Sunday, May 15, 2011

Alexander on New Regionalist Approaches to Sustainable Communities

Speaking of HUD, here's a new article from Lisa T. Alexander (Wisconsisn) called The Promise and Perils of ‘New Regionalist’ Approaches to Sustainable Communities, forthcoming in the Fordham Urban Law Journal, Vol. 38 (2011).  The abstract:

This Article argues that "new regionalism" is a form of "new governance." New regionalist approaches include collaborative efforts between cities and outlying suburbs to resolve metropolitan challenges such as affordable housing creation, transportation and sprawl. Such practices focus on regions as key sites for the resolution of public problems that transcend traditional local government and state boundaries. New regionalist praxis responds to local government law's failure to advance equity and sustainability throughout metropolitan regions. New regionalism promotes voluntary agreements and interlocal collaborations, rather than formal government or mandated regulation to resolve regional problems. New regionalism, then, is a form of new governance. The term new governance describes problem-solving processes that shift away from traditional government and regulation, towards voluntary, public/private collaborations including multiple stakeholders. New governance supporters assert that such approaches can enhance the participation of traditionally marginalized groups in reform and lead to more equitable outcomes. This Article examines the institutional design of the Obama Administration's Sustainable Communities Regional Planning Grant Program (the "Grant Program"), as well as its initial implementation in the Madison, Wisconsin/Dane County area, as a test of these claims. This Article identifies the Grant Program's promise and perils in advancing meaningful stakeholder participation and distributive justice. The Article concludes by making recommendations to improve the Grant Program and by outlining the implications of these observations for new regionalist and new governance practice.

Matt Festa

May 15, 2011 in Affordable Housing, Community Design, HUD, Local Government, Planning, Scholarship, Sprawl, State Government, Suburbs, Sustainability, Transportation | Permalink | Comments (0) | TrackBack (0)

Tuesday, May 10, 2011

Hirokawa on Sustaining Ecosystem Services Through Local Environmental Law

Keith H. Hirokawa (Albany) has posted another piece: Sustaining Ecosystem Services Through Local Environmental Law, forthcoming in the Pace Environmental Law Review, Vol. 28, No. 3 (2011).  The abstract:

In the early decades of modern environmental law, local governments retained their prerogative over community design and other essentially local matters, but were largely excluded from the debate on national environmental policy. More recently, environmental lawyers have reignited the question of how and where the local government regulation of land use impacts intersects with environmental quality. It is interesting to note that as the national dialogue has turned to the important role of local governments in achieving our environmental quality goals, there has been a corresponding emergence of an "ecosystem services" approach to understanding nature. It is more interesting to note how many of the stories of ecosystem services – successes, explanations, and illustrations – take place in local governments and in community decision making. Perhaps by coincidence, but likely due to design, local environmental law and ecosystem services have evolved in a complementary manner.

This article looks at the recent trends in recognizing and regulating ecosystem services at the local level. Local governments are adopting regulations aimed at capturing the benefits of functioning ecosystems by transcending aesthetic values of local nature and focusing on ecological processes and the services they provide. Section II introduces the topic by arguing that because of the manner in which local governments regulate environmental impacts, the value embedded in ecosystem services is commensurable with local regulation. Section III illustrates the relationship between local governance and ecosystem services, as well as the opportunities presented by this relationship, by examining some of the ways that local environmental law has embraced the advantages of an ecosystem services perspective. This article concludes that local governments are leaders in the implementation of ecosystems services-based regulation, that communities are the direct beneficiaries of such action, and that this is exactly as it should be.

Matt Festa

May 10, 2011 in Community Design, Environmental Law, Environmentalism, Local Government, Scholarship, Sustainability | Permalink | Comments (0) | TrackBack (0)

Monday, May 9, 2011

Zoning for Solar Energy on Federal Lands

A recent proposal from two federal agencies recommends using zoning to encourage and coordinate utility-scale solar energy development on public lands.

