Download or read book Using Federalism to Improve Environmental Policy written by Henry N. Butler and published by American Enterprise Institute. This book was released on 1996 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Managing Green Mandates written by Pietro S. Nivola and published by Brookings Institution Press. This book was released on 2004-06-23 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Environmental Federalism written by Terry Lee Anderson and published by . This book was released on 1997 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Law and Policy of Environmental Federalism written by Kalyani Robbins and published by Edward Elgar Publishing. This book was released on 2015-12-18 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Federalism and Environmental Policy written by Denise Scheberle and published by Georgetown University Press. This book was released on 2004-03-17 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Reinventing Environmental Enforcement and the State federal Relationship written by Clifford Rechtschaffen and published by Environmental Law Institute. This book was released on 2003 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Environmental Regulation written by Laura M. Lake and published by Greenwood. This book was released on 1982 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Environmental Regulation written by Robert V. Percival and published by Aspen Publishing. This book was released on 2021-08-16 with total page 1726 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book Federalism and Environmental Regulation written by Richard L. Revesz and published by . This book was released on 2001 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Rules of Federalism written by R. Daniel. KELEMEN and published by Harvard University Press. This book was released on 2009-06-30 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book Regulatory Federalism written by Roger Daniel Kelemen and published by . This book was released on 1998 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Judicial Federalism and the Future of Federal Environmental Regulation written by Jonathan H. Adler and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article assesses the current and likely impact of the Supreme Court's federalism cases on federal environmental regulation. As a result of this assessment, the article seeks to make four points: 1) Thus far, the Supreme Court's federalism cases have had a limited impact on federal regulation, as federal courts have not used these cases as a basis for limiting the reach of federal regulatory authority. 2) Notwithstanding this limited impact, the underlying logic of the Supreme Court's cases does pose a challenge for federal regulation, particularly in the Commerce Clause context. 3) The thrust of the federalism cases makes it likely that the Supreme Court will revisit the constitutional limitations on the Spending Clause, and this could have a substantial impact on federal environmental regulation, as some federal environmental provisions exceed even the highly deferential Spending Clause standard outlined in South Dakota v. Dole. 4) Judicially enforced limitations on federal regulatory authority do not necessarily translate into limitations on environmental protection. The federal government will retain substantial - although not unlimited - authority to advance environmental protection. Where federal authority is constrained, state and local governments and non-governmental entities will retain their ability to address many environmental concerns.

Download or read book Regulatory Reform and Environmental Laws written by United States. Congress. Senate. Committee on Environment and Public Works and published by . This book was released on 1995 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Environmental Regulations Handbook written by Jacob I. Bregman and published by CRC Press. This book was released on 1991-11-26 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Regulations provides a comprehensive introduction to the environmental laws and regulations with which industry must comply to stay in business. It presents the laws passed by Congress to control pollution, the regulations developed by government agencies to comply with the requirements of those laws, penalties for violations of regulations, and how companies can determine whether or not they are in violation of regulations. To promote a better understanding of why current regulations are written in the manner they are, the book includes examples of the history, chronology, and setting in which environmental laws were developed and how they have evolved through time. It also provides an introduction to The Federal Register, codification, and the Code of Federal Regulations, as well as an examination of how a regulation is developed within government. Environmental Regulations addresses several important issues, including discharges to water, ambient and indoor air, solid and hazardous wastes, toxic pollutants, abandoned dumps, the worker environment, enforcement and compliance, environmental investigations, and environmental assessments. It will be a source of fundamental information on major environmental regulated areas for industry professionals, environmentalists, state environmental protection or department of natural resource personnel, engineers, environmental lawyers, and others who must understand environmental regulations and their enforcement. The book will also be a useful introduction for instructors and students involved in courses in water resources, systems analysis, and environmental engineering. Features

Download or read book Growing State Federal Conflicts in Environmental Policy written by Roberton C. Williams III and published by . This book was released on 2010 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Regulating Wetlands Protection written by Ronald Keith Gaddie and published by State University of New York Press. This book was released on 1999-11-04 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wetlands are a valuable natural resource, yet over 200,000 acres are destroyed in the United States each year. An alternative recently promoted to improve wetland protection is state assumption of the law governing wetland protection, the Federal Water Pollution Control Act (section 404). This book discusses the implementation problems associated with the national wetland regulation program and examines the state assumption option in twelve states, with extended case studies of Florida, Maryland, Michigan, and New Jersey.

Download or read book Protecting the Environment written by Cynthia Cates Colella and published by . This book was released on 1981 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: