Local governments have recently expanded their efforts to abate pollution problems. The constitutionality of such local ordinances under both federal and state law, however, has not yet been adequately determined. In order to clarify the constitutional limits of local environmental laws, it is necessary to examine the relevant questions raised by both the United States Constitution and the various state constitutions. Part I of this comment will deal with the federal-local conflicts and Part II will discuss the state-local conflicts. In each of the two sections, relevant legislation in the environmental field will be discussed. Finally, a model statute will be offered as an example of the wide range of powers a locality can constitutionally exercise.
Comment: The Constitutionality of Local Anti-Pollution Ordinances,
1 Fordham Urb. L.J. 208
Available at: http://ir.lawnet.fordham.edu/ulj/vol1/iss2/3