Land and water law review

Abstract

In the continuing battle against environmental degradation, it is crucial that the federal government work closely with the states to plan, then implement pollution abatement strategies. But despite the seriousness of the pollution problem, many states have balked at federally-imposed standards, proposals and deadlines. This article explores the history, nature and impact of the lack of cooperation that has taken place in the case of transportation controls under the Clean Air Act. It then goes on to discuss the techniques which constitutionally may, and may not, be used to force the states to comply with these and similar federal mandates, and develops an analytical framework based on a variety of recent cases which have affected the issue of federalism.

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