Conjoint Federalism and Environmental Regulation in the United States

Many of the environmental laws enacted by Congress employ adistinctive blend of national and state authority. In theseconjoint arrangements, state authority is not totally preempted,but it is subordinated to national authority if states wishto participate in environmental regulation. Under normal circumstances,national and state authority are deployed concurrently in pursuitof environmental policy objectives. Conjoint arrangements aremuch more controlling of state action than the stimulative andfacilitative approach to intergovernmental program implementationcommonly associated with cooperative federalism. Despite nationalprimacy, in the bargaining that marks implementation processes,state officials may enjoy considerable influence. Although administrativelycumbersome and criticized from a variety of perspectives, conjointarrangements are not the major reasons for a slow rate of improvementin environmental quality. When the various options are considered,there are reasons to conclude that conjoint arrangements arethe most realistic means for attacking environmental problems,although questions remain about the appropriate balance of nationaland state authority in them.     

States of Environmental Justice: Redistributive Politics across the United States, 1993–2004

In the 20 years since a president committed federal government agencies to achieving environmental justice (EJ), states have been at the forefront of policy development. But states have varied in the nature and extent of their EJ efforts. We use Guttman Scaling to measure state EJ effort and test hypotheses regarding the relative importance of problem severity, politics, and administrative variables to variation in state policy development. Our analysis offers a novel characterization of state policy intensity and demonstrates its scalability. Income‐based problem severity, environmental group membership, and nonwhite populations were important predictors of state EJ policy intensity during our study period. The political geography of EJ policy also displayed a distinctive southern pattern and the EJ policy intensity model contrasted significantly with a model of environmental policy innovation. The findings suggest that state EJ politics are more indicative of redistributive policy than regulatory.