Federalism and the Environment: Environmental Policymaking in Australia, Canada, and the United States

Front Cover
Kenneth M. Holland, Frederick Lee Morton, Brian Galligan
Greenwood Publishing Group, 1996 - Science - 231 pages


This edited volume is a comprehensive examination of the legal framework in which environmental policy is fashioned in the major English-speaking federations--the United States, Canada, and Australia. The need for national solutions to environmental problems emerged long after the largest share of governmental power was allotted to states or provinces. This volume attempts to solve the paradox of how a country can have effective laws protecting the environment, vigorously enforced, when legislative and administrative powers are divided between two tiers of government.

The contributors analyze environmental lawmaking along three dimensions. Part I describes the formal constitutional allocation of powers between states or provinces and the federal government, concluding that on paper environmental protection is essentially a local responsibility, although the reality is far different. In Part II the contributors explore the extent to which governments resort to informal negotiations among themselves to resolve environmental disputes. Part III is a thorough canvassing of the judiciary's role in making environmental policy and resolving disputes between levels and branches of government. In Australia and Canada, the courts play a relatively less important role in formulating policy than in the United States. In conclusion, the work shows that the level of environmental protection is relatively high in these three federations. Environmental politics, the work suggests, may be less divisive in federations than in unitary systems with comparable levels of development.

 

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Contents

The Constitutional Division of Powers with Respect to the Environment in the United States
19
The Constitutional Division of Powers with Respect to the Environment in Canada
37
The Constitutional Division of Powers with Respect to the Environment in Australia
55
Intergovernmental Relations and Environmental Protection
77
Intergovernmental Costs and Coordination in US Environmental Protection
79
Intergovernmental Relations and the Politics of Environmental Protection in Canada
103
Thinking Globally and Acting Federally Intergovernmental Relations and Environmental Protection in Australia
135
Environmental Policymaking The Role of the Courts
157
The Role of the Courts in the Making and Administration of Environmental Policy in the United States
159
Courts Tribunals and the Environment in Canada
185
Environmental Policymaking in Australia The Role of the Courts
205
Index
225
About the Editors and Contributors
229
Copyright

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Page 21 - This power, like all others vested in congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the constitution.
Page 26 - where compliance with both federal and state regulations is a physical impossibility..., " Florida Lime & Avocado Growers, Inc. v. Paul, 373 US 132, 142-143 (1963), or where the state " law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.
Page 26 - The scheme of federal regulation may be so pervasive as to make reasonable the inference that Congress left no room for the States to supplement it. ... Or the Act of Congress may touch a field in which the federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject.
Page 25 - States declares that congress shall have power to dispose of, and make all needful rules and regulations respecting, the territory and other property belonging to the United States.
Page 25 - The President shall have the power, by and with the advice and consent...

About the author (1996)

KENNETH M. HOLLAND is Professor of Political Science the University of Memphis./e His published works include Comparative Politics in the New World Order, Law and Politics: The Political Role of Courts in the United States, Judicial Activism in Comparative Perspectives, The Political Role of Law Courts in Modern Democracies, and articles appearing in Justice System Journal, Law and Policy Quarterly, Quebec Studies, and Canadian Journal of Law and Society.

F. L. MORTON is Professor of Political Science at the University of Calgary. He is the author of Pro-Choice v. Pro-Life: Abortion and the Courts in Canada, and Charter Politics (with Rainer Knopff) as well as articles in Canadian Journal of Political Science, Pouvoirs, Polity, and Publius.

BRIAN GALLIGAN is Professor of Political Science at the University of Melbourne. His publications include Politics of the High Court, Utah and Queensland Coal, Beyond the Protective State, and A Federal Republic: Australia's Constitutional System of Government.

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