The Constitution and Environmental Law: Balancing Conservation and Development
The Constitution and Environmental Law: Balancing Conservation and Development The relationship between the United States Constitution and environmental law is a complex and evolving one. As the nation grapples with the need to conserve natural resources and protect the environment while promoting economic development, constitutional principles play a vital role in shaping environmental policies. This article explores how the Constitution intersects with environmental law, striking a balance between conservation and development. Constitutional Foundations The Constitution does not explicitly mention environmental protection, but it provides a framework within which environmental law is developed. The Preamble’s reference to promoting the general welfare and securing the blessings of liberty to ourselves and our posterity sets a foundation for environmental stewardship. The Commerce Clause The Commerce Clause, found in Article I, Section 8, grants Congress the authority to regulate...