Last December, the U.S. Department of Energy (DOE) and Bureau of Land Management (BLM) released their Draft Solar Programmatic Environmental Impact Statement (PEIS), which summarizes a two-year study of the potential environmental impacts of industrial-scale solar energy development on BLM land in six western states.  Based on the study, the DOE and BLM want to designate 24 specific areas covering more than 1,000 square miles of land in those states as Solar Energy Zones—areas where the BLM would prioritize its solar energy siting activities. 

The PEIS is intriguing from an academic perspective in that it evidences the DOE’s and BLM’s deliberate effort to direct solar energy development only to those specific geographic areas that can accommodate the development for the lowest environmental cost.  As Professor Sara Bronin recently emphasized in her article, Curbing Energy Sprawl with Microgrids, siting renewable energy projects in remote areas often requires expansive transmission infrastructure and other improvements that can intrude upon habitats and pristine wilderness.  For those reasons, some conservation and wildlife protection groups have expressed dissatisfaction over the new PEIS and continue to oppose solar energy projects on federal lands (for example, Colorado-based Solar Done Right released a report last month sharply criticizing the document).  On the other hand, the PEIS does attempt to address environmental concerns and should facilitate more cost-justified solar energy development on BLM property.  And markets seem poised to move more of these projects forward:  Google recently announced its commitment to invest $168 million in Brightsource’s Ivanpah Solar Project on BLM land in California’s Mojave Desert.

Troy Rule

May 9, 2011 in Clean Energy, Comparative Land Use, Development, Environmental Law, Planning, Sustainability, Zoning | Permalink | Comments (1) | TrackBack (0)

Monday, April 25, 2011

Adler on Climate, Water, Agriculture, and Drought

Robert W. Adler (Utah) has posted Balancing Compassion and Risk in Climate Adaptation: U.S. Water, Drought and Agricultural Law, forthcoming in the Florida Law Review.  The abstract:

This article compares risk spreading and risk reduction approaches to climate adaptation. Because of the buildup of greenhouse gases in the atmosphere from past practices, the world is "committed" to a significant amount of global average warming. This is likely to lead to significant increases in the frequency, severity and geographic extent of drought. Adaptation to these and other problems caused by climate disruption will be essential even if steps are taken now to mitigate that disruption. Water and drought policy provide an example of the significant policy tension between compassion and risk reduction in climate adaptation, and how those tensions affect broader national economic policies. Because water is essential to lives and livelihoods, the compassionate response to drought is to provide financial and other forms of relief. Guaranteed, unconditional drought relief, however, can encourage unsustainable water uses and practices that increase vulnerability to drought in the long-term. Moreover, the agricultural sector is the largest consumptive user of water in drought-prone regions, but longstanding U.S. agricultural policy encourages excess production and water use. Effective adaptation to climate disruption will have to strike a balance between providing essential short-term relief from hardship and promoting longer-term measures to reduce vulnerability through more sustainable water use and other practices. It will also require fundamental reconsideration of laws and policies that drive key economic sectors that will be affected by climate disruption. Although water, drought and agricultural law provide one good example of this tension, the same lessons are likely to apply to other sectors of the economy vulnerable to climate disruption, such as real estate development and energy production.

A significant paper on drought and the increasingly alarming state of U.S. water resource law.

Matt Festa

April 25, 2011 in Agriculture, Climate, Environmental Law, Environmentalism, Property, Scholarship, State Government, Sustainability, Water | Permalink | Comments (0) | TrackBack (0)

Doremus (and many more) on Adaptive Management

Holly Doremus (Cal-Berkeley) collaborated with nine other scholars and two staff members from the Center for Progressive Reform to produce Making Use of Adaptive Management. Here's the abstract:

Over the last two decades, natural resource scientists, managers, and policymakers have increasingly endorsed “adaptive management” of land and natural resources. Indeed, this approach, based on adaptive implementation of resource management and pollution control laws, is now mandated in a variety of contexts at the federal and state level. Yet confusion remains over the meaning of adaptive management, and disagreement persists over its usefulness or feasibility in specific contexts.

