Treatment of Tribes Like States for Environmental Laws
Author:
Dean B. Suagee
Date Published:
Description:
Federal environmental law is carried out within a framework of federalism, which is grounded in the Constitution. The federal government has certain powers that are set out in the Constitution, and the Tenth Amendment provides: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” As such, the states can be said to have inherent sovereignty, while the federal government’s powers must be based on specific constitutional provisions. Within the enumerated federal powers, the Supremacy Clause provides that the states are subject to federal law, including treaties.1
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