Land Use Regulation The Forgotten Agenda of the Environmental Movement

Land Use and the Environment Man and Nature; or Physical Geography as Modified by Human Action by George Perkins Marsh 1864 later named The Earth as Modified by Human Action Man and Nature; or Physical Geography as Modified by Human Action by George Perkins Marsh 1864 later named The Earth as Modified by Human Action Triggered naming many national parks in the United States Triggered naming many national parks in the United States

Land Use Planning Generally Local Houston, no zoning Houston, no zoning Salt Lake City, wide streets Salt Lake City, wide streets Filled areas, Philadelphia, Boston, Washington, DC Filled areas, Philadelphia, Boston, Washington, DC Farms swallowed by urban sprawl Farms swallowed by urban sprawl Wetlands filled Wetlands filled Popullution Popullution

Federal Land Use Planning In early 1970s Congress came close to enacting a federal land use policy but failed due to local land use planning opposition In early 1970s Congress came close to enacting a federal land use policy but failed due to local land use planning opposition Partially a fall out of federal attempts to control land use issues relating to air pollution control (prevented EPA from implementing parking use surcharges, reduction of number of parking spaces, and controlling location of facilities that attracted motor vehicles Partially a fall out of federal attempts to control land use issues relating to air pollution control (prevented EPA from implementing parking use surcharges, reduction of number of parking spaces, and controlling location of facilities that attracted motor vehicles

Federal Laws with Land Use Planning Clean Water Act §404 Clean Water Act §404 Coastal Zone Management Act Coastal Zone Management Act CLERCLA complicates redevelopment of industrial areas — brownfields CLERCLA complicates redevelopment of industrial areas — brownfields Surface Mining Control and Reclamation Act (SMCRA) 30 U.S.C. §§ of 1977 Surface Mining Control and Reclamation Act (SMCRA) 30 U.S.C. §§ of 1977 Endangered Species Act (ESA) Endangered Species Act (ESA) Section 176(c) of the CAA influences transportation and construction projects (SIP) Section 176(c) of the CAA influences transportation and construction projects (SIP)

Federal Laws with Land Use Planning (Cont) 1990 CAA Amendments strengthened conformity with Urban Mass Transportation Act requiring Metropolitan Planning Organization (MPO) to develop regional transportation plans 1990 CAA Amendments strengthened conformity with Urban Mass Transportation Act requiring Metropolitan Planning Organization (MPO) to develop regional transportation plans Intermodal Surface Transportation Efficiency Act (ISTEA), 49 U.S.C. §5501 (1991) Intermodal Surface Transportation Efficiency Act (ISTEA), 49 U.S.C. §5501 (1991) Transportation Equity Act for the 21 st Century (TEA- 21) was the reauthorization of (ISTA) in 1998 Transportation Equity Act for the 21 st Century (TEA- 21) was the reauthorization of (ISTA) in 1998

Federal Laws with Land Use Planning (Cont.) Federal Disaster Relief Programs Federal Disaster Relief Programs The Food Security Act of 1985 (FSA) 16 U.S.C. §§ The Food Security Act of 1985 (FSA) 16 U.S.C. §§

What is a Wetland? Wetlands are those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that are under normal circumstances do support, a prevalence of vegetation typically adapted for line in saturated soil conditions Wetlands are those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that are under normal circumstances do support, a prevalence of vegetation typically adapted for line in saturated soil conditions 33 C.F.R. §328.3(b) (Corps) and 40 C.F.R. §230.3(t) (EPA)

Wetlands and §404 Permit Program Clean Water Act requires permits for discharges of dredging spoils and fill materials into navigable waters Clean Water Act requires permits for discharges of dredging spoils and fill materials into navigable waters Most activities covered by §404 permits do not require individual permits Most activities covered by §404 permits do not require individual permits 1993 Tulloch Rule requires permit if dredge spoils are redeposited if degradation occurs 1993 Tulloch Rule requires permit if dredge spoils are redeposited if degradation occurs 1993 National Mining Association challenge prompted new definition 1993 National Mining Association challenge prompted new definition

