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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.


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.


Managing Green Mandates

Managing Green Mandates
Author: Pietro S. Nivola
Publisher: Brookings Institution Press
Total Pages: 62
Release: 2004-06-23
Genre: Law
ISBN: 0815798806

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A Brookings Institution Press and American Enterprise Institute publication Federal policies have made great progress protecting the environment. But the policies sometimes have imposed inordinate costs on local governments. Managing Green Mandates describes how various federal environmental directives do not suit diverse conditions at the local level, and compel local communities to spend their revenues on reducing relatively minor risks to the public health. While policymakers have thrown far-reaching requirements at the feet of local authorities, the federal government is providing them less aid to comply with the increasingly stringent standards. The burden of these underfunded mandates can further disadvantage many overtaxed municipalities. Pietro Nivola is a senior fellow in the Governmental Studies program at the Brookings Institution. He is the author of The Laws of the Landscape: How Politics Shape Cities in Europe and America (Brookings 1999). Jon Shields is a graduate student in the Department of Government and Foreign Affairs at the University of Virginia.


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.


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.


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.


Environmental Regulation

Environmental Regulation
Author: Laura M. Lake
Publisher: Greenwood
Total Pages: 168
Release: 1982
Genre: Law
ISBN:

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Environmental Regulation

Environmental Regulation
Author: Robert V. Percival
Publisher: Aspen Publishing
Total Pages: 1726
Release: 2021-08-16
Genre: Law
ISBN: 1543826172

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Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks Environmental Regulation: Law, Science, and Policy demystifies the complexity of environmental law. It provides up-to-date, comprehensive and accessible coverage of this rapidly changing field. After exploring the causes of environmental problems and the moral values they implicate, the casebook provides a structural overview of the regulatory system. It considers how environmental law seeks to protect public health and the environment from climate change, toxic chemicals, hazardous wastes, and air and water pollution. This casebook covers land use regulation, protection of biodiversity, environmental impact assessment, environmental enforcement, and international environmental law. Written in a style accessible to the non-specialist, this casebook affords instructors flexibility in organizing courses. Effective teaching and study aids include outlines of the structure of each environmental statute, real-world-based problems and questions, “pathfinders” explaining where to find crucial source materials for every major topic, an extensive glossary, and a list of acronyms. The accompanying Website is kept current with annual statutory and case supplements. New to the 9th Edition: The most comprehensive updating and editing of this classic casebook since the first edition helped define the field nearly thirty years ago, including: Biden administration reversals of Trump changes to federal environmental policy How efforts to combat the climate crisis are affecting all areas of environmental law New material on environmental justice throughout the casebook The impact of the global pandemic on environmental law and policy New material on the social cost of carbon, PFAS and chemical testing, the Navigable Waters Protection Rule, the Migratory Bird Treaty Act, environmental enforcement, and private environmental governance Excerpts from important new court decisions including: County of Maui v. Hawaii Wildlife Fund (groundwater and the Clean Water Act) ARCO v. Christian (the impact of CERCLA on state remedies for environmental contamination) Weyerhaeuser v. US Fish & Wildlife Service (critical habitat for endangered species) American Lung Ass’n v. EPA (DC Circuit’s 2021 decision invalidating the Trump administration’s Affordable Clean Energy regulations for greenhouse gas emissions under the Clean Air Act) Juliana v. US (9th Circuit decision dismissing claims that the federal government violated constitutional environmental rights by promoting fossil fuels) McKiver v. Murphy-Brown (4th Circuit decision on private nuisance, CAFOS and environmental justice) Jam v. International Finance Corporation (immunity of international development bank for financing coal-fired power plant in India) New and improved problem exercises Streamlined and more tightly edited and featuring a new Teacher’s Manual Professors and students will benefit from: Comprehensive and up-to-date coverage in a style accessible to the non-specialist Self-contained chapters for flexibility in organizing courses A detailed examination of policy Focus on environmental statutes How statutes translate into regulations Factors that affect real-world behavior Effective teaching and study aids Outlines of the structure of each environmental statute Real-world-based problems and questions “pathfinders” explaining where to find crucial source materials for every major subject area Extensive glossary List of acronyms


Growing State-Federal Conflicts in Environmental Policy

Growing State-Federal Conflicts in Environmental Policy
Author: Roberton C. Williams III
Publisher:
Total Pages: 25
Release: 2010
Genre:
ISBN:

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In recent years, cases in which state governments chose to override federal environmental regulation with tighter regulations of their own have become increasingly common, even for pollutants that have substantial spillovers across states. This paper argues that this change arose at least in part because of a shift in the type of regulation used at the federal level, from command-and-control regulation toward more incentive-based regulation. Under an incentive-based federal regulation, a state imposing a tighter regulation will bear only part of the additional cost, and thus has more incentive to tighten regulation than it does under federal command-and-control. This difference helps to explain observed patterns of regulation. In addition, it has implications for the choice of regulatory instruments. For a pollutant that causes both local and spillover damage, a federal pollution tax is likely to yield a more efficient outcome than federal command-and-control policy or a federal system of tradable permits.


Regulatory Reform and Environmental Laws

Regulatory Reform and Environmental Laws
Author: United States. Congress. Senate. Committee on Environment and Public Works
Publisher:
Total Pages: 256
Release: 1995
Genre: Business & Economics
ISBN:

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