Craig's Clean Water Act and the Constitution
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In this second edition of a landmark book, author Robin Craig explores the structural implications for water quality regulation when the primary federal statute for regulating water quality—the Clean Water Act—operates in a context complicated by a variety of constitutional requirements and dictates. After examining the Supremacy Clause, constitutional interstate common law, federal sovereign immunity, the Commerce Clause, the Fifth Amendment’s “taking” clause, the Eleventh Amendment, and the separation of powers principles, Craig concludes that constitutional law has had a more significant effect on the Act’s intent to involve citizens in public interest enforcement than on the Act’s basic structure of “cooperative federalism.”
of citizen participation in environmental law.
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|Edition||2nd ed., 2009|