federal consistency
Resisting Regulatory Rollback in the Trump Era: The Case for Preserving CZMA Consistency
Author
Eric Laschever
Author Bios (long)

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

Date
February 2020
Volume
50
Issue
2
Page
10134
Type
Articles
Summary

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.

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