and Regulatory Policy Broader coverage of issues of federalism and congressional authority New problem exercises, and cases, including the Supreme Court's year 2000 Laidlaw decision on standing in citizen enforcement actions When you select materials for your next course, consider the book that provides you with the most recent information and lets you organize it to suit your individual teaching preferences - ENVIRONMENTAL REGULATION: Law, Science, and Policy, Third Edition. Authors' website: http://www.law.umaryland.edu/courses/environment
Download or read book The Commerce Clause Meets Environmental Protection written by Harriott D. Bolster and published by . This book was released on 2014 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: On December 20, 2005 seven northeastern states announced an agreement to implement the Regional Greenhouse Gas Initiative (RGGI), in an effort to reduce greenhouse gas pollution. In doing so, those states formally committed to implementing the first market-based regulatory program for carbon dioxide emissions trading in the United States. When electricity suppliers begin to import power from outside the regulated region in order to avoid the constraints of the emissions cap, resulting in little or no net decrease in overall emissions associated with the power consumed inside the region the movement of emissions associated with power consumed inside the region is called leakage. The regulatory approaches available to RGGI to fight the problem of leakage may be subject to attack as violations of the interstate commerce clause of the U.S. Constitution.This Note explores the possibility of using the concepts embodied in the compensatory tax doctrine to defend a regulatory scheme that might be used by RGGI to combat leakage. The compensatory tax doctrine (a three pronged test) embodies the principle that a state regulation that burdens interstate commerce may still survive constitutional scrutiny if it is a compensatory tax designed merely to make interstate commerce bear a burden already borne by intrastate commerce. This Note analyzes the application of commerce clause jurisprudence and the compensatory tax doctrine to the alternatives that RGGI may elect to use to combat the problem of leakage and evaluates the likely success of those options. This Note argues that the RGGI states, and any reviewing court, should draw on compensatory tax doctrine principles in crafting, and supporting, a regulation that imposes burdens on imported electricity equivalent to those imposed on electricity generated inside the region by the regulatory cap.
Download or read book Environmental Protection written by Robert L. Glicksman and published by Aspen Publishing. This book was released on 2019-02-15 with total page 1757 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Protection: Law and Policy, widely respected for its intellectual breadth and depth, is an interdisciplinary and international overview of the fundamental issues of Environmental Law, incorporating history, theory, litigation, regulation, policy, science, economics, and ethics. It includes a complete introduction to the history of environmental protection; laws and regulations; regulatory design strategies; policy objectives; and analysis of constitutional federalism and related policy questions concerning the design and implementation of environmental protection programs. Coverage includes the major federal pollution control laws (the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, CERCLA, and more); climate change (a chapter discussing important scientific, policy, and program design questions); natural resource management issues (two chapters focusing on the National Environmental Policy Act and the Endangered Species Act); and national forest management. New to the Eighth Edition: Thoroughly updated coverage, including how various actors—Congress, the President, political and career staff at agencies such as EPA, and regulatory beneficiaries—influence shifts in environmental law and policy, including Trump Administration initiatives that raise novel administrative and environmental law issues that have been or are likely to be addressed by the courts Coverage of evolving agency approaches to the scope of Clean Water Act mandates through repeal of or revisions to the "waters of the United States" rule, and of controversies surrounding the Trump Administration's climate change policies, including repeal of the Clean Power Plan and its announced withdrawal from the 2015 Paris climate agreement to which virtually every other nation is a party Inclusion of new principal cases such as the Supreme Court's decision in Michigan v. EPA, which addressed the role of cost in regulation, and the Third Circuit's decision in American Farm Bureau Federation v. EPA, which involved implementation of the total maximum daily load program under the Clean Water Act Comprehensive treatment of 2016 amendments to the Toxic Substances Control Act, the first major revisions to a core environmental statute enacted by Congress in 20 years Treatment of compliance and enforcement issues and their importance to the development and implementation of environmental law Coverage of ongoing controversial litigation in courts throughout the country on application of the public trust doctrine to force government action to mitigate climate change through controls on greenhouse gas emissions Professors and students will benefit from: Thorough and nuanced treatment of the history of environmental protection, existing laws, regulations, and cases, regulatory design strategies, and current and developing policy objectives Broad-based international and interdisciplinary approach incorporating science, economics, and ethics Coverage of major federal pollution control laws Landmark and cutting-edge cases Notes and questions Charts and graphics Numerous exercises and problems Distinguished authorship with extensive practical, scholarly, and teaching experience
Download or read book Introduction to Environmental Law and Policy written by Christina M. Valente and published by . This book was released on 1995 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt:
