Craig's Clean Water Act and the Constitution, 2d
eBook - Digital access to the eBook, with the ability to highlight and take notes.
Description
In this second edition of a landmark book, author Robin Kundis Craig explores the structural implications for water quality regulation when the primary federal statute for regulating water quality鈥攖he Clean Water Act鈥攐perates in a context complicated by a variety of constitutional requirements and dictates. After examining the Supremacy Clause, constitutional interstate common law, federal sovereign immunity, the Commerce Clause, the Fifth Amendment鈥檚 鈥渢aking鈥� clause, the Eleventh Amendment, and the separation of powers principles, Craig concludes that constitutional law has had a more significant effect on the Act鈥檚 intent to involve citizens in public interest enforcement than on the Act鈥檚 basic structure of 鈥渃ooperative federalism.鈥�
This second edition thoroughly updates the first edition, particularly in areas where the Supreme Court has issued significant new decisions. For example, it includes discussions of the Court鈥檚 2006 decision in Rapanos v. United States plus the important recent developments in Commerce Clause jurisprudence. Other noteworthy additions include Clean Water Act takings jurisprudence, new discussions of 鈥渋ncreased risk鈥� as a basis for citizen suit standing, and the issue of state citizen suit standing after Massachusetts v. EPA.
As Craig reveals, more kinds of constitutional issues have been litigated more often around the Clean Water Act than around any other federal environmental law. Craig argues that environmental constitutional jurisprudence may have progressed to the point where the structure of the Constitution impedes necessary solutions to pressing environmental issues. She concludes by proposing a structural amendment to the Constitution that would restore Congress鈥檚 vision of citizen participation in environmental law.
This second edition thoroughly updates the first edition, particularly in areas where the Supreme Court has issued significant new decisions. For example, it includes discussions of the Court鈥檚 2006 decision in Rapanos v. United States plus the important recent developments in Commerce Clause jurisprudence. Other noteworthy additions include Clean Water Act takings jurisprudence, new discussions of 鈥渋ncreased risk鈥� as a basis for citizen suit standing, and the issue of state citizen suit standing after Massachusetts v. EPA.
As Craig reveals, more kinds of constitutional issues have been litigated more often around the Clean Water Act than around any other federal environmental law. Craig argues that environmental constitutional jurisprudence may have progressed to the point where the structure of the Constitution impedes necessary solutions to pressing environmental issues. She concludes by proposing a structural amendment to the Constitution that would restore Congress鈥檚 vision of citizen participation in environmental law.