Friday, December 20, 2013

Kaswan on Climate Change and the Norm of Local Land Use Control

KaswanaAlice Kaswan (San Francisco) has posted Climate Adaptation and Land Use Governance: The Vertical Axis (Columbia J. Envtl Law) on SSRN.  Here's the abstract:

The existing and expected impacts of climate change are increasingly well-documented. Recent hurricanes, wildfires, and heat waves provide dramatic examples of what climate change portends, even if no single event can be directly attributed to climate change. The scale of anticipated climate change poses profound challenges to existing governance norms. This article addresses one of those norms: the norm of local control over land use. The article provides three central contributions to environmental governance scholarship: First, it provides an in-depth assessment of the federalism values that guide jurisdictional choices: pragmatic efficacy, democratic legitimacy, and the prevention of tyranny. Second, based on those values, it argues that 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. Third, it sketches how a multigovernance approach could distribute central governance functions among federal, state, and local players.

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