FEDERAL CLEAN AIR ACT AUTHORITY FOR LAND USE PLANNING, COORDINATION, AND CONSISTENCY.
Abstract: To effectively address the negative impacts of climate change in the
United States, Americans will have to change their way of living. Specifically, Americans
must begin driving less to reduce the amount of greenhouse gas emissions released into the
atmosphere from automobiles. The only way for Americans to drive less is for state and
local governments to change their patterns of land ... read moredevelopment and create more
pedestrian-friendly communities. These types of communities will become most achievable
when state and local governments make a habit of engaging in planning, coordination, and
consistency in land use development. Because state and local governments have not taken
these steps on their own, the federal government must compel state and local governments to
take necessary action. The Clean Air Act provides an ideal framework for the federal
government to require state and local governments to engage in land use planning,
coordination, and consistency. Unfortunately, many people believe that Section 131 of the
Clean Air Act, entitled Land Use Authority, prohibits the federal government from getting
involved in local land use regulation. This thesis demonstrates, however, that Section 131
only prohibits the federal government from interfering with local land use siting and
zoning decisions. Thus, the federal government can, and should, exercise authority to
compel state and local governments to engage in planning, coordination, and consistency in
land use regulation
Thesis (M.A.)--Tufts University, 2012.
Submitted to the Dept. of Urban and Environmental Policy and Planning.
Advisor: Jonathan Witten.
Committee: Zygmunt Plater.
Keywords: Law, Climate change, and Environmental law.read less