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The emerging Federal role in growth management

Author: Rylander, Jason C.
Date: 2000
Periodical: Journal of Land Use and Environmental Law
Abstract: \"Targeted at the suburbs, where fifty percent of the nation\'s population now resides, the Clinton-Gore Livability Agenda (the Livability Agenda) for the twenty-first century includes more than $10 billion in incentive programs for localities to preserve green space, ease traffic congestion, and pursue regional growth management strategies....\'\' D.H. Lawrence\'s words on the American need to escape are apt in the land use context. By entitling state and local governments to withhold their services the federal government, Printz and New York \'\'enhance the bargaining position of such governments and allow them to extract a degree of discretion or revenue for the implementation of federal law that such governments would otherwise lack.\'\' Taken together, Printz, New York, and Lopez suggest the Court may view new federal incursions into state affairs with a higher level of scrutiny; this has obvious implications for a national growth management strategy.


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