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cooperative federalism

Rethinking the Federal-State Relationship

ELR Article

Cooperative federalism can lead to more efficient and pragmatic environmental protection, and allow states to develop effective programs tailored to their needs and resources. Nevertheless, the future of the federal-state relationship...

The Corporate Role in the Environmental Protection Enterprise

ELR Article

With real-time diagnostics, cutting-edge compliance management systems, and an underlying focus on sustainability as a good economic and reputational practice in many industry sectors, environmental compliance is increasingly self-...

Decentralization and Deference: How Different Conceptions of Federalism Matter for Deference and Why That Matters for Renewable Energy

ELR Article

This Article poses a question about deference that remains surprisingly unresolved: when Congress delegates to both state and federal agencies under a “cooperative federalism” scheme, who gets deference when interpreting that law, the...

H.R. 1997, Bill Introduced

ELR Congressional Update

S. 964, Bill Introduced

ELR Congressional Update

S. 888, Bill Introduced

ELR Congressional Update

S. 855, Bill Introduced

ELR Congressional Update

S. 736, Bill Introduced

ELR Congressional Update

Cooperative Federalism, Nutrients, and the Clean Water Act: Three Cases Revisited

ELR Article

Cooperative federalism varies widely from program to program, and depends on the relationship each statute prescribes. The Clean Water Act (CWA), while providing ample room for state participation, is heavily federal and leaves little...

Nutrients in the Courts: Cooperative Federalism Entangles EPA Actions on Nitrogen and Phosphorus

ELR Article

For over a decade, the regulation of nutrients (nitrogen and phosphorus) under the Clean Water Act has been a focus of the U.S. Environmental Protection Agency's (EPA's) attention. Now, it is a focus of litigation. Hypoxia in the Gulf...