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 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 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 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 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Law Handbook written by Christopher Bell and published by Bernan Press. This book was released on 2016-12-27 with total page 1171 pages. Available in PDF, EPUB and Kindle. Book excerpt: The environmental field and its regulations have evolved significantly since Congress passed the first environmental law in 1970, and the Environmental Law Handbook, published just three years later, has been indispensable to students and professionals ever since. The authors provide clear and accessible explanations, expert legal insight into new and evolving regulations, and reliable compliance and management guidance. The Environmental Law Handbook continues to provide individuals across the country—professionals, professors, and students—with a comprehensive, up-to-date, and easy-to-read look at the major environmental, health, and safety laws affecting U.S. businesses and organizations. Because it is written by the country's leading environmental law firms, it provides the best, most reliable guidance anywhere. Both professional environmental managers and students aspiring to careers in environmental management should keep the Environmental Law Handbook within arm's reach for thoughtful answers to regulatory questions like: How do I ensure compliance with the regulations? How do the latest environmental developments impact my operations? How do we keep our operations efficient and our community safe? The Handbook begins with chapters on the fundamentals of environmental law and on issues of enforcement and liability. It then dives headfirst into the major laws, examining their history, scope, and requirements with a chapter devoted to each. The 23rd edition of this well-known Handbook has been thoroughly updated, covering major changes to the law and enforcement in the areas of Clean Air, Clean Water, Climate Change, Oil Pollution, and Pollution Prevention. This is an essential reference for environmental students and professionals, and anyone who wants the most up-to-date information available on environmental laws.
Download or read book Natural Resources Law written by CHRISTINE A. KLEIN and published by Aspen Publishing. This book was released on 2022-09-14 with total page 988 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Natural Resources Law, Fifth Edition, continues to emphasize the importance of place through a visually rich text that invites students to consider the passion behind natural resources disputes. Chapters open with a map marking the geographic location of each case and all judicial opinions begin with a context-setting, place-based narrative and photograph. This teachable book groups readings into discrete, assignment-sized chunks and accommodates a wide range of pedagogical approaches. For those who want to focus on cross-cutting themes and policy, each chapter includes thought-provoking article excerpts concludes with a discussion problem that applies the chapter's cases to a contemporary policy issue or dispute. For those who want to get into the nitty-gritty details of the law, each chapter presents statutory and regulatory excerpts in standalone, easily referenced sections, rather than scattered throughout the text. New to the Fifth Edition: New/updated discussion problems, including: access to nature and urban conservation; Dakota Access Pipeline; expanding tribal management of resources; mitigation under Clean Water Act; and climate change and rising seas New cases, including: Wyoming v. DOI; WildEarth Guardians v. Zinke; Center for Biological Diversity v. EPA; Alliance for the Wild Rockies v. U.S. Forest Service; Wetlands America v. White Cloud Nine Ventures; Edwards Aquifer v. Bragg; Butte Environmental Council v. U.S. Army Corps of Engineers New/expanded discussion: Wildfire and state/private forestry regulation Negative impacts on Native Americans of the historical settlement of the public domain and the preservation movement Renewable energy infrastructure on public lands Overlooked and growing relevance of CWA section 404 on streams and wetlands Efforts to recognize "rights of nature" Importance of access to nature; role of urban parks ESA critical habitat; agency policy documents implementing the ESA Water transfers, groundwater regulation, and reserved rights Snowmobile use in Yellowstone National Park; continuing challenges to the Antiquities Act and presidentially designated national monuments Revised chapter on energy and federal lands by national expert Alexandra Klass, including debates over the use of federal lands for continued fossil fuel development and siting of renewable energy infrastructure on public lands Professors and students will benefit from: Place-based approach--conveys passion and drama fueling resource disputes and policy and brings to life judicial analysis and statutory interpretation Broad national coverage--includes both traditional public lands issues and broader natural resource topics of interest to both eastern and western students Factually rich discussion problem at end of each chapter--based on a contemporary dispute or policy issue
