Achieving federalism in the regulation of coastal energy-facility siting

Journal Article · Tue Jan 01 04:00:00 EST 1980 · Ecol. Law Q.; (United States)

OSTI ID:5355288

Kanouse, R

Although the federal government is taking an increasing role in land use decisions and the siting of energy facilities, many policy goals have come in conflict with state and local controls. The coastal areas are a particularly crucial point of Federal-state conflict, as illustrated by the consistency clause of the Federal Coastal Zone Management Act (CZMA) of 1972. Two dispute-resolution models for replacing the consistency clause are described and assessed under the five criteria of federalism, efficiency, efficacy, administrative workability, and political feasibility. The second model's plan to form a bargaining panel representing governmental and private interests is recommended as a replacement for the consistency clause rather than extending the present CZMA authorization beyond 1980. Model II preserves both Federal and state roles by emphasizing compromise rather than litigation. 225 references. (DCK)

• Research Organization: California Energy Commission, Sacramento
• OSTI ID: 5355288
• Journal Information: Ecol. Law Q.; (United States), Journal Name: Ecol. Law Q.; (United States) Vol. 8:3; ISSN ECLQA
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290300* -- Energy Planning & Policy-- Environment
Health
& Safety
510600 -- Environment
Terrestrial-- Regulations-- (-1989)
54 ENVIRONMENTAL SCIENCES
COASTAL REGIONS
COASTAL ZONE MANAGEMENT ACT
COOPERATION
ENERGY FACILITIES
ENVIRONMENTAL IMPACTS
INTERGOVERNMENTAL COOPERATION
LAND USE
LAWS
LEGISLATION
SITE SELECTION