Environmental Law: The Role of Congress in Environmental Law
Posted: 2 Nov 2016
Date Written: October 28, 2016
This article publishes the remarks of a panel on the Role of Congress in Environmental Law, hosted at the National Convention of the Federalist Society for Law and Public Policy Studies, Washington, D.C., November 14, 2015. Professor Schoenbrod argued that, in environmental law and policy, Congress enacts statutory rights but then improperly delegates to the Environmental Protection Agency responsibility for the burdens. Professor Robinson gave a survey of Congress’s attitudes toward environmental policy from 1818 to the present. Mr. Leggett argued that the Obama administration has stopped Congress from setting policies protecting America’s air, water, and land. Professor Claeys recounted an example of a narrow piece of legislation in which Congress did succeed in legislating on environmental policy — the provisions of the Energy Policy Act of 2005 preventing the Safe Water Drinking Act from being interpreted to apply to hydraulic fracturing — and explored whether the conditions that made it possible to enact those provisions could be replicated more generally.
Keywords: Administrative Law, Clean Air Act, Clean Water Act, Coal, EPA, Federalism, Fracking, Natural Gas, Natural Resources, Oil, Regulation, REINS, Shale
JEL Classification: K32
Suggested Citation: Suggested Citation