When Is Two a Crowd: The Impact of Federal Action on State Environmental Regulation

Up until the 1970s, environmental protection largely consisted of a patchwork of state laws, local ordinances and common law nuisance protections. By the late 1960s, state and local governments had adopted various environmental measures. Nonetheless, there was a general perception that they were unable or unwilling to address most environmental concerns. Congress responded with an array of environmental statutes that reoriented the federal-state relationship in environmental law. The federal government assumed the dominant role in national policy-making. States continue their environmental protection efforts, but they are largely overshadowed by the federal government.