Federal Environmental Law in the 'New Federalism' Era
Glicksman, Robert L. McAllister, Stephen R.
Glicksman, Robert L.
McAllister, Stephen R.
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Abstract
As we wrote last year, the U.S. Supreme Court has shown considerable interest during the past decade in reconsidering many constitutional doctrines regarding federalism and congressional power. In a series of important decisions, always decided with the same five justices in the majority, the Court has begun to redefine the federal-state relationship and the scope of federal authority. The past term generally continued that trend, with one important commerce power decision, one significant Eleventh Amendment/Fourteenth Amendment decision, and a number of decisions that involve or affect federalism and the scope of federal power, although the Court sometimes relied on statutory interpretation to avoid serious constitutional issues. Part I of this article describes the most recent decisions.
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Full-text available at SSRN. See link in this record.
Date
2000
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Environmental Law Institute (ELI)
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Citation
Robert L. Glicksman & Stephen R. McAllister, Federal Environmental Law in the 'New Federalism' Era, 30 ENVTL. L. REP. 11122 (2000).