This white paper is intended to help legislators, agency personnel, and the public better understand and use adaptive management. Adaptive management is not a panacea for the problems that plague natural resource management woes. It is appropriate in some contexts, but not in others. Drawing on key literature as well as case studies, we offer an explanation of adaptive management, including a discussion of its benefits and challenges; a roadmap for deciding whether or not to use it in a particular context; and best practices for obtaining its benefits while avoiding its potential pitfalls. Following these recommendations should simultaneously improve the ability of resource managers to achieve management goals determined by society and the ability of citizens to hold managers accountable to those goals.

The nine other scholars listed as co-authors (Andreen, Camacho, Farber, Glicksman, Goble, Karkkainen, Rohlf, Tarlock and Zellmer) make this white paper an all-star production. As an environmental 'greenhorn', I found the explanation of the concept of adaptive management straightforward and compelling. The case studies illustrate not only best practices but cautionary tales belying elevation of adaptive management as a panacea for the protection of all complex ecosystems.

Jim K.

April 25, 2011 in Coastal Regulation, Conservation Easements, Environmental Law, Environmentalism, Sustainability, Water, Wetlands | Permalink | Comments (0) | TrackBack (0)

Saturday, April 23, 2011

Blumm & Guthrie on Internationalizing the Public Trust Doctrine

Michael C. Blumm (Lewis & Clark) and R.D. Guthrie (Lewis & Clark) have posted Internationalizing the Public Trust Doctrine: Natural Law and Constitutional and Statutory Approaches to Fulifilling the Saxion Vision, forthcoming in University of California Davis Law Review, Vol. 44, (2012).  The abstract:

The public trust doctrine, an ancient doctrine emanating from Roman law and inherited from England by the American states, has been extended in recent years beyond its traditional role in protecting public uses of navigable waters to include new resources like groundwater and for new purposes like preserving ecological function. But those state-law developments, coming slowly and haphazardly, have failed to fulfill the vision that Professor Joseph Sax sketched in his landmark article of forty years ago. However, in the last two decades, several countries in South Asia, Africa, and the Western Hemisphere have discovered that the public trust doctrine is fundamental to their jurisprudence, due to natural law or to constitutional or statutory interpretation. In these dozen countries, the doctrine is likely to supply environmental protection for all natural resources, not just public access to navigable waters. This international public trust case law also incorporates principles of precaution, sustainable development, and intergenerational equity; accords plaintiffs liberalized public standing; and reflects a judicial willingness to oversee complex remedies. These developments make the non-U.S. public trust case law a much better reflection than U.S. case law of Professor Sax’s vision of the doctrine.

A timely article considering the recent upsurge in caselaw and commentary on the public trust doctrine.

Matt Festa

April 23, 2011 in Beaches, Caselaw, Comparative Land Use, Environmentalism, History, Property, Scholarship, State Government, Sustainability, Water | Permalink | Comments (0) | TrackBack (0)

Tuesday, April 5, 2011

Practically Grounded Conference

We've already blogged about the very exciting upcoming conference Practically Grounded – Embracing Skill and Values Teaching in Land Use, Environmental, and Sustainable Development Law Classes, May 5 at Pace.  The official brocure is now out--click the link for a full-size version, and please consult the website for more information and registration.  It looks like a great program, and I'm very much looking forward to it.

Download Practically Grounded

Matt Festa

April 5, 2011 in Conferences, Environmental Law, Scholarship, Sustainability, Teaching | Permalink | Comments (0) | TrackBack (0)

Wednesday, March 30, 2011

NYT Dialogue on Shrinking Cities

The latest census figures from Detroit (Chad's hometown blogged about here and here) have inspired the New York Times to solicit opinions from several urban planning experts about the way forward for post-industrial cities confronted with large-scale property abandonment.  Jennifer Bradley (Brookings-MPP) and Terry Schwarz (Kent State's Cleveland Urban Design Collaborative) each offer shrinking city visions that challenge the idea that all planning must be for demographic expansion and economic growth.  Their greening strategies, including attention to urban agriculture and ecosystems, contemplate a 'new normal' for cities that may, in some ways, be better than historical peak periods.

