[Kevin]

The trouble is that the environment isn't something which is contained within a state border. What one state does affects its neighbors (and much, much more).

I think the interstate commerce clause aspect is definitely arguable and the states have shown that they are incapable or unwilling to properly regulate the environment. Look at the country before and after the CWA, CAA, (pick your acronym).

It always concerns me when I start to look at things I think probably violate the Constitution and I think "hey... that's a good thing." But these environmental protection regimes, IMHO, are good things.

Judges have to choose what they want to do -- interpret the law or write it. Over the last 50 years or so, for the most part, our top judges have been doing too much of the later and too little of the former.