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Using Federalism to Improve Environmental Policy

Using Federalism to Improve Environmental Policy
Author: Henry N. Butler
Publisher: American Enterprise Institute
Total Pages: 84
Release: 1996
Genre: Business & Economics
ISBN: 9780844739632

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The centralisation of environmental regulation has led to inflexibility on America's federal government as it attempts to respond to various problems. This analysis of current policies proposes a restructuring of the environmental regulatory authority to lead to better environmental enforcement.


The Law and Policy of Environmental Federalism

The Law and Policy of Environmental Federalism
Author: Kalyani Robbins
Publisher: Edward Elgar Publishing
Total Pages: 453
Release: 2015-12-18
Genre: Law
ISBN: 1783473622

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How should we strike a balance between the benefits of centralized and local governance, and how important is context to selecting the right policy tools? This uniquely broad overview of the field illuminates our understanding of environmental federalism and informs our policy-making future. Professor Kalyani Robbins has brought together an impressive team of leading environmental federalism scholars to provide a collection of chapters, each focused on a different regime. This review of many varied approaches, including substantial theoretical material, culminates in a comparative analysis of environmental federalism and consideration of what each system might learn from the others. The Law and Policy of Environmental Federalism includes clear descriptive portions that make it a valuable teaching resource, as well as original theory and a depth of policy analysis that will benefit scholars of federalism or environmental and natural resources law. The value of its analysis for real-world decision-making will make it a compelling read for practitioners in environmental law or fields concerned with federalism issues, including those in government or NGOs, as well as lobbyists.


Federalism and Environmental Policy

Federalism and Environmental Policy
Author: Denise Scheberle
Publisher: American Governance and Public Policy series
Total Pages: 219
Release: 2004
Genre: Political Science
ISBN: 9781589011007

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Giving particular attention to intergovernmental working relationships, this revised edition of Federalism and Environmental Policy has been significantly updated to reflect the changes that have taken place since the highly praised first edition. Denise Scheberle examines reasons why environmental laws seldom work out exactly as planned. Casting federal-state working relationships as "pulling together," "coming apart," or somewhere in-between, she provides dozens of observations from federal and state officials. This study also suggests that implementation of environmental policy is a story of high stakes politics--a story rich with contextual factors and as fascinating as the time the policy was formulated. As four very different environmental programs unfold--asbestos (updated to include the fallout from the World Trade Center), drinking water, radon, and surface coal mining--Scheberle demonstrates how programs evolve differently, with individual political, economic, logistical, and technical constraints. The policy implementation framework developed for the book provides the lens through which to compare environmental laws. Federalism and Environmental Policy goes beyond the contents of policy to explore the complex web of federal-state working relationships and their effect on the implementation of policy. It is unique in how it portrays the nuts-and-bolts, the extent to which the state and federal offices work together effectively--or not. Examining working relationships within the context of program implementation and across four different environmental programs offers a unique perspective on why environmental laws sometimes go awry.


Environmental Federalism

Environmental Federalism
Author: Terry Lee Anderson
Publisher:
Total Pages: 312
Release: 1997
Genre: Business & Economics
ISBN:

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For over a quarter century, the federal government has been the primary determinant of environmental regulation and policy. The contributors to this volume provide a wide variety of strategies to challenge what they consider to be Washington's unsophisticated, ineffective, and harmful approaches. The original essays demonstrate how states can improve environmental regulations as they apply to land, water, wildlife, and pesticides, and they provide a general framework for how states can regain control of their environmental destiny. Important reading for anyone interested in environmental policy studies.