Richard Florida (Toronto-Business) and Sam Staley urge beleaguered areas to pursue a focused (and apparently unsubsidized) effort to retain and attract residents in a mobile society.  Still others, such as Toni Griffin (Harvard-Planning), see Detroit and similar cities as merely the most egregiously wounded casualties of unsustainable sprawl-promoting policies that must be changed throughout the U.S.  These brief articles and even the comment board are all worth checking out. (Hat Tip to Nicole Garnett (Notre Dame) and her student, Sean Ashburn)

I would also encourage those interested in working with the land use challenges faced by undercrowded, post-industrial cities to check out The Center for Community Progress (f/k/a National Vacant Properties Campaign).  Over the years, I have had the chance to participate in conferences and technical assistance efforts that have brought urban development practitioners together with experts such as Jennifer Bradley, Terry Schwarz, Kermit Lind (Cleveland State), Joe Schilling (Va. Tech-Metropolitan Inst.)  and CCP's co-founder, Frank Alexander (Emory).

Jim K.

March 30, 2011 in Community Design, Community Economic Development, Comprehensive Plans, Crime, Density, Detroit, Development, Economic Development, Planning, Redevelopment, Smart Growth, Sustainability | Permalink | Comments (0) | TrackBack (0)

Monday, March 14, 2011

Rule on Airspace in a Green Economy

Troy A. Rule (Missouri) has posted Airspace in a Green Economy.  The abstract:

The recent surge of interest in renewable energy and sustainable land use has made the airspace above land more valuable than ever before. However, a growing number of policies aimed at promoting sustainability disregard landowners‘ airspace rights in ways that can cause airspace to be underutilized. This article analyzes several land use conflicts emerging in the context of renewable energy development by framing them as disputes over airspace. The article suggests that incorporating options or liability rules into laws regulating airspace is a useful way to promote wind and solar energy while still respecting landowners‘ existing airspace rights. If properly tailored, such policies can facilitate renewable energy development without compromising landowners‘ incentives and capacity make optimal use of the space above their land. The article also introduces a new abstract model to argue that policymakers should weigh the likely impacts on both rival and non-rival airspace uses when deciding whether to modify airspace restrictions to encourage sustainability.

Troy was on a very good land use panel at ALPS with some of our blog friends, and we might be fortunate enough to hear more from him later this year (hint, hint). 

Matt Festa

March 14, 2011 in Clean Energy, Environmentalism, Scholarship, Sustainability | Permalink | Comments (0) | TrackBack (0)

Saturday, March 12, 2011

Cleveland's EcoVillage

Dennis Keating (Cleveland State) and Wendy Kellogg (Cleveland State-Urban Affairs) have posted Cleveland's Ecovillage: Green and Affordable Housing Through a Network Alliance.  The article offers a case study of EcoVillage, a transit-oriented affordable housing project in the Detroit Shoreway neigborhood of Cleveland.  Here's the abstract:

This article presents a case study of the inter-organizational network that formed to produce four housing projects in Cleveland's EcoVillage designed to integrate social equity and ecological stewardship as the basis for neighborhood redevelopment. Our paper builds on concepts of community development and housing production through inter-organizational networks spanning nonprofit, public, and private organizations that developed and supported four green and affordable housing projects. We are interested in understanding how development of the housing projects changed and connected traditional neighborhood development and ecologically-oriented organizations and how their interaction changed the practice of housing production and environmental and sustainability advocacy locally and regionally. The results of the study reveal that the marriage of green and affordable housing in Cleveland, despite some challenges, was viewed as important and beneficial by the organizations involved, and resulted in a range of demonstration projects that not only changed the EcoVillage, but affected other neighborhood housing projects in Cleveland as well. The projects resulted in enhanced capacity for green housing production through creation of a new network of organizations spanning the housing and environmental sustainability fields of practice that continues to support sustainable housing and neighborhood development in Cleveland.

