|
|
Article: An inapt fiction: the use of the Ex parte Young doctrine for environmental citizen suits against states after Seminole Tribe.(1996 Ninth Circuit Environmental Review)
- Article from:
- Environmental Law
- Article date:
- September 22, 1997
- Author:
CopyrightCOPYRIGHT 1997 Lewis & Clark Northwestern School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
|
I. INTRODUCTION
Seminole Tribe of Florida v. Florida,(1) the Supreme Court's latest effort to explicate the constitutional limits on federal power, resulted in an opinion diluted by ambiguity and dissent.(2) The majority held that Congress lacks power to abrogate state sovereign immunity in statutes enacted under the Indian Commerce Clause,(3) specifically, the Indian Gaming and Regulatory Act (IGRA).(4) Seminole Tribe expressly overruled Pennsylvania v. Union Gas Co.,(5) in which the Supreme Court had permitted a citizen suit against the state for cleanup contribution under the Comprehensive Environmental Response, Compensation, and Liability Act ...