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  

Jerome M. Organ

University of St. Thomas - School of Law (Minnesota)

Date Written: 1995

Abstract

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.

Suggested Citation

Organ, Jerome M., Limitations on State Agency Authority to Adopt Environmental Standards More Stringent than Federal Standards: Policy Considerations and Interpretational Problems (1995). Maryland Law Review, Vol. 54, No. 4, p. 1373, 1995. Available at SSRN: https://ssrn.com/abstract=1597767

Jerome M. Organ (Contact Author)

University of St. Thomas - School of Law (Minnesota) ( email )

MSL 400, 1000 La Salle Avenue
Minneapolis, MN Minnesota 55403-2005
United States

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