Jim K.

 

March 12, 2011 in Affordable Housing, Climate, Community Economic Development, Density, Development, Environmentalism, New Urbanism, Pedestrian, Planning, Redevelopment, Scholarship, Smart Growth, Sustainability, Urbanism | Permalink | Comments (0) | TrackBack (0)

Thursday, March 10, 2011

Salkin and Nolon on Sustainable Development and Climate Change for Planners and Attorneys

Patricia Salkin (Albany) and John Nolon (Pace) have posted Integrating Sustainable Development Planning and Climate Change Management: A Challenge to Planners and Land Use Attorneys, published in Planning and Environmental Law, Vol. 63, p. 3, March 2011.  The abstract:

This essay is based on our new book, Climate Change and Sustainable Development Law in a Nutshell (West 2011) which describes the close relationship between sustainable development and climate change management. It begins with a discussion of recent discussions and agreements at the international level and it provides a brief history of sustainable development and climate change policy. The article then explores national and local strategies to address sustainable development goals. Local planning and zoning, transit oriented development, energy efficiency and green infrastructure issues are also addressed.

The book, Climate Change and Sustainable Development Law in a Nutshell, is really helpful for lawyers, planners, and students in getting an orientation to this very hot topic.  The article provides some great examples and pushes us to think about the federal/state/local/sublocal legal divides that land users have to face. 

Matt Festa

March 10, 2011 in Books, Clean Energy, Climate, Development, Environmentalism, Federal Government, Green Building, Local Government, Planning, Property, Scholarship, Smart Growth, State Government, Sustainability, Transportation, Zoning | Permalink | Comments (0) | TrackBack (0)

Wednesday, March 9, 2011

Rosser on Carbon Offsets

It was great to have the chance at ALPS to get a preview of a work-in-progress by Ezra Rosser (American).  In his talk, "The Limits of (Progressive) Property," Ezra articulated the reasons for his pessimism about property law as a vehicle for progressive social change, responding to the views expressed by several leading neo-Aristotelian property scholars in a 2009 special issue of the Cornell Law Review.  I am looking forward to seeing Ezra's work in print.

Recently Ezra has posted his forthcoming article, Offsetting and the Consumption of Social Responsibility, 89 Wash. L. Rev. ___ (2011).  Here's the abstract:

This Article examines the relationship between individual consumption and consumption-based harms by focusing on the rise in consumption offsetting. Carbon offsets are but the leading edge of a rise in consumer options for offsetting externalities associated with consumption. Moving from examples of quasi offsetting to environmental offsetting and the possibility of poverty offset institutions, I argue that offsetting provides a valuable mechanism for individuals to correct for the harms associated with consumption. This article makes two major contributions to how we understand the relationship between consumption and social responsibility. First, it identifies an emerging offsetting phenomenon in seemingly discrete market practices and gives suggestions for improving upon them. Second, it suggests that by taking seriously both consumption and externalities, progress can be made on everything from the environment to global poverty. Offsetting, while not getting at all moral or societal obligations, does root such obligations in the shared activity, and perhaps belief, of Americans: consumption.

Jim K.

