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Katrina's Lament: Reconstructing Federalism

32 Pages Posted: 24 Feb 2009  

John R. Nolon

Pace University School of Law

Date Written: 2006


The subject of stormwater management raises threshold questions about the federal system. Is the regulation of stormwater runoff and the environmental pollution it causes within the federal government's legal jurisdiction? Is it a matter reserved to the states under the Tenth Amendment? Or is it a joint responsibility and, if so, precisely how is federal and state authority shared? How does the delegation of power by states to local governments to regulate the use of privately owned land affect the federal-state division of power? What limits should there be on local control of land uses that cause "nonpoint source" pollution, the principal culprit to be controlled in stormwater management?

Suggested Citation

Nolon, John R., Katrina's Lament: Reconstructing Federalism (2006). Pace Environmental Law (PELR) Review, Vol. 23, 2006. Available at SSRN:

John Nolon (Contact Author)

Pace University School of Law ( email )

78 North Broadway
White Plains, NY 10603
United States

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