Abstract

The growth of environmental consciousness and federal and state environmental regulation over the past 25 years has resulted in a shift of regulatory control over land use for environmental protection purposes from local government to the federal and state governments. Local governments, however, have become environmentally conscious in exercising their traditional zoning authority over the siting of new industrial facilities, solid waste disposal sites (landfills), and hazardous waste sites.

The collective federal, state, and local regulation of land use to accommodate environmental concerns is known as environmental regulation of land use. Geographic areas impacted by this new land use regulation focus are agricultural lands, wetlands, floodplains, coastal zones, and habitats for endangered species. Collectively, these areas comprise nearly the entire state of Louisiana.

At the federal level, numerous laws passed since 1970 have had the effect of restricting use of land to achieve national environmental protection goals. Four of these federal laws are particularly relevant to Louisiana: the Coastal Zone Management Act, Section 404 of the Clean Water Act, the Endangered Species Act, and the National Flood Insurance Program. These laws and major federal and Louisiana environmental and use cases are discussed.