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48 Ecology L. Currents 1 (2021)

handle is hein.journals/ecolwcur48 and id is 1 raw text is: Networked Federalism: Subnational Governments in the Biden Era Craig Holt Segall* Introduction ..................................................................................................... . 1 I. Barriers to Federal Action Under the Biden Administration...........................2 II. The Subnational Infrastructure: More Than A Counterweight ................... 3 III. An Agenda for the Next Four Years ..........................................................7 A. Cease Undue Interference with Subnationals ............................. 7 B. Direct Affirmative Cooperation with States, Communities, and T rib es ........................................................................................ . . 8 C. Embed Climate and Public Health Metrics in Federal Grant Program s and Guidelines ............................................................ 9 D. Affirmatively Support Subnationals in the Paris Agreement Context .............................................................................................. . . 9 INTRODUCTION Subnational governments, working with non-governmental advocates, drove climate action during the Trump administration while rebuffing federal rollbacks. Under the Biden administration, focus may initially shift towards the federal government, but the subnational network is critical to continued progress on climate change. I use the term networked federalism to describe how a horizontal, interconnected, and polycentric collection of states, local governments, Tribes, and advocates provides the resilient frame needed to buttress national action. Indeed, this structure mirrors the successful structure of the Paris Agreement1-in which international action depends on subsidiary DOI: https://doi.org/10.15779/Z387W6765D. *. Craig Holt Segall is Assistant Chief Counsel of the California Air Resources Board, a Visiting Assistant Scholar at UCLA Law, and a Visiting Lecturer at the University of Edinburgh Law School. This essay was written in his personal capacity and does not necessarily reflect the views of his clients or employers. He can be reached at csegall@gmail.com. 1. By success here, I obviously do not mean that the Paris Agreement has, on its own, restored emissions to a safe path. But what it has done-and in notable contrast to prior efforts, like the Kyoto Protocols-is create a durable system for climate politics that is manifestly steadily increasing climate ambition, and which has proven resilient even to sustained political attack from the United States government during the Trump administration. For a thoughtful treatment of these points, and the multi- 1

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