Sold Waste Agency of Northern Cook County v. US Army Corps of Engineers: Isolated Waters, Migratory Birds, Statutory and Constitutional Interpretation
Document Type
Article
Publication Date
Winter 2003
Identifier/URL
https://heinonline.org/HOL/Page?handle=hein.journals/narj43&div=13
Abstract
The U.S. Supreme Court, through its statutory and constitutional interpretations, has revived federalism to curtail federal authority. In the Solid Waste case, the Court, relying primarily on the text of the Clean Water Act, determined that the federal government lacked jurisdiction over isolated waters that serve as migratory bird habitat. The Court's decision was inconsistent with text, intent, and purposes of the statute. The Court reinforced its statutory interpretation by declaring that the migratory bird rule probably exceeded federal commerce clause authority. The Court's speculation was dubious under the framework of United States v. Lopez. The Court's conclusions are not a positive sign for the future of environmental law.
Repository Citation
Fitzgerald, E. A.
(2003). Sold Waste Agency of Northern Cook County v. US Army Corps of Engineers: Isolated Waters, Migratory Birds, Statutory and Constitutional Interpretation. Natural Resources Journal, 43 (1), 11-76.
https://corescholar.libraries.wright.edu/political_science/124
