This Comment reviews the Printz decision in the context of the Supreme Court's recent federalism jurisprudence and assesses its implications for environmental law. Part I provides a brief historical overview of the federal-state relationship in the environmental context and recent Supreme Court decisions on federalism. Part II discusses and evaluates the Printz decision. Part III applies the Supreme Court holdings in Printz and related federalism cases to current environmental policies and identifies federal environmental programs that are constitutionally suspect. Finally, Part IV addresses the public policy concern that limiting the federal government's power in the environmental context will inevitably weaken environmental protection.
Constitutional Law, Federalism, Printz v. United States, 521 U.S. 898 (1997)
Place of Original Publication
George Mason Law Review
6 George Mason Law Review 573 (1998)
Adler, Jonathan H., "Comment, The Green Aspects of Printz: The Revival of Federalism and Its Implications for Environmental Law" (1998). Faculty Publications. 369.