Federal And State Environmental Relations
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Federal And State Environmental Relations
There are benefits to leaving environmental regulation both to the federal government to the states.For example, wildlife conservation is much more of a concern for Alaska than for New York. New York, however, has much bigger air and light pollution issues than Alaska. Because of all of these factors, it almost never ends up being an either/or situation in terms of environmental regulation. One of the few areas that is under complete federal control is the storage and disposal of commercial-level nuclear waste, most likely because the consequences of not properly dealing with it are more dire than for most environmental concerns. States have greater regulatory freedom for areas like air and water pollution, presumably because they are not considered to be as high-stakes as nuclear waste. Major environmental legislation affecting federal and state relationships Formation of policy Prior to the late 1970s, nearly all environmental policy was at the state and local level.Robert V ...
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Clean Air Act (United States)
The Clean Air Act (CAA) is the United States' primary federal air quality law, intended to reduce and control air pollution nationwide. Initially enacted in 1963 and amended many times since, it is one of the United States' first and most influential modern environmental laws. As with many other major U.S. federal environmental statutes, the Clean Air Act is administered by the U.S. Environmental Protection Agency (EPA), in coordination with state, local, and tribal governments. EPA develops extensive administrative regulations to carry out the law's mandates. The associated regulatory programs are often technical and complex. Among the most important, the National Ambient Air Quality Standards program sets standards for concentrations of certain pollutants in outdoor air; the National Emissions Standards for Hazardous Air Pollutants program sets standards for emissions of particular hazardous pollutants from specific sources. Other programs create requirements for vehicle f ...
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Mass
Mass is an intrinsic property of a body. It was traditionally believed to be related to the quantity of matter in a physical body, until the discovery of the atom and particle physics. It was found that different atoms and different elementary particles, theoretically with the same amount of matter, have nonetheless different masses. Mass in modern physics has multiple definitions which are conceptually distinct, but physically equivalent. Mass can be experimentally defined as a measure of the body's inertia, meaning the resistance to acceleration (change of velocity) when a net force is applied. The object's mass also determines the strength of its gravitational attraction to other bodies. The SI base unit of mass is the kilogram (kg). In physics, mass is not the same as weight, even though mass is often determined by measuring the object's weight using a spring scale, rather than balance scale comparing it directly with known masses. An object on the Moon would weigh le ...
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Poaching
Poaching has been defined as the illegal hunting or capturing of wild animals, usually associated with land use rights. Poaching was once performed by impoverished peasants for subsistence purposes and to supplement meager diets. It was set against the hunting privileges of nobility and territorial rulers. Since the 1980s, the term "poaching" has also been used to refer to the illegal harvesting of wild plant species. In agricultural terms, the term 'poaching' is also applied to the loss of soils or grass by the damaging action of feet of livestock, which can affect availability of productive land, water pollution through increased runoff and welfare issues for cattle. Stealing livestock as in cattle raiding classifies as theft, not as poaching. The United Nations' Sustainable Development Goal 15 enshrines the sustainable use of all wildlife. It targets the taking of action on dealing with poaching and trafficking of protected species of flora and fauna to ensure their avail ...
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Wildlife Trade
Wildlife trade refers to the of products that are derived from non-domesticated animals or plants usually extracted from their natural environment or raised under controlled conditions. It can involve the trade of living or dead individuals, tissues such as skins, bones or meat, or other products. Legal wildlife trade is regulated by the United Nations' Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which currently has 184 member countries called ''Parties''. Illegal wildlife trade is widespread and constitutes one of the major illegal economic activities, comparable to the traffic of drugs and weapons. Wildlife trade is a serious conservation problem, has a negative effect on the viability of many wildlife populations and is one of the major threats to the survival of vertebrate species.The illegal wildlife trade has been linked to the emergence and spread of new infectious diseases in humans, including emergent viruses. Global initiat ...
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Game Law
Game laws are statutes which regulate the right to pursue and take or kill certain kinds of fish and wild animal ( game). Their scope can include the following: restricting the days to harvest fish or game, restricting the number of animals per person, restricting species harvested, and limiting weapons and fishing gear used. Hunters, fishermen and lawmakers generally agree that the purposes of such laws is to balance the needs for preservation and harvest and to manage both environment and populations of fish and game. Game laws can provide a legal structure to collect license fees and other money which is used to fund conservation efforts as well as to obtain harvest information used in wildlife management practice. Great Britain In Great Britain the game laws have developed out of the forest laws, which in the time of the Norman kings were very oppressive. Under William the Conqueror, it was as great a crime to kill one of the king's deer as to kill one of his subjects. A c ...
