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State/Federal Relations

Cooperation or Coercion on Climate: Is the EPA Trying to Deputize the States? - Podcast

Federalism & Separation of Powers Practice Group Podcast
Michael S. Greve, Mario Loyola, Bryan W. Shaw August 04, 2014

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.

  • Prof. Michael S. Greve, George Mason University School of Law
  • Mario Loyola, Senior Fellow, Texas Public Policy Foundation
  • Dr. Bryan W. Shaw, Chairman, Texas Commission on Environmental Quality

Public Land Controversy: The States v. The Federal Government - Podcast

Environmental Law & Property Rights and Federalism & Separation of Powers Practice Groups Podcast
Donald J. Kochan, David Garbett June 25, 2014

public lands mapControversies 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?

  • Hon. Ken Ivory, State Representative, Utah House of Representatives
  • Prof. Donald J. Kochan, Professor of Law, Chapman University School of Law
  • Carl Graham, Director, Center for Self-Government in the West, Sutherland Institute
  • David Garbett, Staff Counsel, Southern Utah Wilderness Alliance

Keynote Remarks by Senator Sheldon Whitehouse and Commissioner Rachel Barkow - Event Audio/Video

Criminal Law and the Administrative State: Defining and Enforcing Regulatory Crimes
Sheldon Whitehouse, Rachel Barkow, Caroline Fredrickson, William N. Shepherd June 11, 2014

Rachel BarkowThe 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.

Keynote Remarks
5:15 PM

  • Hon. Sheldon Whitehouse, United States Senator (RI)
  • Introduction: Caroline Fredrickson, President, American Constitution Society
     
  • Hon. Rachel E. Barkow, United States Sentencing Commison
  • Introduction: William N. Shepherd, Partner, Holland & Knight LLP

Hart Senate Office Building
Washington, DC

Keynote Remarks by Senator Mike Lee - Event Audio/Video

Criminal Law and the Administrative State: Defining and Enforcing Regulatory Crimes
Michael S. Lee, William N. Shepherd June 11, 2014

Mike S. LeeThe 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 Mike Lee of Utah delivered some keynote remarks during the workshop.

Keynote Remarks
3:30 PM

  • Hon. Michael S. Lee, United States Senator (UT)
  • Introduction: William N. Shepherd, Partner, Holland & Knight LLP

Hart Senate Office Building
Washington, DC

Defining Regulatory Crimes - Event Audio/Video

Criminal Law and the Administrative State: Defining and Enforcing Regulatory Crimes
Matthew Lee Weiner, Susan R. Klein, John G. Malcolm, Daniel Richman, George J. Terwilliger III, Ronald A. Cass, Lee Liberman Otis June 11, 2014

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". This panel on "Defining Regulatory Crimes" was recorded on May 13, 2014, at the Hart Senate Office Building in Washington, DC.

Introduction
2:00 PM

  • Matthew Weiner, Executive Director, Administrative Conference of the United States

Panel One: Defining Regulatory Crimes
2:00 PM

  • Susan R. Klein, UT Austin School of Law
  • John Malcolm, Heritage Foundation
  • Daniel C. Richman, Columbia University
  • George Terwilliger III, Morgan Lewis
  • Moderator: The Hon. Ronald Cass, Cass & Associates
  • Introduction: Hon. Lee Liberman Otis, Senior Vice President & Faculty Division Director, The Federalist Society

Hart Senate Office Building
Washington, DC