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 …


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 …


Is 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 …


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 …


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 …