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Rethinking the Federal-State Relationship

Cooperative federalism can lead to more efficient and pragmatic environmental protection, and allow states to develop effective programs tailored to their needs and resources. Nevertheless, the future of the federal-state relationship in the environmental context is uncertain as state and federal priorities come into conflict: for instance, EPA’s proposal to revoke California’s authority to regulate tailpipe emissions of greenhouse gases. Recent reports have begun a discussion on the future of cooperative federalism and environmental protection, but significant questions remain unanswered.

EQT Production Co. v. Jefferson Hills, Borough of

A state high court held that a borough council was allowed to consider residents' testimony regarding firsthand experiences with a natural gas extraction company's hydraulic fracturing facility in a neighboring township in a hearing on the company's conditional use application to construct and opera...

Oklahoma v. United States Environmental Protection Agency

A district court denied Oklahoma's motion to preliminarily enjoin EPA and the U.S. Army Corps of Engineers from enforcing their 2015 Clean Water Rule. The state sought to enjoin the 2015 Rule from being enforced until a final judgment was entered in the case. But the court found the potential harm f...

Texas v. United States Environmental Protection Agency

A district court granted states' and industry groups' motion for summary judgment in a challenge to EPA's and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. The states and groups argued that the final rulemaking violated the notice-and-comment requirements under the APA because the rulemak...