Environmental Law - NEPA - The Eighth Circuit Moves a Step Closer to Recognition of a Substantive Right to a Clean Environment - Environmental Defense Fund, Inc. v. Corps of Engineers, 470 F.2d 289 (8th Cir. 1972)
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Authors
Ruse, Steven D.
Issue Date
1974
Type
Journal Article
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Abstract
INTRODUCTION|Whether and to what extent there exists a substantive right to a clean and healthful environment has been the source of considerable debate in recent years. A few states now unequivocally recognize such a right, and a few others accomplish virtually the same result by statutorily providing their citizens with the right to bring suit for the protection of the environment. Although the significance of these enactments on the state level cannot be ignored, their impact is greatly diluted by the fact that they generally apply only against citizens and instrumentalities of the particular state involved and they operate to benefit individuals only as citizens of that state. Basic principles of federalism dictate that an individual asserting such a state-created right in an action against an agency of the federal government will meet with little success.- Moreover, federal legislation dealing with the environment will often preempt similar state legislation in cases of conflict, thereby negating in many cases the substantive rights afforded by the state. So the search for a viable basis upon which to assert a universally recognized right to a decent environment continues...
Description
Citation
7 Creighton L. Rev. 105 (1973-1974)
Publisher
Creighton University School of Law