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Legal Opinion

Opinion No.

Arkansas Attorney General Reports

Decided August 22, 2002Published

1Opinion of the Court

Mr. Marcus C. Devine, Director Arkansas Department of Environmental Quality 8001 National Drive Little Rock, AR 72219-8913

Dear Director Devine:

I am writing in response to your request for my opinion on the following question:

Is the authority of the Arkansas Department of Environmental Quality to administer the Arkansas Pollution Control and Ecology Commission Regulation Number 21, the Arkansas Asbestos Abatement Regulation, and the Removal of Asbestos Material Act (A.C.A. § 20-27-1001 et seq.) pre-empted by the federal Occupational Safety and Health Administration Act?

RESPONSE

It depends. Any…

2Cases cited9 opinions

  1. Gade v. National Solid Wastes Management Assn.Supreme Court of the United States · 1992
  2. Atlas Roofing Co. v. Occupational Safety and Health Review Comm'nSupreme Court of the United States · 1977
  3. Pedraza v. Shell Oil Co.Court of Appeals for the First Circuit · 1991
  4. New Jersey State Chamber of Commerce v. HugheyCourt of Appeals for the Third Circuit · 1985
  5. National Solid Wastes Management Ass'n v. KillianCourt of Appeals for the Seventh Circuit · 1990

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