CPP CPP Legal Authority & Jurisdictional Issues

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

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.

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

Preemption occurs when federal or state law occupies a regulatory field, preventing local governments from enacting conflicting or supplementary regulations on the same subject.

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

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.

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

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.

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

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.

CPP - Certified Permitting Professional Practice Test

CPP - Certified Permitting Professional Practice Test

CPP CPP Legal Authority & Jurisdictional Issues