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Savings Clauses and Trends in Natural Resources Federalism

41 Pages Posted: 22 Aug 2007 Last revised: 29 Jun 2013

Robert Fischman

Indiana University Maurer School of Law

Angela King

Indiana University School of Law-Bloomington

Abstract

This article considers recent trends in federalism, with particular attention to natural resource law's statutory savings clauses. It begins with a case study of elk management in Jackson Hole, Wyoming. The elk controversy shows how a statutory savings clause can provide a state with traction to advance its interests, and demonstrates how the political winds of change can shift the balance of state-federal relations. The article then focuses on the common statutory savings clauses and their roles in circumscribing federal agency authority and establishing a basis for cooperation between federal and state governments. We analyze the interpretive approaches the judiciary may employ to make sense of the statutory savings language, and conceptualize them along a continuum of influence in resolving cases. The article concludes with an explanation of trends that set the direction for policy innovations in natural resources federalism and general thoughts about the future of federalism in natural resources law.

Keywords: federalism, natural resources law, savings clauses, public land management, elk management

Suggested Citation

Fischman, Robert and King, Angela, Savings Clauses and Trends in Natural Resources Federalism. 32 William & Mary Environmental Law and Policy Review 129 (2007); Indiana Legal Studies Research Paper No. 86. Available at SSRN: https://ssrn.com/abstract=1007513

Robert Fischman (Contact Author)

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States

Angela King

Indiana University School of Law-Bloomington ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States

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