Home Rule and State Preemption of Local Land Use Control

Stahl, Kenneth A.

doi:10.2139/ssrn.3485872

Cited by 5 publications

(2 citation statements)

References 9 publications

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“…Fox (2017) discussed this issue in another environmental context, highlighting the many states that have preempted local efforts to implement sustainable goals by, for instance, attempting to ban plastic straws or bags. Relatedly, other states have restricted local land use control over concerns about housing shortages (Stahl, 2020). This Achilles heel of local ecosystem governance is highlighted by other commentators as well (Colburn, 2006;Farber, 2008;Carpenter, 2011;Biber, 2017), and these concerns are addressed in sections The Matching Principle and Polycentric Governance, above.…”

Section: Lack Of Institutional Capacitymentioning

confidence: 98%

Trends in Local Ecosystem Governance

Bork

Hirokawa

2021

Front. Clim.

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The physical and biological factors that together determine ecosystem structure and function will be subject to enormous pressures under future climate regimes. These pressures will impact ecosystem processes and services, ranging from impacts on biodiversity to loss of essential ecosystem benefits. Ecosystem management to maintain desired ecosystem conditions will become increasingly important. Existing governance structures are insufficient to provide the necessary guidance for these management efforts. The legal literature is increasingly focused on local ecosystem governance as a viable option to fill this governance gap. For example, increasing recognition of the value of ecosystem services to local communities has driven increased efforts to protect those services through local ecosystem initiatives. The local ecosystem governance scholarship is diffuse, making the literature difficult to access. Based on a review of the legal literature on local ecosystem governance over the last 20 years, this article marshals the theoretical arguments for and against local governance and identifies ongoing efforts to implement local ecosystem governance. The article also identifies both emerging challenges to local ecosystem governance and potential ways to address those challenges. From this review emerges actionable recommendations and critical research needs to improve local ecosystem governance.

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Section: Lack Of Institutional Capacitymentioning

confidence: 98%

Trends in Local Ecosystem Governance

Bork

Hirokawa

2021

Front. Clim.

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“…Rather, in this large metropolitan region with over 180 cities, land use decisions are largely influenced by each city's unique situation and municipal planning contexts (Kim et al, 2018). Recent years have witnessed rising tensions over the extent to which cities control land use and the exclusiveness of local land use power (Stahl, 2020).…”

Section: Study Areamentioning

confidence: 99%

Building more housing near transit: A spatial analysis of residential densification dynamics

Kim

2021

Transport Policy

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Preemption in the Intergovernmental Trenches: Explaining Gubernatorial Preemption Style during COVID-19

Artiles

2024

State Politics Policy Q.

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During the COVID-19 pandemic, governors preempted local governments at unprecedented levels. A rich literature examines state preemption of local governments, but gubernatorial preemption – and the strategies governors use to do so – remain understudied. This paper examines what institutional and political factors influenced governors’ preemption style during the pandemic by analyzing a dataset of over 1,200 COVID-19 executive orders, classified by their style of preemption: ceiling, floor, or vacuum. Governors in states with high local autonomy rely on ceiling and floor preemptions. Republican governors are likelier to issue ceiling preemptions that bind local governments’ hands. Governors in states with ideologically dissimilar local governments tend to issue vacuum preemptions. When non-preempting previsions are dropped from the analysis, local autonomy does not significantly affect issuing one type of preemption over another. On the other hand, Republican governors are more likely to issue both ceiling and floor preemptions over vacuum preemptions. Governors in states with high ideological asymmetry are less likely to issue ceiling and floor preemptions over vacuum preemptions. These findings provide insight into gubernatorial behavior, interactions between state and local governments, and how theories of federalism can teach us more about how governments respond to crises.

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Home Rule and State Preemption of Local Land Use Control

Cited by 5 publications

References 9 publications

Trends in Local Ecosystem Governance

Trends in Local Ecosystem Governance

Building more housing near transit: A spatial analysis of residential densification dynamics

Preemption in the Intergovernmental Trenches: Explaining Gubernatorial Preemption Style during COVID-19

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