‘Green icing on the Gray Cake?’ Green infrastructure in federal enforcement action

Abstract

ABSTRACT A growing number of local governments are adopting Green Infrastructure (GI) as a strategy for urban stormwater management. In the United States, GI has gained particular momentum through federal initiatives. Previous studies have identified regulatory factors playing a pivotal role in the adoption of GI at the local level. However, the integration of GI with federal enforcement actions has received limited research attention. This study examines the first generation of federal consent decrees with GI provisions to provide insights into federal GI policy and local GI planning. The findings reveal inconsistency in GI requirements, with some cases merely encouraging GI adoption, while others mandating a more specific approach to planning and implementation. Drawing on existing GI scholarship, the results of this study suggest the establishment of universal requirements, such as piloting projects, defining success criteria, and incorporating equity considerations into local GI planning.