High Court Weighs Commerce Clause's Application In Environment Suits

摘要

The Supreme Court has agreed to hear a case testing the application of the Commerce Clause to interstate disputes over water rights, though it has not yet indicated whether it will accept another pending case dealing with local governments' power under the Commerce Clause to restrict the types of trucks that can enter a port in order to protect air quality. Shortly after the justices met Jan. 4 to review pending petitions, the court announced that it would accept a petition to review Tarrant Regional Water District v. Herrmann, et al., a water rights case that could test how explicit Congress must be when it gives states authority to protect residents' water rights at the expense of other states' access to surface waters.