Land Use RegulationLand Use Regulation

The Forgotten Agenda of the The Forgotten Agenda of the Environmental MovementEnvironmental Movement

Land Use and the EnvironmentLand Use and the Environment

Man and Nature; or Physical Geography as Man and Nature; or Physical Geography as Modified by Human ActionModified by Human Action by George by George Perkins Marsh 1864 later named Perkins Marsh 1864 later named The Earth as The Earth as Modified by Human ActionModified by Human Action

Triggered naming many national parks in the Triggered naming many national parks in the United StatesUnited States

Land Use Planning Generally LocalLand Use Planning Generally Local

Houston, no zoningHouston, no zoning Salt Lake City, wide streetsSalt Lake City, wide streets Filled areas, Philadelphia, Boston, Filled areas, Philadelphia, Boston,

Washington, DCWashington, DC Farms swallowed by urban sprawlFarms swallowed by urban sprawl Wetlands filledWetlands filled PopullutionPopullution

Federal Land Use PlanningFederal Land Use Planning

In early 1970s Congress came close to In early 1970s Congress came close to enacting a federal land use policy but failed enacting a federal land use policy but failed due to local land use planning oppositiondue to local land use planning opposition

Partially a fall out of federal attempts to Partially a fall out of federal attempts to control land use issues relating to air pollution control land use issues relating to air pollution control (prevented EPA from implementing control (prevented EPA from implementing parking use surcharges, reduction of number parking use surcharges, reduction of number of parking spaces, and controlling location of of parking spaces, and controlling location of facilities that attracted motor vehiclesfacilities that attracted motor vehicles

Federal Laws with Land Use Federal Laws with Land Use PlanningPlanning

Clean Water Act §404Clean Water Act §404 Coastal Zone Management Act Coastal Zone Management Act CLERCLA complicates redevelopment of CLERCLA complicates redevelopment of

industrial areas — brownfieldsindustrial areas — brownfields Surface Mining Control and Reclamation Act Surface Mining Control and Reclamation Act

(SMCRA) 30 U.S.C. §§1201-1328 of 1977(SMCRA) 30 U.S.C. §§1201-1328 of 1977 Endangered Species Act (ESA)Endangered Species Act (ESA) Section 176(c) of the CAA influences Section 176(c) of the CAA influences

transportation and construction projects (SIP)transportation and construction projects (SIP)

Federal Laws with Land Use Federal Laws with Land Use Planning (Cont)Planning (Cont)

1990 CAA Amendments strengthened conformity 1990 CAA Amendments strengthened conformity with Urban Mass Transportation Act requiring with Urban Mass Transportation Act requiring Metropolitan Planning Organization (MPO) to Metropolitan Planning Organization (MPO) to develop regional transportation plansdevelop regional transportation plans

Intermodal Surface Transportation Efficiency Act Intermodal Surface Transportation Efficiency Act (ISTEA), 49 U.S.C. §5501 (1991) (ISTEA), 49 U.S.C. §5501 (1991)

Transportation Equity Act for the 21Transportation Equity Act for the 21stst Century (TEA- Century (TEA-21) was the reauthorization of (ISTA) in 199821) was the reauthorization of (ISTA) in 1998

Federal Laws with Land Use Federal Laws with Land Use Planning (Cont.)Planning (Cont.)

Federal Disaster Relief Programs Federal Disaster Relief Programs The Food Security Act of 1985 (FSA) 16 The Food Security Act of 1985 (FSA) 16

U.S.C. §§3811-3813U.S.C. §§3811-3813

What is a Wetland?What is a Wetland?

Wetlands are those areas that are inundated or Wetlands are those areas that are inundated or saturated by surface or groundwater at a saturated by surface or groundwater at a frequency and duration sufficient to support, frequency and duration sufficient to support, and that are under normal circumstances do and that are under normal circumstances do support, a prevalence of vegetation typically support, a prevalence of vegetation typically adapted for line in saturated soil conditionsadapted for line in saturated soil conditions

33 C.F.R. §328.3(b) (Corps) and 33 C.F.R. §328.3(b) (Corps) and

40 C.F.R. §230.3(t) (EPA) 40 C.F.R. §230.3(t) (EPA)

Wetlands and §404 Permit ProgramWetlands and §404 Permit Program

Clean Water Act requires permits for Clean Water Act requires permits for discharges of dredging spoils and fill materials discharges of dredging spoils and fill materials into navigable watersinto navigable waters

