Tides of Federalism — The Potential Implications of Bragg v. West Virginia Coal Association for the Balance between the Federal Government and the States under Selected Regulatory Environmental Laws

摘要

This paper discusses a recent decision by the U.S. Court of Appeals for the Fourth Circuit (Bragg v. Robertson) that raises potential implications for the balance between the federal government and the states under environmental laws. Although the case involves the Surface Mining Control and Reclamation Act it can also affect other laws, especially the Safe Drinking Water Act and Clean Water Act. The paper summarizes the decision in plain language. It further discusses important questions raised by the decision, including the following. What is the precedential value of the judgment? Does the decision reflect a general trend in the courts? What are the implications for other federally approved state environmental programs? Does the ruling bolster the authority of the states to make environmental decisions?