Commerce Clause Issues in Environmental Law
Focusing on the Clean Water Act and the Endangered Species Act, this lesson gives a brief overview of the ways in which federal environmental and natural resources law can raise issues regarding the federal government's constitutional authority to regulate pursuant to the Commerce Clause of the U.S. Constitution. In particular, it looks at the possible limitations on the federal government's Commerce Clause authority as a result of the U.S. Supreme Court's 1995 decision in United States v. Lopez and as a result of federalism and land use considerations.
This lesson consists of 12 questions. Students should have some familiarity with the federal Endangered Species Act and the federal Clean Water Act before beginning this lesson.