The federal consistency provision of the Coastal Zone Management Act (1972)
created a new form of interaction between federal and state governments. T
he implementation of this provision has significant ramifications for coast
al management and intergovernmental cooperation in the United States. Past
studies have focused on the provision's implementation patterns among U.S.
coastal states and federal-state disputes mediated by the Secretary of Comm
erce. This supplemental article examines judicial interpretations of the fe
deral consistency provision over the past two decades in relation to major
issues deliberated by Congress at the time of enactment. Recent changes in
the provision, as well as those unresolved issues likely to resurface in fu
ture litigation, are also discussed. Seemingly, coastal land use authority
and offshore energy exploration remain the most contentious issues surround
ing the federal consistency provision.