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Author: Robin Kundis Craig Publisher: Environmental Law Institute ISBN: Category : Law Languages : en Pages : 328
Book Description
In this second edition of a landmark book, author Robin Craig explores the structural implications for water quality regulation when the primary federal statute for regulating water quality--the Clean Water Act--operates in a context complicated by a variety of constitutional requirements and dictates.This new edition thoroughly updates the first edition, particularly in areas where the Supreme Court has issued significant new decisions. For example, it includes discussions of the Court's 2006 decision in Rapanos v. United States plus the important recent developments in Commerce Clause jurisprudence. Other noteworthy additions include Clean Water Act takings jurisprudence, new discussions of "increased risk" as a basis for citizen suit standing, and the issue of state citizen suit standing after Massachusetts v. EPA.
Author: Robin Kundis Craig Publisher: Environmental Law Institute ISBN: Category : Law Languages : en Pages : 328
Book Description
In this second edition of a landmark book, author Robin Craig explores the structural implications for water quality regulation when the primary federal statute for regulating water quality--the Clean Water Act--operates in a context complicated by a variety of constitutional requirements and dictates.This new edition thoroughly updates the first edition, particularly in areas where the Supreme Court has issued significant new decisions. For example, it includes discussions of the Court's 2006 decision in Rapanos v. United States plus the important recent developments in Commerce Clause jurisprudence. Other noteworthy additions include Clean Water Act takings jurisprudence, new discussions of "increased risk" as a basis for citizen suit standing, and the issue of state citizen suit standing after Massachusetts v. EPA.
Author: Nicholas Luke Fowler Publisher: Routledge ISBN: 9781003044482 Category : Political Science Languages : en Pages : 170
Book Description
"In Environmental Federalism, Luke Fowler helps to refocus much-needed attention on the role of state governments in environmental policy creation and implementation in the United States. While the national government receives most of the attention when it comes to environmental policy, state governments play a vital role in protecting our natural resources. Legacy problems, like air, water, and land pollution, present one set of challenges for environmental federalism, but new problems emerging as a result of climate change further test the bounds of federal institutions. Examining patterns of pollution and case studies from the Clean Air Act and the Clean Water Act, Fowler explores two questions: has environmental federalism worked in managing legacy environmental problems, and can it work to manage climate change? In order to answer these questions, Fowler extends James Lester's typology using political incentives and administrative capacities to identify four types of states (progressive, delayers, strugglers, and regressives) and assesses how they are linked to the success of federal environmental programs and conflicts in intergovernmental relations. He then considers what lessons we can learn from these programs and whether those lessons can help us better understand climate policy and multi-level institutions for environmental governance. This timely read will be a valuable contribution to students, researchers, and scholars of political science, public policy, public administration, and environmental studies"--
Author: National Research Council Publisher: National Academies Press ISBN: 0309177812 Category : Nature Languages : en Pages : 252
Book Description
The Mississippi River is, in many ways, the nation's best known and most important river system. Mississippi River water quality is of paramount importance for sustaining the many uses of the river including drinking water, recreational and commercial activities, and support for the river's ecosystems and the environmental goods and services they provide. The Clean Water Act, passed by Congress in 1972, is the cornerstone of surface water quality protection in the United States, employing regulatory and nonregulatory measures designed to reduce direct pollutant discharges into waterways. The Clean Water Act has reduced much pollution in the Mississippi River from "point sources" such as industries and water treatment plants, but problems stemming from urban runoff, agriculture, and other "non-point sources" have proven more difficult to address. This book concludes that too little coordination among the 10 states along the river has left the Mississippi River an "orphan" from a water quality monitoring and assessment perspective. Stronger leadership from the U.S. Environmental Protection Agency (EPA) is needed to address these problems. Specifically, the EPA should establish a water quality data-sharing system for the length of the river, and work with the states to establish and achieve water quality standards. The Mississippi River corridor states also should be more proactive and cooperative in their water quality programs. For this effort, the EPA and the Mississippi River states should draw upon the lengthy experience of federal-interstate cooperation in managing water quality in the Chesapeake Bay.
Author: John A. Hoornbeek Publisher: State University of New York Press ISBN: 1438435436 Category : Political Science Languages : en Pages : 355
Book Description
The relationship between federal and state water pollution policies is revealed and assessed in this incisive volume. Focusing on Congress's statutory directions in the Federal Water Pollution Control Act of 1972 and state compliance, this study throws into relief the complex and often troubled relationship between the laws enacted by Congress and the public policies produced by state governments that implement them. Compliance at the state level can be affected and sometimes disturbed by state politics, particular policymaking processes, and the effects of federal oversight practices. As convincingly demonstrated in these pages, American water pollution policy reflects neither runaway bureaucracies nor Congressional control, but rather a complex intergovernmental process that is structured around Congress's statutory directions.
