UAP 4344 Lecture Notes - Lecture 5: Antonin Scalia, Commerce Clause
25 Aug 2016
School
Department
Course
Professor
Document Summary
Sufficient nexus to trade lopez trial pushed commerce clause to far. Amendment 10 gives the states the ability to regulate the environment, when commerce clause was created they were not thinking about fish, birds, and environment. Land adjacent to navigable waters are covered by the cwa. Early attempt at the migratory bird rule. Sited lopez saying that you can"t use the commerce clause to this extent. Gravel and sand pits that seasonally flood, abandoned. They were trying to use birds as a connection between the water and the pits. Court ruled that it was not covered under the cwa. Acquiesce: congressional inaction does not mean that congress is okay with the position. Just because they can"t agree does not mean the ace can do whatever they want. Trying to build a shopping center on three different wetlands. These wetlands were near ditches or main made drains. They emptied into a traditional navigable waters 20 miles away.
