Home
/
RELIGION & LIBERTY ONLINE
/
Federalism and the EPA
Federalism and the EPA
Jan 26, 2026 12:58 PM

There’s a lingering issue that continues to bother me about the so-called “global warming” Supreme Court case from 2007, Massachusetts v. EPA (05-1120), and that is a nagging concern about federalism and environmental standards.

As it stands currently, individual states are often prevented from enacting tougher legislation or regulation regarding some forms of pollution than the federal EPA standards. In order for a state EPA to partner with the federal EPA, be “authorized,” and thus receive funds, “a state must have enforcement programs and statutes that are essentially as stringent as the federal programs.”

One basic argument that the court found cogent in the Mass. v. EPA case was that individual states were prevented from creating standards that were more stringent regarding CO2 emissions than the EPA, and that since the EPA had not enacted any serious level of restriction, the states were unable to protect their environment.

This bothers me in part because one of my basic political impulses is a federalist one, an emphasis on the rights and sovereignty of individual states. The relationship between the federal and state environmental agencies seems to me to be fundamentally tyrannical, in that it overrides the ability of states to regulate themselves on these matters.

If you coopt the sovereignty of someone and then let your responsibilities lapse, then you mitted a pretty serious injustice. In 2007, the state of California sued to get the EPA to allow it to enact cleaner air standards, a right supposedly granted under the Clean Air Act. The EPA needed to agree to the tougher standards by granting a waiver, which it declined to do.

So there’s that political concern. But there’s also an economic concern, and this cuts both ways. Most often the federal government invokes merce clause to argue that it is within its rights and responsibilities to promote economic trade and stability by enacting nationwide standards. But in the case of environmental standards, that economic argument might not always be salient.

In a recent New York Times column, Tom Friedman calls for “a national renewable energy standard that would require every utility in the country to produce 20 percent of its power from clean, non-CO2-emitting, energy sources — wind, solar, hydro, nuclear, biomass — by 2025.” Friedman repeats the typical argument justifying national standards: “About half the states already have these in place, but they are all different. It would create a huge domestic pull for renewable energy if we had a uniform national mandate.”

John Whitehead, blogging at Environmental Economics, gives expression to the basic economic and political concern I had about the Massachusetts v. EPA decision as well as proposals for national mandates on environmental standards:

Most every environmental economics textbooks explain why uniform national standards are inefficient. Since benefits and costs are regionally different, it makes sense to adopt non-uniform standards — if standard adopting is a must.

Why not give federalism free reign on environmental issues, let pete against each other, and see how things play out? If California wants to experiment with enacting tougher restrictions while attempting to remain petitive, why not see if the state is able to pull it off?

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Christianity and the ‘Triumph of Modernity’
Samuel Gregg recently reviewed Rodney Stark’s new book, How the West Won: The Neglected Story of the Triumph of Modernity. Gregg begins by pointing out that discussion of Medieval Europe “is invariably understood as a period of unmitigated darkness–so much so that words like “feudal” are used today, even by many well-informed Catholics, as synonyms for backwardness.” How the West Won seeks to analyze as well as mon misunderstandings and myths about how the West developed. Stark begins his argument...
North Korea: ‘Time Has Come to a Standstill’
North Korea has lately been featured in dozens ofnews articles about a recent United Nations report on human rights abuses and now thanks to a new photo from NASA. The photo above wasjust released — taken from the International Space Station. While the surrounding countries are twinkling with light, North Korea pletely blacked out save for a small dot that is Pyongyang. U.S. News & World Report lists some of the unpleasant facts of life in North Korea, including frequent...
How Property Rights Protect Widows and Orphans in Uganda
“In this part of the country, land is life,” says a young Ugandan woman. “Good dreams are about your land.” But widows and orphans are often denied access to their own land because of “property grabbing.” As Jesse Rudy, the International Justice Mission Director in Uganda explains, property grabbing occurs when a man dies in Uganda and his relatives force the widow and her children off of their land, claiming it as ancestral “family land” disowning the widow from the...
Uber Cab Driver: ‘I Feel Emancipated’
On-demand ride-sharing services such as Uber and Lyft are on the rise, allowing smartphone users to request cab drivers with the touch of a button. But though the services are popular with consumers and drivers alike, they’re finding less favor among their petitors and the unions and government bureaucrats who protect them. Calling for increased regulation, entrance fees, and insurance petitors are grappling to retain their privileged, insulated status. In Miami-Dade County, an area with particularly onerous restrictions and regulations,...
Cakes, Conscience, and Christian Stewardship
I have already weighed in on the recent hubbub over whether bakers, florists, and photographers should pelled by law to serve ends they deem unethical and in violation of their consciences. Over at First Things, Eric Teetsel of the Manhattan Declaration offers some helpful embellishment on that last bit — conscience — arguing that Christians ought to be far less blind and arbitrary when es to the shape and scope of their stewardship and service. As for the case at...
The Crazy Alternative Lifestyle of Marriage and Children
I have five kids. I thought I was sane, but apparently, I’m living a crazy alternative lifestyle. Freestyle halfpipe skier David Wise won gold at Sochi. NBC, rather than being impressed with his world-class athleticism, focused on his “alternative lifestyle.” You see, Wise is married to Alexandra, and they have a young son. Wise is also considering ing a pastor. San Diego Chargers quarterback Phillip Rivers has had his critics in terms of his play, but there are also critics...
And Here I Thought Bullying Was Wrong: Gary Peters Bullies Cancer Patient, TV Stations
The Department of Health and Human Services, under the direction of Kathleen Sebelius and the Obama administration, has a website aimed at stopping bullies: StopBullying.gov. While it has pages for parents, kids, educators and munity members, it apparently needs to add a page for politicians. Michigan resident Julie Boonstra is currently featured in a mercial funded by Americans for Prosperity. Boonstra suffers from leukemia, and lost her health insurance due to the Affordable Care Act. She calls out Democratic Senate...
Radio Free Acton: Wesley J. Smith on Human Exceptionalism
Are you special? Do you have intrinsic dignity? Are “human rights” something that you have by virtue of the fact that you’re a human being, or are you no different from any other creature on the planet? These are all vitally important questions, the answers to which will shape the way you view yourself and other people, and deeply impact the sort of society that you attempt to build. On this edition of Radio Free Acton, Paul Edwards talks with...
Explainer: What’s Going on in Venezuela?
What’s going on in Venezuela? A wave of anti-government demonstrations has been sweeping through Venezuela since early February. There have been at least 13 people been killed, 150 injured, and over 500 arrested. Where exactly is Venezuela? Venezuela is a country on the northern coast of South America that borders Columbia, Brazil, and Guyana. The Caribbean Sea is along the northern border. The country, which is nearly twice the size of California, is is one of the ten most biodiverse...
Samuel Gregg on ‘Pope Francis’s Money Man’
Over at Real Clear Religion, Acton’s director of research, Samuel Gregg discusses Pope Francis’s recent appointment of Cardinal George Pell to “Secretariat of the Economy.” The secretariat has authority over the economic activities of the Vatican City State and the Holy See. Gregg explains his take on Cardinal Pell and this appointment: It may well turn out to be the greatest challenge of his priestly life. You don’t need to watch the Godfather Part III to know that the Catholic...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved