Consistency Appeals—Recent Developments

by Nathan S. Bergerbest, Cotton, Day & Doyle, Washington, DC, USA,



Document Type: Proceeding Paper

Part of: Coastal Zone '85

Abstract:

The Coastal Zone Management Act authorizes the Secretary of Commerce to override a state consistency objection to a federal license or permit activity affecting land or water uses in the coastal zone, an Outer Continental Shelf of Exploration or Development and Production Plan, or federal assistance to a state or local government. The Act permits the Secretary to override a state objection on either of two grounds. This paper examines the substantive and procedural aspects of the NOAA regulations and their application.



Subject Headings: Coastal management | Federal government | Laws | State government | Litigation

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