Has the Trump Administration made good on its pledges to reinvigorate cooperative federalism and constrain environmental regulatory overreach by the federal government? Perhaps less than one would think. This paper, prepared for the Hastings Law Journal symposium, “Revolution of Evolution? Administrative Law in the Age of Trump,” provides a critical assessment of the Trump Administration’s approach to environmental federalism. Despite the Administration’s embrace of “cooperative federalism” rhetoric, environmental policy reforms have not consistently embodied a principled approach to environmental federalism in which the state and federal governments are each encouraged to focus resources on areas of comparative advantage.


Keywords: Environmental protection, clean air act, clean water act, federalism, cooperative federalism, Environment

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Place of Original Publication

Hastings Law Journal

Publication Information

71 Hastings Law Journal 101 (2020)


COinS Jonathan H. Adler Faculty Bio