Cooperative Federalism and State Approaches to Environment and Energy

April 2026
Citation:
56
ELR 10091
Issue
2
Author
Shawn LaTourette, Julie Moore, James Jennings, David Paylor, and Edwin Kneedler

As state governments continue to increase their capacity for creating and enforcing environmental regulation, there has been growing discussion about the role of federalism in advancing environmental protection. Under the second Donald Trump Administration, the U.S. Environmental Protection Agency (EPA) expressed its renewed commitment to advancing cooperative federalism and its desire to partner with states; however, significant questions remain about how these two levels of government can align their priorities to both advance and streamline environmental protection. On October 7, 2025, ELI convened current and former state environmental officials for a discussion on cooperative federalism, how to ensure adequate funding in delegated and authorized primacy states, the importance of continuing to support focused and foundational scientific research, and the potential nexus between the reduction in EPA’s workforce and loosened oversight. Here we present a transcript of the discussion, which has been edited for style, clarity, and space considerations.

Jordan Diamond (moderator) is President of the Environmental Law Institute. Shawn LaTourette was Commissioner of the New Jersey Department of Environmental Protection from 2021-26. Julie Moore is Secretary of the Vermont Agency of Natural Resources. James Jennings is Director of the Illinois Environmental Protection Agency. David Paylor was Director of the Virginia Department of Environmental Quality from 2006-22. Edwin Kneedler was a U.S. Deputy Solicitor General from 1993-2025.