Can federalism’s flexibility recover endangered species?

The federal Endangered Species Act has generated a lot of conflict over the last 44 years, but has little to … More

Supreme Court should preempt state laws to save environmental federalism

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.