Federalism and the Tug of War Within


Book Description

As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-making.




The Law and Policy of Environmental Federalism


Book Description

How should we strike a balance between the benefits of centralized and local governance, and how important is context to selecting the right policy tools? This uniquely broad overview of the field illuminates our understanding of environmental federalism and informs our policy-making future. Professor Kalyani Robbins has brought together an impressive team of leading environmental federalism scholars to provide a collection of chapters, each focused on a different regime. This review of many varied approaches, including substantial theoretical material, culminates in a comparative analysis of environmental federalism and consideration of what each system might learn from the others. The Law and Policy of Environmental Federalism includes clear descriptive portions that make it a valuable teaching resource, as well as original theory and a depth of policy analysis that will benefit scholars of federalism or environmental and natural resources law. The value of its analysis for real-world decision-making will make it a compelling read for practitioners in environmental law or fields concerned with federalism issues, including those in government or NGOs, as well as lobbyists.




The Oxford Handbook of U.S. Environmental Policy


Book Description

Prior to the Nixon administration, environmental policy in the United States was rudimentary at best. Since then, it has evolved into one of the primary concerns of governmental policy from the federal to the local level. As scientific expertise on the environment rapidly developed, Americans became more aware of the growing environmental crisis that surrounded them. Practical solutions for mitigating various aspects of the crisis - air pollution, water pollution, chemical waste dumping, strip mining, and later global warming - became politically popular, and the government responded by gradually erecting a vast regulatory apparatus to address the issue. Today, politicians regard environmental policy as one of the most pressing issues they face. The Obama administration has identified the renewable energy sector as a key driver of economic growth, and Congress is in the process of passing a bill to reduce global warming that will be one of the most important environmental policy acts in decades. The Oxford Handbook of U.S. Environmental Policy will be a state-of-the-art work on all aspects of environmental policy in America. Over the past half century, America has been the world's leading emitter of global warming gases. However, environmental policy is not simply a national issue. It is a global issue, and the explosive growth of Asian countries like China and India mean that policy will have to be coordinated at the international level. The book will therefore focus not only on the U.S., but on the increasing importance of global policies and issues on American regulatory efforts. This is a topic that will only grow in importance in the coming years, and this will serve as an authoritative guide to any scholar interested in the issue.




Greenhouse Governance


Book Description

Public deliberation over climate change has traditionally been dominated by the natural and physical sciences. Is the planet warming? To what degree, and is mankind responsible? How big a problem is this, really? But concurrent with these debates is the question of what should be done. Indeed, what can be done? Issues of governance, including the political feasibility of certain policies and their capacity for implementation, have received short shrift in the conversation. But they absolutely must be addressed as we respond to this unprecedented challenge. Greenhouse Governance brings a much-needed public policy mindset to discussion of climate change in America. Greenhouse Governance features a number of America's preeminent public policy scholars, examining some aspect of governance and climate change. They analyze the state and influence of American public opinion on climate change as well as federalism and intergovernmental relations, which prove especially important since state and local governments have taken a more active role than originally expected. Specific policy issues examined include renewable electricity standards, mandating greater vehicle fuel economy, the "adaptation vs. mitigation" debate, emissions trading, and carbon taxes. The contributors do consider the scientific and economic questions of climate policy but place special emphasis on political and managerial issues. They analyze the role of key American government institutions including the courts, Congress, and regulatory agencies. The final two chapters put the discussion into an international context, looking at climate governance challenges in North America, relations with the European Union, and possible models for international governance. Contributors include Christopher Borick, Muhlenberg College; Martha Derthick, University of Virginia; Kirsten Engel, University of Arizona; Marc Landy, Boston College; Pietro Nivola, Brookings Institution; P




Redefining Federalism


Book Description

If federalism is about protecting the states, why not listen to them? In the last decade, the Supreme Court has reworked significant areas of constitutional law with the professed purpose of protecting the dignity and authority of the states, while frequently disregarding the states'' views as to what federalism is all about. The Court, according to the states, is protecting federalism too much and too little. Too much, in striking down federal law where even the states recognize that a federal role is necessary to address a national problem. Too little, in inappropriately limiting state experimentation. By listening more carefully to the States, the Supreme Court could transform its federalism jurisprudence from a source of criticism and polarization to a doctrine that should win broad support from across the political spectrum. In this important book, six distinguished authors redefine federalism and reaffirm Justice Louis Brandeis's vision of states and localities as the laboratories of democracy.




