By Jove, I think he's got it!
According to Lantz, questions have been raised regarding whether the local health department and its governing body, the Marshall County Board of Health, have the authority to create such a regulation, "which has the same force and effect as law.'' He pointed out that other lawmakers and officials such as the county commissioners, state and federal legislators and the prosecutor all can be removed from office by a vote of the people if a majority of the voters have been dissatisfied with their performance. This is not the case, however, with members of the board of health, who are appointed by the county commission.
"This is called democracy,'' Lantz stated in reference to the election of lawmakers. "This is what people have given their lives for in the past and even now ... are putting themselves in harm's way to protect.''
He continued by explaining that a similar clean air regulation implemented in Cabell County currently is being contested before the state Supreme Court. He added that any court action related to enforcement of Marshall County's regulation could, as a result, be stayed until the Supreme Court rules on the Cabell County case.
Is this what you're talking about,ag? Laws v. regulations?