Linked e-resources
Details
Table of Contents
Intro
Foreword
Contents
How the Courts Have Interpreted the Relevance of the U.S. Constitution to Environmental Law
1 Introduction
2 Commerce Clause
3 Case and Controversy Clause and Standing Doctrine
4 The Supremacy Clause: Preemption
4.1 Toxic Substances Control Act
4.2 Federal Insecticide, Fungicide and Rodenticide Act
4.3 Atomic Energy Act
5 First Amendment: Freedom of Speech
5.1 Greenwashing
5.2 Securities Regulation and Compelled Disclosures
5.3 The First Amendment's Scope of Coverage
5.4 The Applicable Level of Scrutiny
6 Fourth Amendment: Searches and Seizures
6.1 Warrantless Searches Pursuant to Consent
6.2 Warrantless Searches of Pervasively Regulated Businesses
6.3 Warrantless Searches of Property in Public View
6.4 Searches Pursuant to Warrant
7 Fifth Amendment
7.1 Procedural Due Process
7.2 Substantive Due Process
7.3 Takings
8 Fourteenth Amendment: Equal Protection
9 Conclusions
References
The Environmental Rights Provisions of U.S. State Constitutions: A Comparative Analysis
1 Introduction
2 Right to Quality Environment: Similarities and Differences in Text
3 Scope
3.1 Role of Courts in Defining Right to a Quality Environment
3.2 Role of Legislature in Defining or Limiting Right to Quality Environment
4 Standing
5 Possible Defendants
5.1 Right of Action Against State?
5.2 Right of Action Against Private Parties?
6 Standard for Determining Constitutionality of Challenged Actions
7 Conclusion
References
Environmental Justice Before U.S. Courts
1 Introduction: Mobilizing the Environmental Justice Movement
2 Litigation: A Tool of Limited But Continuing Utility
2.1 Antidiscrimination Cases: Constitution and Civil Rights Act-Based Claims
2.2 Substantive and Procedural Environmental Law Claims
2.3 Tort Claims
3 Promise and Peril: Emerging Tools and Challenges for Environmental Justice Litigation
3.1 Federal Progress Under the Biden Administration
3.2 State Environmental Justice Statutes and State Law-Based Claims
3.3 Other Emerging Influences on Environmental Justice Litigation
4 Conclusion
References
Ripple Effect: A Look at Sackett v. EPA and the Non-Water Quality Values That the Clean Water Act Protects, in Environmental Law Before the Courts: A US-EU Narrative
1 Introduction
2 The Origins of the "Ripple Effect"
3 The "Ripple Effect" in Practice
4 An Uncertain Future for the "Ripple Effect"
5 Conclusion
References
Specialized State Environmental Courts in the U.S.: The Experience of Vermont and Hawai'i
1 Introduction
2 Vermont's Experience with an Environmental Court Since Its Founding in 1990
2.1 The U.S. State of Vermont
Foreword
Contents
How the Courts Have Interpreted the Relevance of the U.S. Constitution to Environmental Law
1 Introduction
2 Commerce Clause
3 Case and Controversy Clause and Standing Doctrine
4 The Supremacy Clause: Preemption
4.1 Toxic Substances Control Act
4.2 Federal Insecticide, Fungicide and Rodenticide Act
4.3 Atomic Energy Act
5 First Amendment: Freedom of Speech
5.1 Greenwashing
5.2 Securities Regulation and Compelled Disclosures
5.3 The First Amendment's Scope of Coverage
5.4 The Applicable Level of Scrutiny
6 Fourth Amendment: Searches and Seizures
6.1 Warrantless Searches Pursuant to Consent
6.2 Warrantless Searches of Pervasively Regulated Businesses
6.3 Warrantless Searches of Property in Public View
6.4 Searches Pursuant to Warrant
7 Fifth Amendment
7.1 Procedural Due Process
7.2 Substantive Due Process
7.3 Takings
8 Fourteenth Amendment: Equal Protection
9 Conclusions
References
The Environmental Rights Provisions of U.S. State Constitutions: A Comparative Analysis
1 Introduction
2 Right to Quality Environment: Similarities and Differences in Text
3 Scope
3.1 Role of Courts in Defining Right to a Quality Environment
3.2 Role of Legislature in Defining or Limiting Right to Quality Environment
4 Standing
5 Possible Defendants
5.1 Right of Action Against State?
5.2 Right of Action Against Private Parties?
6 Standard for Determining Constitutionality of Challenged Actions
7 Conclusion
References
Environmental Justice Before U.S. Courts
1 Introduction: Mobilizing the Environmental Justice Movement
2 Litigation: A Tool of Limited But Continuing Utility
2.1 Antidiscrimination Cases: Constitution and Civil Rights Act-Based Claims
2.2 Substantive and Procedural Environmental Law Claims
2.3 Tort Claims
3 Promise and Peril: Emerging Tools and Challenges for Environmental Justice Litigation
3.1 Federal Progress Under the Biden Administration
3.2 State Environmental Justice Statutes and State Law-Based Claims
3.3 Other Emerging Influences on Environmental Justice Litigation
4 Conclusion
References
Ripple Effect: A Look at Sackett v. EPA and the Non-Water Quality Values That the Clean Water Act Protects, in Environmental Law Before the Courts: A US-EU Narrative
1 Introduction
2 The Origins of the "Ripple Effect"
3 The "Ripple Effect" in Practice
4 An Uncertain Future for the "Ripple Effect"
5 Conclusion
References
Specialized State Environmental Courts in the U.S.: The Experience of Vermont and Hawai'i
1 Introduction
2 Vermont's Experience with an Environmental Court Since Its Founding in 1990
2.1 The U.S. State of Vermont