Environmental Justice and Federalism


Book Description

Within the United States, minority and low-income communities currently bear a disproportionate amount of risk associated with pollution and other harmful environmental practices. The environmental justice movement is working to change this fact, promoting the fair and non-discriminatory treatment of all people with respect to environmental issues, policies, and regulations. This fascinating and timely volume explores the relationship between environmental justice and the government, offering a comprehensive introduction to the legal, economic, and philosophical concerns involved in pursuing environmental justice goals within a federalist system. The authors discuss two case studies in their investigation of the complex interactions between environmental justice and government. These analyses offer a comprehensive view of both the siting and regulation of polluting activities, as well as a discussion of the effects on major natural resources such as clean air and drinking water. In each case, the authors both describe current government responses to the problem and offer specific recommendations regarding what actions should be taken in the future. This authoritative book will make an invaluable addition to courses in environmental law and policy. Professionals and policymakers working in disciplines such as law, economics, environmental science, philosophy and political science will also find this a comprehensive and critical reference.




Trump, the Administrative Presidency, and Federalism


Book Description

How Trump has used the federal government to promote conservative policies The presidency of Donald Trump has been unique in many respects—most obviously his flamboyant personal style and disregard for conventional niceties and factual information. But one area hasn't received as much attention as it deserves: Trump's use of the “administrative presidency,” including executive orders and regulatory changes, to reverse the policies of his predecessor and advance positions that lack widespread support in Congress. This book analyzes the dynamics and unique qualities of Trump's administrative presidency in the important policy areas of health care, education, and climate change. In each of these spheres, the arrival of the Trump administration represented a hostile takeover in which White House policy goals departed sharply from the more “liberal” ideologies and objectives of key agencies, which had been embraced by the Obama administration. Three expert authors show how Trump has continued, and even expanded, the rise of executive branch power since the Reagan years. The authors intertwine this focus with an in-depth examination of how the Trump administration's hostile takeover has drastically changed key federal policies—and reshaped who gets what from government—in the areas of health care, education, and climate change. Readers interested in the institutions of American democracy and the nation's progress (or lack thereof) in dealing with pressing policy problems will find deep insights in this book. Of particular interest is the book's examination of how the Trump administration's actions have long-term implications for American democracy.




Research to Protect, Restore, and Manage the Environment


Book Description

This book assesses the strengths and weaknesses of current environmental research programs, describes the desirable characteristics of an effective program, and recommends cultural and organizational changes to improve the performance of environmental research. Research areas in need of greater emphasis are identified, and overall directions for environmental research are recommended. The book also comments on the proposal to establish a National Institute for the Environment and on the elevation of the Environmental Protection Agency to cabinet status.




The Oxford Handbook of Business and the Natural Environment


Book Description

This Handbook discusses the main issues, research, and theory on business and the natural environment, and how they impact on different business functions and disciplines




Fifty Years at the US Environmental Protection Agency


Book Description

In conjunction with the 50th anniversary of the creation of the Environmental Protection Agency, this book brings together leading scholars and EPA veterans to provide a comprehensive assessment of the agency’s key decisions and actions in the various areas of its responsibility. Themes across all chapters include the role of rulemaking, negotiation/compromise, partisan polarization, judicial impacts, relations with the White House and Congress, public opinion, interest group pressures, environmental enforcement, environmental justice, risk assessment, and interagency conflict. As no other book on the market currently discusses EPA with this focus or scope, the authors have set out to provide a comprehensive analysis of the agency’s rich 50-year history for academics, students, professional, and the environmental community.