Preemption of local zoning ordinances under federal hazardous waste laws

Article Abstract:

The federal hazardous waste laws' preemption of state laws is discussed, and pertains to situations where state law clearly conflicts with federal law. Federal law will preempt state action when theree is express or implied preemption by Congress, when dual compliance is impossible, and in cases where state law interferes with the policy objectives of federal law.

States, Interpretation and construction, Exclusive and concurrent legislative powers, Preemption (Legislative power), Zoning law

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Recent challenges to the constititionality of CERCLA under the commerce clause

Article Abstract:

A significant change made by the US Supreme Court in commerce clause cases in United States v. Lopez is summarized, a ruling stating that Congress overstepped its power under the commerce clause when it banned gun possession near public schools.

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Recent EPA enforcement actions: the environmental audit

Article Abstract:

A voluntary environmental audit policy instituted by the Environmental Protection Agency as part of its enforcement policy is discussed. Certain violations, including those resulting in actual harm, are not eligible for relief.

Cases, Environmental protection, Offenses against the environment, Environmental crimes

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