Most activities covered by §404 permits do not Most activities covered by §404 permits do not require individual permitsrequire individual permits

1993 Tulloch Rule requires permit if dredge 1993 Tulloch Rule requires permit if dredge spoils are redeposited if degradation occursspoils are redeposited if degradation occurs

1993 National Mining Association challenge 1993 National Mining Association challenge prompted new definitionprompted new definition

Wetlands and §404 Permit ProgramWetlands and §404 Permit Program

Army Corps of Engineers redefined the Army Corps of Engineers redefined the activity “any addition of dredged material into, activity “any addition of dredged material into, including any redeposit of dredged material including any redeposit of dredged material within, the waters of the United States within, the waters of the United States

This action removed the This action removed the de minimusde minimus in the in the original Tulloch ruleoriginal Tulloch rule

Includes excavated material incidental to land Includes excavated material incidental to land clearing, ditching, channelization or other clearing, ditching, channelization or other excavationexcavation

Dredging in Navigable WatersDredging in Navigable Waters

The Rivers and Harbors Act of 1899 gives the The Rivers and Harbors Act of 1899 gives the Army Corps of Engineers the authority to Army Corps of Engineers the authority to permit dredging in navigable waterspermit dredging in navigable waters

This authority is limited to interstate, tidal and This authority is limited to interstate, tidal and international commerce waters, and §404 of international commerce waters, and §404 of the Clean Water Act gives the COE more the Clean Water Act gives the COE more authority to regulate wetlandsauthority to regulate wetlands

Coastal Zone Management Coastal Zone Management Act of 1972 (CZMA)Act of 1972 (CZMA)

(P.L. 92-583; 16 USC 1451 (P.L. 92-583; 16 USC 1451 et. seq.et. seq.))

Coastal Zone Management ActCoastal Zone Management Act

Information about the Coals Zone Information about the Coals Zone Management ProgramManagement Program

Contact information for federal officials Contact information for federal officials Contact information for state managers Contact information for state managers Program guidanceProgram guidance

NOAA Coastal Ocean ProgramNOAA Coastal Ocean Program

NOAA Coastal Ocean Program is part of the NOAA Coastal Ocean Program is part of the National Centers for Coastal Ocean Science National Centers for Coastal Ocean Science and provides scientific information on its web and provides scientific information on its web site: site: http://www.cop.noaa.gov/http://www.cop.noaa.gov/

State ProgramsState Programs

Massachusetts Coastal Zone Program Massachusetts Coastal Zone Program http://www.state.ma.us/czm/czm.htmhttp://www.state.ma.us/czm/czm.htm

Hawaii Coastal Zone Management Program Hawaii Coastal Zone Management Program http://www.hawaii.gov/dbedt/czm/http://www.hawaii.gov/dbedt/czm/

Maryland Coastal Zone Management Program Maryland Coastal Zone Management Program http://http://www.dnr.state.md.uswww.dnr.state.md.us//

Coastal Zone Management, Misc.Coastal Zone Management, Misc.

CRS Study on issues involved with the Coastal CRS Study on issues involved with the Coastal Zone Management Act in March 2000. Zone Management Act in March 2000. http://cnie.org/NLE/CRSreports/Marine/mar-3http://cnie.org/NLE/CRSreports/Marine/mar-35.cfm5.cfm

International Links on Costal Zone International Links on Costal Zone Management Issues Management Issues http://http://www.coastalmanagement.comwww.coastalmanagement.com//

CERCLACERCLA

CERCLACERCLA

Impedes redevelopment of industrial areasImpedes redevelopment of industrial areas De factoDe facto encourages green field development encourages green field development

vsvs. brown field restoration. brown field restoration Encourages movement away from heavy Encourages movement away from heavy

industrial areas increasing urban sprawlindustrial areas increasing urban sprawl

National Park ServiceNational Park Service

79 million acres of Federal Parkland in the 79 million acres of Federal Parkland in the Untied States in 2001Untied States in 2001

44 million acres is designated as wilderness 44 million acres is designated as wilderness areasareas

Surface Mining Control and Surface Mining Control and Reclamation Act (SMCRA)Reclamation Act (SMCRA)