Wetlands and §404 Permit Program Army Corps of Engineers redefined the activity “any addition of dredged material into, including any redeposit of dredged material within, the waters of the United States Army Corps of Engineers redefined the activity “any addition of dredged material into, including any redeposit of dredged material within, the waters of the United States This action removed the de minimus in the original Tulloch rule This action removed the de minimus in the original Tulloch rule Includes excavated material incidental to land clearing, ditching, channelization or other excavation Includes excavated material incidental to land clearing, ditching, channelization or other excavation

Dredging in Navigable Waters The Rivers and Harbors Act of 1899 gives the Army Corps of Engineers the authority to permit dredging in navigable waters The Rivers and Harbors Act of 1899 gives the Army Corps of Engineers the authority to permit dredging in navigable waters This authority is limited to interstate, tidal and international commerce waters, and §404 of the Clean Water Act gives the COE more authority to regulate wetlands This authority is limited to interstate, tidal and international commerce waters, and §404 of the Clean Water Act gives the COE more authority to regulate wetlands

Coastal Zone Management Act of 1972 (CZMA) (P.L ; 16 USC 1451 et. seq.)

Coastal Zone Management Act Information about the Coals Zone Management Program Information about the Coals Zone Management Program Information about the Coals Zone Management Program Information about the Coals Zone Management Program Contact information for federal officials Contact information for federal officials Contact information for federal officials Contact information for federal officials Contact information for state managers Contact information for state managers Contact information for state managers Contact information for state managers Program guidance Program guidance Program guidance Program guidance

NOAA Coastal Ocean Program NOAA Coastal Ocean Program is part of the National Centers for Coastal Ocean Science and provides scientific information on its web site: NOAA Coastal Ocean Program is part of the National Centers for Coastal Ocean Science and provides scientific information on its web site:

State Programs Massachusetts Coastal Zone Program Massachusetts Coastal Zone Program Hawaii Coastal Zone Management Program Hawaii Coastal Zone Management Program Maryland Coastal Zone Management Program Maryland Coastal Zone Management Program

Coastal Zone Management, Misc. CRS Study on issues involved with the Coastal Zone Management Act in March cfm CRS Study on issues involved with the Coastal Zone Management Act in March cfm 35.cfm 35.cfm International Links on Costal Zone Management Issues International Links on Costal Zone Management Issues

CERCLA

CERCLA Impedes redevelopment of industrial areas Impedes redevelopment of industrial areas De facto encourages green field development vs. brown field restoration De facto encourages green field development vs. brown field restoration Encourages movement away from heavy industrial areas increasing urban sprawl Encourages movement away from heavy industrial areas increasing urban sprawl

National Park Service 79 million acres of Federal Parkland in the Untied States in million acres of Federal Parkland in the Untied States in million acres is designated as wilderness areas 44 million acres is designated as wilderness areas

Surface Mining Control and Reclamation Act (SMCRA) 30 U.S.C. Chapter 25 §§

SMCRA The Surface Mining Control and Reclamation Act of 1977 et. seq. The Surface Mining Control and Reclamation Act of 1977 et. seq. The Surface Mining Control and Reclamation Act of 1977 et. seq. The Surface Mining Control and Reclamation Act of 1977 et. seq. ml ml

Arctic National Wildlife Refuge Current Debate

Background Located 40 miles east of Prudhoe Bay, the site is described as “the chance of a lifetime to search for ‘elephants’— oil fields with more than a hundred million barrels or producible reserves—in perhaps the last major hunting ground on North America’s mainland.” Located 40 miles east of Prudhoe Bay, the site is described as “the chance of a lifetime to search for ‘elephants’— oil fields with more than a hundred million barrels or producible reserves—in perhaps the last major hunting ground on North America’s mainland.” —Lee, Oil in the Wilderness: An Arctic Dilemma, National Georgraphic, Dec at 863

