C.F.R. » Title 15 » CHAPTER IX—NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE › SUBCHAPTER B—OCEAN AND COASTAL RESOURCE MANAGEMENT › PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS › Subpart F—Coordination, Public Involvement and National Interest

15 C.F.R. § 923.52

Consideration of the national interest in facilities

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(a) The management program must provide for adequate consideration of the national interest involved in planning for, and managing the coastal zone, including the siting of facilities such as energy facilities which are of greater than local significance. In the case of energy facilities, the State must have considered any applicable national or interstate energy plan or program.

(b) The primary purpose of this requirement is to assure adequate consideration by States of the national interest involved in the planning for and siting of facilities (which are necessary to meet other than local requirements) during:

(1) The development of the State's management program,

(2) The review and approval of the program by the Assistant Administrator, and

(3) The implementation of the program as such facilities are proposed.

(c) In order to fulfill this requirement, States must:

(1) Describe the national interest in the planning for and siting of facilities considered during program development.

(2) Indicate the sources relied upon for a description of the national interest in the planning for and siting of the facilities.

(3) Indicate how and where the consideration of the national interest is reflected in the substance of the management program. In the case of energy facilities in which there is a national interest, the program must indicate the consideration given any national or interstate energy plans or programs which are applicable to or affect a state's coastal zone.

(4) Describe the process for continued consideration of the national interest in the planning for and siting of facilities during program implementation, including a clear and detailed description of the administrative procedures and decisions points where such interest will be considered.

Notes of Decisions
Cited in 2 cases, 1978–1986 · leading case: Am. Petroleum Inst. v. Knecht, 456 F. Supp. 889 (C.D. Cal. 1978).
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Am. Petroleum Inst. v. Knecht, 456 F. Supp. 889 (C.D. Cal. 1978). · cites it 2× “Section 306(c)(8) is treated at length in 15 C.F.R. § 923.52 . After generally noting that one “need not conclude .”
Norfolk S. Corp. v. Oberly, 632 F. Supp. 1225 (D. Del. 1986). “15 C.F.R. § 923.52 (c) (1985). The above regulations make very clear that a state must do more than merely indicate the “national interest” has been considered in its program; it must, inter alia, “[i]ndicate how and where the consideration of the national interest is reflected…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.