In his comment, The Emerging Federal Role in Growth Management, author Jason Rylander argues for a more prominent federal role in state and local land use decisions. The author champions the Clinton-Gore Livability Agenda, a recent proposal designed to encourage state and local governments to adopt certain land use restrictions in exchange for substantial federal funding. Urban sprawl and the resulting traffic congestion experienced by an increasing number of U.S. cities is the fuel behind this sweeping enterprise. Federal intervention in land use policy is not a new phenomenon. The comment documents the numerous federal housing and land use programs implemented in the New Deal era, and suggests that federal intervention into contemporary state and local land planning decisions should be endorsed rather than viewed with suspicion as a threat to federalism. The author evaluates the recent federalism jurisprudence of the United States Supreme Court and concludes that conditioning federal funds on state and local acquiescence of their land use policies to the federal government passes Constitutional muster.
Rylander, Jason C.
"The Emerging Federal Role in Growth Management,"
Florida State University Journal of Land Use and Environmental Law: Vol. 15:
2, Article 2.
Available at: https://ir.law.fsu.edu/jluel/vol15/iss2/2