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Problem Memo #2: Federal Consistency

Directions:

Assume you are NOAA's federal consistency coordinator.  The CZMA is up for reauthorization and the Bush administration has suggested that the federal consistency provisions should be modified to give states less authority.  The concern is that states are using the federal consistency provisions to block offshore oil and gas development for projects that often have little to no affect on coastal resources.  As a result, the federal consistency provisions serve as an obstacle to implementing the President's Energy Plan.  You are also aware that the states generally praised the 1990 CZARA for overturning the Secretary of the Interior v. California decision.  In essence, the policy debate is a question of federalism and where authority should lie.  As NOAA's expert, the Secretary of Commerce has asked you to weigh in on this policy debate.  Specifically, the Secretary wants your analysis of the federal consistency provisions and your recommendations on the upcoming reauthorization.  In other words, what is NOAA's position on changing the federal consistency provisions.  
  

Web Resources/Handouts

bulletCheck the Coastal State's Organization's main page for the latest information on the CZMA and its implementation
bullet CZMA Federal Consistency Overview (NOAA 2009)
bullet 15 CFR 930, et seq.
bullet Consistency Review Map
bullet Appeals information (1/15/09)
bulletNOAA's General Counsel Office for Appeals to the Secretary of Commerce
bulletNews articles on federal consistency and oil and gas development
bulletAdditional news articles
  

Written Format

This assignment should take the form of memo.  It is limited to 3 single-spaced, 12 point font pages, with 1 inch margins and must be in a standard memo format (most word processing software has templates).  The reason that a memo format is required is that it is the standard means of communication in the world of business and government.  Thus, this assignment will help develop your ability to analyze policy questions and to think, act, and communicate more effectively about environmental issues and problems.
   

Grading

Your memos will be evaluated based on your analysis of the problem, the organization of your ideas, your ability to properly apply the theories, concepts, and legal precedents discussed in class and the quality of your writing (e.g., spelling, grammar, punctuation, etc.).  Your goal is to write as clearly, concisely, and directly as possible.  Elegance of style, while desirable, is a secondary consideration.  Short declarative sentences often convey ideas equally well; convoluted grammar confuses things and often leads to misunderstandings.  Remember that you are trying to convey your ideas to people who have infinite demands on their time.  A simple, direct style economizes on time. 
 

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