Where Constitutional Law and Environmental Law Intersect

Widener University School of Law Magazine

2 Pages Posted: 18 Dec 2024 Last revised: 15 Dec 2024

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: January 12, 2005

Abstract

Is it constitutional for a city, say Wilmington, Chester, or Harrisburg, to condemn homes along an historic riverfront for economic development? For Delaware to forbid a New Jersey company from off-loading liquefied natural gas on the Delaware River? For Pennsylvania to prohibit trash imported from New York City? For New Jersey to prohibit from its waters giant, spill-prone single-hull oil tankers bearing foreign flags bound for Marcus Hook, Pennsylvania? For the U.S. Environmental Protection Agency to force local businesses to comply with national air and water quality requirements? For the United States Fish and Wildlife Service to forbid farmers on Maryland’s Eastern Shore from fencing their property because it might harm the mating patterns of an endangered frog? For states to sue the U.S. Government to have it reduce emissions that contribute to global warming? For people of color to get a federal court order to address the disproportionate impact of a state’s land use policies? What does the U.S. Constitution have to say about all this?

Suggested Citation

May, James,
Where Constitutional Law and Environmental Law Intersect
(January 12, 2005). Widener University School of Law Magazine, Available at SSRN: https://ssrn.com/abstract=5038105 or http://dx.doi.org/10.2139/ssrn.5038105

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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