federalism

A Question on Agency Pre-emption of State Law

Dan, any reason to think that the powers that be will actually pay any attention to the ABA?  As you know, the Bush Administration formally decided to ignore it regarding judicial appointments.  On something like this, does the ABA have any status greater than your typical interest group? It would be interesting to see the …

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Agency Preemption of State Law

Administrative agencies sometimes issue regulations that have the effect of overruling state law — and sometimes that is the sole effect of the regulation.  This proved quite controversial during the Bush Administration, which used agency rulemaking efforts to cut back on state tort law.  The ABA has a adopted a new resolution dealing with this …

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Kerry-Lieberman and State Government

The Georgetown Climate Center has put together a very useful  summary of how the bill would impact state regulation, both positively and negatively. The most important fact is that the summary is fifteen pages long.  The bill is obviously a big deal in terms of helping state regulation in some respects and curtailing it in …

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Conference Webcast – The Environment and the Constitution

*Webcast is archived for later viewing, if you didn’t catch the live event. On February 26, 2010.  9:00 a.m. –  5:30 p.m.webcast of (EST), you can attend the Environmental Protection in the Balance: Citizens, Courts, and the Constitution at Georgetown University Law Center, Washington, DC. Today, the most important environmental law and policy disputes are …

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Indian Federalism and Climate Change

Federalism is a hot topic (so to speak) for scholars working on climate change, but we have so far remained resolutely at home, focusing solely on American federalism.  It’s now time to start thinking about how federalism might impact India, which has maintained a federal system for more than 60 years, and has decentralized greatly in …

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A Silver Lining to the Supreme Court Term for Environmentalists?

In assessing the environmental train wreck that was the just-concluded Supreme Court Term, the question arises: is there anything from that Term from which environmental interests can take comfort? The answer is at least a qualified “yes.” Somewhat lost in the attention focused on the justices’ five major environmental decisions–all of them clear defeats for …

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A Good Week for Environmental Federalism

This has been a very good week for proponents of environmental federalism. On Tuesday, President Obama convened a Rose Garden ceremony to announce first-ever federal regulatory mandates specifically designed to address global warming. The federal government’s new CAFE standards for new cars and light trucks, beginning with the 2012 model year, will simultaneously reduce greenhouse …

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California Adopts Low-Carbon Fuel Standard

Good. The California Air Resources Board has adopted the nation’s first mandate to lower the carbon in fuel. As these things go, it’s pretty mild: a 10% reduction in carbon footprint by 2020. That hasn’t stopped the oil industry from complaining, of course, stating that CARB is “moving too fast.” When will it not be …

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