federal consistency
Alabama: Resource Conservation and Recovery Act (RCRA)
October 2020
Volume
50
Issue
12
Update Volume
50
Update Issue
29

The Alabama Department of Environmental Management proposed to amend Ala. Admin. Code r. 335-13-5-.02, 335-13-15-.02 to -.09, and 335-13-15-Appendix IV. The amendments would incorporate changes to ensure consistency with state and federal statutes and provide clarification of state requirements for the management of solid waste. A hearing will be held November 5, 2020, and comments are due that same date.

Alabama: Underground Storage Tanks (USTs)
October 2020
Volume
50
Issue
12
Update Volume
50
Update Issue
29

The Alabama Department of Environmental Management proposed to amend Ala. Admin. Code r. 335-6-16-.02, -.06 to -.11, -.13 to .17, -.19, and -.20 to -.21. The amendments would incorporate changes to ensure consistency with state and federal statutes, adopt certain state-specific requirements, and provide clarification of state requirements for the management of hazardous waste. A hearing will be held November 5, 2020, and comments are due that same date.

Resisting Regulatory Rollback in the Trump Era: The Case for Preserving CZMA Consistency
Author
Eric Laschever
Author Bios (long)

Eric Laschever is an attorney and professor at the University of Washington School of Marine and Environmental Affairs.

Date
February 2020
Volume
50
Issue
2
Page
10134
Type
Articles
Summary

On March 11, 2019, the National Oceanic and Atmospheric Administration published an advance notice of proposed rulemaking to amend regulations that implement the Coastal Zone Management Act’s (CZMA’s) consistency requirement. This Article places the notice in context, focusing on the CZMA’s role in state review of offshore oil and gas development and its evolution to provide a predictable framework that balances coastal state interests with the nation’s energy needs. It argues that current circumstances and facts do not support amending the regulations and that such changes should have an uphill battle in court.

Rhode Island: Oceans
June 2019
Volume
49
Issue
8
Update Volume
49
Update Issue
17

The Coastal Resources Management Council proposed amendments to 650-20 R.I. Code R. §§11.2, 11.3, 11.5, 11.9, and 11.10, concerning the Ocean Special Area Management Plan.

Florida: Resource Conservation and Recovery Act (RCRA)
June 2019
Volume
49
Issue
7
Update Volume
49
Update Issue
15

The Department of Environmental Protection proposed amendments to Fla. Admin. Code Ann. r. 62-730.020, .021, .030, .160, .170, .181, .183, .185, .186, and .220. The proposed amendments would increase efficiency and internal consistency by adopting federal regulations by reference, making conforming changes for consistency with federal regulations, and making technical corrections. Comments are due June 11, 2019. See https://www.flrules.org/gateway/ruleNo.asp?id=62-730.020.

84 FR 8628
03/11/2019
Update Type
Proposed Rules

NOAA seeks comment on a proposal to revise the CZMA's federal consistency regulations to make the federal consistency process more efficient across all stages of outer continental shelf oil and gas projects from leasing to development to renewable energy projects.

Volume
49
Issue
5
Update Volume
49
Update Issue
9

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