Anchoring the Clean Water Act: Congress's Constitutional Sources of Power to Protect the Nation's Waters
Author
Environmental Law Institute
Date Released
July 2007

Recent Supreme Court rulings have called into question federal Clean Water Act coverage for certain wetlands and streams. Legislation recently introduced in the House of Representatives would amend the Act to restate and clarify Congress’s intent to regulate the waters of the United States to the fullest extent of its legislative power. The Environmental Law Institute has issued a new white paper that identifies which constitutional powers Congress can rely on to protect the Nation’s waters, and explains in straightforward language what the Supreme Court has said about these powers.

Answer Constitutional Challenges to New Climate Change Initiatives

New legal initiatives to address climate change are gaining traction, but the history of environmental law in the United States teaches that every aspect of any new legal regime will be aggressively tested in the courts. The nascent efforts to control climate change are no exception and already face constitutional challenges in federal courts on multiple fronts. For example, industry argues both that the federal government lacks the authority to regulate greenhouse gases and that state regulations should be pre-empted by federal authority.