+Miller, Jeffrey G., Remedying Our Fragmented Governmental Structures to Deal With Our Nation-on-Edge Problems (Environmental Law Reporter, Volume 38, Issue 3, Page 10187) (March 2008) (PDF — 316K)
"The argument against crafting federal regulations for problems stemming from development in disaster-prone areas (nation-on-edge problems) assumes that these types of problems are essentially local problems requiring unique local solutions. In this Article, Jeffrey G. Miller challenges this assumption, reasoning that a flexible framework of federal regulations would indeed be effective at remedying these problems. He suggests that such a framework could be modeled after the Clean Water Act's (CWA's) point source pollution control regime. A permitting system similar to that set out in the CWA would promote best management practices while still allowing local entities
the freedom to determine which particular practices are most effective for them. He recommends that we reexamine our conception of federalism before abandoning hope of federal solutions to nation-on-edge problems." —Executive Summary.
+Salkin, Patricia E., Sustainability at the Edge: The Opportunity and Responsibility of Local Governments to Most Effectively Plan for Natural Disaster Mitigation (Environmental Law Reporter, Volume 38, Issue 3, Page 10158) (March 2008) (PDF — 429K)
"The traditional link between disaster mitigation and local land use planning was highlighted by the Disaster Mitigation Act (DMA) of 2000, which emphasizes the need for mitigation coordination among state and local entities. In this Article, Patricia E. Salkin looks at the role of local governments in natural disaster mitigation, specifically, how local governments may use traditional land use powers, such as the police power, to protect against disasters. She cites DMA provisions that offer financial incentives to states that
work with local governments to plan for growth and disasters; she also sets forth case studies to illustrate how states can create vertical links among federal, state, and local entities to coordinate disaster mitigation strategies."—Editors' Summary.