Legal Guidelines for Cooperation between the European Union and American State Governments

Abstract

Although we are used to thinking of international cooperation as nation-to-nation, cooperation between the European Union and individual American states is becoming increasingly important in areas such as consumer safety and environmental regulation. This paper surveys the potential legal pitfalls - primarily the dormant commerce clause and preemption on the U.S. side, and the limitations of EU enforcement on the European side. It suggests some approaches to designing cooperative agreement to minimize legal risks.

Keywords: European Union, federalism, environmental regulation