The New Anti-Federalism: Late Term Obama Environmental Regulations and the Rise of Trump

21 Pages Posted: 25 Oct 2017

Date Written: October 24, 2017

Abstract

Donald Trump ran his successful presidential campaign on an anti-federalist agenda, arguing to the public that the federal government was too large and that regulation was the key problem choking the economy. This article tracks the legal reaction of states across the country to Obama second term regulations governing shale oil and gas extraction (what the public calls “fracking”), the rule revising the definition of “Waters of the United States” (WOTUS) and the “Clean Power Plan.” The article demonstrates that with each new regulation, opposition to the Obama environmental plan grew. The map of state reaction to the Clean Power Plan (the final rule in the suite of rules examined) shows a map that resembles, if not mirrors, the November 2016 electoral map.

Keywords: Waters of the United States, WOTUS, Clean Power Plan, EPA, BLM, Fracking, Shale Gas Extraction, Election, Trump, Obama

JEL Classification: K2, K20, K32, I28, J18, Q5, Q28, Q40, Q58

Suggested Citation

Geltman, Elizabeth, The New Anti-Federalism: Late Term Obama Environmental Regulations and the Rise of Trump (October 24, 2017). North Dakota Law Review, Forthcoming . Available at SSRN: https://ssrn.com/abstract=3058286

Elizabeth Geltman (Contact Author)

CUNY School of Public Health ( email )

55 W 125th St
New York, NY 10027
United States

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