The Functions of Overlapping Pollution Control Federalism

Chapter 4 IN: Reorganizing Government; A Functional and Dimensional Framework by Alejandro Camacho and Robert Glicksman, New York University Press, 2019

UC Irvine School of Law Research Paper No. 2020-14

GWU Legal Studies Research Paper No. 2020-20

GWU Law School Public Law Research Paper No. 2020-20

Posted: 8 Apr 2020 Last revised: 17 Apr 2020

See all articles by Alejandro E. Camacho

Alejandro E. Camacho

University of California, Irvine, School of Law, Center for Land, Environment, and Natural Resources (CLEANR); Center for Progressive Reform

Robert L. Glicksman

George Washington University - Law School

Date Written: April 7, 2020

Abstract

Using the federal pollution control laws as examples, this chapter explores the significance of governmental function in understanding and prescribing overlapping authority. First, it shows how characterizations of pollution control federalism have neglected functional jurisdiction, either overlooking the extent of overlap entirely or more recently the extent to which respective agencies’ substantive and functional jurisdictions overlap. Second, it argues that assessments of pollution control federalism have routinely ignored the value of distinguishing among different regulatory functions in assessing the extent to which jurisdiction should overlap or be distinct. Finally, the chapter asserts that policymakers should systematically and explicitly distinguish among functions in deciding the extent to which authority should overlap. Focusing on functional jurisdiction thus provides opportunities to tailor the extent of overlap for each function to correspond to the concerns and opportunities that relate to the performance of that function.

Keywords: federalism, functional jurisdiction, governmental function, overlapping authority, pollution control laws

Suggested Citation

Camacho, Alejandro E. and Glicksman, Robert L., The Functions of Overlapping Pollution Control Federalism (April 7, 2020). Chapter 4 IN: Reorganizing Government; A Functional and Dimensional Framework by Alejandro Camacho and Robert Glicksman, New York University Press, 2019 , UC Irvine School of Law Research Paper No. 2020-14, GWU Legal Studies Research Paper No. 2020-20, GWU Law School Public Law Research Paper No. 2020-20, Available at SSRN: https://ssrn.com/abstract=3570750

Alejandro E. Camacho (Contact Author)

University of California, Irvine, School of Law, Center for Land, Environment, and Natural Resources (CLEANR)

401 E. Peltason Drive, Suite 1000
Irvine, CA 92697-8000
United States

Center for Progressive Reform ( email )

500 West Baltimore Street
Baltimore, MD 21201
United States

Robert L. Glicksman

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
202-994-4641 (Phone)

HOME PAGE: http://www.law.gwu.edu/Faculty/profile.aspx?id=16085

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