States spending disads emory
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A2: STATE PARKS DASComplexity of coordination prevents preservation of the parks Kiether 2009 (April, Robert, J.D. Wallace Stegner Distinguished Professor, Law University of Utah S.J. Quinney College of Law and Director of the Wallace Stegner Center for Land, Resources and the Environment. CLIMATE CHANGE AND NATIONAL PARKS; COMMITTEE: HOUSE NATURAL RESOURCES; SUBCOMMITTEE: NATIONAL PARKS, FORESTS AND PUBLIC LANDS CQ Congressional Testimony L/N) Moreover, coordination is inherently complex. To be effective, it must occur at two separate levels: the planning level where broad scale resource management plans are developed, and the project level where individual project proposals are assessed and ultimately approved. In the case of climate change, a coordinated landscape level planning process is crucial; it is at this level that the agencies have the opportunity to set resource management priorities and mitigation strategies to address sensitive resource issues. But the Supreme Court has ruled that resource management plans are not generally subject to judicial review and that these plans ordinarily do not impose legally binding obligations. See Ohio Forestry Association v. Sierra Club, 523 U.S. 726 (1998); Norton v. Southern Utah Wilderness Alliance, 542 U.S. 55 (2004). (These court decisions, I should note, suggest that the Dingell-Boucher federal natural resource adaptation plans may not be enforceable or judicially reviewable, unless Congress specifies otherwise.) An effective coordination strategy for climate change purposes must therefore ensure meaningful and accountable coordination at both the planning and project levels. Federal Law has little to no impact –impacts are inevitable Kiether 2009 (April, Robert, J.D. Wallace Stegner Distinguished Professor, Law University of Utah S.J. Quinney College of Law and Director of the Wallace Stegner Center for Land, Resources and the Environment. CLIMATE CHANGE AND NATIONAL PARKS; COMMITTEE: HOUSE NATURAL RESOURCES; SUBCOMMITTEE: NATIONAL PARKS, FORESTS AND PUBLIC LANDS CQ Congressional Testimony L/N) To effectively address climate change at the landscape scale, state and private lands located near or adjacent to national parks cannot be overlooked. Federal law, however, has little impact on these lands, and most state and private landowners will resist new federal regulatory mandates. The alternative, therefore, is to use Congress's conditional spending power to induce changes in state and private landowner behavior that will redound to the benefit of the national parks and encourage landscape scale planning with meaningful mitigation and adaptation strategies. This can be done by making federal funds available to the states and local communities contingent on them coordinating their land use and transportation plans or economic development efforts with the regional climate change planning efforts undertaken by the adjacent federal land management agencies. The important point is to promote consistency between state and local planning efforts and those occurring at the federal level, while developing coordinated landscape scale mitigation and adaptation strategies keyed to regional climate change concerns. A similar incentive-based approach should be employed to bring tribal governments into these coordinated planning and mitigation efforts. STATE BUDGETS DA – (GEN.)A. Uniqueness and Link– Now is a critical time - States governments are in the progress of making budgets and shoring up their economies – plan pushes them over the brink Lin 7/2/09 (Judy, AP writer, “Some states without budgets as key deadline comes and goes; Begin fiscal year as recession takes a devastating toll,” The Boston Globe, Associated Press) SACRAMENTO - States from coast to coast began a new fiscal year yesterday with no budget plans and with cash quickly running out, sending some to the brink of shutdown and forcing others to furlough workers and cut services. In California, Governor Arnold Schwarzenegger declared a fiscal emergency and ordered state offices closed three days a month to save money as the state sank deeper into dysfunction. State officials plan to pay bills with IOUs starting today. But the pain extends far beyond the West Coast. The governor of Pennsylvania is proposing a 16 percent tax increase. A budget veto by the Illinois governor left the state with no spending plan at all. Indiana barely avoided a shutdown. In most states, the debate centers on whether states should be raising taxes to bridge the budget gaps. Schwarzenegger said he wouldn't sign anything that raised taxes or fees beyond what he has already proposed. ``I'm proud of California, even though we have our crisis,'' he said. The recession has taken a big toll on tax revenues and state finances. States had a cumulative $121 billion budget gap in crafting this year's budgets - and the gap would be even bigger without federal stimulus money, said Todd Haggerty, a research analyst at the National Conference of State Legislatures, or NCSL. ``You can't look to any one region that's performing better than the others,'' Haggerty said. ``You can see Arizona and California in the West, Ohio and Illinois in the middle and Pennsylvania and North Carolina in the East.'' The NCSL says seven states - Arizona, Connecticut, Kentucky, Mississippi, North Carolina, Ohio, and Pennsylvania - have experienced delays or had to extend their sessions to deliberate on the budget.
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