Thirty-seven years later, their anticipated transformation has not yet occurred. Carol Rose has noted that since the quiet revolution was first heralded, state and regional governments have not limited—and in fact, may have expanded— local discretion with respect to land use decisionmaking. In 2002, David Callies himself acknowledged that localities play an increasingly important role in, among other areas, environmental protection.
It is time, however, to revive the call of the quiet revolution for states to become more involved in regulating land use, particularly in light of growing evidence of the negative externalities of conventional construction. As written and enforced, “traditional” local land use laws such as zoning ordinances and design controls hinder efforts to build green. This Article examines this conflict and suggests reforms to our land use regulatory system that would facilitate sustainable design
Environmental Law and Policy Annual Review