Edited by Kalyani Robbins, Associate Professor of Law, Florida International University, College of Law, US
This book provides a comparative analysis of the various approaches to environmental federalism and a consideration of what each system might learn from the others. Each chapter focuses on a different regime, and together they offer a broad overview of the field as well as original theory and policy analysis that is sure to meaningfully contribute to our understanding of environmental federalism as well as our policy-making future.
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.
‘This book is an extraordinary piece of scholarship by top experts in the field. It challenges conventional assumptions concerning environmental federalism and offers new insights into the effects of law and policy on intergovernmental relations. The book explores how climate change is posing novel challenges to federal/state relations and it provides valuable comparative perspectives based on experience in other countries.’ – Robert V. Percival, University of Maryland, Francis King Carey School of Law, US
‘While much of the debate about federalism in environmental law has been focused on pollution laws in the United States, this book covers the full range of environmental issues and looks beyond US borders. The Law and Policy of Environmental Federalism makes it clear that the previous focus on pollution laws provided only a partial glimpse of the federalism issues.’ – Daniel Farber, University of California, Berkeley, US
Contributors: W.L. Andreen, N. Behnke, S. Bhat, W.W. Buzbee, A.E. Carlson, K.H. Engel, A. Eppler, E. Fazzio, R. Fowler, R.L. Glicksman, K.H. Hirokawa, B. Hudson, A. Kaswan, A.B. Klass, K. Robbins, J. Rosenbloom, E. Ryan, J.A. Wentz, H.J. Wiseman
PART I MAJOR UNITED STATES ENVIRONMENTAL STATUTES 1. Debunking revisionist understandings of environmental cooperative federalism: collective action responses to air pollution Robert L. Glicksman and Jessica A. Wentz
2. Dynamic federalism and the Clean Water Act: completing the task William L. Andreen
3. CERCLA, federalism, and common law claims Alexandra B. Klass and Emma Fazio
PART II REGULATION OF NATURAL RESOURCES 4. . Fragmented forest federalism Blake Hudson
5. Coordinating the overlapping regulation of biodiversity and ecosystem management Kalyani Robbins
6. Evolving energy federalism: current allocations of authority and the need for inclusive governance Hannah J. Wiseman
PART III CLIMATE CHANGE AND FEDERALISM 7. Climate federalism, regulatory failure and reversal risks, and entrenching innovation incentives William W. Buzbee
8. The enigma of state climate change policy innovation Kirsten H. Engel
9. Cooperative federalism and adaptation Alice Kaswan
PART IV THEORIES OF DIFFUSE REGULATORY POWER 10. Reverse preemption in federal water law Ann E. Carlson
11. The cost of federalism: ecology, community, and the pragmatism of land use Keith H. Hirokawa and Jonathan Rosenbloom
PART V COMPARING INTERNATIONAL REGIMES 12. The Australian experience with environmental federalism – constitutional and political perspectives Robert Fowler
13. German environmental federalism in the multi-level system of the European Union Nathalie Behnke and Annegret Eppler
14. The paradox of environmental federalism in India Sairam Bhat
PART VI CONCLUDING THOUGHTS 15. Environmental federalism’s tug of war within Erin Ryan