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Alaska Dept
Alaska ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U.S., it borders the Canadian province of British Columbia and the Yukon territory to the east; it also shares a maritime border with the Russian Federation's Chukotka Autonomous Okrug to the west, just across the Bering Strait. To the north are the Chukchi and Beaufort Seas of the Arctic Ocean, while the Pacific Ocean lies to the south and southwest. Alaska is by far the largest U.S. state by area, comprising more total area than the next three largest states (Texas, California, and Montana) combined. It represents the seventh-largest subnational division in the world. It is the third-least populous and the most sparsely populated state, but by far the continent's most populous territory located mostly north of the 60th parallel, with ...
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Taxing And Spending Clause
The Taxing and Spending Clause (which contains provisions known as the General Welfare Clause and the Uniformity Clause), Article I, Section 8, Clause 1 of the United States Constitution, grants the federal government of the United States its power of taxation. While authorizing Congress to levy taxes, this clause permits the levying of taxes for two purposes only: to pay the debts of the United States, and to provide for the common defense and general welfare of the United States. Taken together, these purposes have traditionally been held to imply and to constitute the federal government's taxing and spending power. The text of the constitution reads thus: Background One of the most often claimed defects of the Articles of Confederation was its lack of a grant to the central government of the power to lay and collect taxes. Under the Articles, Congress was forced to rely on requisitions upon the governments of its member states. Without the power to independently raise i ...
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Concurrent Powers
Concurrent powers are powers of a federal state that are shared by both the federal government and each constituent political unit, such as a state or province. These powers may be exercised simultaneously within the same territory, in relation to the same body of citizens, and regarding the same subject-matter.Scardino, Frank. The Complete Idiot's Guide to U.S. Government and Politics', p. 31 (Penguin 2009). Concurrent powers are contrasted with reserved powers (not possessed by the federal government) and with exclusive federal powers Exclusive federal powers are powers within a federal system of government that each constituent political unit (such as a state or province) is absolutely or conditionally prohibited from exercising.Scardino, Frank. The Complete Idiot's Guide to ... (forbidden to be possessed by the states, or requiring federal permission). Federal law is supreme and so, it may pre-empt a state or provincial law in case of conflict. Concurrent powers can t ...
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Dormant Commerce Clause
The Dormant Commerce Clause, or Negative Commerce Clause, in American constitutional law, is a legal doctrine that courts in the United States have inferred from the Commerce Clause in Article I of the United States Constitution, Article I of the US Constitution. The primary focus of the doctrine is barring state Protectionism in the United States, protectionism. The Dormant Commerce Clause is used to prohibit state legislation that discriminates against, or unduly burdens, interstate or International trade, international commerce. Courts first determine whether a state regulation discriminates on its face against interstate commerce or whether it has the purpose or effect of discriminating against interstate commerce. If the statute is discriminatory, the state has the burden to justify both the local benefits flowing from the statute and to show the state has no other means of advancing the legitimate local purpose. For example, it is lawful for Michigan to List of food labeling r ...
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Supremacy Clause
The Supremacy Clause of the Constitution of the United States ( Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. However, federal statutes and treaties must be within the parameters of the Constitution; that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution, which states that the federal government has only those powers delegated to it by the Constitution. The Supremacy Clause is essentially a conflict-of-laws rule specifying that certain federal acts take priority over any state acts that conflict with fede ...
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Tenth Amendment To The United States Constitution
The Tenth Amendment (Amendment X) to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. It expresses the principle of federalism, also known as states' rights, by stating that the federal government has only those powers delegated to it by the Constitution, and that all other powers not forbidden to the states by the Constitution are reserved to each state. The amendment was proposed by the 1st United States Congress in 1789 during its first term following the adoption of the Constitution. It was considered by many members as a prerequisite before they would ratify the Constitution, and particularly to satisfy demands of Anti-Federalists, who opposed the creation of a stronger federal government. The purpose of this amendment is to clarify how the federal government's powers should be interpreted and to reaffirm the nature of federalism. Justices and commentators have publicly wondered whether the Tenth Amendment retains any leg ...
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Federal Preemption
In the law of the United States, federal preemption is the invalidation of a U.S. state law that conflicts with federal law. Constitutional basis According to the Supremacy Clause (Article VI, clause 2) of the United States Constitution, This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. As the Supreme Court stated in '' Altria Group v. Good'', 555 U.S. 70 (2008), a federal law that conflicts with a state law will overtake, or "preempt", that state law: Consistent with that command, we have long recognized that state laws that conflict with federal law are "without effect". '' Maryland v. Louisiana'', 451 U. S. 725, 746 (1981) Although many concurrent powers are subject t ...
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