Enviromental law question.

[Ollie]

If the feds take the parks back, what happens to all the enviromental regulations put on those parks by the state of California?
Are they null and void?


http://www.foxnews.com/politics/2009/07/01/feds-threaten-seize-california-parks-closed-budget/

 

[Anti-Hero]

State laws have to meet or excide federal laws, more states that take over federal regulations create laws and regulation that excide the federal regs. so if CA. gives there parks back under a federal jurasdiction the laws/regs should become more relaxed. think of it like and MSDS, every chemical known to man in the state of CA causes cancer and in the rest of the world it does not. so State emissions are generally a higher standard the EPA levels, same as an OSHA pel vs. ACGIH tlv OSHA will be .1ppm where ACGHI will be .08ppm. I have a great book on Environmental law if you would like to look more into it, just to warn you VERY DRY reading.

 

[HeadLever]

State laws have to meet or excide federal laws, more states that take over federal regulations create laws and regulation that excide the federal regs. so if CA. gives there parks back under a federal jurasdiction the laws/regs should become more relaxed. think of it like and MSDS, every chemical known to man in the state of CA causes cancer and in the rest of the world it does not. so State emissions are generally a higher standard the EPA levels, same as an OSHA pel vs. ACGIH tlv OSHA will be .1ppm where ACGHI will be .08ppm. I have a great book on Environmental law if you would like to look more into it, just to warn you VERY DRY reading.

I would tend to agree with you so long as the tranfer is considered to be bining and permenant. However, if the feds are holding this land "in-trust" of the state, the state laws will likely remain.