Adapting Water Federalism to Climate Change Impacts: Energy Policy, Food Security, and the Allocation of Water Resources
Environment & Energy Law & Policy Journal, Vol. 5, p. 183, 2010
54 Pages Posted: 22 Feb 2010 Last revised: 8 Jun 2013
Date Written: February 17, 2011
Abstract
Climate change regulation has proven a fertile ground for debates on federalism. To date, however, these debates have concentrated on climate change mitigation and the “proper” roles of the states and the federal government in regulating to reduce greenhouse gas emissions.
This Article posits that climate change adaptation also has federalism implications for environmental regulation and natural resources management. In particular, the federal and state governments have always asserted overlapping – and sometimes conflicting – interests in water, and, as a result, water regulation and management have always been subject to an uneasy federalism balancing. For example, water allocation and water rights are generally considered issues of state law – but if the water crosses state lines, or state regulation affects navigation, the federal government asserts a superior and preemptive role. In between these endpoints, the federal Clean Water Act adopted an intricately structured cooperative federalism that imposes certain minimum federal requirements for water quality but allows states to choose water quality goals, while aquatic species protection remains a largely unstructured mishmash of overlapping state and federal interests and authorities.
In light of existing shortages of water and the imminent need to adapt to climate change impacts on water resources, reconsidering the proper federalism balance in water resources management is inevitable, as several congressional bills attest. Specifically, the traditional assumption of state superiority over matters of water allocation has come into question in light of the intimate connections between water availability and national energy policy, national food security, and interstate conflicts. This Article explores the potential for climate change and the increasing need to adapt to its impacts on water to alter traditional notions of water federalism, concluding that an increased federal role in water management is likely but could take many forms, some more attune to the multiple interests in water than others.
Keywords: climate change, adaptation, federalism, water law, energy policy, food security, water
Suggested Citation: Suggested Citation
Do you have a job opening that you would like to promote on SSRN?
Related eJournals
-
University of Utah S.J. Quinney College of Law Legal Studies Research Paper Series
University of Utah S.J. Quinney College of Law Legal Studies Research Paper Series
Subscribe to this free journal for more curated articles on this topic
FOLLOWERS4,196PAPERS927This Journal is curated by:Teneille R. Brown at University of Utah - S.J. Quinney College of Law -
Florida State University Public Law & Legal Theory Research Paper Series
Florida State University Public Law & Legal Theory Research Paper Series
Subscribe to this free journal for more curated articles on this topic
FOLLOWERS3,446PAPERS1,128This Journal is curated by:Kelli Alces Williams at Florida State University - College of Law -
New Institutional Economics eJournal
New Institutional Economics eJournal
Subscribe to this free journal for more curated articles on this topic
FOLLOWERS2,350PAPERS6,392This Journal is curated by:Mary M. Shirley at The Ronald Coase Institute, Michael E. Sykuta at University of Missouri at Columbia - Division of Applied Social SciencesUniversity of Missouri at Columbia - Contracting and Organizations Research Institute (CORI) -
U.S. Constitutional Law: Separation of Powers & Federalism eJournal
U.S. Constitutional Law: Separation of Powers & Federalism eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS2,042PAPERS6,134This Journal is curated by:Matthew D. Adler at Duke University School of Law, Brian Bix at University of Minnesota Law School -
Public Choice: Public Goods eJournal
Public Choice: Public Goods eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS1,220PAPERS3,395 -
Political Economy: Structure & Scope of Government eJournal
Political Economy: Structure & Scope of Government eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS1,199PAPERS4,571 -
Political Economy: National, State & Local Government; Intergovernmental Relations eJournal
Political Economy: National, State & Local Government; Intergovernmental Relations eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS1,195PAPERS7,386 -
Built Environment eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS1,014PAPERS13,242 -
Law & Society: Public Law - Constitutional Law eJournal
Law & Society: Public Law - Constitutional Law eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS1,011PAPERS23,792This Journal is curated by:Steve Sanders at Indiana University Maurer School of Law -
Property, Land Use & Real Estate Law eJournal
Property, Land Use & Real Estate Law eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS944PAPERS9,403This Journal is curated by:Christopher Serkin at Vanderbilt Law School -
Corporate Social Responsibility (CSR) eJournal
Corporate Social Responsibility (CSR) eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS846PAPERS12,427This Journal is curated by:Timothy M. Devinney at University of Manchester - Alliance Manchester Business School -
Law & Society: Legislation eJournal
Law & Society: Legislation eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS845PAPERS7,504This Journal is curated by:Luis E. Fuentes-Rohwer at Indiana University Maurer School of Law -
Politics & Energy eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS705PAPERS14,215 -
Food Politics & Sociology eJournal
Food Politics & Sociology eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS691PAPERS4,650 -
Environmental Economics eJournal
Environmental Economics eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS641PAPERS20,185 -
Law, International Affairs & CSR eJournal
Law, International Affairs & CSR eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS640PAPERS13,363This Journal is curated by:Timothy M. Devinney at University of Manchester - Alliance Manchester Business School -
Water Sustainability eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS634PAPERS6,164 -
Human Rights & the Corporation eJournal
Human Rights & the Corporation eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS617PAPERS11,451This Journal is curated by:Timothy M. Devinney at University of Manchester - Alliance Manchester Business School -
Agricultural & Natural Resource Economics eJournal
Agricultural & Natural Resource Economics eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS537PAPERS22,206 -
Climate Change Law & Policy eJournal
Climate Change Law & Policy eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS423PAPERS4,301This Journal is curated by:Daniel A. Farber at Affiliation not provided to SSRN, Patrick A. Parenteau at Vermont Law School -
Sustainability Law & Policy eJournal
Sustainability Law & Policy eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS416PAPERS4,356This Journal is curated by:Robin Kundis Craig at USC Gould School of Law, J. B. Ruhl at Vanderbilt University - Law School, Erin Ryan at Florida State University, College of Law -
Natural Resources Law & Policy eJournal
Natural Resources Law & Policy eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS348PAPERS4,958This Journal is curated by:Jennifer Rushlow at Vermont Law School - Environmental Law Center -
Animal Law eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS219PAPERS1,104 -
Protected Lands Law & Policy eJournal
Protected Lands Law & Policy eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS137PAPERS2,413This Journal is curated by:Nancy A. McLaughlin at University of Utah S.J. Quinney College of Law -
Food Sustainability & Security eJournal
Food Sustainability & Security eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS26PAPERS1,966