Social Science Research Network

2007 Year in Review: Constitutional Law

Publication Date Jan 11, 2008


This chapter summarizes constitutional law developments involving environmental, energy and resources law for 2007. The U.S. Constitution provides both the authority for, and the limitations to, governmental efforts respecting environment, energy and natural resources. We have entered an interesting constitutional era, one in which a rising sea level will help to buoy a rising tide of climate litigation, the leading edge of which lies constitutional jurisprudence as applied to standing, the commerce clause, the political question doctrine, preemption, federalism, due process and takings. In 2007 most of it involves either state action (e.g., to regulate greenhouse gas emissions from new motor vehicles or require climate friendly energy production), or state causes of action (e.g., public or private nuisance). Among the battleground issues are the extent to which Congress may regulate use of private property under the Endangered Species Act as a last gasp effort to save rare plants and animals from extinction, pollutant discharges into water bodies that are not traditionally navigable, or activities that cause or contribute to climate change, and whether states may restrict destructive development, emissions of greenhouse gases, or the import and export of wastes that might denude or degrade natural resources, or provide causes of action for those harmed by releases of hazardous chemicals, and otherwise turn to federal courts to enforce federal natural resource and environmental laws.


Environmental Law Endangered Species Act Political Question Doctrine Export Of Wastes Constitution Private Nuisance Commerce Clause Resource Laws Greenhouse Gas Emissions Of Greenhouse Gases

Round-ups are the summaries of handpicked papers around trending topics published every week. These would enable you to scan through a collection of papers and decide if the paper is relevant to you before actually investing time into reading it.

Climate change Research Articles published between Nov 14, 2022 to Nov 20, 2022

R DiscoveryNov 21, 2022
R DiscoveryArticles Included:  2

The world needs to move quickly towards sustainability that should characterize all production and consumption patterns. We use cookies to improve you...

Read More

Coronavirus Pandemic

You can also read COVID related content on R COVID-19

R ProductsCOVID-19


Creating the world’s largest AI-driven & human-curated collection of research, news, expert recommendations and educational resources on COVID-19

COVID-19 Dashboard

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on “as is” basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The Copyright Law.