Limitations on State Agency Authority to Adopt Environmental Standards More Stringent than Federal Standards: Policy Considerations and Interpretational Problems
63 Pages Posted: 29 Apr 2010
Date Written: 1995
Some state legislatures have reacted to federal delegation of environmental regulatory authority by enacting legislation to authorize state regulation such that state's can qualify to receive delegated authority. In several circumstances, however, the state legislation also constrains state regulatory authorities such that state regulation can be "no more stringent than" federal regulation. These legislative efforts present interesting federalism riddles and interpretational problems. This article details the types of statutory enactments across many states and highlights some of the key policy considerations and interpretational problems presented by these legislative efforts.
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