The Clean Water Act and the Constitution

The Clean Water Act and the Constitution : Legal Structure and the Public's Right to a Clean and Healthy Environment

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Description

In this second edition of a landmark book, author Robin Kundis Craig explores the structural implications for water quality regulation when the primary federal statute for regulating water quality-the Clean Water Act-operates in a context complicated by a variety of constitutional requirements and dictates. After examining the Supremacy Clause, constitutional interstate common law, federal sovereign immunity, the Commerce Clause, the Fifth Amendment's "taking" clause, the Eleventh Amendment, and the separation of powers principles, Craig concludes that constitutional law has had a more significant effect on the Act's intent to involve citizens in public interest enforcement than on the Act's basic structure of "cooperative federalism." This second edition thoroughly updates the first edition, particularly in areas where the Supreme Court has issued significant new decisions. For example, it includes discussions of the Court's 2006 decision in Rapanos v. United States plus the important recent developments in Commerce Clause jurisprudence. Other noteworthy additions include Clean Water Act takings jurisprudence, new discussions of "increased risk" as a basis for citizen suit standing, and the issue of state citizen suit standing after Massachusetts v. EPA. As Craig reveals, more kinds of constitutional issues have been litigated more often around the Clean Water Act than around any other federal environmental law. Craig argues that environmental constitutional jurisprudence may have progressed to the point where the structure of the Constitution impedes necessary solutions to pressing environmental issues. She concludes by proposing a structural amendment to the Constitution that would restore Congress's vision of citizen participation in environmental law.show more

Product details

  • Paperback | 307 pages
  • 149.86 x 226.06 x 17.78mm | 430.91g
  • West Academic
  • Environmental Law Institute
  • Minnesota, United States
  • English
  • Revised
  • 2nd Revised edition
  • 1585761389
  • 9781585761388

Review quote

"One of the most revolutionary statutes ever enacted by Congress, the Clean Water Act has produced remarkable progress over the past 25 years. Much of that progress, however, is threatened today--and some of those threats come from a number of recent Supreme Court decisions. Professor Craig's book presents a thorough, straightforward examination of the Clean Water Act's approach to delegated federalism and the constitutional provisions that have both empowered and bedeviled the statute. Her book deserves a place on the bookshelves of all those who are seasoned CWA lawyers as well as those who are learning to navigate one of the most complex statutes ever written."--William L. Andreen, Clarkson Professor of Law, "University of Alabama School of Law "show more

About Robin K. Craig

Robin K. Craig is Attorneys' Title Insurance Fund Professor of Law at Florida State University College of Law and codirector of the Program in Environmental and Land Use Law. She is the author of Environmental Law in Context: Cases and Materials.show more