Jurisdictional Mismatch in Environmental Federalism

  title={Jurisdictional Mismatch in Environmental Federalism},
  author={Jonathan H. Adler},
  journal={Environmental Law \& Policy eJournal},
  • J. Adler
  • Published 1 July 2005
  • Political Science
  • Environmental Law & Policy eJournal
Jurisdictional mismatch plagues contemporary environmental law and policy. The division of authority and responsibility for environmental protection between the federal and state governments lacks any cohesive rationale or justification. The federal government regulates in many areas where there is no clear analytical basis for federal involvement. At the same time, the federal government is relatively absent where a stronger federal presence could be justified. Conversely, states are precluded… 
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