Abstract

Despite the extensive scholarly literature assessing the proper role of federalism in environmental law, there has been relatively little analysis of why states adopt given environmental policies. There is even less consideration of how federal regulatory choices influence state environmental policy, and how a change in federal policy could influence states' willingness to adopt more environmental protections of their own. This Article seeks to address this gap by describing some of the factors that are likely to influence state environmental policy decisions and delineating how federal environmental policies can affect state policy choices. Specifically, this Article seeks to further the understanding of how federal regulation influences the scope and effectiveness of state regulations.

Building on prior research and analysis of federalism in environmental law and policy, this Article further seeks to reexamine some of the conventional assumptions that underpin many discussions of the proper federal-state balance in environmental policy. Among other things, this Article suggests that insufficient attention to the effects of federal action on state policy choices can reduce the scope and effectiveness of environmental protection efforts. For example, if federal regulatory action has the potential to discourage or crowd out state regulatory efforts, the adoption of a federal regulatory floor may actually lower instead of raise the aggregate level of environmental protection in a given jurisdiction.

This abstract has been adapted from the author's introduction.

Document Type

Article

Publication Date

2007

Publication Information

31 Harvard Environmental Law Review 67-114 (2007)

Download

Share

COinS