Law Commons^™

Remedying Our Fragmented Governmental Structures To Deal With Our Nation-On-Edge Problems, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

The argument against crafting federal regulations for problems stemming from development in disaster-prone areas (nation-on-edge problems) assumes that these types of problems are essentially local problems requiring unique local solutions. In this Article, Jeffrey G. Miller challenges this assumption, reasoning that a flexible framework of federal regulations would indeed be effective at remedying these problems. He suggests that such a framework could be modeled after the Clean Water Act's (CWA's) point source pollution control regime. A permitting system similar to that set out in the CWA would promote best management practices while still allowing local entities the freedom to determine …