The firm constitutional foundation and shaky political future of environmental cooperative federalism

The nation’s environmental protection statutes were built on a foundation of cooperative federalism which assigns to each sovereign implementation and enforcement roles. Litigants have long claimed that these statutes conflict with federalism principles, but the courts have largely disagreed. The Roberts Court has invited new challenges based on federal spending limits, but most environmental laws will likely survive. The biggest challenge comes from the Trump administration, which has coupled retrenchment of federal authority with withdrawal of state financial support. It may even seek to block protective state programs. Its devotion to devolution seems limited to policies that weaken environmental regulation.