States Tie Their Own Hands with
"No More Stringent" Laws

SERC 12aug03

Watchdog Alert

It's not news that the federal government is rolling back environmental protections laws. The Bush administration has been doing it since day one -- whether it's drilling for oil and gas on protected lands, gutting the Clean Air Act, or cutting forests to save them, they've tried it.

They're weakening the laws and rules that protect our environment left and right. And, across the country, states are realizing that if they want a healthy environment, they're going to have to protect it themselves. But some states can't do that. About one-third of the states have statutory provisions that limit the ability of their regulatory agencies to adopt environmental regulations that are more stringent than federal ones.

These provisions, known as "no more stringent" laws, vary in what they cover. In some states (MS, KY, NC, IA and OR) the provision is limited to certain aspects of the Clean Water Act. In others, (ME, FL, PA, WI, UT, IN and OH) it requires a more extensive review for proposed state regulations that go beyond federal ones. Montana requires a public hearing and detailed study before rules "more stringent than the comparable federal regulations or guidelines" can be put in place.

Other states (e.g., SD and ID) outright prohibit any rules that go beyond federal regulations that cover "an essentially similar subject or issue," even if the federal program is voluntary, or only covers a certain geographic area. Missouri recently tried to pass an even more egregious provision, HB215, which would have prohibited agencies from regulating anything the federal government doesn't. These provisions endanger the health of both citizens and the environment. In a time when federal environmental protections are disappearing, states should be free to do what's right, not hindered by a "no more stringent" law.

source: http://www.serconline.org/watchdog/watchdog2003/watchdog52.html 12aug03

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The State Environmental Resource Center (SERC) researches state environmental policies and assembles information and tools to help legislators make important decisions on key environmental issues. SERC identifies the most innovating and effective state policies and exposes anti-environmental legislative trends.