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Emerging Issues in Constitutional Environmental Law in a Time of Transition WHAT HAPPENS WHEN ENVIRONMENTAL LAW MEETS THE CONSTITUTION
| Content Provider | Semantic Scholar |
|---|---|
| Author | Adler, Jonathan H. |
| Copyright Year | 2006 |
| Abstract | The expansive reach of environmental regulation makes constitutional challenges to such laws inevitable. Environmental regulation arguably represents the most ambitious and far-reaching assertion of federal regulatory authority. The very premise of much environmental regulation is that ubiquitous ecological interconnections require broad, if not all-encompassing, federal regulation. This premise is in profound tension with the notion that the U.S. Constitution creates a federal government of limited and enumerated powers. Ecologist David Orr, for one, claims there is a fundamental “mismatch between the way nature works in highly connected and interactive systems and the fragmentation of powers built into the Constitution.” 1 Due to their expansive scope, environmental statutes are particularly vulnerable to challenge on constitutional grounds. As Professor Robert Percival of the University of Maryland |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | http://ruby.fgcu.edu/courses/twimberley/EVR2861/envpolmeetconst.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
