The Functions of Overlapping Pollution Control Federalism
Chapter 4 IN: Reorganizing Government; A Functional and Dimensional Framework by Alejandro Camacho and Robert Glicksman, New York University Press, 2019
UC Irvine School of Law Research Paper No. 2020-14
Posted: 8 Apr 2020 Last revised: 17 Apr 2020
Date Written: April 7, 2020
Abstract
Using the federal pollution control laws as examples, this chapter explores the significance of governmental function in understanding and prescribing overlapping authority. First, it shows how characterizations of pollution control federalism have neglected functional jurisdiction, either overlooking the extent of overlap entirely or more recently the extent to which respective agencies’ substantive and functional jurisdictions overlap. Second, it argues that assessments of pollution control federalism have routinely ignored the value of distinguishing among different regulatory functions in assessing the extent to which jurisdiction should overlap or be distinct. Finally, the chapter asserts that policymakers should systematically and explicitly distinguish among functions in deciding the extent to which authority should overlap. Focusing on functional jurisdiction thus provides opportunities to tailor the extent of overlap for each function to correspond to the concerns and opportunities that relate to the performance of that function.
Keywords: federalism, functional jurisdiction, governmental function, overlapping authority, pollution control laws
Suggested Citation: Suggested Citation
Robert L. Glicksman
George Washington University - Law School ( email )
2000 H Street, N.W.
Washington, DC 20052
United States
202-994-4641 (Phone)
HOME PAGE: http://www.law.gwu.edu/Faculty/profile.aspx?id=16085