Waiver of intergovernmental immunity in Federal environmental statutes
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), Vol. 8; Other Information: Reprinted from Virginia Law Review; 62: 1177(1976)
- Country of Publication:
- United States
- Language:
- English
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POLICY AND ECONOMY
AIR POLLUTION
GOVERNMENT POLICIES
ENVIRONMENTAL POLICY
LAND POLLUTION
NOISE POLLUTION
WATER POLLUTION
CLEAN AIR ACT
DECISION MAKING
ENVIRONMENTAL IMPACTS
FEDERAL WATER POLLUTION CONTROL ACT
LAWS
LEGISLATION
NATIONAL ENVIRONMENTAL POLICY ACT
STATE GOVERNMENT
USA
NORTH AMERICA
POLLUTION
POLLUTION LAWS
290300* - Energy Planning & Policy- Environment
Health
& Safety
293000 - Energy Planning & Policy- Policy
Legislation
& Regulation