ICYMI: Sen. Cramer Pens Essay in Harvard Journal of Law & Public Policy Honoring Former ND Attorney General Stenjehem on Restoring States' Rights & Adhering to Cooperative Federalism in Environmental Policy

Statement

U.S. Senator Kevin Cramer (R-ND), member of the Senate Environment and Public Works Committee, penned an essay for the Harvard Journal of Law & Public Policy on restoring states' rights and adhering to cooperative federalism in environmental policy. In the essay, Senator Cramer examines the Clean Air Act, specifically Section 111(d), the Clean Water Act, Waters of the United States, and the Water Supply Rule.

"In my ten years as a state regulator, six years as a U.S. House member, and now three years as a U.S. Senator, I have seen time and again the imposition of the federal government's mediocrity on North Dakota's excellence," wrote Senator Cramer.

"Over the years, cooperative federalism has been understood as the relationship between the states and the federal government, with heavy deference towards the latter. Common sense would infer this to mean states should cooperate with the federal government when in reality the foundation of federalism is the exact opposite. In theory, cooperative federalism and environmental policy should peacefully and easily coexist," continued Senator Cramer.

"Environmental statutes have been repeatedly used by administrations to federalize natural resources policy. This enables not-so-thinly-veiled federal power grabs under the guise of protecting the environment. Restoring the rightful place of cooperative federalism requires a major re-prioritization of responsibilities of the Legislative and Executive Branches. Legislators must be tasked with more prescriptive lawmaking to precisely define congressional intent. This, in turn, will provide better direction to Executive Branch agencies to execute their mission in the absence of an emboldened bureaucracy," concluded Senator Cramer.

Senator Cramer dedicated the essay to late North Dakota Attorney General Wayne Stenehjem.

Click here to read the pre-publication version of the essay.

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