Federalism and Environmental Policy

Federalism and Environmental Policy
Author: Denise Scheberle
Publisher: Georgetown University Press
Total Pages: 244
Release: 2004-03-17
Genre: Political Science
ISBN: 9781589013216

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Giving particular attention to intergovernmental working relationships, this revised edition of Federalism and Environmental Policy has been significantly updated to reflect the changes that have taken place since the highly praised first edition. Denise Scheberle examines reasons why environmental laws seldom work out exactly as planned. Casting federal-state working relationships as "pulling together," "coming apart," or somewhere in-between, she provides dozens of observations from federal and state officials. This study also suggests that implementation of environmental policy is a story of high stakes politics—a story rich with contextual factors and as fascinating as the time the policy was formulated. As four very different environmental programs unfold—asbestos (updated to include the fallout from the World Trade Center), drinking water, radon, and surface coal mining—Scheberle demonstrates how programs evolve differently, with individual political, economic, logistical, and technical constraints. The policy implementation framework developed for the book provides the lens through which to compare environmental laws. Federalism and Environmental Policy goes beyond the contents of policy to explore the complex web of federal-state working relationships and their effect on the implementation of policy. It is unique in how it portrays the nuts-and-bolts, the extent to which the state and federal offices work together effectively—or not. Examining working relationships within the context of program implementation and across four different environmental programs offers a unique perspective on why environmental laws sometimes go awry.


Reinventing Environmental Enforcement and the State/federal Relationship

Reinventing Environmental Enforcement and the State/federal Relationship
Author: Clifford Rechtschaffen
Publisher: Environmental Law Institute
Total Pages: 468
Release: 2003
Genre: Environmental law
ISBN: 9781585760435

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One of the most controversial issues in environmental law and policy-and one that of considerable importance to the EPA-is the allocation of power and authority between the federal and state governments. The recent evolution in approaches of environmental enforcement highlights many of the tensions inherent in this debate. During the past several years, the federal and state governments have spent a good deal of energy attempting to "reinvent" their relationship. The shifts in federal/state enforcement relations are highly significant, with the potential to fundamentally reorder the division of authority that has existing over the past 25 years. This book thoroughly documents the changing nature of federal/state relations in enforcing environmental law. It breaks new ground in analyzing the federal/state enforcement relationship, particularly in light of the many recent developments that have occurred in this area. The author's findings provide important lessons about the interplay between federal and state efforts in other regulatory areas, and for the structure of federal/state relations generally. Professors Rechtschaffen's and Markell's clear, in-depth analysis will be essential reading for legal and regulatory experts, attorneys who are involved in environmental enforcement matters, the judiciary, legislators, political scientists, public policy experts, and anyone with an interest in environmental law and policy.


Environmental Justice and Federalism

Environmental Justice and Federalism
Author: Dennis C. Cory
Publisher: Edward Elgar Publishing
Total Pages: 223
Release: 2012-01-01
Genre: Political Science
ISBN: 1781001405

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Within the United States, minority and low-income communities currently bear a disproportionate amount of risk associated with pollution and other harmful environmental practices. The environmental justice movement is working to change this fact, promoting the fair and non-discriminatory treatment of all people with respect to environmental issues, policies, and regulations. This fascinating and timely volume explores the relationship between environmental justice and the government, offering a comprehensive introduction to the legal, economic, and philosophical concerns involved in pursuing environmental justice goals within a federalist system. The authors discuss two case studies in their investigation of the complex interactions between environmental justice and government. These analyses offer a comprehensive view of both the siting and regulation of polluting activities, as well as a discussion of the effects on major natural resources such as clean air and drinking water. In each case, the authors both describe current government responses to the problem and offer specific recommendations regarding what actions should be taken in the future. This authoritative book will make an invaluable addition to courses in environmental law and policy. Professionals and policymakers working in disciplines such as law, economics, environmental science, philosophy and political science will also find this a comprehensive and critical reference.


