If we consider the combined effects: The number of acres subject to either a NMSR, PPRA, or both, is approximately 251 million acres.
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.
Even where state agencies show a willingness to fill the jurisdictional gap, the majority of state environmental agencies are hampered by one of two forms of legal limitations: "no more stringent" rules (NMSRs) and private property rights acts (PPRAs).
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.
NMSRs are not constitutional and can therefore be overridden by the legislative process.
The policy justifications for NMSRs are clearly based on concerns with states' inability to compete economically that may arise as a consequence of devolution.
The set of twenty-seven NMSRs surveyed here (42) represent those NMSRs in the United States that apply to rulemaking related to water quality.
Some NMSRs clearly separate jurisdictional issues from standards.
In the NMSRs which are included in this category, the rule language asserts that state jurisdiction should be limited by federal jurisdiction.
The most direct of all jurisdictionally tied NMSRs is from Idaho, which mentions the federal statute by name: "[R]ules promulgated under this chapter [shall] not impose requirements beyond those of the federal clean water act." (61) Here, there is no doubt that if the CWA cannot reach a water, neither can Idaho's state environmental agency.
Many NMSRs apply in a blanket fashion, such that state agencies are not only prohibited from exceeding existing federal standards, but also prohibited from setting standards in areas (62) that have not been addressed a priori by federal standards.