Local Government Protection of Biodiversity: What is its Niche?

Abstract

Environmental law is dividing into two branches: pollution minimizationandbiodiversity protection. Local governments have been regulated to a minor role in the formulation and implementation of pollution control policy. In contrast, local governments have a major role to play in biodiversity protection. Federal and state endangered species protection and other statutes require that critical habitats be preserved on both public and private land. Despite various “revolutions” in land-use controls, local governments have the primary authority to regulate private land use, and their actions can influence the choices made by state and federal public land managers. This article discusses local government's authority to protect biodiversity and some of its legal constraints in exercising this authority.