Federal funding for the restoration and protection of coastal wetlands
The federal government has an exclusive jurisdiction over protection and restoration of coastal wetlands that are deemed by DEC as of local importance. The federal government is statutorily authorized to adopt and implement a coastal wetlands protection law wholly or partially within the federal government’s jurisdiction. The law prescribes specific funding and procedures be followed in determining the extent of the coastal wetlands hazard while seeking to assert its jurisdiction over its coastal wetlands. The systems of the coastal wetlands protection necessitate forwarding of the federal government’s regulation to DEC for the establishment of the competence of the case, as well as the administering of its advancements in the restoration and protection of coastal wetlands law. DEC must certify that the federal government is in a position to administer the recovery and protection of the coastal wetlands law by funding in compliance with the FWA before assumption of jurisdiction by the federal government.
General federal funding for local’s self-determined programs
In accord with the Section 3.1 from the Environmental Law Handbook, if a local government neither disqualifies nor is incapable of exercising jurisdiction to its self-determined programs, general federal funding for each state can be reassigned for the national implementation. DEC can as well exempt the local government from the application of self-determined programs with “exceptional characteristics of exclusive environmental or any program assessment.”
Section 3.1 of the Environmental Law Handbook proposes a review of the mitigation of the mining laws after it was upheld by the Appellate Division, Third Department. According to the Law Judge, the said proposal would be the application of the mining should be granted to the hard rock quarry (Environmental Law, 2002). However, the proposal to have the miners granted of the permits has not been approved by the Appellate Division. They have rejected the Law Judge’s recommendations arguing that the applicants would not be able to mitigate unavoidable visual and noise impacts. Based on the evidence presented during the proceeding implementation, a proposal to have the Department of the Interior responsible for evaluating applications and issuing permits to prospective mining operations has been tabled. The internal procedures are meant to uphold the denial of the issuance of licenses to potential mining operations based on the findings of the impacts of the mining systems.
Administrative enforcement action against unlawful tax deductions related to environmental services
The Internal Revenue Service provides a tax incentive to support the onslaught and redevelopment of to environmental services in concerned areas by allowing a full deduction for the cleaning costs at the time incurred, rather than necessitating these costs to be capitalized. As the law states, there is no environmental consulting firm that is allowed to take any tax deductions without the consent of the federal government. According to the Section 3.1 from the Environmental Law Handbook, proposes a new legislation that will monitor environmental consulting firm against any tax evasions. The Internal Revenue Service will assess any unlawful tax deductions subject to the individual generator tax assessment (Phillips, Bermudez, Fenical & Mahoney, 2001). The administrative enforcement action proposes the famishment of all records to the DEC upon request, and the record is made available any applicable time for proper inspection by the Internal Revenue Service.
References
Phillips, S., Bermudez, H., Fenical, S., & Mahoney, M. (2001). Restoration and Protection of Coastal Wetlands Located Adjacent to Navigable Waterways. Wetlands Engineering & River Restoration 2001. doi:10.1061/40581(2001)118
Environmental Law: A Glossary and Handbook. (2002). Journal of Environmental Law, 14(2), 278-278. doi:10.1093/jel/14.2.278-a
