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Waiver of intergovernmental immunity in Federal environmental statutes

Journal Article · · Environ. Law Rev.; (United States)
OSTI ID:7060993
Congress assigned the Federal government the responsibility for setting substantive environmental quality standards and the states the responsibility for implementing and enforcing those standards in four statutes--the National Environmental Policy Act; the Federal Water Pollution Control Act; Clean Air Act; and the Noise Control Act. In two recent decisions (EPA v. California ex rel. State Water Resources Council Bd., 96 S. Ct. 2022, 1976 and Hancock v. Train, 96 S. Ct. 2006, 1976) the U.S. Supreme Court considered the extent to which Congress intended these environmental statutes to waive Federal immunity from state regulation. This article examines these decisions in light of the doctrine of intergovernmental immunity, the statutes and their legislative histories, and the concept of federalism embodied in the environmental legislation. The article concludes that Congress intended a broad waiver of Federal immunity, but because of two fundamental flaws in the Court's approach it has construed the waiver narrowly. (MCW)
OSTI ID:
7060993
Journal Information:
Environ. Law Rev.; (United States), Journal Name: Environ. Law Rev.; (United States) Vol. 8; ISSN EVLRA
Country of Publication:
United States
Language:
English

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Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290300* -- Energy Planning & Policy-- Environment
Health
& Safety
293000 -- Energy Planning & Policy-- Policy
Legislation
& Regulation
AIR POLLUTION
CLEAN AIR ACT
DECISION MAKING
ENVIRONMENTAL IMPACTS
ENVIRONMENTAL POLICY
FEDERAL WATER POLLUTION CONTROL ACT
GOVERNMENT POLICIES
LAND POLLUTION
LAWS
LEGISLATION
NATIONAL ENVIRONMENTAL POLICY ACT
NOISE POLLUTION
NORTH AMERICA
POLLUTION
POLLUTION LAWS
STATE GOVERNMENT
USA
WATER POLLUTION