The Alfonse and Gaston of Governmental Response to National Public Health Emergencies: Lessons Learned from Hurricane Katrina for the Federal Government and the States

17 Pages Posted: 12 Dec 2006

See all articles by Michael Greenberger

Michael Greenberger

University of Maryland Francis King Carey School of Law

Abstract

Hurricane Katrina renewed an old debate concerning which level of government should lead the response effort to catastrophic disasters. Traditionally, emergency response is handled at the most local level possible. Hurricane Katrina, however, and other catastrophes that may be labeled Incidents of National Significance, are examples of emergencies of such magnitude that federal assets must be brought to bear to respond adequately to the situation. As such Incidents will almost always affect interstate commerce, Congress' commerce powers justify federal intervention in, and if necessary, supervision of the response. In such situations, the National Response Plan provides for extensive coordination between the federal government and states and localities, thus respecting the tradition of states and localities as first responders to incidents, while ensuring that federal resources may be utilized.

Keywords: National Response Plan, Hurricane Katrina, Commerce Clause, Department of Homeland Security, Model State Emergency Health Powers Act, preemption, interstate commerce, Incident of National Significance

Suggested Citation

Greenberger, Michael, The Alfonse and Gaston of Governmental Response to National Public Health Emergencies: Lessons Learned from Hurricane Katrina for the Federal Government and the States. Administrative Law Review, Vol. 58, No. 3, pp. 611-626, Summer 2006, U of Maryland Legal Studies Research Paper No. 2006-48, Available at SSRN: https://ssrn.com/abstract=951196

Michael Greenberger (Contact Author)

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

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