On September 17, a leaderless (or, alternatively, leader-full) group of people began a demonstration aimed at highlighting the vast income inequality that exists in this country today. Named ‘Occupy Wall Street’, they gathered to express their outrage at the collusion between the country’s largest financial institutions and the government – a relationship which led to the 2008 financial collapse and one that has greatly increased the already vast wealth gap.

Among the many early decisions made by this group that allowed the movement to be so successful (catchy name, lack of hierarchy, open decision making process, etc.), one additional decision stands out as particularly wise – the location of the demonstration. (more…)

Next Thursday, the New York City Zoning Resolution turns 50 years old. As zoning nerds the world over take a minute to acknowledge this milestone, we must not forget to turn our attention to the next 50 years and start considering specific actions that will encourage the progress of this great city and preserve its competitive advantage. It is time to think big…literally.

While planning (and zoning, for that matter) doesn’t happen in a vacuum, as we look at the next 50 years, architects of the City’s planning and zoning policies should take three words into consideration – no, not location location location. Urban planning technocrats, elected officials, neighborhood groups, and all other stakeholders should be guided by the following three words: (more…)

New Jersey’s Council on Affordable Housing (COAH) has been officially abolished, with Gov. Chris Christie’s administration announcing that affordable housing oversight has been transferred to another department of the state government.  Christie issued a reorganization plan in June to eliminate the 12-member housing board and switch its duties to the Department of Community Affairs (“DCA”).

The reorganization was criticized by Kevin Walsh, associate director of the Fair Share Housing Center, who said “the governor is attempting to consolidate power so he can allow municipalities where the wealthiest New Jerseyans live keep out working folks.”  According to the governor, the goal of the re-organization plan is to address the needs of both the providers and beneficiaries of affordable housing in New Jersey by organizing all programs within a single regulatory body.   

According to the Office of the DCA Commissioner, the Commissioner will support the creation of affordable housing by increasing regulatory flexibility and efficiency and immediately implementing interim streamlined protocols regarding the following: review of requests for agency action, including waiver and motion requests; review and approval of spending plans; review and approval of development fee ordinances; approval of Administrative Agents and Municipal Housing Liaisons; approval of affordable housing operating manuals; and public noticing procedures.  The Commissioner’s interim procedures, supposedly will help foster predictability and consistency for municipalities, developers and housing advocates, curb procedural inefficiencies that result in unreasonable delays and costs to municipalities and the private sector, while promoting the availability of affordable housing throughout the State.  The Commissioner will propose permanent procedures pursuant to the Administrative Procedures Act.

Because there was previous confusion/contention regarding how to determine a municipalities “fair share” of existing and future affordable housing need, and how to meet that need, it seems that the NJ courts will yet again be asked to intervene in the creation of affordable housing.  It has been 36 years since the first Mt. Laurel decision (Southern Burlington County N.A.A.C.P. v. Township of Mount Laurel, 67 N.J. 151 (1975); how many more years will it take to resolve?

HUD and Westchester County continue to disagree regarding the implementation of the settlement agreement to produce 750 units of affordable housing in communities with low minority population representation.  The federal monitor is reviewing the situation and will issue a determination.

Please see the recent response by HUD Public Affairs to Wall Street Journal article (“Why the War of Words?”).  Also see a Journal News editorial critical of Westchester County’s failure to comply with agreed to settlement (“A Journal News editorial:  Housing foes embrace politics, shun history“). 

Similar to the Mt. Laurel decisions, it seems it will take considerable more time to provide affordable housing.

The controversy over hydraulic fracturing in New York State has entered a new phase with the release of a draft Supplemental Generic Environmental Impact Statement (“DSGEIS”) by the New York State Department of Environmental Conservation (“DEC”) containing recommendations for the implementation of high-volume hydraulic fracturing in New York.  If implemented, these recommendations would end a moratorium on permits for drilling new wells for high-volume hydraulic fracturing (also known as “hydrofracking”).  The moratorium has effectively been in place since 2008 and was made official by an Executive Order issued by then-Governor David Paterson in December 2010.

