CPR Member Scholar John Echeverria has an op-ed in Wednesday's New York Times on the Supreme Court's end-of-term decision in a land-use case, Koontz v. St. Johns River Water Management District. Although the case has been somewhat overlooked amidst the Court's evisceration of the Voting Rights Act, and its landmark decisions on same-sex marriage, it has long-term and critical implications. Echeverria warns that the decision will:
result in long-lasting harm to America’s communities. That’s because the ruling creates a perverse incentive for municipal governments to reject applications from developers rather than attempt to negotiate project designs that might advance both public and private goals — and it makes it hard for communities to get property owners to pay to mitigate any environmental damage they may cause.
The majority opinion in the case, written by Justice Alito, reverses a ruling by the Florida Supreme Court -- a chain of events with eerie overtones for anyone with a 13-year memory! The ruling blocks a Florida water management district's denial of a developer's application to "fill more than three acres of wetlands in order to build a small shopping center." The district had requested that the builder either reduce the size of the development or make other adjustments to offset the environmental effects of paving over a chunk of Florida's beleaguered wetlands. The developer refused, and thus his application was denied.
But the Supremes regarded that as a "taking" that diminished the value of the developer's property. Echeverria writes:
As Justice Kagan correctly explains in her dissent, the decision will very likely encourage local government officials to avoid any discussion with developers related to permit conditions that, in the end, might have let both sides find common ground on building projects that are good for the community and environmentally sound. Rather than risk a lawsuit through an attempt at compromise, many municipalities will simply reject development applications outright — or, worse, accept development plans they shouldn’t. “Nothing in the Takings Clause requires that folly,” Justice Kagan said. But arguably it does now.
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Matthew Freeman | June 28, 2013
CPR Member Scholar John Echeverria has an op-ed in Wednesday’s New York Times on the Supreme Court’s end-of-term decision in a land-use case, Koontz v. St. Johns River Water Management District. Although the case has been somewhat overlooked amidst the Court’s evisceration of the Voting Rights Act, and its landmark decisions on same-sex marriage, it has […]
Erin Kesler | June 28, 2013
Last night, the Senate confirmed Howard Shelanski as Administrator of the Office of Information and Regulatory Affairs (OIRA) at the Office of Management and Budget. As we’ve written about before, the confirmation of Shelanski as head of OIRA comes at a criticial juncture. OIRA is tasked with reviewing rules proposed by federal agencies. Presently, of the 139 […]
Erin Kesler | June 27, 2013
Yesterday, The Hill published an opinion piece by Center for Progressive Reform President Rena Steinzor. The piece, entitled, “Toxic chemical bill trumps state rights” can be read here. Steinzor writes: We read with dismay… the drastic provisions of legislation authored by Sens. David Vitter (R-La.) and the late Frank Lautenberg (D-N.J.) deceptively entitled the Chemical […]
Lisa Heinzerling | June 25, 2013
At a speech this afternoon at Georgetown University, President Obama outlined a series of aggressive steps aimed at curbing greenhouse gas emissions and preparing the nation to adapt to the now unavoidable effects of climate change. Center for Progressive Reform Member Scholar Lisa Heinzerling issued the following reaction: The President’s speech offered exactly what many […]
Erin Kesler | June 24, 2013
Is the annual cost of federal regulation really $1.75 trillion? Do regulations really hinder job creation and economic growth? Is it true that agencies are free to issue costly regulations without legal authority or political accountability? These are just some of the myths spread by supporters of legislation to further weaken the ability of protector […]
Michael Patoka | June 21, 2013
About 15 percent of all foods we consume are imported. Looking at some particular categories, the numbers are far more striking: imports make up 91 percent of our seafood, 60 percent of our fruits and vegetables, and 61 percent of our honey. Most of these imports come from developing countries that lack any effective health […]
Matt Shudtz | June 20, 2013
Hot on the heels of a USDA Inspector General’s report that highlights the failings of privatizing pork inspection, the House yesterday approved an amendment to the Farm Bill that pressures USDA to institute the same type of system in the poultry slaughter industry. The poultry rule, which we’ve written about in this space before, is […]
Christine Klein | June 19, 2013
It’s been more than 30 years since the U.S. Supreme Court declared that water is an article of commerce and that Nebraska’s attempts to prevent the export of “its” groundwater to neighboring Colorado violated the dormant Commerce Clause.1 The high Court did not return directly to the issue until last week’s ruling in Tarrant Regional […]
Rena Steinzor | June 18, 2013
Later in this space, we plan to discuss the many and varied failings of a proposal in the Senate to reform the Toxic Substances Control Act. Unfortunately, the proposal is the joint work product of conservative Sen. David Vitter (R-LA) and liberal Sen. Frank Lautenberg (D-NJ), who died two weeks ago and therefore won’t have […]