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Resisting Regulatory Rollback in the Trump Era: The Case for Preserving CZMA Consistency

February 2020

Citation: 50 ELR 10134

Issue: 2

Author: Eric Laschever

On March 11, 2019, the National Oceanic and Atmospheric Administration published an advance notice of proposed rulemaking to amend regulations that implement the Coastal Zone Management Act’s (CZMA’s) consistency requirement. This Article places the notice in context, focusing on the CZMA’s role in state review of offshore oil and gas development and its evolution to provide a predictable framework that balances coastal state interests with the nation’s energy needs. It argues that current circumstances and facts do not support amending the regulations and that such changes should have an uphill battle in court.

Eric Laschever is an attorney and professor at the University of Washington School of Marine and Environmental Affairs.

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