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This article examines how federal agencies and local governments are collaborating in land use planning, with a particular focus on the West. Part I provides a brief overview of local government planning as well as the overarching National Environmental Policy Act (“NEPA”) requirements that apply to federal planning. Part II offers a comparative study of the varied planning approaches across federal agencies, with a particular focus on the role that local governments can play in agency planning. Based on case studies and interviews with federal and local officials, Part III then recommends how to improve federal-local planning efforts so that both federal and local land use planning can be more robust and effective across the landscape. The Article concludes that, while there is an increased awareness of the linkages between federal and local land use planning, and limited examples of emerging collaboration, there is significant room for improvement before we see truly integrated, large landscape planning in the West.
Debunks myths about rural people, places, and policies, offering a vision for a more just and resilient society.
Resentment of the federal government's management of public lands runs deep in the arid West, where grazing, mining, and timber once predominated and remain important to rural communities. This resentment bubbled over in 2016 with the armed occupation of the Malheur National Wildlife Refuge in eastern Oregon and the ensuing acquittal of the occupants of criminal wrongdoing. Less violent manifestations of dissatisfaction in the rural West are playing out in the enactment of county land use ordinances that attempt to gain control over federal land management. These ordinances, encouraged by interest groups such as the American Legislative Exchange Council and the American Stewards of Liberty, raise serious questions about the relationship between federal and local government in federal land planning. In this article we examine an archetypical county ordinance from Baker County, Oregon and explain that most of its provisions are preempted by federal law and are therefore unenforceable. Although statutes like the Federal Land Policy and Management Act and the National Forest Management Act encourage cooperation between local governments and federal land planners, they do not authorize local land use control on public lands. Thirty years ago, in the leading decision of Granite Rock v. California Coastal Comm'n, the Supreme Court drew a sharp distinction between permissible state and local environmental regulation and impermissible land use planning, a distinction that lower courts have maintained over the years. Ordinances like Baker County's, which are proliferating throughout the rural West, fail to observe the distinction drawn by the Court, and consequently they include numerous local land use directives that are preempted by federal law. Although we believe that local involvement can help to improve federal land planning, we show how and why local ordinances attempting to prescribe land uses on federal public lands conflict with federal law, and thus mislead their supporters into believing that they are enforceable.
A timely, new resource on the history of the U.S. government's approach to environmental policy. At a time when changing the nation's environmental policy is a top presidential priority, with a new global climate change treaty deep in negotiations, and with the country itself weighing the need for action against concerns over too much government regulation, this exhaustive new reference work could not be more welcomed. Encyclopedia of the U.S. Government and the Environment: History, Policy, and Politics explores the interaction between the federal government and environmental politics and policy throughout the nation's history, from the earliest efforts to preserve lands and regulate pollution to the 1960s emergence of the modern environmental movement, the landmark legislation of the 1970s, and the seesawing back-and-forth of policies between alternating Republican and Democrat administrations of the last three decades. Authoritative, unbiased, and informed by the latest available research, the hundreds of entries cover the full range of issues, events, laws, institutions, and key players that shape federal environmental policies, incorporating viewpoints from across the ideological spectrum.