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Introduction: Hurricane Katrina Exposes Louisiana's Fragile Coastline. II. Louisiana and the Tidelands Controversy: A Historical Perspective. A. California I: The Federal Government Claims Dominion over Offshore Lands. B. Louisiana I: The State Loses its Claim to the Tidelands. C. Louisiana II: The State Loses Billions in Future Royalties. D. Louisiana V: The State Loses its Coastline Boundary Claim. E. Louisiana's Struggle for Cooperative Federalism in the Tidelands Oil Controversy. III. Blanco v. Burton: Louisiana Files Suit Against the Department of the Interior. A. The War of Words Leading to the Lawsuit. B. Frustrated Governor Sues the Federal Government. C. The Court's Decision. D. The Parties Negotiate a Settlement Agreement. IV. Solutions for the Future. A. Effective Use of...
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Bill would restore jurisdiction of state agencies over EPA in regards to Clean Water Act
WASHINGTON, July 14, 2011 /PRNewswire-USNewswire/ -- H.R. 2018, the Clean Water Cooperative Federalism Act sponsored by Representative John Mica (R-FL) and Representative Nick Rahall (D- WV), passed a floor vote in the U.S. House of Representatives Wednesday night with 239 votes in favor of the legislation. The bill asserts that states should have the primary responsibility for regulation of water resources within their borders, not the EPA. Passage of this bill is an attempt by Congress to reopen the permitting process for multiple industries that have been stuck in an EPA-imposed moratorium on state approved permits. As an example, nearly 200 mining permits have been trapped in EPA "limbo," withou...
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When an unresolved state-law question arises in federal court, the court may certify it to the relevant state court. The practice of certification from one court to another has been widely adopted and has been touted as "help[ing] build a cooperative judicial federalism." This Article proposes that states promote cooperative interbranch federalism by allowing federal agencies to certify unresolved state-law questions to state courts. It draws on Delaware's recent expansion of potential certifying entities to the Securities and Exchange Commission to argue that this innovation should be extended to other states and other federal agencies. Certification from federal agencies to state courts promotes cooperative interbranch federalism by preserving state control over certain primary conduc...
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I. INTRODUCTION II. CLIMATE CHANGE: A GLOBAL AND LOCAL PROBLEM WITH GLOBAL AND LOCAL SOLUTIONS A. State and Local Greenhouse Gas Emission Reductions C...
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... "frequently described as a model of 'cooperative federalism.' " Little Rock School Dist. v. Maun...
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1. INTRODUCTION
China and India are the major global growth stories of the past decade. Their size and their high growth rates imply that, if they c...
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... "State's dignity" within our system of federalism. . . The Nature of the States' Immunity . A g... to our constitutional system of cooperative federalism'' might arise and occasion a different ...
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The theory of cooperative federalism postulates that the relationship between the national government and the states is one in which:...
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In Defenders of Wildlife v. EPA, the Ninth Circuit Court of Appeals applied an exceptionally broad view of the reach of the federal Endangered Species...
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United States v. Oakland Cannabis Buyers' Cooperative, 532 U.S. 483 (2001).
I. INTRODUCTION
In United States v. Oakland Cannabis Buyers' Cooperati...