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"Coordinating" With The Federal Government: Assessing County Efforts To Control Decisionmaking On Public Lands, Michael Blumm, James Fraser
"Coordinating" With The Federal Government: Assessing County Efforts To Control Decisionmaking On Public Lands, Michael Blumm, James Fraser
Faculty Articles
Resentment of the federal government’s management of public lands runs deep in the arid West, where grazing, mining, and timber once predominated and remain important to rural communities. This resentment bubbled over in 2016 with the armed occupation of the Malheur National Wildlife Refuge in eastern Oregon and the ensuing acquittal of the occupants of criminal wrongdoing. Less violent manifestations of dissatisfaction in the rural West are playing out in the enactment of county land use ordinances that attempt to gain control over federal land management. These ordinances, encouraged by interest groups such as the American Legislative Exchange Council and …
Land Use Federalism's False Choice, Michael C. Pollack
Land Use Federalism's False Choice, Michael C. Pollack
Articles
Debates about land use federalism — like those about federalism more broadly — often focus on whether policies and priorities ought to be set at the national or local level. But such categorical judgments about national intervention are inadequate because they obscure the diversity of mechanisms by which nationalization can and does occur. This Article draws attention to the importance of this underappreciated legislative design choice and develops a framework within which to evaluate it. This Article observes that nationalization can take the form of rules that either displace local decisionmaking or channel it, and that those rules can be …