Kaswan, Alice --- "Cooperative federalism and adaptation" [2015] ELECD 1546; in Robbins, Kalyani (ed), "The Law and Policy of Environmental Federalism" (Edward Elgar Publishing, 2015) 188

Book Title: The Law and Policy of Environmental Federalism

Editor(s): Robbins, Kalyani

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783473618

Section: Chapter 9

Section Title: Cooperative federalism and adaptation

Author(s): Kaswan, Alice

Number of pages: 23

Abstract/Description:

Climate change impacts will be felt throughout the physical world with pervasive environmental, economic and social consequences at the local, state and federal level. In this chapter, I review their multiscalar nature and then elaborate the federalism values that shape governance choices, including pragmatic effectiveness, democratic legitimacy, and individual liberty and prevention of tyranny. I then argue that cooperative federalism regimes can best bridge the multiscalar nature of adaptation challenges and satisfy key federalism values. Although no one model can govern adaptation across the wide array of affected legal regimes, I identify generic types of federal requirements and federal support functions that could guide and facilitate state and local efforts. Lastly, I provide several examples of existing programs that can and do incorporate adaptation, such as coastal planning and disaster management, and identify contexts, such as land use and water policy, in which existing reliance on state and local initiative would benefit from a greater federal role.