2005
DOI: 10.1093/publius/pji004
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The Evolving Matrix of Environmental Federalism and Intergovernmental Relationships

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Cited by 29 publications
(15 citation statements)
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“…Primary enforcement responsibility (“primacy”) for clean air and other forms of environmental protection rests with state agencies—not the U.S. Environmental Protection Agency. Federal enforcement power is not granted to a state agency unless that agency meets a federal requirement; that is, the agency must prove that it has the legal authority to enforce federal law (Crotty 1987; Scheberle 2004, 2005; Zimmerman 2005). This is similar to the substantial equivalency requirement in housing discrimination 2 .…”
mentioning
confidence: 99%
“…Primary enforcement responsibility (“primacy”) for clean air and other forms of environmental protection rests with state agencies—not the U.S. Environmental Protection Agency. Federal enforcement power is not granted to a state agency unless that agency meets a federal requirement; that is, the agency must prove that it has the legal authority to enforce federal law (Crotty 1987; Scheberle 2004, 2005; Zimmerman 2005). This is similar to the substantial equivalency requirement in housing discrimination 2 .…”
mentioning
confidence: 99%
“…While meaningful front‐end participatory mechanisms continue to be largely absent from administrative natural resource decision making, citizens often find redress through participation in judicial outlets. As highlighted by Scheberle () and Rasband et al (), litigation is a key component of delegated federalist systems, and serves as a check on the power of centralized authorities. The use of legal outlets can act as an important accountability mechanism, giving citizens the opportunity to ensure that laws are being enforced effectively and equitably (Rasband et al, ).…”
Section: Wildlife‐related Participation In the Us Federal Contextmentioning
confidence: 99%
“…In an ideal complementary or collaborative approach, the federal government would view the experience of the states as 'policy experiments', using them as part of a rationalization process in moving toward federal policy. However the last two decades of environmental federalism have witnessed periods of both collaboration and conflict, with conflict describing the most recent scenario of EPA lawsuits, concentrated decision-making in the federal executive branch, and disproportionate transfer funding for environmental policy implementation (Scheberle, 2005;Rabe 2007). For example, rather than pursue the consent of Congress through an interstate compact, the Regional Greenhouse Gas Initiative has settled for a memorandum of understanding between states monitored by a non-profit entity (Rabe, 2008).…”
Section: Future Options For the American Statesmentioning
confidence: 99%