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- Info
Urban sprawl, federalism, and the problem of institutional complexity
| Author: |
Buzbee, William W. |
| Date: |
1999 |
| Periodical: |
Fordham Law Review |
| Abstract: |
In both state and federal politics, the ills associated with urban sprawl and the political opportunities these problems present are once again hot topics of discussion. Urban sprawl causes many direct and indirect societal and environmental harms. As part of this analysis of institutional complexity and federalism, this Article looks at lessons from the history of environmental law to assess whether transformative political and legal reforms are likely to arise and remain effective in combating ills associated with urban sprawl. This section starts by discussing empirical observations about the roots of sprawling development patterns by examining residential and business location trends. Even with brownfields incentive schemes, such as streamlined and responsive regulatory treatment and brownfield grants and loans, elective investment decisions may still be made to establish or expand exurban sites. All contributors to the urban sprawl phenomenon are likely to have both self-regarding and public-regarding moments. Well established legal presumptions and traditional roles of federal, state, and local government make difficult any significant new attempts to alleviate and prevent harms associated with urban sprawl\'s cross-jurisdictional effects and roots. Any strategy to empower the federal government to take a greater role in addressing urban sprawl and its associated environmental and social ills would constitute a change in current divisions of work among federal, state, and local governments. |
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