The Supreme Court's Opportunity to Restore Horizontal Federalism
Can one state’s law regulate another state’s natural environment? It’s an issue in the headlines and in the Supreme Court this week, but it’s also a problem practically as old as the rivers. The court can draw on more than a century of the law governing interstate waters to answer some of the key questions.
TL;DR
- The Supreme Court is considering a case on whether state law can regulate climate change, an issue with interstate and international implications.
- Plaintiffs argue that when federal law displaces federal common law, state law should apply.
- The article contends that issues crossing state lines, like air and water pollution, are inherently federal matters.
- Historical water disputes between states, resolved by the Supreme Court under federal law, are cited as precedent.
- The core argument is that no single state can regulate cross-border environmental issues, as these problems fall under national governance.