If Congress can only protect its choices by broadly preempting states laws, it will. And, in the long run, states will have less room to protect the environment than they would if courts continued to enforce the balance. That would be a significant blow to both federalism and the environment.
If red states must accept Congress’ decisions about federal lands, blue states do too.
If Republican states have to accept Congress’ decisions to restrict the use of federal lands, Democratic states have to accept decisions to encourage productive use of these lands.
In the wake of the election, there’s hope that environmentalists will discover the benefits of federalism to the environment. Those … More