Restoring States’ Rights & Adhering to Cooperative Federalism in Environmental Policy Essay in the Harvard Journal of Law & Public Policy -…

WASHINGTONU.S. Senator Kevin Cramer (R-ND), member of the Senate Environment andPublic Works Committee, penned an essay for the Harvard Journal of Law &Public Policy on restoring states rights and adhering to cooperativefederalism in environmental policy. In the essay, Senator Cramer examines theClean Air Act, specifically Section 111(d), the Clean Water Act, Waters of theUnited States, and the Water Supply Rule.

Inmy ten years as a state regulator, six years as a U.S. House member, and nowthree years as a U.S. Senator, I have seen time and again the imposition of thefederal governments mediocrity on North Dakotas excellence,wroteSenator Cramer.

Overthe years, cooperative federalism has been understood as the relationshipbetween the states and the federal government, with heavy deference towards thelatter. Common sense would infer this to mean states should cooperate with thefederal government when in reality the foundation of federalism is the exactopposite. In theory, cooperative federalism and environmental policy shouldpeacefully and easily coexist,continued Senator Cramer.

Environmentalstatutes have been repeatedly used by administrations to federalize naturalresources policy. This enables not-so-thinly-veiled federal power grabs underthe guise of protecting the environment. Restoring the rightful place ofcooperative federalism requires a major re-prioritization of responsibilitiesof the Legislative and Executive Branches. Legislators must be tasked with moreprescriptive lawmaking to precisely define congressional intent. This, in turn,will provide better direction to Executive Branch agencies to execute theirmission in the absence of an emboldened bureaucracy,concluded SenatorCramer.

SenatorCramer dedicated the essay to late North Dakota Attorney General WayneStenehjem.

Clickheretoreadthe pre-publication version of theessay.

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Restoring States' Rights & Adhering to Cooperative Federalism in Environmental Policy Essay in the Harvard Journal of Law & Public Policy -...