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90 Univ. Colorado L. Rev. F. 1 (2019)

handle is hein.journals/uvsyocd90 and id is 1 raw text is: 









      NOT JUST AIR POLLUTION: HOW
         THE   CLEAN AIR ACT CAN FIX
         ZONING, TRANSPORTATION,
         AND AFFORDABLE HOUSING

                                       Nicholas D. Monck*

    The Clean Air Act of 1970 produced a revolution in envi-
ronmental law. From  its unique approach to federalism to its
technology forcing provisions, it remains an innovative statute
to this day. In light of the growing threat posed by climate
change, federal administrators have worked to adapt its text to
deal with  greenhouse gasses and  carbon emissions. Global
warming,  though, is not the only context in which the Clean
Air Act (CAA)  can be used in ways not originally intended.
Although  not meant  as an urban  planning law, the CAA's
Transportation Control Plans (TCPs) offer an opportunity to
promote smarter  growth and sustainable cities on a national
scale.

I.  BACKGROUND

    Cities are not shaped by accident but are instead a product
of statutes, codes, and judicial opinions. From transportation
policy to racial discrimination to affordable housing programs,
decisions by federal, state, and local policymakers have created
the blueprint for the modern American city. This section re-
views the history of urban planning in the United States to
show  that commonplace  features of our municipal environ-
ments, from the width of our streets to the size of residential
lots, were not random occurrences but instead the product of
reasoned decision-making. This section will also show that
many  of the policy choices that made sense ten, fifty, or a hun-
dred years ago are now the source of many of the ills that affect
contemporary cities.


* J.D. Candidate, 2019, University of Colorado Law School; Associate Editor,
University of Colorado Law Review; President, Student Bar Association. I would
like to express my deepest appreciation to the many Law Review members who
assisted with this Comment.

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