Cooperative Federalism

October 16, 2017

EPA Administrator Pruitt Moves to Curtail Sue-and-Settle

EPA’s Administrator, Scott Pruitt, today took additional measures to reduce the number of “sue and settle” types of litigation filed by third parties against the Agency.  The practice of sue and settle has been criticized by such groups like the U.S. Chamber of Commerce which has characterized the practice as  [W]hen a federal agency agrees […]
September 30, 2017

States Champion Cooperative Federalism as New Environmental Paradigm

Many believe that the best way to maximize the protection of human health and the environment in a time of constrained resources is to elevate State and local agencies to full partners with their federal overseers. Taking full advantage of the expertise developed by such agencies over the forty-plus years since major air, water and […]
March 5, 2016

The Failure of Cooperative Federalism in Flint, Michigan

The Failure of Cooperative Federalism in Flint, Michigan By now, most everyone has been following the public health crisis that has unfolded in the community of Flint, Mich. For over a year now, the citizens of Flint have been drinking water with significantly elevated lead levels, raising serious concerns about the impacts of lead exposure […]
February 8, 2016

Is Flint Evidence of Government's Ineffectiveness in Regulating Government?

Linking to an article in today’s The Hill by two professors, one from Indiana University and the other from Texas A&M, who argue that the failure in Flint is due to the inability of government to regulate government.  Professors Konisky’s and Teodoro’s premise goes as follows: The ongoing crisis in Flint, Michigan is a spectacular […]
January 30, 2016

AWWA and Earth & Water quoted in BNA Bloomberg, Citing EPA Response in Flint Michigan

EPA Too Slow in Flint Crisis Response, Lawyers Say BNA Snapshot EPA’s Role in Flint, Mich., Water Crisis Takeaway: The EPA should have acted more quickly and aggressively in responding to lead contamination in Flint’s drinking water, several environmental lawyers said. Next Step: Ongoing investigations should determine whether there are legal and practical reasons for the EPA’s […]