Memo to Environmentalists: Brace for the Three Ps
5 Pages Posted: 29 Jan 2019
Date Written: January 10, 2018
This very short essay, written as a memo to environmental advocates during a destabilizing moment in environmental law, advises them to (1) resist federal preemption of state regulation, (2) scrutinize the strategic deployment of property rights to block future regulation, and (3) think creatively about how to accomplish the goals of national-level policy without the benefit of federal authority.
In short, it advises that advocates ensure that the campaign to dismantle federal environmental law does not spill over into displacing state and local efforts to fill the void. They also must push back against the strategic deployment of property rights to block future efforts to reinvigorate federal environmental law. Finally, advocates will need to think creatively about how to accomplish the goals of national-level environmental policy without the benefit of federal authority, drawing on some available tools for inspiration.
Note: The piece was first published on the Environmental Law Profs Blog on November 15, 2018, and later as part of Environmental Law, Disrupted, an article published by the Environmental Collaborative in the Environmental Law Reporter in January, 2019.
Keywords: environmental law, deregulation, preemption, state law, cooperative federalism, property rights, takings clause, public commons, political scale, uniform state laws
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