Uncooperative Environmental Federalism 2.0

26 Pages Posted: 20 Mar 2020 Last revised: 10 Jun 2020

See all articles by Jonathan H. Adler

Jonathan H. Adler

Case Western Reserve University School of Law; PERC - Property and Environment Research Center

Date Written: June 2020

Abstract

Has the Trump Administration made good on its pledges to reinvigorate cooperative federalism and constrain environmental regulatory overreach by the federal government? Perhaps less than one would think. This paper, prepared for the Hastings Law Journal symposium, “Revolution of Evolution? Administrative Law in the Age of Trump,” provides a critical assessment of the Trump Administration’s approach to environmental federalism. Despite the Administration’s embrace of “cooperative federalism” rhetoric, environmental policy reforms have not consistently embodied a principled approach to environmental federalism in which the state and federal governments are each encouraged to focus resources on areas of comparative advantage.

Keywords: Environmental protection, clean air act, clean water act, federalism, cooperative federalism, Environment

JEL Classification: K32

Suggested Citation

Adler, Jonathan H., Uncooperative Environmental Federalism 2.0 (June 2020). 71 Hastings Law Journal 101 (2020), Case Legal Studies Research Paper No. 2020-5, Available at SSRN: https://ssrn.com/abstract=3555967

Jonathan H. Adler (Contact Author)

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