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The Constitutional Environmental Law Warrior

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Book Cover Variant Thumbnail

The Constitutional Environmental Law Warrior

$69.99
Sale price  $69.99 Regular price 
Federal environmental law rests on constitutional foundations that are simultaneously expansive and vulnerable. The Commerce Clause power that supports Clean Water Act jurisdiction is the same Commerce Clause that Sackett v. EPA has recently constrained. The major questions doctrine requires clear congressional authorization for major regulatory decisions. The Takings Clause limits regulations that deprive property owners of economic value. And the standing doctrine regularly trips up environmental plaintiffs. The Constitutional Environmental Law Warrior is Volume XXXVIII of Wayne Richard Evangelista's Constitutional Law Series. Wayne Richard Evangelista covers the full constitutional environmental landscape: Commerce Clause basis for federal environmental statutes — SWANCC, Rapanos, and Sackett's narrowing; the major questions doctrine — West Virginia v. EPA's invalidation of the Clean Power Plan and implications for EPA authority; regulatory takings in environmental regulation — Lucas, Penn Central, and Murr; environmental standing from Lujan through Massachusetts v. EPA's special solicitude; the non-delegation doctrine's implications for broad environmental regulatory grants; and constitutional environmental rights under state constitutions and emerging federal theories.

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