June 01, 2012

VantagePoint

Jonathan Scoll

As this issue of NR&E goes to press, the running debate over the role of Washington in our lives is reaching election-year intensity. The Supreme Court’s recent decision on the Affordable Care Act has called into question the Commerce Clause foundation on which much federal environmental law is also based. Energy-market forces and extractive technologies, such as hydraulic fracturing, as well as climate-change impacts, are roiling an already-polarized electorate. A snapshot of the current state of the federalism dialogue in environmental and natural resource law is timely.

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