To find out more about LEARN

write or call:

 LEARN@learn-us.org

LEARN

Michael Coffman,

6 Heather Rd.

Bangor, ME 04401

(207) 947-7931

 (9:00am-5:30pm Eastern)

The LEARN process is relatively simple, but foreign to most Americans, especially local elected officials, because it is based on the principles of self-government. In other words, citizens and local elected officials, not the bureaucracy, drive the process. U.S. environmental laws and most regulations require the federal agencies to cooperate with states, local governments and citizens, even when the cooperation weakens the regulatory authority of the federal agency. For instance, the National Environmental Policy Act of 1969 (NEPA) sets the statutory coordination requirements in Title 42 §4331:

(a) The Congress, recognizing the profound impact of man's activity on the interrelations of all components of the natural environment, … declares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations … fulfill the social, economic, and other requirements of present and future generations of Americans. (Italics added)

The key statement in NEPA is the phrase “in cooperation with State and local governments.” The federal agency has to do more than merely view state and local law. The agency, by law (their law) must cooperate with the state and local government, if the local government so desires. Unfortunately, local county, city and township governments are usually unaware that such language even exists in this law! Under NEPA there are five points that the federal government must take into account in making its decisions:

1.   Consider how the federal action will affect local culture and customs, as defined by the local government.

2.  Consider the effect on the physical environment. For example, how it affects homeowners, businesses, farming, livestock grazing, forestry activities and use of best management practices (including dust, pesticides, fertilizers).

3.   Consider the economy and the effect on the tax base to the local government.

4.   Provide local solutions and alternatives to the federal proposals.

5.   Consider mitigation. 

Other federal laws contain similar language. Additionally, the Data Quality Act of 2001 now requires every federal regulation be based on sound and provable science. For the first time, citizens and local governments can challenge in court regulations based on questionable science. If a state receives funding for a state program under NEPA (most do), then state agencies are required to follow the same procedure.

Additionally, the local government should define its own customs and culture, physical environmental and tax base so that the federal agency does not haphazardly do it for them. This step limits how the federal and cooperating state agencies apply the law in the local community.  

There are four key requirements of local government officials for them to participate as a joint lead or cooperative agency:

1.   Local citizens must request their elected officials to be involved in federal and state agency actions affecting their county. Citizens can also provide volunteer support for federal committees as well as assist with paperwork.

2.  The local government must notify the federal/state agencies by certified or registered mail that they want to be involved when they contemplate actions in their county. Sometimes the federal agency will not acknowledge receiving the request and this provides proof.

3.   The local government must tell the federal/state agency about the county, city or township: Its culture, customs, economy (tax base, census) and a land-use plan. This builds a record about the county. If the elected officials cannot attend federal or state meetings, they may authorize others officially to represent them — usually from within the citizens’ resource or land-use advisory committee.

4.   There must be citizen involvement.

LEARN has published a step-by-step workbook with this information to assist the local government and citizens do this properly. Consultants can provide in-depth training on the proper way to implement the steps.

The first step requires that local citizens create a local resource or land-use committee. Its purpose is to develop and recommend a local natural resource or land-use plan to the local elected governing board. Unless required by state law, this is not a zoning plan. The plan, when developed, will establish how to implement federal environmental and other laws in a way that protects the local culture, custom and economy (called community stability) of the governing jurisdiction.

The initial plan does not have to be comprehensive if they must first address an immediate crisis in a relatively short period. This plan will be ever changing and amended to accommodate newly arising issues. Once the first plan is completed, citizens and the elected government review and provide input. After making changes, the local elected government accepts the plan by resolution or ordinance. At that point the federal government, by law, must accept the elected government as joint and equal partner in developing implementing regulations at the local level. The elected body can legally designate the resource committee as its representative to meetings of the federal agencies so elected officials do not have to be burdened with the task. A summary is provided by clicking the Getting Started button.

What is so powerful about this approach to local involvement is that it works! Experience has shown that the local government can be much more effective in protecting its citizens from grievous federal and state regulations while meeting the intent of the law.

The LEARN workbook details how local government can successfully and legally attain joint and equal standing with federal agencies. Examples of enormous success stories are also included. It should work for all forms of local government.

Many counties have experienced and proven that when a county stands together, using LEARN’s proven guidelines, it succeeds in preventing the type of regulatory actions that harm the county’s economy and property owners. Since volunteer citizens do most of the work, it does not have to be expensive. In fact, simple is better. All it requires is a group of citizens committed to spending the time putting the plan together and an elected county commissioners/supervisors, city council or township board willing to work with its citizens.

Last Updated 05/30/2007