Turning Power Over to States Won't Improve Protection for Endangered Species

by Alejandro Camacho | January 11, 2018

Professor Michael Robinson-Dorn of the University of California, Irvine co-authored this article with Center for Progressive Reform Member Scholar and University of California, Irvine Professor Alejandro Camacho. It originally appeared in The Conversation on January 11, 2018.

Since the Endangered Species Act became law in 1973, the U.S. government has played a critical role in protecting endangered and threatened species. But while the law is overwhelmingly popular with the American public, critics in Congress are proposing to significantly reduce federal authority to manage endangered species and delegate much of this role to state governments.

States have substantial authority to manage flora and fauna in their boundaries. But species often cross state borders, or exist on federal lands. And many states either are uninterested in species protection or prefer to rely on the federal government to serve that role.

We recently analyzed state endangered species laws and state funding to implement the Endangered Species Act. We concluded that relevant laws in most states are much weaker and less comprehensive than the federal Endangered Species Act. We also found that, in general, states contribute only a small fraction of total resources currently spent to implement the law.

In sum, many states currently are poorly equipped to assume the diverse responsibilities that the U.S. Fish and Wildlife Service and NOAA Fisheries ...

As EPA Embarks on Dangerous Experiment in Federalism, How Will States Respond?

by Evan Isaacson | March 20, 2017
In the early 1970s, Congress passed the Clean Air Act and Clean Water Act on nearly unanimous votes. The overwhelming support for these new laws reflected not only the horrific condition of America’s air, water, and landscape at the time, but also an appreciation of the collective action problem states faced, necessitating federal action. The major environmental laws that passed in the following years were predicated on the need to set a federal floor for environmental standards in order to ...

Environmental Federalism and Scott Pruitt -- We've Been Here Before

by Evan Isaacson | February 27, 2017
The ascension of Scott Pruitt as Administrator of the Environmental Protection Agency (EPA) ushers in a new chapter in the long story of cooperative federalism in the administration of U.S. environmental laws. Pruitt's words and actions as the Attorney General of Oklahoma suggest that, as much as any other issue, idea, or policy, federalism will be a recurring theme. But are the cries about federalism really about finding the proper balance of state and federal roles in implementation of our ...

Climate Legislation Federalism Choices: Reflections After Murkowski, Brown and in Anticipation of the Forthcoming Kerry-Graham-Lieberman Bill

by William Buzbee | April 01, 2010
Federalism battles over state roles under federal climate legislation may have appeared settled, but they are once again under debate. The previous leading bills–the Waxman-Markey bill passed by the House, and the Boxer-Kerry bill passed out of a committee in the Senate–lost momentum several months ago. After several months of legislative inaction, Senators Kerry, Graham, and Lieberman have been working on a new piece of climate legislation. After the senators’ comments indicated that this bill might broadly undercut state and ...

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