March 9, 2011 in Clean Energy, Climate, Environmental Justice, Environmental Law, Environmentalism, Green Building, Property, Property Theory, Scholarship, Sustainability | Permalink | Comments (0) | TrackBack (0)

Wednesday, March 2, 2011

Long on Sustainability v. Sprawl in the Post-Public-Lands West

Jerry Long (Idaho) explores the causes of and reasons for a community's commitment to sustainable land-use planning in his recently posted Private Lands, Conflict, and Institutional Evolution in the Post-Public-Lands West, 28 Pace Env. L. Rev. ___ (forthcoming 2011).  Here's the abstract:

As rural communities face amenity-driven population growth and globalizing culture and economic systems, the process by which those communities imagine and implement desired futures grows increasingly complex. Globalization- and technology-facilitated and amenity-driven population growth increases the value of place-bound benefit streams – including land – promoting increased levels of physical development and a changed built environment. At the same time, globalizing culture and evolving local demographics might alter local land-use ideologies, yielding a preference for resource protection and more sustainable local land-use regimes. This article engages in a theoretical and empirical exploration that seeks to answer a single question: Why, in the face of competing land-use ideologies, might a community choose to adopt a more resource-protective, or resource-sustaining, land-use regime? Ultimately, it is only upon witnessing the actual effects of previous choices on the ground – including most significant, real harm to valued social or natural amenities – that a community is able to imagine and implement a land-use regime that can protect the amenities that community values.

Jim K.

March 2, 2011 in Community Design, Community Economic Development, Comprehensive Plans, Conservation Easements, Density, Development, Environmental Law, Environmentalism, Federal Government, Globalism, Land Trust, Las Vegas, Local Government, Planning, Scholarship, Smart Growth, Sprawl, Subdivision Regulations, Suburbs, Sun Belt, Sustainability, Urbanism, Water, Zoning | Permalink | Comments (0) | TrackBack (0)

Tuesday, March 1, 2011

Introducing Jonathan Rosenbloom

RosenbloomJonathan We've had some really terrific guest bloggers here lately at the Land Use Prof Blog, giving us great contributions and ideas in a number of different areas of land use law.  We now have the privilege of introducing Jonathan Rosenbloom, who will be joining us for March.

Jonathan is an Assistant Professor at Drake University, where he teaches and researches in the fields of Sustainability, Environmental Law, State & Local Government, and Property.  His current research looks at issues in local government law with regard to sustainability.  Jonathan previously taught as a visitor at Stetson, and he has substantial experience at the Center for New York City Law as well as in private practice and clerking.  Now that he's in Iowa, though, he might be our first Midwestern contributor.*  You can check out his bio page or vita, but more importantly, stand by to check out his contributions to the Land Use Prof Blog! 

Matt Festa

* With the possible exception of Tony Arnold.  When I lived in Kentucky I occasionally heard something to the effect that "Lexington is Southern; Louisville is Midwestern."

March 1, 2011 in Local Government, New York, Property, Scholarship, Sustainability, Teaching | Permalink | Comments (2) | TrackBack (0)

Monday, February 28, 2011

Federal Sustainability Program May Get the Axe

The new Sustainability Communities Initiative by HUD, DOT and EPA is barely a year old, and the House Appropriations Committee has proposed to cut its funding before it gets off the ground.  You can read an interesting piece on this issue on New Urban Network.

Jamie Baker Roskie

February 28, 2011 in Budgeting, Federal Government, Sustainability | Permalink | Comments (0) | TrackBack (0)

Saturday, February 26, 2011

Weekend Break: Local Hero (1983)

As I get ready for Property's land-use finale this semester, I will be making room to show a scene from one of my favorite movies of all time, Bill Forsyth's Local Hero.  A mid-level oil executive (Peter Riegert) is dispatched by the company CEO (Burt Lancaster) to buy up an entire Scottish coastal village to make way for a vast North Sea petrochemical facility.  Almost to a person, the villagers welcome the opportunity to pull up stakes and sell. 

The scene that I will show involves the negotiations over relocating the elderly beachcomber, who is skeptical about releasing his legal claim in exchange for any of the most expensive tropical shorelines in the world.  Another scene offers a brief exchange relating to sustainable economic development.  Both go quickly to the heart of the difference between market and subjective valuations of land and the role the latter plays in sustaining community.  If nothing else, my prep will be an excuse to watch one of the funniest movies about modern village life around.

Jim K.

