Federal Environmental Law in the 'New Federalism' Era

30 Environmental Law Reporter 11122

52 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, 2000

Abstract

As we wrote last year, the U.S. Supreme Court has shown considerable interest during the past decade in reconsidering many constitutional doctrines regarding federalism and congressional power. In a series of important decisions, always decided with the same five justices in the majority, the Court has begun to redefine the federal-state relationship and the scope of federal authority. The past term generally continued that trend, with one important commerce power decision, one significant Eleventh Amendment/Fourteenth Amendment decision, and a number of decisions that involve or affect federalism and the scope of federal power, although the Court sometimes relied on statutory interpretation to avoid serious constitutional issues. Part I of this article describes the most recent decisions.

Suggested Citation

McAllister, Stephen R. and Glicksman, Robert L., Federal Environmental Law in the 'New Federalism' Era (April 22, 2000). 30 Environmental Law Reporter 11122, Available at SSRN: https://ssrn.com/abstract=2044094

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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