States as Engines of Sustainable Development: Some Think They Can

December 2002
Citation:
32
ELR 11365
Issue
12
Author
John A. Pendergrass

States have been and should continue to be engines of sustainable development in the United States. They are not the only forces at work, and some have been willing to let others, along with the large federal locomotive, pull them up the sustainable development hill, but they are necessary if the United States is to reach its goals. The important roles that states have in policymaking and implementation means that a complete assessment of progress toward sustainable development in the United States must include an examination of what states are accomplishing. This Article begins by narrowing the broad sweep of sustainable development to those aspects that are of particular relevance to U.S. states, then provides an overview of what states had done prior to the Rio Summit, followed by an assessment of what they have done in the intervening 10 years. It concludes with recommendations for states to continue their progress toward sustainable development. As will be discussed further, states in the United States have many attributes of national governments, particularly with respect to their authority and responsibility for most aspects of sustainable development. This Article could then, in theory, encompass all of sustainable development, but it will not attempt to assess aspects of sustainable development related to specific media, resources, and issues covered comprehensively in other Articles.

Beginning even before the advent of the modern era of environmental law in the United States in 1970, some states have developed innovative laws and programs that have served as models for other states and the federal government for solving environmental problems and promoting what is now understood as sustainable development. Sustainable development depends on local action that keeps larger social goals in mind while satisfying local needs. This is the role state governments are intended to carry out in the United States and, at their best, some have done much to promote and to achieve sustainable development, but the efforts and progress have been uneven. In order to achieve sustainable development in the United States, all the states must join the effort, follow the examples of the leading states, adopt the innovations that have proven successful, involve their citizens, report on their progress, and continue to create innovative policies and programs.

[Editors' Note: In June 1992, at the United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro, the nations of the world formally endorsed the concept of sustainable development and agreed to a plan of action for achieving it. One of those nations was the United States. In August 2002, at the World Summit on Sustainable Development, these nations gathered in Johannesburg to review progress in the 10-year period since UNCED and to identify steps that need to be taken next. Prof. John C. Dernbach has edited a book, Stumbling Toward Sustainability, that assesses progress made by the United States on sustainable development in the past 10 years and recommends next steps. The book, published by the Environmental Law Institute in July 2002, is comprised of chapters on various subjects by experts from around the country. This Article appears as a chapter in that book. Further information on Stumbling Toward Sustainability is available at www.eli.org or by calling 1-800-433-5120 or 202-939-3844.]

John A. Pendergrass is a Senior Attorney and Director of the Center for State, Local, and Regional Environmental Programs at the Environmental Law Institute. He has conducted extensive research into state environmental programs and the federal-state partnership in environmental law. The author wishes to thank John Dernbach for his very helpful comments and Ryan Hamilton for his excellent assistance in research for this Article.

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