Miami, FL 33199
- Professor Robert Natelson, The Independence Institute
Join us on September 12 for the Washington, DC Lawyers Chapter Luncheon featuring The Honorable Patrick Morrisey, Attorney General of West Virginia. The cost is $15 for members of the Society and $20 for non-members. [Register now!]
It has been argued that EPA's recently announced carbon emissions rule is just the latest attempt to draw states into the implementation of its regulations. The Supreme Court has long been permissive of such "cooperative federalism" programs in both the regulatory and spending contexts, insisting in New York v. United States (1992) and Printz v. United States (1997) that such programs constitute mere "encouragement" not rising to the level of coercion or commandeering. But Texas's fight to resist being drawn into implementing EPA's greenhouse gas regulations suggests that federal "encouragement" can be deeply coercive, employing penalties against the state's economy that courts have no doctrine to account for.
Controversies over jurisdiction and management of public lands are building. Whether grazing rights disputes in Nevada or New Mexico, alarm over federal disinterest in long recognized local partnerships for management of multi-use lands, BLM review of millions of acres to balance factors like environmental justice, and complaints of forest maintenance hazards, states are increasingly concerned. Western states contend that return of public lands to state control would generate a North Dakota-like renaissance of jobs, access to resources, and economic activity. Several Western states are investigating the legal basis for challenging federal retention of these public multi-use lands as described in state charter enabling acts. The state of Utah now has statutory authority to sue the federal government for return of its lands in January, 2015. How sound is the legal case, and what are the economic implications for the Western states -- as well as the country in general? What are the environmental policy issues and is state stewardship of these lands best?
The Administrative Conference, together with The Federalist Society, the American Bar Association's Criminal Justice and Administrative Law and Regulatory Practice Sections, and the American Constitution Society, hosted a workshop entitled "Criminal Law and the Administrative State: Defining and Enforcing Regulatory Crimes". Senator Sheldon Whitehouse of Rhode Island and U.S. Sentencing Commissioner Rachel Barkow delivered some keynote remarks at the close of the workshop.
Hart Senate Office Building