Calif. High Court Throws Wrench In Cooperative Federalism

Law360, New York (October 19, 2016, 12:05 PM EDT) -- In a prior article, I examined the scenario of state implementation of a flexible federal environmental regulatory program and the question of when regulatory requirements transform from federal into state requirements. In California, it appears the answer is that any requirement imposed by the state during implementation of a federal program that is not explicitly identified in the federal statute or regulation, is a state and not a federal requirement....

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