Program on the Constitution, Courts, and Legislation: Publications

"The Environmental Relevance of the Equal Access to Justice Act," American Constitution Society Blog Guest Post (July 2013)
Shifting the Debate: In Defense of the Equal Access to Justice Act, Brian Korpics, Jay Austin, and Bruce Myers (ELI, June 2013)
State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope of the Federal Clean Water Act, a 50-state study (ELI, May 2013)
The Clean Water Act Jurisdictional Handbook, Second Edition (ELI, May 2012)
The Commerce Clause: Foundation for U.S. Environmental Law in Principles of Constitutional Environmental Law, Principles of Constitutional Environmental Law (Chapter), Jay E. Austin and D. Bruce Myers Jr. (ABA and ELI, August 2011)
"Goliath Gulps in GMO Litigation," American Constitution Society Blog Guest Post (May 2010)
"Wetlands, Streams, and... Civil Commitment of 'Sexually Dangerous Persons'?!" National Wetlands Newsletter (November/December 2009)
"Florida Giveth but Does It Taketh Away?" American Constitution Society Guest Post (November 2009)
"Judges Shouldn't Have to Pretend Their Process is Mechanical," The Los Angeles Daily Journal (August 2009) (PDF of the op-ed; second headline from the top)
"ELI Staffer Letter to Washington Post Regarding Judge Sotomayor Nomination," The Washington Post (May 2009)
"How green is your presidential candidate?" The Christian Science Monitor (April 2008) (PDF of the op-ed)
Anchoring the Clean Water Act: Congress's Constitutional Sources of Power To Protect the Nation's Waters, Jay E. Austin and D. Bruce Myers Jr. (ELI, September 2007) (republished as Issue Brief of the American Constitution Society, September 2007)
"Standing Up for State Standing, but Waiting for the Other Shoe," The Environmental Forum (May/June 2007)
"Opening Argument: A Close Call for the Clean Water Act," The Environmental Forum (September/October 2006)
"Dismissing States' Briefs in a Footnote," The Environmental Forum (September/October 2006)
Legal Briefing on Supreme Court Decision in Rapanos v. United States, presented by ELI President Leslie Carothers to House Legislative Staff (June 2006)
"Opening Argument: Deference to Congress, Agencies Real Issues In Water Act Cases," The Environmental Forum (March/April 2006)
Rapanos v. United States and Carabell v. U.S. Army Corps of Engineers, Brief of ELI as Amicus Curiae Supporting Respondents (February 2006)
Considering NEPA: Comments to the National Environmental Policy Act Task Force (ELI, February 2006)
"Opening Argument: A Chief Justice Already Testing Environmental Law's Pillar," The Environmental Forum (September/October 2005)
A Brief Guide to the "Written Determination" and Private Property "Aid" Provisions of H.R. 3824 (The Threatened and Endangered Species Reform Act), Jim McElfish (September 2005)
"Environmental Law Update 2004: The Practical Impacts of This Year's Legal Struggles," The Environmental Law Reporter (December 2004)
Judging NEPA: A "Hard Look" at Judicial Decision Making Under the National Environmental Policy Act (ELI, October 2004)
"The Rise (And Fall?) Of Fundamentalist Federalism," The Environmental Forum (September/October 2004)
"Endangered Laws: Panels Clash on Constitutional Issues, Implementation," The Environmental Forum (May/June 2004)
Redefining Federalism: Listening to the States in Shaping "Our Federalism," Edited by Doug Kendall (2004).
"No Need for EPA to Act After Court's Ruling," The Environmental Forum (May/June 2003)
"ELI's Endangered Environmental Laws Program Looks at the Courts," The Environmental Forum (May/June 2003)
"What Are 'Waters of the United States'?" The Environmental Forum (May/June 2003)
Memorandum Regarding Jurisdiction of D.C. Circuit Court of Appeals over Environmental Laws (ELI, 2003)
Endangered Environmental Laws Background Paper (ELI, 2003)
"Who's In Charge?" The Environmental Forum (July/August 2002)
"Now On Endangered List: Environmental Law Itself," The Environmental Forum (March/April 2002)