Abstract

http://ssrn.com/abstract=1689188
 
 

Footnotes (1)



 


 



Trends in Constitutional Environmental Law


James May


Widener University - School of Law

March 1, 2006

Trends: ABA Section of Environment, Energy and Resources Newsletter, Vol. 37, No. 4, 2006

Abstract:     
This article is about the growing field at the intersection of environmental and constitutional law. Thirty years ago, constitutional issues rarely arose in environmental law. Nowadays, nearly two in three federal environmental, energy and land use cases are decided on constitutional grounds invoking no fewer than 18 issues. These include the extent to which Congress can regulate activities that are either traditionally intrastate or not inherently economic in nature (the Commerce Clause), preempt state causes of action (Supremacy Clause), and prescribe state functions (10th Amendment) or subject them to federal actions (11th Amendment). Other issues include whether states can burden interstate commerce (Dormant Commerce Clause) or must compensate for regulatory "takings" (5th and 14th Amendments); or whether citizens may enforce environmental laws (Take Care and Case and Controversy Clauses). Constitutional environmental law is emerging at the state and international levels. Two dozen states have constitutional provisions that address environmental matters. One hundred and thirty countries have constitutions that address its nation's environment, 70 of which provide individuals with some degree of what might be called "fundamental" rights to a "clean," "healthful" or "favorable" environment. The intersection of constitutional and environmental law also influences real estate, land use, administrative, torts, civil procedure, workplace safety, tax and international law. Transition in the Supreme Court makes it all the more likely the Constitution will continue to play an essential role in environmental law in areas involving congressional authority, federalism, property rights and limits on judicial review.

Number of Pages in PDF File: 2

Keywords: environmental law, constitutional law

JEL Classification: K32

Accepted Paper Series


Download This Paper

Date posted: October 10, 2010 ; Last revised: January 23, 2011

Suggested Citation

May, James, Trends in Constitutional Environmental Law (March 1, 2006). Trends: ABA Section of Environment, Energy and Resources Newsletter, Vol. 37, No. 4, 2006. Available at SSRN: http://ssrn.com/abstract=1689188

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
Feedback to SSRN


Paper statistics
Abstract Views: 505
Downloads: 103
Download Rank: 155,069
Footnotes:  1

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.641 seconds