- Constitutional Law
- Separation of Powers & Congressional Powers
- Introduction to Separation of Powers & Congressional Powers (A)
State Waste Regulation Part II
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This should be answered in IRAC format.
The State Health Board of Massachusetts recently issued a regulation, valid under its statutory mandate, requiring all employers in the state provide toxic waste purification systems in all employee work places that deal with toxic substances. The new “No More Tox” regulation replaced previous federal guidelines for employee regulation of toxic substances that were not mandatory and did not specify the method of purification to be used. General Grievous, of the United States Armed Forces Recruiting Center, located in downtown Framingham, challenges the regulation. His office regularly comes into contact with biohazardous wastes produced by the physical examinations given to new recruits.
Assume the same facts as above. However, in this instance A. Tom Splitter, the president of a nuclear power plant located on Cape Cod, challenges the law.
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First, consider whether the federal law preempts the state law in this instance. Second, consider whether the state is allowed to create stricter regulations than the federal government regarding environmental standards?