In Solid Waste of Northern Cook County v. United States Army Corps of Engineers, the Supreme Court found that the Migratory Bird Rule, promulgated by the Army Corps of Engineers, exceeded the authority delegated to the Corps by Congress under the Clean Water Act. In deciding this case on the basis of the plain language of the statute, the Court did not reach the issue of the constitutional limits of federal land use regulation under the authority of the Commerce Clause. This case note reviews that finding and the Court's historical rulings on Congress' exercise of its commerce power. In addition, this case note explores whether the activity in these isolated intrastate wetlands meets the criteria of the "substantial effects" doctrine as currently interpreted by the Court. Ultimately, this case note concludes that prospects for maintaining environmental integrity need not be limited by this decision.
Recommended CitationPaul Edward Svensson, The Supreme Court's New Federalism: The Authority of the U.S. Army Corps of Engineers Does Not Extend over Isolated Intrastate Wetlands under the Migratory Bird Rule, 19 Pace Envtl. L. Rev. 165 (2001)
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