The Spending Clause as a Positive Source of Environmental Protection: A Primer

16 Pages Posted: 27 Nov 2019

See all articles by Denis Binder

Denis Binder

Chapman University, The Dale E. Fowler School of Law

Date Written: April 1, 2001

Abstract

The Commerce Clause is the basic source of authority for environmental regulation. An alternative, independent source of Constitutional powers is the Spending Clause pursuant to which Congress can attach conditions to the receipt of federal funds, as with the protection of wetlands.

Keywords: Environmental Protection, Spending Clause, Constitutional Sources of Environmental Protection

Suggested Citation

Binder, Denis, The Spending Clause as a Positive Source of Environmental Protection: A Primer (April 1, 2001). Chapman Law Review, Vol. 4, 2001, Available at SSRN: https://ssrn.com/abstract=3481355

Denis Binder (Contact Author)

Chapman University, The Dale E. Fowler School of Law ( email )

One University Drive
Orange, CA 92866-1099
United States

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