February 26, 2011 in Beaches, Community Economic Development, Development, Economic Development, Eminent Domain, Environmentalism, Oil & Gas, Property, Property Theory, Sustainability, Takings | Permalink | Comments (1) | TrackBack (0)

Thursday, February 24, 2011

Meyer on Community Participation in Environmental Cleanup Decisions

The last installment in the Cityscape trilogy is Peter Meyer's Brownfields, Risk-Based Corrective Action, and Local Communities.  Here's the abstract: Free Download

This article addresses the problems facing communities that suffer both environmental risks from past contamination and depressed economic activity. In such settings, redevelopment of contaminated sites and the associated economic development may require compromised standards for environmental mitigation. This potential conflict is often resolved through risk-based corrective action on sites cleaned only for their prospective use. But partial cleanups can be shown to face inevitable failure at some future date. Thus, in such an approach, communities face risks that they need to understand and should be capable of accepting or rejecting. The article considers these risks and assesses four alternative land use control strategies for assuring community participation in making decisions about both the cleanup process today and the response to risks of failure in the future.

Jim K.

February 24, 2011 in Community Design, Community Economic Development, Development, Economic Development, Environmental Justice, Environmental Law, Environmentalism, HUD, Industrial Regulation, Nuisance, Redevelopment, Scholarship, Sustainability | Permalink | Comments (0) | TrackBack (0)

Purdy on American Natures: The Shape of Conflict in Environmental Law

Jedediah Purdy (Duke) has posted American Natures: The Shape of Conflict in Environmental Law.  The abstract:

There is a firestorm of political and cultural conflict around environmental issues, including but running well beyond climate change. Legal scholarship is in a bad position to make sense of this conflict because the field has concentrated on making sound policy recommendations to an idealized lawmaker, ignoring the deeply held and sharply clashing values that drive, or block, environmental lawmaking. This Article sets out a framework for understanding and engaging the clash of values in environmental law and, by extension, approaching the field more generally. Americans have held, and legislated based upon, four distinct ideas about why the natural world matters and how we should govern it. Each of these conceptions persists in a body of environmental law, a network of interest and advocacy groups, the attitudes and even identities of ordinary citizens, and even the American landscape. The first, Providential Republicanism, treats nature as intended for productive human use, and gives high status to its users: this idea justified the European claim to North America, defined public debates about nature in the Early Republic and persists in important aspects of private and public land-use law. The second conception, Progressive Management, arose in the later nineteenth century as part of a broader legal reform movement, and gave its shape to much of federal lands policy, notably creation of the national forests and national parks. In this idea, nature’s productive use requires extensive management by public-spirited experts, whom reformers imagined as steering the environmental policy of the administrative state. The third conception, Romantic Epiphany, concentrates on the aesthetic and spiritual value of nature, and has defined both national parks policy and the creation of the national wilderness system, and lent essential support to the Endangered Species Act. This idea entered environmental politics at the turn of the last century, with the efforts of the Sierra Club and other innovators. The most recent conception of nature, Ecological Interdependence, arose in the middle of the twentieth century and shaped much of the environmental law of the 1970s and thereafter. This conception treats nature as an intensely inter-permeable web, which humans are unavoidably part of, to our benefit and hazard. Because all these ideas persist today in environmental law and politics, they provide a map of our existing statutes and doctrines and the conflicts around those laws and emerging issues such as climate change.

Looks like an interesting and important historical perspective on contemporary environmental policy. 

