QUESTION

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

Asked on Jan 16th, 2015 on Environmental Law - North Dakota
More details to this question:
If a company wanted to build a power plant and the plant would pass federal regulations but not state, what would happen? What would be taken into consideration?
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1 ANSWER

Environmental Law Attorney serving Dayton, OH
2 Awards
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.  
Answered on Jan 27th, 2015 at 3:27 PM

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