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Environmental Law

Federalism

Faculty Publications

2006

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When Is Two A Crowd: The Impact Of Federal Action On State Environmental Regulation, Jonathan H. Adler Jan 2006

When Is Two A Crowd: The Impact Of Federal Action On State Environmental Regulation, Jonathan H. Adler

Faculty Publications

This article seeks to identify the ways in which federal actions can influence state regulatory choices in the context of environmental policy. The federal government may directly influence state policy choices by preempting state policies or by inducing state cooperation through the use of various incentives and penalties for state action. The federal government may indirectly, and perhaps unintentionally, influence state policy choices as well. Federal policies may encourage greater state regulation by reducing the costs of initiating regulatory action or by placing issues on state policy agendas. Federal regulation may also discourage or even "crowd-out" state-level regulatory action by ...