ELI’s Endangered Environmental Laws Program informs public debate about the constitutional foundations of environmental law through insightful legal research. Below is a collection of articles, books, briefs, reports, and analyses by ELI that are intended to spark, inform, and help to sustain a much-needed public debate on the constitutional legitimacy of environmental protections.”
“Goliath Gulps in GMO Litigation,” American Constitution Society Guest Post (May 2010)
“Florida Giveth but Does It Taketh Away?,” American Constitution Society Guest Post (November 2009)
"Wetlands, Streams, and... Civil Commitment of 'Sexually Dangerous Persons'?!" National Wetlands Newsletter (Nov./Dec. 2009)
“Judges Shouldn’t Have to Pretend Their Process is Mechanical,” The Los Angeles Daily Journal (August 2009) (PDF of the op-ed; second headline from the top)
“ELI Staffer Letter to Washington Post Regarding Judge Sotomayor Nomination,” The Washington Post (May 2009)
“How green is your presidential candidate?” The Christian Science Monitor (April 2008) (PDF of the op-ed)
“Standing Up for State Standing, but Waiting for the Other Shoe,” The Environmental Forum (May/June 2007)
“Opening Argument: A Close Call for the Clean Water Act,” The Environmental Forum (Sept./Oct. 2006)
“Dismissing States’ Briefs in a Footnote,” The Environmental Forum (Sept./Oct. 2006)
“Opening Argument: Deference to Congress, Agencies Real Issues In Water Act Cases,” The Environmental Forum (Mar./Apr. 2006)
“Opening Argument: A Chief Justice Already Testing Environmental Law’s Pillar,” The Environmental Forum (Sept./Oct. 2005)
“The Rise (And Fall?) Of Fundamentalist Federalism,” The Environmental Forum (Sept./Oct. 2004)
“Endangered Laws: Panels Clash on Constitutional Issues, Implementation,” The Environmental Forum (May/June 2004)
“No Need for EPA to Act After Court’s Ruling,” The Environmental Forum (May/June 2003)
“ELI’s Endangered Environmental Laws Program Looks at the Courts,” The Environmental Forum (May/June 2003)
“What Are ‘Waters of the United States’?” The Environmental Forum(May/June 2003)
“Who’s In Charge?” The Environmental Forum (July/Aug. 2002)
“Now On Endangered List: Environmental Law Itself,” The Environmental Forum (Mar./Apr. 2002)
Redefining Federalism: Listening to the States in Shaping “Our Federalism,” Edited by Doug Kendall (2004). CLICK HERE to purchase.
The Commerce Clause: Foundation for U.S. Environmental Law in Principles of Constitutional Environmental Law, Principles of Constitutional Environmental Law (Chapter). Jay E. Austin and D. Bruce Myers Jr. (ABA and ELI, August 2011).
Rapanos v. United States and Carabell v. U.S. Army Corps of Engineers, Brief of ELI as Amicus Curiae Supporting Respondents (Feb. 2006)
Anchoring the Clean Water Act: Congress’s Constitutional Sources of Power
To Protect the Nation’s Waters, Jay E. Austin and D. Bruce Myers Jr. (ELI, Sept. 2007) (republished as Issue Brief of the American Constitution Society, Sept. 2007)
Legal Briefing on Supreme Court Decision in Rapanos v. United States, presented by ELI President Leslie Carothers to House Legislative Staff (June 2006)
Considering NEPA: Comments to the National Environmental Policy Act Task Force, ELI (Feb. 2006)
A Brief Guide to the “Written Determination” and Private Property “Aid” Provisions of H.R. 3824 (The Threatened and Endangered Species Reform Act) Jim McElfish (Sept. 2005)
Judging NEPA: A “Hard Look” at Judicial Decision Making Under the National Environmental Policy Act, ELI (Oct. 2004)
Memorandum Regarding Jurisdiction of D.C. Circuit Court of Appeals over Environmental Laws, ELI (2003)
Endangered Environmental Laws Background Paper, ELI (2003)
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