The "New Federalism"—Can It Really Work in Implementing Environmental Statutes?
Can "New Federalism" really work in implementing federal environmental statutes? The guidelines for this paper, in suggesting that it should be "Hamiltonian, articulating the proper boundaries for a strong federal role in environmental control," infer that my answer should be no. Presumably, one who is employed by and represents a national environmental group in these times should have mixed feelings about federal environmental regulation, but over the last decade, it is surely true we have championed federal regulatory authority, and I suppose that is why I have been chosen to present this side of a complex question. Rather than argue from a brief, however, I have instead chosen to articulate my own views, which I hope are at least sufficiently balanced to reflect my uncertainty, and to avoid my being challenged to a duel by either a violent state's rightist or a nationalist.