Federalism, AI, and the Environment

Legal Planet: Environmental Law and Policy 2025-12-16

Summary:

State authority isn’t unlimited, but current legal doctrines give it broad scope. So, apparently, does national politics, given that Congress recently rejected a proposal to preempt state AI laws and has never seriously considered preempting state climate laws.As we all know, Congress has found it extraordinarily difficult to enact legislation on major issues. The executive branch, under the Supreme Court’s “major questions doctrine,” lacks the power to fill the gap. That leaves only the states to save us from paralysis when major new issues arise. That may not be ideal, but it’s better than nothing.

Link:

https://legal-planet.org/2025/12/16/federalism-ai-and-the-environment/

From feeds:

Berkeley Law Library -- Reference & Research Services » Legal Planet: Environmental Law and Policy

Tags:

administration

Authors:

Dan Farber

Date tagged:

12/16/2025, 16:53

Date published:

12/16/2025, 10:52