Recent research demonstrates the difficulties that federal systems of government may present for international treaty formation, a prime example being legally binding treaties aimed at harnessing global forests to regulate climate change. Some federal constitutions, such as the U.S. and Canadian constitutions, grant subnational governments virtually exclusive direct forest management regulatory authority for non-federally owned forests. With subnational governments controlling sixty-five percent of forests in the United States and eighty-four percent in Canada, the U.S. and Canadian federal governments may be constrained during international negotiations and unable to legally bind subnational governments to any agreement prescribing methods of utilizing these forests to combat climate change. These constraints are especially important since these two countries control fifteen percent of the world's forests. Decentralized forest policy in the U.S. and Canada certainly provides valuable benefits. Yet constitutional decentralization in federal systems should be more effectively balanced with global forest governance if that mechanism for addressing climate change is to be preserved in its most flexible form. Though a binding agreement has yet to materialize, and other increasingly touted mechanisms may be utilized to tackle climate change, it is imperative that world governments maintain every legal and policy tool at their disposal to address the problem. A recent comparative constitutional analysis of five federal systems controlling fifty-four percent of global forests determined that the United States and Canada lack two of the three key elements of federal constitutional structure that best facilitate a federal nation's ability to enter into and successfully implement an international climate agreement including forests while also preserving the recognized benefits of decentralized forest policy. This Article addresses how these constitutional deficiencies might be remedied to achieve more effective climate and forest governance. In other words, the Article explores mechanisms for establishing “Fail-safe Federalism” for forest management in the United States and Canada, by first highlighting the domestic nuances of both constitutional structure and forest policy in the two countries and next assessing whether top-down, bilateral, horizontal, or transnational approaches are the most effective mechanisms for forging Fail-safe Federalism within each.

Constitutions and the Commons looks at a critical but little examined issue of the degree to which the federal constitution of a nation contributes toward or limits the ability of the national government to manage its domestic natural resources. Furthermore it considers how far the constitution facilitates the binding of constituent states, provinces or subnational units to honor the conditions of international environmental treaties. While the main focus is on the US, there is also detailed coverage of other nations such as Australia, Brazil, India, and Russia. After introducing the role of constitutions in establishing the legal framework for environmental management in federal systems, the author presents a continuum of constitutionally driven natural resource management scenarios, from local to national, and then to global governance. These sections describe how subnational governance in federal systems may take on the characteristics of a commons – with all the attendant tragedies – in the absence of sufficient national constitutional authority. In turn, sufficient national constitutional authority over natural resources also allows these nations to more effectively engage in efforts to manage the global commons, as these nations would be unconstrained by subnational units of government during international negotiations. It is thus shown that national governments in federal systems are at the center of a constitutional 'nested governance commons,' with lower levels of government potentially acting as rational herders on the national commons and national governments potentially acting as rational herders on the global commons. National governments in federal systems are therefore crucial to establishing sustainable management of resources across scales. The book concludes by discussing how federal systems without sufficient national constitutional authority over resources may be strengthened by adopting the approach of federal constitutions that facilitate more robust national level inputs into natural resources management, facilitating national minimum standards as a form of "Fail-safe Federalism" that subnational governments may supplement with discretion to preserve important values of federalism.

This comprehensive, current examination of U.S. law as it relates to global climate change begins with a summary of the factual and scientific background of climate change based on governmental statistics and other official sources. Subsequent chapters address the international and national frameworks of climate change law, including the Kyoto Protocol, state programs affected in the absence of a mandatory federal program, issues of disclosure and corporate governance, and the insurance industry. Also covered are the legal aspects of other efforts, including voluntary programs, emissions trading programs, and carbon sequestration.

How should we strike a balance between the benefits of centralized and local governance, and how important is context to selecting the right policy tools? This uniquely broad overview of the field illuminates our understanding of environmental federalism and informs our policy-making future. Professor Kalyani Robbins has brought together an impressive team of leading environmental federalism scholars to provide a collection of chapters, each focused on a different regime. This review of many varied approaches, including substantial theoretical material, culminates in a comparative analysis of environmental federalism and consideration of what each system might learn from the others. The Law and Policy of Environmental Federalism includes clear descriptive portions that make it a valuable teaching resource, as well as original theory and a depth of policy analysis that will benefit scholars of federalism or environmental and natural resources law. The value of its analysis for real-world decision-making will make it a compelling read for practitioners in environmental law or fields concerned with federalism issues, including those in government or NGOs, as well as lobbyists.

A review of federal and decentralised systems of governance, and whether these facilitate or hinder climate change mitigation and adaptation.

This book explains how the U.S. federal system manages environmental health issues, with a unique focus on risk management and human health outcomes. Building on a generic approach for understanding human health risk, this book shows how federalism has evolved in response to environmental health problems, political and ideological variations in Washington D.C, as well as in-state and local governments. It examines laws, rules and regulations, showing how they stretch or fail to adapt to environmental health challenges. Emphasis is placed on human health and safety risk and how decisions have been influenced by environmental health information. The authors review different forms of federalism, and analyse how it has had to adapt to ever evolving environmental health hazards, such as global climate change, nanomaterials, nuclear waste, fresh air and water, as well as examining the impact of robotics and artificial intelligence on worker environmental health. They demonstrate the process for assessing hazard information and the process for federalism risk management, and subsequently arguing that human health and safety should receive greater attention. This book will be essential reading for students and scholars working on environmental health and environmental policy, particularly from a public health, and risk management viewpoint, in addition to practitioners and policymakers involved in environmental management and public policy.

With a long history and deep connection to the Earth’s resources, indigenous peoples have an intimate understanding and ability to observe the impacts linked to climate change. Traditional ecological knowledge and tribal experience play a key role in developing future scientific solutions for adaptation to the impacts. The book explores climate-related issues for indigenous communities in the United States, including loss of traditional knowledge, forests and ecosystems, food security and traditional foods, as well as water, Arctic sea ice loss, permafrost thaw and relocation. The book also highlights how tribal communities and programs are responding to the changing environments. Fifty authors from tribal communities, academia, government agencies and NGOs contributed to the book. Previously published in Climatic Change, Volume 120, Issue 3, 2013.