Richard Frank Calls for a Return to Environmental Federalism

Daily Journal, April 9, 2009 by Richard M. Frank
http://www.dailyjournal.com/law/index.cfm (requires registration; go to G:\Law School in the News\News Clips for article)

“The early signs from the Obama administration seem promising for a new era of cooperative federalism in environmental policymaking. Two cautionary notes, however: First, we should not expect that tensions between the federal government and California over environmental and energy policy will disappear…. Second, while California’s environmental disputes with the executive branch of the federal government are abating, they may actually increase vis-á-vis Congress. As congressional leaders take up landmark climate change and energy legislation, there will undoubtedly be pressure from some quarters to pre-empt California’s pioneering regulatory efforts in those areas.