The Quiet Revolution and Federalism: Into the Future
Touro College - Jacob D. Fuchsberg Law Center
45 John Marshall L. Rev. 253 (2012)
Touro Law Center Legal Studies Research Paper Series No. 14-11
This Article offers an examination of the federal role in land use planning and regulation set in the context of varying theories of federalism by presenting a historical and modern overview of the increasing federal influence in local land use planning and regulation, specifically highlighting how federal statutes and programs impact local municipal decision making in the area of land use planning. Part II provides a brief introduction into theories of federalism and their application to local land use regulation in the United States. Part III provides a brief overview of federal legislation in the United States which affected local land use across three time periods: first, that which existed before the publication of THE QUIET REVOLUTION; second, legislation that emerged a quarter century after the publication of THE QUIET REVOLUTION; and third, more recent federal programmatic and legislative approaches. Part IV provides analysis of the future of federalism in land use regulation, noting the increasing trend of the federal programmatic influence and the potential future influence on local land use controls. The Article concludes with a warning to local governments to be vigilant and to rethink the paradigm of land use regulation to regain control in certain areas to prevent further encroachment by the federal government into matters of local concern.
Number of Pages in PDF File: 55
Keywords: Quiet Revolution, land use, zoning, federalism, preemption, NEPA, Telecommunications Act, RLUIPA, Housing Act of 1954, HUD 701, ADA, Fire Island, Flood Insurance, National Land Use Policy Act, Coastal Zone Management, Clean Water Act, Endangered Species Act, Nuclear Policy Act, FHAA, Stafford Act
JEL Classification: K11Accepted Paper Series
Date posted: July 9, 2012 ; Last revised: April 7, 2014
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