Nov 25 2011

ABA and ELI Publish May’s “Principles of Constitutional Environmental Law”

Published by at 6:35 am under Environmental Policy

The ABA Section of Environment, Energy, and Resources and the Environmental Law Institute have recently co-published Jim May’s new book, Principles of Constitutional Environmental Law. This first of its kind book explains how the nexus between environmental and constitutional law has evolved from nearly nothing to nearly everything, and what this means for professors, policymakers, and practitioners. These days, it is hard to imagine an environmental issue that does not embed important constitutional components, including climate change, species protection, pollution control, conservation, energy policy, and beyond.

Principles of Constitutional Environmental has an outstanding array of chapter authors. A description appears below, and the table of contents and other materials are linked at

The list price is $89.95, but half-price where the book is assigned reading for courses. Instructors considering adoption of the book may request review copies from
New! Principles of Constitutional Environmental Law

ABA, Co-published with the Environmental Law Institute

Contents and Chapter Authors

Foreword: The Missing Constitution – Oliver A. Houck
Chapter 1. Introduction: The Intersection of Constitutional and Environmental Law – James R. May

Part One: Federal and State Authority
Chapter 2. The Commerce Clause: Foundation for U.S. Environmental Law – Bruce Myers and Jay Austin
Chapter 3. The Nondelegation Doctrine – Patricia Ross McCubbin and George B. Wyeth
Chapter 4. Executive Power, the Constitution, and the Environment: The Take Care Clause and the Unitary Executive – Robert L. Glicksman
Chapter 5. Environmental Federalism – Jim Wedeking
Chapter 6. The Dormant Commerce Clause and the Environment – Sam Kalen
Chapter 7. Federal Preemption of State and Local Environmental Laws – Norman A. Dupont

Part Two: Judicial Review
Chapter 8. Standing and Environmental Law – Robin Kundis Craig
Chapter 9. The Political Question Doctrine – James R. May

Part Three: Individual Rights
Chapter 10. The Takings Clause and Environmental Law – Karl S. Coplan
Chapter 11: Due Process Challenges – Robin Kundis Craig

Part Four: Emerging Constitutional Issues in Environmental Law
Chapter 12. Environmental Rights in State Constitutions – James R. May and William Romanowicz
Chapter 13. Constitutional Environmental Rights Worldwide – James R. May and Erin Daly
Chapter 14. Using Environmental Property Rights to Shape Constitutional Law – Daniel A. Farber
Chapter 15. Constitutional Influences on Climate Litigation – Lee A. DeHihns, III
Table of Cases

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