Beyond SWANCC: the new federalism and Clean Water Act jurisdiction.(Solid Waste Agency of Northern Cook Country v. United States Corps of Engineers)

From: Environmental Law | Date: January 1, 2003| Author: Craig, Robin Kundis | Copyright information

On January 9, 2001, the Supreme Court decided Solid Waste Agency of Northern Cook County v. U.S. Corps of Engineers (SWANCC), restricting the federal government's permitting authority over "navigable waters" and thus readjusting the federal-state balance under the Clean Water Act from its pre-SWANCC presumed Commerce Clause limits. This Article explores the federalism implications of SWANCC in terms both of how the post-SWANCC courts have assessed remaining federal jurisdiction under the Cl...

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