30 U.S.C. Chapter 25 §§1201-132830 U.S.C. Chapter 25 §§1201-1328

SMCRASMCRA

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

http://www.access.gpo.gov/uscode/http://www.access.gpo.gov/uscode/uscmain.htmluscmain.html

Arctic National Wildlife Arctic National Wildlife RefugeRefuge

Current DebateCurrent Debate

BackgroundBackground

Located 40 miles east of Prudhoe Bay, the site Located 40 miles east of Prudhoe Bay, the site is described as “the chance of a lifetime to is described as “the chance of a lifetime to search for ‘elephants’— oil fields with more search for ‘elephants’— oil fields with more than a hundred million barrels or producible than a hundred million barrels or producible reserves—in perhaps the last major hunting reserves—in perhaps the last major hunting ground on North America’s mainland.”ground on North America’s mainland.”

——Lee, Oil in the Wilderness: An Arctic Lee, Oil in the Wilderness: An Arctic Dilemma, National Georgraphic, Dec. 1988 at Dilemma, National Georgraphic, Dec. 1988 at

863863

Alaska National Interest Lands Alaska National Interest Lands Conservation ActConservation Act

1960 Congress established a 9 million acre 1960 Congress established a 9 million acre Artic National Wildlife RefugeArtic National Wildlife Refuge

The Alaska National Interest Lands The Alaska National Interest Lands Conservation Act expanded the protected area Conservation Act expanded the protected area along the coastal plain into the 19 million acre along the coastal plain into the 19 million acre Arctic National Wildlife Refuge (ANWR)Arctic National Wildlife Refuge (ANWR)

The act directed the Secretary of Interior to The act directed the Secretary of Interior to conduct a study on opening the coastal area to conduct a study on opening the coastal area to oil development (§1002 Lands)oil development (§1002 Lands)

§1002 Lands Report§1002 Lands Report

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

§1002 Lands Final Report§1002 Lands Final Report

1987 issued by the Secretary of Interior, 1987 issued by the Secretary of Interior, Donald Hodel differs sharply with the draftDonald Hodel differs sharply with the draft

Impacts predicted for exploration and Impacts predicted for exploration and development drilling were minor or negligible development drilling were minor or negligible on all wildlife resources in the 102 area on all wildlife resources in the 102 area

There is a risk that a decline could occur in the There is a risk that a decline could occur in the caribou population, it found no appreciable caribou population, it found no appreciable population decline is expected as a result of oil population decline is expected as a result of oil developmentdevelopment

Study of the Impact of Prudhoe BayStudy of the Impact of Prudhoe Bay

Draft report found environmental impact Draft report found environmental impact worse than the EIS prepared 15 years earlierworse than the EIS prepared 15 years earlier

The report claimed 11,000 acres of wildlife The report claimed 11,000 acres of wildlife habitat had been destroyed, twice predictionhabitat had been destroyed, twice prediction

Populations of bears, wolves, and other Populations of bears, wolves, and other predators declined, caribou increasedpredators declined, caribou increased

Claims 200.000 million gallons of fresh water Claims 200.000 million gallons of fresh water were used by oil operations and erosion, were used by oil operations and erosion, sedimentation and oil spills resultedsedimentation and oil spills resulted

Shabecoff Article in NYTShabecoff Article in NYT

Risks Worth Taking for OilRisks Worth Taking for Oil, NYT, June 2, , NYT, June 2, 1988 Read the article in your text book, Pages 1988 Read the article in your text book, Pages 64-6564-65

In light of possible cut off from Middle In light of possible cut off from Middle Eastern Oil, what are the U.S. options for Eastern Oil, what are the U.S. options for energy?energy?

What questions do you have about the studies What questions do you have about the studies and the politics?and the politics?

What are the rights of Alaska’s citizens?What are the rights of Alaska’s citizens?

About ANWRAbout ANWR

What is the area and whWhat is the area and where is it?ere is it?

How does the area compHow does the area compare to the lower 48?are to the lower 48?

Worldwide Energy UseWorldwide Energy Use CaribouCaribou BearsBears

Summer DrillingSummer Drilling Winter DrillingWinter Drilling Trans Alaska PipelineTrans Alaska Pipeline Trans Alaska PipelineTrans Alaska Pipeline VideoVideo Defenders of WildlifeDefenders of Wildlife

International PollutionInternational Pollution

China's Brown CloudChina's Brown Cloud Global Warming or Cooling?Global Warming or Cooling?