Climate Adaptation and Land Use Governance: The Vertical Axis
University of San Francisco - School of Law
March 20, 2014
Columbia Journal of Environmental Law Vol. 39, No. 2014, Forthcoming
Univ. of San Francisco Law Research Paper No. 2014-31
The existing and expected impacts of climate change are increasingly well-documented and pose profound challenges to existing governance norms. This article addresses one of those norms: the norm of local control over land use. The article first sketches the important role of land use in climate adaptation and the insufficiency of current initiatives. The article then assesses the federalism values that guide jurisdictional choices: pragmatic efficacy, democratic legitimacy, and the prevention of tyranny. Based on each of these values, it argues that continued reliance on local initiative is insufficient. Instead, a multilevel governance approach that supplements local control with federal resources and parameters is necessary to adequately prepare for climate change and meet the wide range of local, state, and federal interests at stake.
Number of Pages in PDF File: 88
Keywords: climate change, global warming, land use, climate adaptation, federalism
Date posted: December 19, 2013 ; Last revised: December 10, 2014
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