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Unpublished Paper
Waivers of Immunity in Federal Environmental Statutes of the Twenty-first Century: correcting a Confusing Mess
ExpressO (2007)
  • Kenneth M Murchison
Abstract

This article traces the confusion that characterizes the waivers of immunity in federal environmental statutes. It summarizes the complicated story of increasingly broad statutory provisions combined with Supreme Court adherence to the rule of construction and explains how this historical development has produced different waivers that serve no coherent purpose. After describing the confusing array of current statutes, it offers concrete suggestions for legislative and judicial solution to the mess that constitutes the current law.

Keywords
  • Sovereign Immunity,
  • Federalism,
  • Waivers,
  • Environmental Statutes
Disciplines
Publication Date
September 28, 2007
Citation Information
Kenneth M Murchison. "Waivers of Immunity in Federal Environmental Statutes of the Twenty-first Century: correcting a Confusing Mess" ExpressO (2007)
Available at: http://works.bepress.com/kenneth_murchison/1/