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Breaking Up With Dillion: A Practical Call For Virginia State & Local Government Law Reform, Karly Newcomb
Breaking Up With Dillion: A Practical Call For Virginia State & Local Government Law Reform, Karly Newcomb
William & Mary Environmental Law and Policy Review
States’ long-standing allegiance to the Dillon Rule stems from the theory that it prevents localities from passing unequal and corrupt laws. However, states with strict adherence to the Dillon Rule have stifled localities from addressing their own issues and priorities. Though the debates surrounding the Dillon Rule’s strengths and weaknesses have existed since its inception, the burdensome effects on a locality’s ability to serve and protect its citizens are constantly evolving. In particular, localities in Dillon Rule states have been unable to enact laws that directly address environmental issues, citing the Dillon Rule as their main obstacle.
Although lobbying Virginia …
Environmental Federalism As Forum Shopping, Cale Jaffe
Environmental Federalism As Forum Shopping, Cale Jaffe
William & Mary Environmental Law and Policy Review
Public policy advocates of all stripes—litigators, politicians, or newspaper columnists—invoke principles of federalism when they are imploring Congress to respect limits imposed by Article I, and when they are insisting that a state legislature accede to the supremacy of a duly enacted national law, invoking Article VI. Yet historically, application of the term, “federalism,” at least in the context of environmental law, has been driven far more by pragmatic considerations than constitutional ones.
This pragmatic approach should not be surprising because, at its core, federalism simply asks what is the right level of government to solve a given problem. After …