State Liability for Environmental Violations: The U.S. Supreme Court’s 'New' Federalism

29 Environmental Law Reporter 10655

17 Pages Posted: 25 Apr 2012

See all articles by Stephen R. McAllister

Stephen R. McAllister

University of Kansas - School of Law

Robert L. Glicksman

George Washington University - Law School

Date Written: April 22, 1999

Abstract

This article examines whether the Supreme Court’s decisions in Alden v. Maine, College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board, and Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, restrict the ability of Congress to regulate state compliance with federal environmental statutes. The article discusses the various enforcement mechanisms identified in Alden v. Maine and that remain valid, notwithstanding any Eleventh Amendment or constitutional immunity the States may retain. The article concludes that the Supreme Court’s federalism decisions will likely have limited practical impact upon Congress’ authority to enact and ensure the enforcement of environmental statutes.

Suggested Citation

McAllister, Stephen R. and Glicksman, Robert L., State Liability for Environmental Violations: The U.S. Supreme Court’s 'New' Federalism (April 22, 1999). 29 Environmental Law Reporter 10655, Available at SSRN: https://ssrn.com/abstract=2044079

Stephen R. McAllister (Contact Author)

University of Kansas - School of Law ( email )

Green Hall
1535 W. 15th Street
Lawrence, KS 66045-7577
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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