Federalism and the environment : environmental policymaking in Australia, Canada, and the United States
Author(s)
Bibliographic Information
Federalism and the environment : environmental policymaking in Australia, Canada, and the United States
(Contributions in political science, no. 368)
Greenwood Press, 1996
Available at 24 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references and index
Description and Table of Contents
Description
This edited volume is a comprehensive examination of the legal framework in which environmental policy is fashioned in the major English-speaking federations-the United States, Canada, and Australia. The need for national solutions to environmental problems emerged long after the largest share of governmental power was allotted to states or provinces. This volume attempts to solve the paradox of how a country can have effective laws protecting the environment, vigorously enforced, when legislative and administrative powers are divided between two tiers of government.
The contributors analyze environmental lawmaking along three dimensions. Part I describes the formal constitutional allocation of powers between states or provinces and the federal government, concluding that on paper environmental protection is essentially a local responsibility, although the reality is far different. In Part II the contributors explore the extent to which governments resort to informal negotiations among themselves to resolve environmental disputes. Part III is a thorough canvassing of the judiciary's role in making environmental policy and resolving disputes between levels and branches of government. In Australia and Canada, the courts play a relatively less important role in formulating policy than in the United States. In conclusion, the work shows that the level of environmental protection is relatively high in these three federations. Environmental politics, the work suggests, may be less divisive in federations than in unitary systems with comparable levels of development.
Table of Contents
Preface Introduction by Kenneth M. Holland Environmental Policymaking: The Constitutional Division of Powers The Constitutional Division of Powers with Respect to the Environment in the United States by Edward A. Fitzgerald The Constitutional Division of Powers with Respect to the Environment in Canada by F. L. Morton The Constitutional Division of Powers with Respect to the Environment in Australia by Cheryl Saunders Intergrovernmental Relations and Environmental Protection Intergovernmental Costs and Coordination in U.S. Environmental Protection by John Kincaid Intergovernmental Relations and the Politics of Environmental Protection in Canada by Grace Skogstad Thinking Globally and Acting Federally: Intergovernmental Relations and Environmental Protection in Australia by Aynsley Kellow Environmental Policymaking: The Role of the Courts The Role of the Courts in the Making and Administration of Environmental Policy in the United States by Kenneth M. Holland Courts, Tribunals, and the Environment in Canada by Rainer Knopff and J. E. Glenn Environmental Policymaking in Australia: The Role of the Courts by Georgina Lynch and Brian Galligan Index
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