environment, pre-emption, commerce clause


This Comment addresses how the concern of state and local governments to regain control over environmental regulation has resulted in a marked increase in conflicts with the commerce and supremacy clauses of the Constitution. Various tests have been used by the courts to determine violations of these Constitutional provisions where environmental objectives are sought through local laws. In the field of environmental litigation, traditional tests are constantly challenged to meet the changing moral climate of the nation. This Comment weighs the desire of local legislatures for more responsive environmental regulation against the federal goal of uniform regulation and unrestrained interstate commerce, concluding that the court must decide on a policy of pre-emption in order for the nation to know whether environmental reform will be spearheaded from the states or the federal government.



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