Summary
Jurisdiction | Washington |
Chapter Details
Summary§6.1 | Introduction | ||
§6.2 | Overview of National Scenic Area Authorities and Other Applicable Law | ||
(1) | Enabling Authorities | ||
(a) | Columbia River Gorge National Scenic Area Act | ||
(b) | Columbia River Gorge Compact | ||
(c) | Additional Oregon Statutes Implementing the Compact | ||
(d) | Additional Washington Statutes Implementing the Compact | ||
(2) | Regulations Enacted Pursuant to the National Scenic Area Act | ||
(a) | CRGC's Administrative Rules | ||
(b) | CRGC's Management Plan for the Columbia River Gorge National Scenic Area | ||
(c) | County and CRGC Land Use Ordinances | ||
(3) | Land Use Decisions in the National Scenic Area | ||
(a) | Appeal Decisions of the CRGC | ||
(b) | Judicial Review of CRGC Actions | ||
(c) | Judicial Review of Forest Service Actions | ||
(4) | Application of NEPA to the National Scenic Area | ||
§6.3 | Special Considerations for Planning and Law in the National Scenic Area | ||
(1) | Federal Law Status of Compacts and Regulations | ||
(2) | A Compact is a Contract and a Statute | ||
(3) | Relationship Between a Compact and State Law | ||
(a) | A Compact Supersedes State Constitutions | ||
(b) | A Compact Supersedes Prior State Law, Unless the Compact Specifically Reserves That State Law | ||
(c) | A State May Not Unilaterally Amend a Compact Through Subsequent State Law | ||
(d) | Termination of a Compact or a Compact Agency by Joint State Action May Cause Uncertainty | ||
(4) | Relationship Between a Compact and Other Federal Law | ||
(a) | A Compact and Other Federal Statutes Coexist Unless They Cannot Be Harmonized | ||
(b) | Land Use Regulation Pursuant to the Gorge Compact Coexists With Federal Railroad Statutes in the National Scenic Area | ||
(5) | A Compact Agency is a Separate Legal Entity | ||
(6) | Relationship Between a Compact Agency and State Agencies | ||
(a) | Forest Practices in the National Scenic Area | ||
(b) | Air Quality Regulation in the National Scenic Area | ||
§6.4 | Significant Litigation Involving the National Scenic Area | ||
(1) | Constitutionality of |
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