CPP CPP Legal Authority & Jurisdictional Issues 1

Question 1

What is 'Dillon's Rule' as it applies to local government authority in the US?

Accepted Answer

Local governments have only those powers expressly granted by state law

Answer

Cities may exercise any power not prohibited by state law

Answer

Counties have authority superior to municipalities

Answer

Federal agencies can override local zoning for national projects

Question 2

What is 'preemption' in the context of federal-state-local permitting authority?

Accepted Answer

A higher level of government supersedes lower-level government regulations on the same subject

Answer

A local government overrides a state permit requirement

Answer

A developer preempts a zoning hearing with litigation

Answer

A federal agency takes jurisdiction from a state agency

Question 3

Which federal agency has primary jurisdiction over navigable waters of the United States for permitting purposes?

Accepted Answer

U.S. Army Corps of Engineers

Answer

Environmental Protection Agency

Answer

U.S. Fish and Wildlife Service

Answer

Bureau of Land Management

Question 4

What is a 'Nationwide Permit' (NWP) under Section 404 of the Clean Water Act?

Accepted Answer

A pre-authorized general permit for categories of minor activities with minimal environmental impact

Answer

A permit authorizing major infrastructure projects nationwide

Answer

A blanket exemption from Clean Water Act requirements

Answer

A federal license for interstate water use

Question 5

Under the Clean Air Act, what is a 'Prevention of Significant Deterioration' (PSD) permit?

Accepted Answer

A pre-construction permit required for major new sources in areas meeting air quality standards

Answer

A permit for sources in non-attainment areas only

Answer

A permit for vehicle emissions testing facilities

Answer

A state-level permit for minor air emission sources

Question 6

What is the 'Commerce Clause' relevance to federal environmental permitting authority?

Accepted Answer

It provides the constitutional basis for federal regulation of activities affecting interstate commerce, including wetlands

Answer

It limits federal agencies from regulating intrastate waterways

Answer

It allows states to charge fees for federal permits

Answer

It establishes priority between federal and state permits