| Contents Notes |
Imposing federal regulation and enforcement -- The clean water act's "cooperative federalism" and the federal/state regulatory balance -- The supremacy clause and federal preemption of state water quality law -- Interstate water pollution, federal common law, and the clean water act -- Sovereign immunity and state regulation of federal facilities and tribes -- Limits on federal water quality regulation: the tenth amendment, the commerce clause, and clean water act "navigable waters" -- Limiting federal and state enforcement of the clean water act: fifth and fourteenth amendment "takings" of private property -- Imposition of citizen participation and enforcements -- The second theme in congress' restructuring of the federal water pollution control act: the addition of citizen participation and citizen suits -- Article III separation of powers, standing, and the rejection of a "public rights" model of environmental citizen suits -- Citizen suits against the federal government and tribes -- Citizen suits against states and territories and the eleventh amendment -- Article II separation of powers and the president's enforcement right. |
