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PREEMPTION LANGUAGE IN FEDERAL ENVIRONMENTAL STATUTES (CRS Report for Congress)

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Release Date Aug. 23, 1999
Report Number RS20280
Report Type Report
Authors Robert Meltz, American Law Division
Source Agency Congressional Research Service
Summary:

This report compiles the provisions in federal environmental statutes that explicitly state whether Congress intended to preempt state law. The provisions are arranged in four categories, from least preemption to greatest: (1) rights/jurisdiction of state generally unaffected; (2) if a federal standard exists, the state standard must be the same or more stringent; (3) state regulation different from the federal scheme is preempted, but a waiver may be available; and (4) state regulation different from the federal scheme is preempted, and no waiver is available.