Innovative Congressional minimum standards preemption statutes / Joseph F. Zimmerman.
2016
KF4600 .Z565 2016 (Map It)
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Title
Innovative Congressional minimum standards preemption statutes / Joseph F. Zimmerman.
Published
Albany : State University of New York Press, [2016]
Call Number
KF4600 .Z565 2016
ISBN
9781438460970 hardcover alkaline paper
143846097X hardcover alkaline paper
9781438460994 electronic book
143846097X hardcover alkaline paper
9781438460994 electronic book
Description
x, 150 pages ; 24 cm
System Control No.
(OCoLC)927192097
Summary
"Congress possesses broad regulatory powers, including the power of complete or partial preemption of state and local regulatory powers. Congress rarely enacted preemption statutes before the twentieth century, but since the 1960s such interventions have grown significantly in number, now totaling over seven hundred, and have transformed the nature of the American federal system. … [The author] provides the background and history of this critical transformation, classifying the forms these federal interventions have taken, with a focus on statutes dealing with such environmental issues as water and air quality, restoration of surface-mined areas, and still other areas that, collectively, have produced a revolution in relations between Congress and the states. Contrary to public perceptions of preemption being one-sided and heavy-handed, Zimmerman details the many variations present in these statutes that accommodate state and local interests, allowing for administrative and policy flexibility, and a generally cooperative relationship between states and localities and federal administrative agencies." -- Back cover.
Bibliography, etc. Note
Includes bibliographical references (pages 131-145) and index.
Record Appears in
Gift
Purchased from the income of the Beinecke Fund
Gift

The Arthur W. Diamond Law Library
Purchased from the income of the Beinecke Fund
Table of Contents
Preface
ix
ch. 1
The Nature of Preemption
1
ch. 2
Minimum National Water-Quality and Drinking-Water Standards Preemption
29
ch. 3
Minimum National Air-Quality Standards Preemption
53
ch. 4
Maximum State Regulatory Standards and Regulatory Authority Turn-Back Statutes
67
ch. 5
State-Friendly Preemption Statutes
77
ch. 6
Contingent Preemption Statutes
83
ch. 7
Innovative Congressional Preemption Statutes: An Evaluation
101
Notes
113
Bibliography
131
Index
147