Constitutional Limits on Environmental Law -- Call for Papers

Published: Wednesday, June 11, 2025 at 4:01 pm

Symposium to Examine Constitutional Boundaries of Environmental Regulations

A call for papers has been issued by the Pacific Legal Foundation and the Catholic University Law Review for a symposium focused on the constitutional limits of environmental and natural resources law. The symposium aims to explore the extent of Congress's regulatory authority in this area, particularly in light of the evolving role of the federal government.

The organizers highlight the tension between the original intent of the Constitution, which grants the federal government limited, enumerated powers, and the expansive reach of the modern administrative state. They point out that the federal government's regulatory apparatus, particularly in environmental and natural resources policy, has become increasingly pervasive.

The call for papers specifically mentions concerns about the scope of federal regulations, citing examples like the Clean Water Act and the Endangered Species Act. These statutes, the organizers suggest, often extend to intrastate and non-commercial activities, potentially exceeding the boundaries of interstate commerce. Furthermore, the federal government's significant control over land, including a substantial portion of western states and Alaska, is also cited as a factor contributing to the growing tension.

The symposium, scheduled for Spring 2026, will provide a platform for legal scholars and experts to examine these issues. The papers presented will be published in the Catholic University Law Review. The organizers are seeking submissions that delve into the constitutional limits of Congress's regulatory authority over environmental and natural resources policy.

BNN's Perspective:

This symposium raises important questions about the balance of power between the federal government and the states, particularly in the context of environmental regulations. While environmental protection is a crucial concern, it is equally important to ensure that federal overreach does not infringe upon the rights and responsibilities of states and individuals. A thoughtful examination of these constitutional boundaries is essential for maintaining a fair and effective regulatory framework.

Keywords: environmental law, constitutional limits, federal government, regulatory authority, Clean Water Act, Endangered Species Act, interstate commerce, symposium, Catholic University Law Review, Pacific Legal Foundation, natural resources, Congress, administrative state, enumerated powers, states' rights

Full Story