LOCAL GOVERNMENTS PATH TO EQUAL FEDERAL POWER

Summary: Local and Federal Government Coordination Rights

Local government entities have equal legal standing with federal agencies in land use decisions through a process called “coordination.” Federal law requires agencies to coordinate with local governments to achieve “consistency” between local and federal plans. This authority is established through multiple statutes (NEPA, FLPMA), regulations, and court rulings that are considered “ejusdem generis” (of the same kind). Federal agencies cannot claim exemption from coordination requirements. State-specific laws (like California’s Title 7, Code 65030) may provide additional coordination frameworks.

COORDINATION PROCESS AND LEGAL REQUIREMENTS OF AGENCY TO AGENCY RELATIONSHIP

Local and Federal Government Coordination Rights

A White Paper on Legal Equality in Land Use Planning

By Anthony Intiso, LLB La Salle University, Chicago ILL.(1966)

This white paper explains how States and local government agencies can be legally equal to the federal government in any land use plans or projects that a federal agency may be considering in your local area.

The relationship of Local Government Entities (elected or appointed as political subdivisions of the States) are LEGALLY equal TO federal and state agencies in the coordination process. This process requires a government-to-government process consisting of direct meetings. State Agencies with Local units of Government also qualify.

They are equal when such “Entities” assert their legal standing in the coordination process, as set forth by complying with those requirements of the law and Court Rulings.

1. The coordination meetings are conducted under Congressional Mandates, Federal Statutes and Regulations or the appropriate State Statutes and Codes that apply as well.
2. These coordination meetings are conducted in the spirit of achieving a “Consistency.” “Consistency” is mandated by Federal Statute. Current Statutes require all federal agencies to coordinate between the Local Government plans or proposals, with the plans or proposals of the Federal and/or State Agencies represented in the coordination meeting.
3. The Federal Codes, Statutes and Laws that set forth the requirements for meeting the “Consistency” mandate are as follows and are considered “ejusdem generis.” A legal Canon meaning, “of the same kind or class” or as a recent Court ruling (Jan. 08, 2013) they are “sister statutes.” Case 3:11-cv-08171-DGC.
4. What this means is, that the Federal or state agencies cannot claim they are exempt from coordination because the statute does not mention their agency specifically.
5. The National Environmental Quality Act (NEPA) requires coordination whether there is an “action” to be taken or “plan” contemplated. The Council on Environmental Quality Regulations (CEQ) governs and defines the implementation of the Coordination process through NEPA. The Federal Land Policy Management Act (FLPMA) defines what Coordination is and the required actions that shall be taken by the appropriate Federal Agency. President Obama’s direct Executive Order 13575, dated June 9, 2011 states, “Coordinate and increase the effectiveness of federal management with rural stakeholders, law enforcement, State and Local Governments.” This Executive order further states, “This order shall be implemented consistent with applicable Laws.”

When coordinating with California State Agencies:

Title 7 of the California Codes set forth in 65030 et seq apply to this coordination process and are also “of the same kind and class” and are synonymous as to “cause and effect.” Along with the California Constitution, the California Environmental Quality Act and California Public Resources Code. In addition the State of California definition of “Environmental Justice” requires coordination for “all people.” All have provisions for carrying out the Coordination Process in the Public interest.

In other States, one must research that State’s specific Constitution and land use policies.

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Author

Anthony Intiso, LLB La Salle University, Chicago ILL. (1966)
New Mexico Real Property Law & U.S. Constitutional studies, Certificate of completion, University Of New Mexico (1976)
Real Property Easements & Encumbrances, Certificate of Completion, Amer. R/W Assoc. (1986)
Law refresher course, Dr. Frederick Graves, JD law University of Florida, (2009)
Hillsdale University Constitutional studies (3 courses), Constitutional Law, Constitutional 101, Founding Fathers, Federalist Papers, Free market Economics, (2016)

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