Environmental Regulation in a Federal System

Environmental Regulation in a Federal System
Author: Tim Jeppesen
Publisher: Edward Elgar Publishing
Total Pages: 232
Release: 2002-01-01
Genre: Science
ISBN: 9781781952900

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'An imaginative book that contributes significantly to the debate on regulatory federalism. The even-handed approach should appeal to a broad audience, including academics, policymakers, and the general reader interested in the optimal institutional arrangements for the provisioning of public goods.' - John A. List, University of Maryland, College Park, US In this important book Tim Jeppesen investigates environmental regulation in a federal system and addresses the underlying question of whether regulation should be decided centrally, by EU institutions, or de-centrally, by individual member states. Whilst simple economic reasoning presumes that transboundary externalities require central solutions and local externalities need local solutions, the author finds that the real answer is much more complicated.


The Rules of Federalism

The Rules of Federalism
Author: R. Daniel. KELEMEN
Publisher: Harvard University Press
Total Pages: 257
Release: 2009-06-30
Genre: Business & Economics
ISBN: 0674039424

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This book examines patterns of environmental regulation in the European Union and four federal polities--the United States, Germany, Australia, and Canada. Daniel Kelemen develops a theory of regulatory federalism based on his comparative study, arguing that the greater the fragmentation of power at the federal level, the less discretion is allotted to component states. Kelemen's analysis offers a novel perspective on the EU and demonstrates that the EU already acts as a federal polity in the regulatory arena. In The Rules of Federalism, Kelemen shows that both the structure of the EU's institutions and the control these institutions exert over member states closely resemble the American federal system, with its separation of powers, large number of veto points, and highly detailed, judicially enforceable legislation. In the EU, as in the United States, a high degree of fragmentation in the central government yields a low degree of discretion for member states when it comes to implementing regulatory statutes. Table of Contents: Acknowledgments 1. Regulatory Federalism and the EU 2. Environmental Regulation in the EU 3. Environmental Regulation in the United States 4. Environmental Regulation in Germany 5. Environmental Regulation in Australia and Canada 6. Food and Drug Safety Regulation in the EU 7. Institutional Structure and Regulatory Style Notes References Cases Cited Index R. Daniel Kelemen's The Rules of Federalism is an important contribution to both the literature on federalism and on the European Union. It makes an original theoretical and empirical contribution to our understanding of regulatory federalism and sheds new light on the federal systems which it compares. It will open up new avenues of inquiry. --Alberta Sbragia, University of Pittsburgh The Rules of Federalism makes a significant contribution to the literature on regulatory federalism. Keleman's original theoretical perspective is made plausible through a series of fascinating case studies. The book will be of interest to scholars of federalism, constitutional design, environmental policy, and the European Union. --Susan Rose-Ackerman, Yale Law School


Federalism and Environmental Regulation

Federalism and Environmental Regulation
Author: Richard L. Revesz
Publisher:
Total Pages: 0
Release: 2001
Genre:
ISBN:

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This Article challenges the influential claim that primary responsibility for environmental regulation should be assigned to the federal government because public choice pathologies cause systematic underrepresentation of environmental interests at the state level. The Article first disputes the theoretical argument by advocates of federal regulation who claim that environmental groups are less disadvantaged at the federal level because of economies of scale in organization. The relevant question, instead, concerns the relative effectiveness of environmental and industry groups at the federal and state levels. The Article casts doubt on the plausibility of the conditions under which federal regulation systematically benefits environmental groups. More generally, the public choice account on which supporters of federal intervention rely views environmental regulation as the product of a clash between environmental interests seeking more stringent standards and industrial interests seeking less stringent standards. This account, however, has little explanatory power. More compelling public choice theories do not point in the direction of federal intervention. Professor Revesz then musters empirical data to challenge the view that states are ineffective environmental regulators. He shows that before the era of extensive federal involvement, which began in 1970, states had in fact made great strides with respect to those air pollution problems that were reasonably well understood. Moreover, at present, states are undertaking significant environmental protection measures that go well beyond what the federal government requires. The Article attempts to explain why some states have taken the lead with respect to protective environmental measures, while the efforts of other states have lagged. By comparing the regulatory actions of the states with the voting records of their members in the U.S. House of Representatives, it suggests that the differences stem from different levels of preference for environmental protection rather than from public choice pathologies.