Wednesday, June 19, 2013

US EPA releases new edition of Our Built and Natural Environments profiling smart growth research

The U.S. Environmental Protection Agency just released a great report, Our Built and Natural Environments: A Technical Review of the Interactions Between Land Use, Transportation, and Environmental Quality (2nd Edition), which updates a previous edition released in 2001 and brings together a tremendous amount of research from the past decade.  The report has many interesting tidbits, and references, for those land use scholars interested in urban environmental issues.  Below are several key findings from the report, as listed in the release:

[The report] discusses the status of and trends in land use, development, and transportation and their environmental implications. Findings include:

The U.S. population is projected to grow 42 percent between 2010 and 2050, from 310 million to 439 million (Vincent and Velkoff 2010).
While the population roughly doubled between 1950 and 2011 (U.S. Census Bureau), vehicle travel during this same period increased nearly sixfold (Federal Highway Administration 2010 and 2012). However, evidence suggests that the growth of vehicle travel might be slowing in recent years.
Virtually every metropolitan region in the United States has expanded substantially in land area since 1950—including regions that lost population during that time (U.S. Census Bureau).

[The report] articulates the current understanding of the relationship between the built environment and the quality of air, water, land resources, habitat, and human health. Findings include:

Biodiversity: For nearly all plants and animals, species diversity declines with increases in the amount of impervious surface, road density, time since development, human population density, and building density (Pickett et al. 2011).
Water: Development in watersheds reduces the quantity, quality, and diversity of stream habitat for aquatic life (Booth and Bledsoe 2009). As water is polluted and degraded, it can become unfit for drinking, swimming, fishing, and other uses.
Air: More than 38 percent of national carbon monoxide emissions and 38 percent of nitrogen oxide emissions come from highway vehicles. Stationary sources like power plants that provide energy to homes, offices, and industries are also major sources of pollution (EPA 2012).
Climate Change: Greenhouse gas emissions from the transportation sector increased 19 percent between 1990 and 2010, due primarily to the increase in vehicle travel but partially offset by a slight increase in average fuel economy as older vehicles were removed from the roads (EPA 2012).
Health: While data are lacking to determine whether the built environment determines levels of physical activity and/or obesity, nearly 90 percent of studies found a positive association (Ferdinand et al. 2012), suggesting that the built environment is one of the many factors that could play a role in how much people exercise and levels of obesity.
Safety: Car crashes are the third leading cause of death in terms of years of life lost given the young age of so many car crash victims and the number of years they would have been expected to live if they had not died in a car crash. Only cancer and heart disease are responsible for more years of life lost (Subramanian 2011).

[The report] provides evidence that certain kinds of land use and transportation strategies can reduce the environmental and human health impacts of development. Findings include:

Development in and adjacent to already-developed areas can help protect natural resources like wetlands, streams, coastlines, and critical habitat.
Residents of transit-oriented developments are two to five times more likely to use transit for commuting and non-work trips than others living in the same region (Arrington and Cervero 2008).
In general, the greater the population density of an area, the less the area's residents tend to drive (Transportation Research Board of the National Academies 2003). Doubling residential density across a metropolitan region could reduce household vehicle travel by between 5 and 12 percent (National Research Council of the National Academies, Driving and the Built Environment 2009).
Communities with streets designed for the safety of all users can encourage walking and biking and help people lead healthier lifestyles (Giles et al. 2011).
A review of green building retrofits of commercial buildings around the world found energy savings of 50 to 70 percent (Harvey 2009).
Water-efficient household appliances and fixtures can yield significant water savings, and careful selection of construction materials can conserve natural resources and improve indoor air quality. Site-scale green infrastructure can also reduce development's impacts on water quality.

A good resource, and well worth a look! US EPA is also holding a webinar on the report on Wednesday, July 24 at 2:00 p.m.

Stephen R. Miller 


June 19, 2013 | Permalink | Comments (0) | TrackBack (0)

Lee on Eminent Domain's Just Undercompensation

Brian Lee (Brooklyn) has posted Just Undercompensation: The Idiosyncratic Premium in Eminent Domain, 113 Colum. L. Rev. 593 (2013).  Lee presents an interesting challenge to recent scholarship recognizing "confiscation of the uncompensated increment" to use Lee Fennell's terminology.  The article does not reject above-market compensation altogether but instead criticizes premium approaches for redistributing wealth to the already well-off.  Here's the abstract:

When the government exercises its power of eminent domain to take private property, the Fifth Amendment to the U.S. Constitution requires that the property's owners receive "just compensation," which the Supreme Court has defined as equal to the property’s fair market value. Today, a well-established consensus exists on three basic propositions about this fair market value standard. First, the standard systematically undercompensates owners of taken property, because market prices do not reflect owners' personal valuations of particular pieces of property. Second, this undercompensation is unfair to those owners. And third, an appropriate way to rectify this problem is to add fixed-percentage bonuses to the amount of compensation paid. Several states have recently enacted laws requiring such bonuses, and prominent academics have endorsed their adoption. This Article, however, argues that all three of these widely accepted propositions are false. First, examining the economics of market-price formation reveals that fair market value includes compensation for more subjective value than previously recognized. Second, much of what market value leaves uncompensated should not, in fairness, receive compensation. Third, although justice may require paying compensation above fair market value in certain situations, this Article argues that the solution favored by academics and recent state legislation is itself unjust, undermining the civic and moral equality of rich and poor property owners by relatively overcompensating the rich while undercompensating the poor for losses which have equal value to rich and poor alike. The Article concludes by showing how an alternative approach can avoid these fairness problems.

Jim K.

June 19, 2013 in Constitutional Law, Eminent Domain, Property, Property Rights, Property Theory, Redevelopment, Scholarship | Permalink | Comments (0) | TrackBack (0)

Tuesday, June 18, 2013

Godsil on a Fair Housing Response to Gentrification

Rachel Godsil (Seton Hall) has posted The Gentrification Trigger: Autonomy, Mobility, and Affirmatively Furthering Fair Housing, 78 Brook. L. Rev. 319 (2013).  It's wonderful to have Rachel's civil rights scholarship back in the (urban) neighborhood again.  Here's the abstract:

Gentrification connotes a process where often white “outsiders” move into areas in which once attractive properties have deteriorated due to disinvestment. Gentrification creates seemingly positive outcomes, including increases in property values, equity, and a city’s tax base, as well as greater residential racial and economic integration; yet it is typically accompanied by significant opposition. In-place residents fear that they will either be displaced or even if they remain the newcomers will change the culture and practices of the neighborhood. Gentrification then is understood to cause a loss of community and autonomy – losses that have been well recognized in the eminent domain literature.

This article focuses on gentrifying neighborhoods that were abandoned during the government sponsored suburban migration of the 1950s through the 1980s. Racially discriminatory practices of government and private actors often denied Black and Latino families the option either to join the migration to the suburbs or to maintain their homes in city neighborhoods. This article argues that in-place residents of now gentrifying neighborhoods should have access to rental vouchers or low-interest loans to restore the autonomy they were previously denied, providing them with viable, self-determining options to remain or exit the neighborhood. Such a remedy – which is consistent with the Fair Housing Act’s obligation to HUD and its grantees to “affirmatively further fair housing” – has the potential to alter the political terrain of gentrification.

Jim K.

June 18, 2013 in Affordable Housing, Race, Scholarship | Permalink | Comments (0) | TrackBack (0)