Matt Festa

February 24, 2011 in Climate, Environmental Law, Environmentalism, History, Politics, Property Theory, Scholarship, Sustainability | Permalink | Comments (0) | TrackBack (0)

Howland on The Private Market for Brownfield Properties

Like yesterday's featured article from Cityscape, Marie Howland's (U. Md.- Planning)The Private Market for Brownfield Properties also takes advantage of Baltimore's industrial heritage to track brownfield sales. Here's the abstract:

This study examines land sales over a 10-year period - 1990 to 2000 - in one southwest Baltimore industrial district - Carroll Camden - to determine the effect of land contamination on property sales and sales price. I tracked all sales, selling price, time on the market, and the presence of land contamination in the 5,580-acre area. The results indicate that after the mid-1990s, contaminated parcels sold on the private market, with price discounts that accounted for contamination and cleanup. Out of the 144 parcels sold over the 1990-to-2000 decade, positive and market-clearing prices were found for 45 parcels with either confirmed or historical-reasons-to-suspect contamination. Interviews with owners and brokers of parcels on the market for 2 years or more and analysis of the data indicate that the contaminated parcels that did not sell within the 2-year period (1) had above-market asking price; (2) were small and odd-shaped; (3) had inadequate road access for modern trucks; (4) had outdated water, sewer, and telecommunications connections; or (5) had incompatible surrounding land uses. Two policy implications result from these findings. First, if a city such as Baltimore wants to revitalize an industrial area - maintaining its industrial function and remediating contamination - government-subsidized cleanups may not be the most cost-effective policy. Rather, the city should (1) modernize the outdated infrastructure, including roads and fiber optic connections; (2) remove the outdated residential structures that sit in the midst of the industrial area and diminish the desirability of some land parcels for industrial use; (3) consolidate small and odd-shaped properties that are not conducive to modern manufacturing, warehousing, or other industrial uses; (4) ensure city services are efficiently provided, including trash cleanup and police and fire protection; and (5) improve access and egress for modern trucking. The evidence from the Baltimore study indicates that the private sector will discount land prices and assume cleanup responsibilities. The second policy implication is that the market is capable of brownfield cleanup in some locations.

Jim K.

 

February 24, 2011 in Community Economic Development, Development, Economic Development, Environmental Justice, Environmental Law, Environmentalism, HUD, Nuisance, Redevelopment, Scholarship, Sustainability | Permalink | Comments (0) | TrackBack (0)

Wednesday, February 23, 2011

Guignet and Alberini on Voluntary Cleanup and Brownfield Redevelopment

A recent issue of HUD's Cityscape journal contains several articles on land use and remediation of environmental contamination.  The first featured here is Voluntary Cleanup Programs and Redevelopment Potential: Lessons from Baltimore, Maryland by Dennis Guignet and Anna Alberini (both U. Md.--Ag. & Resource Econ.).  Here's the abstract:

In the United States, policy has increasingly shifted toward economic incentives and liability attenuation for promoting cleanup and redevelopment of contaminated sites, but little is known about the effectiveness of such policies. These policies include, among others, state Voluntary Cleanup Programs (VCPs), which were established in the United States in the 1990s and, to date, have been implemented in nearly every state. This article focuses on 116 Baltimore properties that were enrolled and participated in the Maryland VCP from its inception in 1997 to the end of 2006 and examines what type of properties tend to participate in these programs, how these properties compare with other eligible but nonparticipating sites, and what the redevelopment potential of VCP properties and implications is toward open-space conversion.

We find that most applicants (66 percent) actually requested a No Further Requirements Determination directly, rather than proposing cleanup. Nevertheless, the VCP led to the identification and environmental assessment of 1,175 acres of contaminated land in the city of Baltimore alone. In Baltimore, VCP properties tend to be industrial, located in areas zoned as industrial, and away from residential neighborhoods. In more recent years, larger properties have increasingly enrolled in the program. Most participating sites are reused as industrial or commercial properties. In contrast with Alberini (2007), these findings suggest that, in Baltimore, pressure for residential development has not driven VCP participation to date. Based on differences in zoning requirements, the VCP may reduce demand for potentially contaminating activities on pristine land by as much as 1,238 to 6,444 acres, in Baltimore alone.

Jim K. Free Download

February 23, 2011 in Community Economic Development, Development, Economic Development, Environmental Justice, Environmental Law, Environmentalism, HUD, Industrial Regulation, Nuisance, Redevelopment, Scholarship, Sustainability | Permalink | Comments (0) | TrackBack (0)