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 | Sea water | Federal government | Permits | Licensure and certification | State government | Land use | Local government | North America | United States | Indiana

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