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Environmental Law

Federalism

Florida State University College of Law

Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Law

Response To Heather Gerken's Federalism And Nationalism: Time For A Détente?, Erin Ryan Jul 2015

Response To Heather Gerken's Federalism And Nationalism: Time For A Détente?, Erin Ryan

Scholarly Publications

No abstract provided.


The Spending Power And Environmental Law After Sebelius, Erin Ryan Jan 2014

The Spending Power And Environmental Law After Sebelius, Erin Ryan

Scholarly Publications

In National Federation of Independent Business v. Sebelius, a plurality of the Supreme Court held that portions of the Affordable Care Act exceeded federal authority under the Spending Clause. With that holding, Sebelius became the first Supreme Court decision since the New Deal to limit an act of Congress on spending-power grounds, rounding out the “New Federalism” limits on federal power first initiated by the Rehnquist Court in the 1990s. The new Sebelius doctrine constrains the federal spending power in contexts involving changes to ongoing intergovernmental partnerships with very large federal grants. However, the decision gives little direction for evaluating ...


Greenhouse Gas Regulation In Canada: Constitutional And Policy Dimensions, Shi-Ling Hsu, Robin Elliot Oct 2009

Greenhouse Gas Regulation In Canada: Constitutional And Policy Dimensions, Shi-Ling Hsu, Robin Elliot

Scholarly Publications

Canada’s greenhouse gas emissions have risen dramatically since the 1997 negotiation of the Kyoto Protocol, and that rise has continued through Canada’s 2002 ratification of the Protocol. Along with economic dislocation, constitutional barriers to regulation have sometimes been cited as the reason for caution in regulating greenhouse gases. This article critically evaluates the constitutional arguments and examines the policy considerations surrounding various regulatory instruments that might be used to reduce greenhouse gases. We conclude that the Canadian constitution does not present any significant barriers to federal or provincial regulation and that policy considerations strongly favour the use of ...