2008 Year in Review: Constitutional Law

American Bar Association Section on Environment, Energy and Resources (2009)

10 Pages Posted: 11 Sep 2020

See all articles by James R. May

James R. May

Washburn University - Washburn University School of Law; Widener University Delaware Law School; Haub School of Law at Pace University

Date Written: February 15, 2009

Abstract

Environmental, energy, and natural resources law continues to be shaped by the U.S. Constitution. While perhaps not as prevalent as in 2007, constitutional issues continue to play first fiddle in more than one-half of all federally reported decisions within the scope of our Section’s namesake. Key issues at the intersection of constitutional and environmental, energy, and natural resources law in 2008 include Standing, the dormant Commerce Clause, Preemption, and the Takings Due Process and Free Speech Clauses, as discussed herein. Other constitutional issues will remain instrumental in the years to come, including those respecting the jurisdictional reach of the Commerce Clause, the political question doctrine, sovereign immunity, and federalism, as well as a host of emerging lower profile constitutional issues, such as those under the Property and General Welfare Clauses, and the Fourth, Fifth, and Seventh Amendments.

Keywords: Environmental Law, Natural Resources Law, Energy Law, Climate Change, Constitutional Law

JEL Classification: K32

Suggested Citation

May, James, 2008 Year in Review: Constitutional Law (February 15, 2009). American Bar Association Section on Environment, Energy and Resources (2009), Available at SSRN: https://ssrn.com/abstract=3682285 or http://dx.doi.org/10.2139/ssrn.3682285

James May (Contact Author)

Washburn University - Washburn University School of Law ( email )

1700 SW College Ave.
Topeka, KS 66621
United States

Widener University Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States

Haub School of Law at Pace University ( email )

78 N. Broadway
White Plains, NY 10603
United States

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