And the Beat Goes On: Intergovernmental Mandates and Preemption in an Era of Deregulation

Abstract

For state and local governments, the 101st Congress (1989-1990) compiled a mixed record of intergovernmental regulation and preemption. Costly and intrusive mandates were enacted to combat air pollution, protect the rights of disabled persons, and provide medical assistance to the poor. At the same time, new restrictions were defeated in legislation affecting oil-spill liability and child care. This article reviews the issues and politics surrounding these enactments, and places them within the broader context ofintergovernmental regulatory trends during the 1980s. The past decade was characterized by increasing regulatory burdens imposed on states and localities, punctuated by occasional examples of regulatory relief and deferral.