Revitalizing environmental federalism.

Michigan Law Review, December, 1996 by Esty, Daniel C.

Scholars advocating decentralization of environmental policymaking and enforcement authority should consider a multitier approach that combines the advantages of both centralization and decentralization. The nature of environmental concerns and their capacity to affect third parties suggests that local regulation may not suffice. State and local governments will rarely have the resources to investigate health risks in a thorough manner. Local regulation also poses the risk of a race to the bottom as environmental regulations are loosened to attract businesses.

INTRODUCTION

Politicians from Speaker Newt Gingnch to President Bill Clinton, cheered on by academics such as Richard Revesz, are eagerly seeking to return authority over environmental regulation to the...

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