States retain authority to regulate noise through use restrictions beyond product emission limits
Evidence
(2) Subject to sections 17 and 18, nothing in this section precludes or denies the right of any State or political subdivision thereof to establish and enforce controls on environmental noise (or one or more sources thereof) through the licensing, regulation, or restriction of the use, operation, or movement of any product or combination of products. — United States Congress (Pub. L. No. 92-574, 86 Stat. 1234), Noise Control Act of 1972, 76
Categorization
- DEFINE: This distinguishes preempted product emission standards from non-preempted state use/operation controls — a core federalism/market-vs-place split relevant to land-and-place thread.
- XREF: The use-versus-product distinction echoes the market-participation/regulatory split and matches how zoning and use ordinances let local governments act where state law doesn’t reach. — connects to: The President can exempt federal facilities from noise requirements only for paramount national interest — United States Congress (Pub. L. No. 92-574, 86 Stat. 1234), Noise Control Act of 1972, 25; All federal agencies are directed to further the noise policy declared in the Act — United States Congress (Pub. L. No. 92-574, 86 Stat. 1234), Noise Control Act of 1972, 23; American regulation moved historically from local to state to federal control — Lawrence M. Friedman, A History of American Law, 2547
Related
Broader Connections
- American regulation moved historically from local to state to federal control
#corroborates(0.78) — Lawrence M. Friedman, A History of American Law, 2547