preemption
Clean Ports Act — Dead on Arrival (in the Senate)
An impressive coalition of environmental groups, labor organizations, local governments, and economic development agencies have teamed up to sponsor the Clean Ports Act of 2010, introduced on July 29th by Rep. Jerry Nadler of New York (who looks something like a cube but is an effective and conscientious legislator), and co-sponsored by 67 members of …
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CONTINUE READINGA 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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CONTINUE READINGAgency 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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CONTINUE READINGIs the Western Climate Initiative Constitutional?
Brad Plumer in The New Republic rightfully celebrates the emergence of the Western Climate Initiative, which establishes a cap-and-trade system among several US states and three of the most important Canadian provinces: British Columbia, Ontario, and Quebec. “Cap-and-trade is coming to the United States,” he notes, “and there is nothing that the Senate can do …
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CONTINUE READINGA 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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CONTINUE READINGA 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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