New Hampshire
How Commonwealth of Pennsylvania v. U.S. Army Corps of Engineers applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Environmental Law.
New Hampshire follows a cooperative federalism approach to environmental regulation, specifically under its Department of Environmental Services. The state seeks to balance both federal law and its own standards in matters of wetland protection and water quality management.
In New Hampshire, the Wetlands Protection Act governs the regulation and permitting of activities impacting wetlands, which must align with the state’s environmental quality standards parallel to federal provisions.
The court upheld state authority to enforce stricter water quality standards than federal guidelines.
The court ruled that the state must consider cumulative environmental impacts when issuing permits under its wetlands law.
The court emphasized the importance of public input in permit decisions affecting local wetlands and natural resources.
New Hampshire’s regulatory framework often imposes stricter regulations than the federal standard set forth by the Army Corps of Engineers. This reflects the state's commitment to enhanced environmental protection beyond the baseline federal requirements.
Environmental law principles from cases like Commonwealth of Pennsylvania v. U.S. Army Corps of Engineers are frequently tested in New Hampshire bar exams, especially regarding state regulatory authority over wetlands and water resources.