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North Dakota Environmental Legal Questions

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1 legal question has been posted about environmental law by real users in North Dakota. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include environmental cleanup, environmental permitting, and wetlands. All topics and other states can be accessed in the dropdowns below.

What happenes when state regulations are more strict than federal regulations? Specifically with environmental regs.

Answered 11 years and 5 months ago by attorney Daniel A. Brown   |   1 Answer
Daniel A. Brown
Generally speaking, a state may adopt environmental regulations that are more stringent than corresponding federal regulations on the same issue.  The exception to this general rule comes into play when the federal law is clearly intended to provide for a uniform system of regulations throughout all the states.  In such a case, the more stringent state regulations are considered to be "preempted" by the federal regulations. This is a question of law that an attorney in your state should be consulted to consider. I hope this answer helps you.  Good luck.  ... Read Answer
Generally speaking, a state may adopt environmental regulations that are more stringent than corresponding federal regulations on the same... Read Answer

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