Abstract

http://ssrn.com/abstract=1947074
 


 



Introduction: The Intersection of Constitutional and Environmental Law


James May


Widener University - School of Law

October 20, 2011

PRINCIPLES OF ENVIRONMENTAL CONSTITUTIONAL LAW, American Bar Association, 2011

Abstract:     
This chapter introduces the various ways that constitutional law shapes environmental law, ways that are examined in detail in the chapters that follow. It is hard to overstate the profound influence constitutional law has on legal and policy responses to the most pressing environmental issues of our day: climate change, species and biodiversity conservation, pollution control, use of natural resources, sustainability, rights to a quality environment, individual property rights and liberty interests, wind power, interstate movement of waste and energy, carbon allowances, and land use, to name a few. These issues are molded by constitutional features including the Commerce, dormant Commerce, Supremacy, Takings, and Due Process Clauses; the nondelegation, standing, and political question doctrines; the Tenth and Eleventh Amendments; and principles of executive authority and federalism. Constitutions in many U.S. states, as well as in other countries, also explicitly address environmental concerns. This chapter briefly explains how these and other lower profile constitutional issues shape environmental law.

Number of Pages in PDF File: 34

Keywords: constitutional law, environmental law

JEL Classification: K32, K10

Accepted Paper Series


Download This Paper

Date posted: October 22, 2011  

Suggested Citation

May, James, Introduction: The Intersection of Constitutional and Environmental Law (October 20, 2011). PRINCIPLES OF ENVIRONMENTAL CONSTITUTIONAL LAW, American Bar Association, 2011. Available at SSRN: http://ssrn.com/abstract=1947074

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: 392
Downloads: 95
Download Rank: 163,605

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.281 seconds