The Spending Clause as a Positive Source of Environmental Protection: A Primer
16 Pages Posted: 27 Nov 2019
Date Written: April 1, 2001
Abstract
The Commerce Clause is the basic source of authority for environmental regulation. An alternative, independent source of Constitutional powers is the Spending Clause pursuant to which Congress can attach conditions to the receipt of federal funds, as with the protection of wetlands.
Keywords: Environmental Protection, Spending Clause, Constitutional Sources of Environmental Protection
Suggested Citation: Suggested Citation
Binder, Denis, The Spending Clause as a Positive Source of Environmental Protection: A Primer (April 1, 2001). Chapman Law Review, Vol. 4, 2001, Available at SSRN: https://ssrn.com/abstract=3481355
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