An ELI Public Seminar
Over the past decade, there has been a growing discussion about the role of cooperative federalism in advancing environmental protection in the United States, as state governments increased their capacities for creating and enforcing environmental regulations. Under the second Trump Administration, the U.S. Environmental Protection Agency (EPA) expressed its renewed commitment to advancing cooperative federalism and its desire to partner with states to implement federal environmental laws. However, significant questions remained about the federal-state relationship and how both levels of government could align their priorities to advance and streamline environmental protection.
The Environmental Law Institute and esteemed panelists joined together for a conversation about the opportunities for cooperative federalism. They highlighted specific states and analyzed how their recent innovative approaches to environmental and energy policy intersected with federal environmental law. They also discussed other related topics, including how to ensure adequate funding in delegated and authorized primacy states, the importance of continued support through focused and foundational scientific research, the possibility of coordination on modernizing environmental protection – such as through responsible integration of AI into business processes, streamlining permitting, remote compliance evaluation, and more – and the potential nexus between the reduction in EPA’s workforce and a corresponding loosening of the oversight reins.
The program featured an opening keynote by retired U.S. Deputy Solicitor General Edwin Kneedler, who offered remarks on federalism and the role of states in the U.S. Supreme Court. Mr. Kneedler, who held the record for most arguments before the Supreme Court in the modern era, represented the United States in many of the most important cases in Environmental, Natural Resources, and Indian Law. ELI wished to recognize his lifetime contributions to the development of jurisprudence in these areas.
Ed Kneedler’s five decades of dedication to public service and rule of law is highlighted in this Environmental Forum column.
The Firestone Policy Forum honors the inspiring legacy of Judge Nancy Firestone (1951-2022), whose work as an attorney, policymaker, and judge left an indelible mark on the environmental law community.
Panelists:
Edwin Kneedler, former U.S. Deputy Solicitor General, U.S. Department of Justice, Opening Remarks
Jordan Diamond, President, Environmental Law Institute, Moderator
James Jennings, Director, Illinois Environmental Protection Agency
Shawn LaTourette, Commissioner, New Jersey Department of Environmental Protection
Julie Moore, Secretary, Vermont Agency of Natural Resources
David Paylor, former Director, Virginia Department of Environmental Quality