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When people or businesses who do not meet either state or federal pollution standards are penalized by the state and then again penalized by the federal government, they will be less willing to enter agreements with a state, fearing that what the state promises may be superseded by the will of the federal government. Subsequently, the state government may be less cooperative in future dealings with the federal government. An example of this is the case of U.S. v. Power Engineering Co., No. 01-1217 (Sept. 4, 2002) under RCRA.

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