Twenty Years of Environmental Law: Role Reversals between Congress and the Executive, Judicial Activism Undermining the Environment, and the Proliferation of Environmental (and Anti-Environmental) Groups

12 Pages Posted: 18 Jul 2017

Date Written: March 14, 2001

Abstract

This article, celebrating twenty years of the Virginia Environmental Law Journal, recounts the years 1980-2000 of the modern environmental law movement. The article claims that the 1990s witnessed creative statutory interpretations, particularly by the Clinton Administration. It also explains the judicial expansion of the takings clause and standing and ripeness principles as breaks on environmental regulation or its enforcement, Finally, the article examines the rise of both environmental and non-environmental non-profit groups as active participants in environmental litigation, emphasizing their regionalization.

Keywords: environmental law, statutory interpretation, takings, non-governmental organizations, environmental history

JEL Classification: H23, H44, H77, H82, K11, K23, K32, N52, O13, O44, P28, Q15, Q22, Q25, Q28, Q43, Q48, Q58

Suggested Citation

Blumm, Michael C., Twenty Years of Environmental Law: Role Reversals between Congress and the Executive, Judicial Activism Undermining the Environment, and the Proliferation of Environmental (and Anti-Environmental) Groups (March 14, 2001). Virginia Environmental Law Journal, Vol. 20, No. 3, 2001. Available at SSRN: https://ssrn.com/abstract=3002224

Michael C. Blumm (Contact Author)

Lewis & Clark Law School ( email )

10015 S.W. Terwilliger Blvd.
Portland, OR 97219
United States
503-768-6824 (Phone)
503-768-6701 (Fax)

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