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Tenth Amendment

Redefining Federalism

Editors' Summary: Federalism has become a highly politicized term in environmental law, with some parties having adopted the term to signify an ideology of devolving federal authority over environmental protection back to the states. In...

Emerging Statutory and Constitutional Tools for States to Resist Federal Environmental Regulation

This is a time of high tensions between the federal government and the states over environmental regulation.1 The flashpoints include actions by the U.S. Environmental Protection Agency (EPA) against states...