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Brent Blanchard
Brent Blanchard, Attorney
Category: Legal
Satisfied Customers: 1928
Experience:  Twelve years of experience in estate planning and probate, consumer bankruptcy, and business law.
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Customer Question

There are two legislative Acts which conflict with each other, one is the Environmental Protection Act and the other is a Canal Commission with the right to restore the land and water areas and structures of the old canal as an Heritage park.

The EnvironmentalProtection works through the local Conservation Commissions each of which have different interpretaions of their responsibility and authority. They claim the
man made canal as waterfront and cannot be cleared and each tree growing by the canal cannot be cut down. You cannot restore the canal.

How can this be resolved once and for all the canal Heritage Park communities?

T. Raphael
Submitted: 2 years ago.
Category: Legal
Expert:  Brent Blanchard replied 2 years ago.
Thank you for your question. Sorry to hear about the conflicting requirements.

IF they are both from the same lawmakers, the later-in-time enactment usually controls. This is because judges presume (until and unless proven otherwise) that the legislators are aware of their earlier actions, and something done later which conflicts is concluded to be an intentional action superseding the earlier enactment.

But this are of law is full of Swiss-cheese like exceptions and exclusions and other elements that CAN get very confusing without a few hours of legal research specific to that level of regulation. One of these is how not all of the rules apply if the conflicting laws are from different sources--state legislature is generally supreme over county ordinances, for example, same for federal vs. state enactments *especially* if the federal is so "comprehensive" as to "pre-empt" local state laws...UNLESS like the Clean Air Act, state action is pre-empted ONLY as to making the standards LESS stringent but states can make them MORE stringent (California smog standards for motor vehicles, for example).

Reading the "fine print", so to speak, in laws authorizing local governance entities like a canal park commission often will reveal whether their rules are supposed to be subservient to other conflicting laws like state-level environmental protection schemes, or supplemental to them.

I would expect that to take at least an hour of legal research, perhaps up to three.

Thank you.

Expert:  Brent Blanchard replied 2 years ago.
I'm sorry that you rated this answer as "poor service". Did you find anything inaccurate there? Please let me know if you did.

At this point, I cannot say anything more because I do not have the enactment dates for the two conflicting rules that you cite.

If you wish to add any more information to help this out, or need clarification, please post here. I will be out for about two hours but will return.

Thank you.


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