So, the city asks for a decision from the federal executive while protesting the right of the federal judiciary to even be involved. In fact, this situation highlights just how the American Heritage Rivers Initiative would be used against us. So this federal bureaucrat who is the pathway to uncle Sam's deep pockets will show up at local zoning hearings and testify against some project. The community, not wanting to hazard its access to federal funds will deny the project. This is Faux Federalism.
Federalism is intended to defer to the level of government which is protecting individual rights.
The fact that the federal courts have resorted to activist solutions in other civil rights arenas does not mean we should challenge their jurisdiction, but rather the nature of their decisions. The Del Monte Case, therefore, may provide a little inspiration if we win, but it won't provide relief until we pass legislation providing access to the courts.