FROM SHARED POWERS TO SHARED PLANET: THE EVOLUTION OF ENVIRONMENTAL FEDERALISM

Abstract

As the phenomenon of climate change exacerbates ecological susceptibilities and surpasses territorial demarcations, conventional interpretations of federalism—rooted in the distribution of shared powers amongst different governmental tiers—are increasingly subjected to scrutiny. This chapter investigates the progression of environmental federalism, transitioning from a constitutional framework primarily focused on jurisdictional competence to a responsive paradigm for governing a collectively inhabited planet. It posits that environmental federalism in the twenty-first century ought to be perceived not solely as a legal delineation of authority, but as an adaptive, collaborative, and multi-tiered system of climate governance. This chapter argues that twenty-first-century environmental federalism should be understood not just as a legal division of powers but as an adaptive, collaborative, and multi-level system of climate governance. It traces the institutional development of environmental federalism through comparative analysis of federal systems of state actors like India, the United States, and the European Union. The analytical study of their national policies adapted through international commitments reflect how climate change has reshaped intergovernmental relationships by requiring coordination, flexibility and innovation among federal, regional, and local actors. The chapter underscores the evolving roles of sub-national governments in climate mitigation and governance, emphasizing the growing importance of local level institutions as experimental sites for environmental preservations. By a thorough framework of judicial rulings, legislative discussions and collaborative forums across a plethora of jurisdictions, the chapter emphasizes how federations are generating new asymmetric models to mitigate climate risks while simultaneously respecting constitutional diversity. Significantly, the chapter aims to highlight a normative transition from the management of shared authorities to the stewardship of collective ecological responsibilities.