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The U.S. Supreme Court has issued a significant decision in a controversial case involving climate change and the Federal regulation of greenhouse gas emissions. On June 20, in American Electric Power Co., Inc. v. Connecticut, (Case # 10-174) the Supreme Court ruled that Congress, via the Clean Air Act, has authorized the U.S. Environmental Protection Agency (EPA) to regulate greenhouse gas emissions. This authority means that the Federal government has “occupied the field” of greenhouse gas emission regulation, thus precluding suits by third parties under federal common law (such as public nuisance claims) as a means to compel companies that emit greenhouse gases in their operations to limit those emissions. More importantly, this decision marks the second time that the Supreme Court has affirmatively stated that Congress has granted EPA the authority to regulate the emission of greenhouse gases, such as carbon dioxide, which is believed by a majority of the scientific community to be causing or contributing to global climate change. (more…)

Sometimes, we get lost in the details and forget to step back and ask the basic questions.  In the speed of the everyday, we end up focusing on nuances, instead of looking at the big picture – the proverbial forest for the trees. When dealing with New York City zoning, this can often be the case.  In this case, the “basic question” that needs to be asked here is – ‘What is the Point?’.  Why do we have zoning?  What is its goal? (more…)

Last week, the Municipal Art Society (MAS) held the first of what will likely be many 50th anniversary “celebrations” of the City’s thousand-plus page Zoning Resolution.

Alas, like President Obama and the Zoning Resolution, I too was born in 1961. I don’t have my long form birth certificate – but trust me – I am as aged as the City’s zoning. (more…)

On June 6, the U.S. Supreme Court decided not to consider a constitutional challenge brought by the General Electric Company (“GE”) against an enforcement mechanism frequently used by the United States Environmental Protection Agency (“EPA”) to compel potentially responsible parties (“PRPs”–see discussion below) to clean up contaminated sites under the Federal Superfund law.  The Supreme Court’s refusal to hear the case, known as a denial of certiorari, lets stand a decision of the U.S. Court of Appeals for the District of Columbia Circuit in favor of EPA in the case of General Electric Co. v. Jackson, 610 F.3d 110 (D.C. Cir., June 29, 2010).  GE had claimed that the particular enforcement mechanism, known as a Unilateral Administrative Order (“UAO”) represented a violation of the constitutional right to due process.  The Supreme Court’s action would appear to preclude further due process challenges to EPA’s use of the UAO. (more…)

If we can agree that the goal is to get people to use less energy, less water, less oil; to get people to invest in greener buildings, greener technologies, greener transportation; then the question is – how do we do it?  How do we get to a state where people and companies are making more environmentally conscious choices? Ultimately, we must answer the question – What changes behavior?

Last month, I spent two weeks in Israel.  With its geographic location coupled with the space it inhabits politically, Israel has severe environmental and resource challenges – much more so than the United States.  With water scarce and the cost expensive, Israel has had to address these (and many other environmental issues) for decades.

When it comes to water, Israel gives a quota for “normal usage” to its residents.  Residents are charged a standard rate for the first 30 cubic meters (for a family of 4 every 2 months).  Above that limit, residents are charged a much higher rate, in addition to an over-usage penalty.

When it comes to gas, your eyes may be rolling lately at the price of gas in the US, but Israelis can pay as much as three times the price we do.  As a result, their cars are much smaller (SUV’s are a rarity) and public transit is robust and well-used.

As for energy usage, Israel has embraced solar technologies for more than 30 years.  Just take a look at the rooftops in Tel Aviv.  Nearly every one has a solar panel connected to the building’s water heater.

These are just a few examples of how Israel is addressing some of its sustainability challenges.  Now some might say that Israel, because of its geography and lack of resources, was forced to encourage its citizens to act more sustainably.  And that’s exactly the point.  Sometimes we need a push in the right direction in order to achieve meaningful results. (more…)