Federalism refers to the proper allocation of authority between the national, or “federal,” government, on one hand, and its state, local, and regional counterparts, on the other. Congress often opts to share responsibility for environmental protection with the states—for instance, states may assume the power to implement and enforce permit programs, or they may choose to administer concurrent programs under state law, still subject to federal oversight. The resulting balance of power is complex, but federal-state partnerships have proven durable and effective in combating environmental degradation. However, anti-regulatory proponents—often invoking the rhetoric of “states’ rights”—continue to attempt to narrow the federal oversight role and to lower standards and enforcement beneath the floor established by federal law.
Alaska Department of Environmental Protection v. Environmental Protection Agency (2004) - Clean Air Act
Bragg v. West Virginia Coal Association (2001) - Surface Mining Control and Reclamation Act
Rhode Island Department of Environmental Management v. United States (2002) - Solid Waste Disposal Act
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