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Reorganizing GovernmentA Functional and Dimensional Framework$
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Alejandro Camacho and Robert Glicksman

Print publication date: 2019

Print ISBN-13: 9781479829675

Published to NYU Press Scholarship Online: January 2020

DOI: 10.18574/nyu/9781479829675.001.0001

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The Functions of Overlapping Pollution Control Federalism

The Functions of Overlapping Pollution Control Federalism

(p.77) Chapter 4 The Functions of Overlapping Pollution Control Federalism
Reorganizing Government

Alejandro E. Camacho

Robert L. Glicksman

NYU Press

Using the federal pollution control laws as examples, this chapter explores the significance of governmental function in understanding and prescribing overlapping authority. It begins by showing how characterizations of pollution control federalism have neglected functional jurisdiction, either by overlooking the extent of overlap entirely or, more recently, by overlooking the extent to which agencies' substantive and functional jurisdictions overlap. It then argues that assessments of pollution control federalism have routinely ignored the value of distinguishing among different regulatory functions in assessing the extent to which jurisdiction should overlap or be distinct. Finally, the chapter asserts that policymakers should systematically and explicitly distinguish among functions in deciding the extent to which authority should overlap. Focusing on functional jurisdiction thus provides opportunities to tailor the extent of overlap for each function to correspond to the concerns and opportunities that relate to the performance of that function.

Keywords:   federalism, functional jurisdiction, governmental function, overlapping authority, pollution control laws

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