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Articles 1 - 11 of 11
Full-Text Articles in Environmental Law
Constitutional Resilience, Shannon M. Roesler
Constitutional Resilience, Shannon M. Roesler
Washington and Lee Law Review
Since the New Deal era, our system of constitutional governance has relied on expansive federal authority to regulate economic and social problems of national scale. Throughout the twentieth century, Congress passed ambitious federal statutes designed to address these problems. In doing so, it often enlisted states as regulatory partners—creating a system of shared governance that underpins major environmental statutes, such as the Clean Water Act and the Clean Air Act. These governance structures remain important today as we seek to adapt our laws and institutions to the serious disruptions of climate change. But recent Supreme Court decisions challenge this long-established …
This Land Is Your Land? Survey Delegation Laws As A Compensable Taking, Doug Chapman
This Land Is Your Land? Survey Delegation Laws As A Compensable Taking, Doug Chapman
Washington and Lee Journal of Civil Rights and Social Justice
While every state in the Union has a statute delegating in some form surveying authority to private entities, the practice has been especially visible and controversial due to pipeline construction in the Commonwealth of Virginia. A major point of contention in pipeline development has centered upon the ability of private companies to use delegated eminent domain powers to survey land for possible future development. While recent decisions by both a federal Virginia District Court and the state’s Supreme Court have upheld the state’s surveying delegation law from landowner challenges, the issue is far from resolved. Virginia therefore provides an ideal …
Dr. Carb Or: How I Learned To Stop Worrying About The Feds And Love States’ Rights, Dan Strong
Dr. Carb Or: How I Learned To Stop Worrying About The Feds And Love States’ Rights, Dan Strong
Washington and Lee Journal of Energy, Climate, and the Environment
Climate change is one of the largest environmental problems the world is currently facing. At the forefront of the climate change issue is the problem of carbon emissions. Environmentalists were hopeful that a national regulatory structure would be created with the enactment of the Clean Air Act in the 1970s. Since its enactment, however, it is clear the Clean Air Act was not the solution to the national carbon emissions problem environmentalists were hoping for. With the federal government failing to act, states have taken it upon themselves to regulate carbon emissions. California, with its enactment of the California Low …
Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn
Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn
Washington and Lee Law Review
No abstract provided.
Emergency Planning And Community Right-To-Know Citizen Suits: Should The Supreme Court Extend Gwaltney?, Jeffrey A. Keithline
Emergency Planning And Community Right-To-Know Citizen Suits: Should The Supreme Court Extend Gwaltney?, Jeffrey A. Keithline
Washington and Lee Law Review
No abstract provided.
Appointments With Disaster: The Unconstitutionality Of Binational Arbitral Review Under The United States-Canada Free Trade Agreement, Jim C. Chen
Washington and Lee Law Review
No abstract provided.
Ruckelshaus V. Monsanto Co., Lewis F. Powell, Jr.
Ruckelshaus V. Monsanto Co., Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.
Tennessee Valley Authority V. Hill, Lewis Powell Jr.
Tennessee Valley Authority V. Hill, Lewis Powell Jr.
Supreme Court Case Files
No abstract provided.
Puyallup Tribe, Inc. V. Department Of Game Of Washington, Lewis F. Powell Jr.
Puyallup Tribe, Inc. V. Department Of Game Of Washington, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Cappaert V. United States, Lewis F. Powell Jr.
Cappaert V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Village Of Belle Terre V. Boraas, Lewis F. Powell Jr.
Village Of Belle Terre V. Boraas, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.