Since 1972, the Environmental Protection Agency has regulated discharges of pollution to “waters of the United States.” The meaning of … More
Markets for clean water
Last month, the Environmental Protection Agency published a memo encouraging states, tribes, and local governments to look to markets for … More
How far upstream should federal regulation extend?
Yesterday, the Environmental Protection Agency and Army Corps of Engineers published their proposed rewrite of the “waters of the United … More
Can states inject more local knowledge into water permitting?
Many federal environmental laws seek to leverage local knowledge by inviting states and local governments to participate in the federal … More
The Avocado Toast Rebellion: California confronts the feds over federal land policy
Federal lands have long been a source of political conflict. In the 70s and 80s, the Sage Brush Rebellion challenged … More
We love federalism . . . until we don’t: committing to federalism would promote innovation, accountability, and hedge against national politics
Federalism—preserving the states’ independent policymaking role to promote innovation and democratic accountability—is a value embraced by people across the political … More
Can states be trusted to protect rare species?
Proposals for reforming the Endangered Species Act to rely more on state regulation and private incentives are usually met by … More
Is EPA head Pruitt a federalism hypocrite for criticizing California climate policy?
Federalism is not a facile commitment to “states-rights” no matter what states do. EPA Administrator Pruit’s criticism of California’s attempt to regulate beyond its borders is entirely consistent with a commitment to federalism.
Competition among states is the driving force behind environmental policy innovation
Just as competition leads to innovation in the economy, and crony capitalism leads to sluggishness, competition among states is the driving force behind environmental policy innovation.
How to promote federalism and reduce Clean Water Act abuse
The federal government should transfer permitting authority to states under the Clean Water Act 404 program.