Abstract

http://ssrn.com/abstract=1444048
 


 



A Jurisprudence of Ideology


James May


Widener University - School of Law

Robert L. Glicksman


George Washington University - Law School

January 1, 2007

Environmental Forum, Vol. 24, p. 22, 2007

Abstract:     
Chief Justice Rehnquist figures prominently in recent historic environmental case law addressed by the Supreme Court. Although generally critical of federal environmental laws, the skepticism stemmed from an interest in the protection of state rights and protection of private property rights rather than a general challenge to federal regulation. His jurisprudence reflects three “guideposts” to consider environmental concerns: limiting the scope of federal power, protecting state sovereignty from encroachment by the federal government, and protecting the rights of private property owners against intrusions resulting from regulation by government. In limiting the scope of federal power, Rehnquist specifically supported limitations on congressional authority to legislate under the Commerce Clause and supported the expansion of the non-delegation doctrine which vests all legislative powers in Congress. Looking to the language of environmental statutes, he often interpreted these narrowly which led to a rejection of implied private rights of action. Under the third guidepost, protecting private property rights, he typically interpreted environmental statutes narrowly. This resulted in a conclusion that state efforts to protect land and resources constituted regulatory takings, compensable by the government to private landowners.

Number of Pages in PDF File: 6

Keywords: environmental law, supreme court, rehnquist

JEL Classification: K32

Accepted Paper Series


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Date posted: August 7, 2009  

Suggested Citation

May, James and Glicksman, Robert L., A Jurisprudence of Ideology (January 1, 2007). Environmental Forum, Vol. 24, p. 22, 2007. Available at SSRN: http://ssrn.com/abstract=1444048

Contact Information

James May (Contact Author)
Widener University - School of Law ( email )
4601 Concord Pike
P.O. Box 7286
Wilmington, DE 19803-0474
United States
Robert L. Glicksman
George Washington University - Law School ( email )
2000 H Street, N.W.
Washington, DC 20052
United States
202-994-4641 (Phone)
HOME PAGE: http://www.law.gwu.edu/Faculty/profile.aspx?id=16085
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