How to Protect Environmental Protections?
March 24, 2005
The nation’s environmental laws, mostly passed in the 1970s with bipartisan consensus, are supported by a broad view of Congress’s authority under the Constitution’s Commerce or Spending Clauses. But an expansive view of federal power to regulate in many areas, not just environmentally, has come under fire from litigants, some judges, and even the Supreme Court. At the same time, states are increasingly trying to take on more environmental responsibilities, but are also being blocked by court rulings that, ironically, say that states are impinging on federal prerogatives. Faced with this challenge on two fronts, what is the future of environmental and community protections, whether they originate in Washington or in the states? (more...)
This seminar was co-sponsored by the Center for American Progress, the American Constitution Society for Law and Policy, and the Environmental Law Institute.
Jonathan H. Adler, Professor of Law, Case Western Reserve University School of Law
Robin Kundis Craig, Professor of Law, Indiana University School of Law, author of The Clean Water Act and the Constitution
Douglas T. Kendall, Founder and Executive Director, Community Rights Counsel, editor of Redefining Federalism
Mark Agrast, Senior Vice President for Domestic Policy, Center for American Progress