Federalism

The War Over Vehicle Emission Standards: Uncooperative Federalism?

October 25, 2019

In September, the war against stronger vehicle emission standards got real.  We went from two and a half years of escalating rhetoric between the Trump administration and California to dramatic federal action with potentially profound consequences.  The National Highway Traffic Safety Administration (“NHTSA”) and the U.S. Environmental Protection Agency (“EPA”) jointly issued new rules to…

Recent Case: Rosenberg Development Corp. v. Imperial Performing Arts, Inc.

March 18, 2019

Gone are the days of absolute sovereign immunity. The king can now (sometimes) do wrong. Governments today consent to liability and can have their immunity abrogated by superior powers. The Federal Tort Claims Act is an example of the former, while Title VII suits against states illustrate the latter. Because local governments are not sovereign,…