Alaska National Interest Lands Conservation Act 1960 Congress established a 9 million acre Artic National Wildlife Refuge 1960 Congress established a 9 million acre Artic National Wildlife Refuge The Alaska National Interest Lands Conservation Act expanded the protected area along the coastal plain into the 19 million acre Arctic National Wildlife Refuge (ANWR) The Alaska National Interest Lands Conservation Act expanded the protected area along the coastal plain into the 19 million acre Arctic National Wildlife Refuge (ANWR) The act directed the Secretary of Interior to conduct a study on opening the coastal area to oil development (§1002 Lands) The act directed the Secretary of Interior to conduct a study on opening the coastal area to oil development (§1002 Lands)

§1002 Lands Report DOI scientists concluded in draft report “long- term losses in fish and wildlife resource, subsistence uses, and wilderness values would be inevitable consequences” of development, which “will result in widespread, long-term changes in wildlife habitats, wilderness environment, and Native community activities.” DOI scientists concluded in draft report “long- term losses in fish and wildlife resource, subsistence uses, and wilderness values would be inevitable consequences” of development, which “will result in widespread, long-term changes in wildlife habitats, wilderness environment, and Native community activities.”

§1002 Lands Final Report 1987 issued by the Secretary of Interior, Donald Hodel differs sharply with the draft 1987 issued by the Secretary of Interior, Donald Hodel differs sharply with the draft Impacts predicted for exploration and development drilling were minor or negligible on all wildlife resources in the 102 area Impacts predicted for exploration and development drilling were minor or negligible on all wildlife resources in the 102 area There is a risk that a decline could occur in the caribou population, it found no appreciable population decline is expected as a result of oil development There is a risk that a decline could occur in the caribou population, it found no appreciable population decline is expected as a result of oil development

Study of the Impact of Prudhoe Bay Draft report found environmental impact worse than the EIS prepared 15 years earlier Draft report found environmental impact worse than the EIS prepared 15 years earlier The report claimed 11,000 acres of wildlife habitat had been destroyed, twice prediction The report claimed 11,000 acres of wildlife habitat had been destroyed, twice prediction Populations of bears, wolves, and other predators declined, caribou increased Populations of bears, wolves, and other predators declined, caribou increased Claims million gallons of fresh water were used by oil operations and erosion, sedimentation and oil spills resulted Claims million gallons of fresh water were used by oil operations and erosion, sedimentation and oil spills resulted

Shabecoff Article in NYT Risks Worth Taking for Oil, NYT, June 2, 1988 Read the article in your text book, Pages Risks Worth Taking for Oil, NYT, June 2, 1988 Read the article in your text book, Pages In light of possible cut off from Middle Eastern Oil, what are the U.S. options for energy? In light of possible cut off from Middle Eastern Oil, what are the U.S. options for energy? What questions do you have about the studies and the politics? What questions do you have about the studies and the politics? What are the rights of Alaska’s citizens? What are the rights of Alaska’s citizens?

About ANWR What is the area and where is it? What is the area and where is it? What is the area and where is it? What is the area and where is it? How does the area compare to the lower 48? How does the area compare to the lower 48? How does the area compare to the lower 48? How does the area compare to the lower 48? Worldwide Energy Use Worldwide Energy Use Worldwide Energy Use Worldwide Energy Use Caribou Caribou Caribou Bears Bears Bears Summer Drilling Summer Drilling Summer Drilling Summer Drilling Winter Drilling Winter Drilling Winter Drilling Winter Drilling Trans Alaska Pipeline Trans Alaska Pipeline Trans Alaska Pipeline Trans Alaska Pipeline Trans Alaska Pipeline Trans Alaska Pipeline Trans Alaska Pipeline Trans Alaska Pipeline Video Video Video Defenders of Wildlife Defenders of Wildlife Defenders of Wildlife Defenders of Wildlife

International Pollution China's Brown Cloud China's Brown Cloud China's Brown Cloud China's Brown Cloud Global Warming or Cooling? Global Warming or Cooling? Global Warming or Cooling? Global Warming or Cooling?