CPP Legal Authority & Jurisdictional Issues Flashcards
6 cards from real CPP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 CPP Legal Authority & Jurisdictional Issues flashcards as text
What is 'Dillon's Rule' as it applies to local government authority in the US?
Answer: Local governments have only those powers expressly granted by state law
Dillon's Rule holds that local governments are creatures of the state and may only exercise powers explicitly granted by the state legislature, limiting their autonomy in land use and permitting.
What is 'preemption' in the context of federal-state-local permitting authority?
Answer: A higher level of government supersedes lower-level government regulations on the same subject
Preemption occurs when federal or state law occupies a regulatory field, preventing local governments from enacting conflicting or supplementary regulations on the same subject.
Which federal agency has primary jurisdiction over navigable waters of the United States for permitting purposes?
Answer: U.S. Army Corps of Engineers
The Army Corps of Engineers administers Section 404 of the Clean Water Act, which regulates the discharge of dredged or fill material into waters of the US including wetlands.
What is a 'Nationwide Permit' (NWP) under Section 404 of the Clean Water Act?
Answer: A pre-authorized general permit for categories of minor activities with minimal environmental impact
Nationwide Permits are pre-approved general authorizations for activities with minimal impacts, allowing qualifying projects to proceed without individual permit review if they meet specific thresholds and conditions.
Under the Clean Air Act, what is a 'Prevention of Significant Deterioration' (PSD) permit?
Answer: A pre-construction permit required for major new sources in areas meeting air quality standards
PSD permits are pre-construction permits for major new stationary sources in clean air attainment areas, requiring applicants to apply Best Available Control Technology (BACT) and analyze air quality impacts.
What is the 'Commerce Clause' relevance to federal environmental permitting authority?
Answer: It provides the constitutional basis for federal regulation of activities affecting interstate commerce, including wetlands
The Commerce Clause gives Congress authority to regulate activities affecting interstate commerce, which courts have used to uphold federal jurisdiction over wetlands and waters connected to interstate commerce.