Feb 01 2012
Global Density Fails
To implement development practices that contribute to managing, mitigating and adapting to catastrophic and long-term climate changes, the practice and authority of land use law, including the use of eminent domain stands as the core issue. The public trust in this vast body of law will begin to fail if it does not support or advance the solutions offered by advanced urban density. The core reason for the lack of trust in government are these failures of leadership.
As public policies introduce steps to reduce greenhouse (GHG) emissions in the land use arena, I expect an increase in challenges to the thousands of annual land use judgments. Whether induced by human activity, natural causes, both or neither, the undeniable reality is an unrelenting increase the cost of energy. This central point must not be lost, energy as a criterion of land use remains highly undeveloped.
The regulation of land use offers a substantial means toward exponential increases in energy conservation. Patterns of urban growth that support large tracks of open space with extensively minimized density are almost impossible to achieve. Land areas most likely affected by the rise of sea levels and increases in natural disasters are the most resistant to additional regulations affecting long term trends of enhanced value and the reasons are grounded in the structure of American governance.
There are just fifty states, but there are about 40,000 local governments in the United States excluding other forms such as school districts and “special districts”.[See 1 below] I would point to this level of participation in governance as positive. Without doubt, this is one of the great successes of the Republic. In this context, the dynamic “winners/losers” character of a democracy for as long as there fewer losers than winners. When the sense of winning begins to fail either sporadically or endemically, the authority of law becomes synonymous with government failure. Thus, the debate among the nation’s 40,000 governing entities moves away from core energy conservation and regional land use questions into the immediacy of day-to-day revenue concerns.
The need and demand for most of the energy generated comes from buildings and their location. They serve every use imaginable and logically represent the major source of GHG emissions in their operation, and by extension they represent substantial portion of the transportation GHG emissions relative to the use, the user’s location and choice of transit. University of Virginia professor has pointed out, the growth of the population will more than double the built environment over the next 50 years. His key point is that most of it can occur within existing urban boundaries given support for significant improvements in new transit systems. (See TOD discussion pp. )
Sustainable Density[2]
The new International Green Construction Code, issued by the International Codes Council, contains techniques for extending this energy saving strategy to existing buildings. Reports and analysis by the Millennium Ecosystem Assessment , the Rio Accords, the Istanbul Declaration on Human Settlements via UN Habitat and The Johannesburg World Summit on Sustainable Development all point to the ease of defining problems, outlining solutions and the enormous difficulty in establishing protocols for implementation. The inability of the IPCC to include chapters on Human Settlements and Infrastructure in the Fifth Assessment Report clearly illustrates this tragedy.
One of the quickest ways to get into the heart of these issues is to read Climate Change and Sustainable Development Law in a Nutshell by John Nolon and Patty Salkin. (Get Book)
[1] The political culture of planning: American land use planning in comparative perspective (Google eBook) by J. B. Cullingworth. According to the U.S. Census Bureau, 87,453 local governments exist in the U.S., including 39,044 general purpose governments (3,043 counties; 19,372 municipalities; and 16,629 towns or townships); 13,726 school districts; and 34,683 special districts that provide specialized services either not offered or not performed by existing governments
[2] In 1983 Gro Harlem Brundtland of Norway led the UN Commission on Environment and Development when the concept of sustainable development as a means to economic growth was defined and broadly accepted as one “which meets the needs of the present without compromising the ability of future generations to meet their own needs”. It is widely used because it is not a rule, but a challenge to develop them.








