As a consequence of this multiplier, coupled with the Affects Quantifiable Limits feature that is present in all NMSRs (and which has a stringency value greater than ten), it is impossible for a limited applicability NMSR ever to be more stringent than a general applicability rule under this scoring scheme.
The At Least Environment category is for when a NMSR allows an exemption for either findings of an impact on the environment or some other relevant findings.
As a rule, though, where an NMSR was not clear one way or the other (for example, the Colorado statute in relation to federal silence (83)), the NMSR was not included in a category.
144) The number of acres in states subject to any kind of NMSR is approximately 220 million acres.
Because of the strong influence of Alaska and its limited applicability rule, most of the total wetland acres in the United States are in fact subject to some kind of NMSR.
If we consider the combined effects: The number of acres subject to either a NMSR, PPRA, or both, is approximately 251 million acres.
If a court were to determine, for example, that a particular NMSR does not apply to jurisdictional boundaries, that NMSR would present little obstacle to gap-filling in the SWANCC context.
Table 1: No More Stringent Rules Scoring Provision Description Score Justification Affects Quan- State limits may not 12 This is the identity tifiable Limits be more stringent test for inclusion in than federal limits, the NMSR list.
For purposes of the NMSR analysis here in the wetlands context.
Part III is a taxonomy of NMSRs, followed by a categorization of each state.
As long as federal environmental laws remain in place, and retain jurisdiction over large portions of the country, the consequences of these NMSRs are minimal.
The policy justifications for NMSRs are clearly based on concerns with states' inability to compete economically that may arise as a consequence of devolution.