My testimony will discuss why reducing the federal

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Unformatted text preview: uld be suboptimal tax rates but superoptimal levels of regulation. n607 The theory persists, despite its flaws, because it is reasonable to assume that jurisdictions will seek to create a comparatively more attractive investment climate in order to better compete economically. Insofar as environmental regulations impose significant economic burdens on existing and prospective economic actors in a given area, it is also reasonable to expect jurisdictions to act so as to lessen such burdens. n608 Recent empirical work suggests that this is in fact the case as government officials acknowledge efforts to reduce the economic pinch of environmental regulation for economic purposes. Yet for this to prove the race to the bottom hypothesis, it is necessary to further assume that reducing the economic cost of environmental regulation necessarily reduces the level of environmental protection. While such a conclusion may be justified in certain contexts, it cannot be assumed across the board. As not all environmental protection measures produce equivalent levels of environmental protection at equivalent costs, it should be possible for many jurisdictions to reduce the economic cost associated with environmental measures without sacrificing environmental quality. n610 In addition, it is important to recognize that many states compete for citizens by seeking to improve their environmental performance. Because many people may be more likely to move to a state with high levels of environmental quality, this creates pressure for states to adopt more protective environmental policies. In practice, the race to the bottom has not been observed in environmental policy. As already noted, state and local governments often regulated well before the federal government became involved. While this fact alone does not disprove the race to the bottom thesis - such state regulations could still have been suboptimal when compared to the federal alternative or some theoretical ideal - they demonstrate that competitive pressures do not preclude effective state regulation. More significantly, where the race to the bottom thesis has been directly tested in the context of wetlands, the pattern of state regulation has been precisely the opposite of what the theory would predict. 18 | P a g e States CP BDL Answers to: States Are Racist [____] [____] Claims of state racism are a myth ---- Courts will block Timothy Zick, Associate Professor of Law at Saint Johns, 2004 (William and Mary Law Review, v46 i1 p213(131) Statehood as the new personhood: the discovery of fundamental "states' rights") Perhaps it was not institutional incompetence or necessity that led the Garcia Cou rt to purport to leave the federalism area, and that has led the Court more generally to avoid, at least until recently, an expansive rights regime for states. Perhaps, as Baker and Young contend, individual rights like abortion and sexual privacy are simply "normatively more attractive than states' rights." After all, the phrase "states' rights," for many, conjures a host of neg...
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