The Clean Water Act And The Constitution

In this second edition of a landmark book, author Robin Craig explores the structural implications for water quality regulation when the primary federal statute for regulating water quality--the Clean Water Act--operates in a context complicated by a variety of constitutional requirements and dictates.This new edition thoroughly updates the first edition, particularly in areas where the Supreme Court has issued significant new decisions. For example, it includes discussions of the Court's 2006 decision in Rapanos v. United States plus the important recent developments in Commerce Clause jurisprudence. Other noteworthy additions include Clean Water Act takings jurisprudence, new discussions of "increased risk" as a basis for citizen suit standing, and the issue of state citizen suit standing after Massachusetts v. EPA.