Author: Donald F. Kettl Publisher: Princeton University Press ISBN: 0691234175 Category : Political Science Languages : en Pages : 248
Book Description
"As James Madison led America's effort to write its Constitution, he made two great inventions-the separation of powers and federalism. The first is more famous, but the second was most essential because, without federalism, there could have been no United States of America. Federalism has always been about setting the balance of power between the federal government and the states-and that's revolved around deciding just how much inequality the country was prepared to accept in exchange for making piece among often-warring states. Through the course of its history, the country has moved through a series of phases, some of which put more power into the hands of the federal government, and some rested more power in the states. Sometimes this rebalancing led to armed conflict. The Civil War, of course, almost split the nation permanently apart. And sometimes it led to political battles. By the end of the 1960s, however, the country seemed to have settled into a quiet agreement that inequality was a prime national concern, that the federal government had the responsibility for addressing it through its own policies, and that the states would serve as administrative agents of that policy. But as that agreement seemed set, federalism drifted from national debate, just as the states began using their administrative role to push in very different directions. The result has been a rising tide of inequality, with the great invention that helped create the nation increasingly driving it apart"--
Author: Richard L. Revesz Publisher: Oxford University Press ISBN: 0190233117 Category : Business & Economics Languages : en Pages : 233
Book Description
Since the beginning of the Obama Administration, conservative politicians have railed against the President's "War on Coal." As evidence of this supposed siege, they point to a series of rules issued by the Environmental Protection Agency that aim to slash air pollution from the nation's power sector . Because coal produces far more pollution than any other major energy source, these rules are expected to further reduce its already shrinking share of the electricity market in favor of cleaner options like natural gas and solar power. But the EPA's policies are hardly the "unprecedented regulatory assault " that opponents make them out to be. Instead, they are merely the latest chapter in a multi-decade struggle to overcome a tragic flaw in our nation's most important environmental law. In 1970, Congress passed the Clean Air Act, which had the remarkably ambitious goal of eliminating essentially all air pollution that posed a threat to public health or welfare. But there was a problem: for some of the most common pollutants, Congress empowered the EPA to set emission limits only for newly constructed industrial facilities, most notably power plants. Existing plants, by contrast, would be largely exempt from direct federal regulation-a regulatory practice known as "grandfathering." What lawmakers didn't anticipate was that imposing costly requirements on new plants while giving existing ones a pass would simply encourage those old plants to stay in business much longer than originally planned. Since 1970, the core problems of U.S. environmental policy have flowed inexorably from the smokestacks of these coal-fired clunkers, which continue to pollute at far higher rates than their younger peers. In Struggling for Air, Richard L. Revesz and Jack Lienke chronicle the political compromises that gave rise to grandfathering, its deadly consequences, and the repeated attempts-by presidential administrations of both parties-to make things right.
Author: Edella Schlager Publisher: ISBN: 9780816530007 Category : Climatic changes Languages : en Pages : 0
Book Description
This timely volume challenges the notion that because climate change is inherently a global problem, only coordinated actions on a global scale can lead to a solution. It considers the perspective that since climate change itself has both global and local causes and implications, the most effective policies for adapting to and mitigating climate change must involve governments and communities at many different levels. Federalism—the system of government in which power is divided among a national government and state and regional governments—is well-suited to address the challenges of climate change because it permits distinctive policy responses at a variety of scales. The chapters in this book explore questions such as what are appropriate relationships between states, tribes, and the federal government as each actively pursues climate-change policies? How much leeway should states have in designing and implementing climate-change policies, and how extensively should the federal government exercise its preemption powers to constrain state activity? What climate-change strategies are states best suited to pursue, and what role, if any, will regional state-based collaborations and associations play? This book examines these questions from a variety of perspectives, blending legal and policy analyses to provide thought-provoking coverage of how governments in a federal system cooperate, coordinate, and accommodate one another to address this global problem. Navigating Climate Change Policy is an essential resource for policymakers and judges at all levels of government who deal with questions of climate governance. It will also serve as an important addition to the curriculum on climate change and environmental policy in graduate and undergraduate courses and will be of interest to anyone concerned with how the government addresses environmental issues.
Author: Rick Perry Publisher: Hachette+ORM ISBN: 031618375X Category : Political Science Languages : en Pages : 172
Book Description
Now, do not misunderstand me, America is great. But we are fed up with being over-taxed and over-regulated. We are tired of being told how much salt to put on our food, what kind of cars we can drive, what kinds of guns we can own, what kind of prayers we are allowed to say and where we can say them, what we are allowed to do to elect political candidates, what kind of energy we can use, what doctor we can see. What kind of nation are we becoming? I fear it's the very kind the Colonists fought against. But perhaps most of all, we are fed up because deep down we know how great America has always been, how many great things the people do in spite of their government, and how great the nation can be in the future if government will just get out of the way. Our fight is clear. We must step up and retake the reins of our government from a Washington establishment that has abused our trust. We must empower states to fight for our beliefs, elect only leaders who are on our team, set out to remind our fellow Americans why liberty is guaranteed in the Constitution, and take concrete steps to take back our country. The American people have never sat idle when liberty's trumpet sounds the call to battle -- and today that battle is for the soul of America.
Author: Robin Kundis Craig
Author: Robin Kundis Craig
Author: Nicholas Luke Fowler
Author: Harvey Lieber
Author: National Research Council
Author: John A. Hoornbeek
Author: Donald F. Kettl
Author: Richard L. Revesz
Author: Edella Schlager
Author: Rick Perry
Author: Ann Carlson