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The Clean Water Act and the constitution: Legal structure and the public 's right to a clean and healthy environment

Author
Kundis Craig R.
Date
2004
Source
IUCN (ID: MON-073513)
Publisher | Place of publication
Environmental Law Institute | Washington, DC, USA
ISBN
1-58576-080-3
Pages
260 p.
Document type
Monography/book
Language
English
Country/Territory
United States of America
Subject
Water
Keyword
Constitutional law Freshwater resources management Enforcement/compliance Freshwater quality/freshwater pollution
Abstract

Contents: Introduction: Environmental regulation and the constitution Part I: Imposing federal regulation and enforcement 1. The clean water act 's ' cooperative federalism ' and the federal / state regulatory balance 2. The supremacy clause and federal preemption of state water quality law 3. Interstate water pollution, federal common law and the clean water act 4. Sovereign immunity and state regulation of federal facilities and tribes 5. Limits on federal water quality regulation: The tenth amendment, the commerce clause, and clean water act ' navigable waters ' 6. Limiting federal and state enforcement of the clean water act: Fifth and fourteenth amendment ' takings ' of private property Part II: Imposition of citizen participation and enforcements 7. The second theme in congress ' restructuring of the federal water pollution control act: The addition of citizen participation and citizen suits 8. Article III separation of powers, standing, and the rejection of a ' public rights ' model of environmental citizen suits 9. Citizen suits against the federal government and tribes 10. Citizen suits against states and territories and the eleventh amendment 11. Article II separation of powers and the president 's enforcement right Conclusion: Should there be a constitutional right to a clean / healthy environment?