Since the 1970s the federal government has been involved in the regulation of wetlands under Section 404 of the Clean Water Act. Like most federal environmental programs, authority for this regulation is premised upon an expansive reading of the Commerce Clause. In 1995, however, the Supreme...

The Obama Administration has been moving aggressively to control greenhouse gas emissions under the Clean Air Act and other pre-existing statutory authority. Much of this new regulation was facilitated – if not mandated – by the Supreme Court’s decision in Massachusetts v. EPA. These...