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Offshore federalism: evolving federal-state relations in offshore oil and gas development

Journal Article · · Ecol. Law Q.; (United States)
OSTI ID:5667632

The author examines the standards of consistency that federal activities directly affecting a state's coastal zone must meet with state coastal plans. He proposes a definition of the standard that differs from the rather loose definition proposed by the Ninth Circuit Court. Since the Supreme Court held that Outer Continental Shelf (OCS) lease sales do not directly affect the coastal zone, the proper definition of the term is unresolved. The type of offshore federalism established by a proper interpretation of the Coast Zone Management Act is even more likely to protect the public trust in coastal resources than either exclusive federal or state control of the OCS. If the states are to retain coastal management and OCS decision-making, further Congressional elaboration of the consistency provisions may be necessary.

Research Organization:
Conservation Foundation, Washington, DC
OSTI ID:
5667632
Journal Information:
Ecol. Law Q.; (United States), Journal Name: Ecol. Law Q.; (United States) Vol. 11:3; ISSN ECLQA
Country of Publication:
United States
Language:
English