Jump to ContentJump to Main Navigation
Reorganizing GovernmentA Functional and Dimensional Framework$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM NYU Press SCHOLARSHIP ONLINE (www.nyu.universitypressscholarship.com). (c) Copyright University of NYU Press Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NYSO for personal use.date: 28 September 2021

The Functions of Overlapping Pollution Control Federalism

The Functions of Overlapping Pollution Control Federalism

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

Alejandro E. Camacho

Robert L. Glicksman

Publisher:
NYU Press
DOI:10.18574/nyu/9781479829675.003.0005

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

NYU Press Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.