Federalism in European Environmental Decision Making

The impact of European environmental protection laws and the EU’s nearly unrestricted authority to legislate in these matters make it important to understand how these laws are produced.

TSCA Reform and Preemption: A Walk on the Third Rail

Preemption is not a “yes or no” proposition—it is one of several Constitutional principles, along with federalism, that policymakers must consider in developing workable environmental policies.

Federalism in Renewable Energy Policy

A majority of states have adopted policies that incentivize development of renewable energy sources. Most of these policies trace their origins to the 1970s.

Power Grab: Preempting States’ Rights to Turn Off Nuclear Power

April 2011, the NRC granted the Vermont Yankee a twenty-year extension of its federal operating license, putting Vermont at odds with the NRC.

Regulation of Surface Coal Mining: The End of a Thirty-year Balancing Act?

The diversity of conditions and methods would suggest that local or state-level regulation of mining would be the best approach; experience has proven otherwise.

State Dynamism, Federal Constraints: Possible Constitutional Hurdles to Cross-Border Cap-and-Trade

Is it constitutionally viabsle to expand domestic, state-run cap-and-trade programs to include Canadian provinces?

Coastal Planning, Federal Consistency, and Climate Change: A Recent Divergence of Federal and State Interests

Coastal states incorporate climate change impacts into their coastal management plans; federal policy increases natural resource development in federal waters.

Tribes as Managers of Federal Natural Resources

There is a growing willingness to include indigenous worldviews in federal land management.