Tom_in_CA
Elite Member
- Joined
- Dec 23, 2013
- Messages
- 20,637
.... IF there are no state laws to cover?.....
And I do not know what you mean by this. What do you mean : If there are no state laws to cover ? Do you mean if a particular state's park dept was "silent on the subject" (neither expressly forbids, or allows ?)
But either way, no : The silence, or express allowance, or express incorporation, or express dis-allowance, have no bearing on whether or not ARPA subrogates downwards.
Because if what you are saying is true, then ...... heck ..... why would there be any need for ANY state to have its own state park rules ? Why is there any need for any county to have county park rules ? Why is there any need for any city to have city park rules ? Because if federal park rules "subrogate downwards", then there would never have been any need for states, counties, and cities to make their own muni codes, ordinances, park rules, etc....
Yet as we see, every single city, county, and state, does indeed have its own laws and statutes. Oh sure, they may incorporate the higher level verbiage *by specific inclusion* (as in the case of murder, for example). But no, not every park rule subrogates downwards from higher entity levels (fed) to lower level. Park rules (or lack-there-of- aka, silent on issues) differ all the time between various parks.