Economic Development and Environmental Control: Balancing Business and Community in an Age of Nimbys and Lulus

By John O'Looney | Go to book overview

channel and mitigate the effects of private power. Overall, I argue that in order to create market-like incentives for states and communities to act in ways that promote environmental justice, social responsibility, and community-based care, it will be necessary to establish a framework for LULU development rights that allows for limited exchanges of these rights, promotes a degree of flexibility and neighborhood control in the course of neighborhood development, while at the same time ensuring that no one community or neighborhood is forced to bear more than its fair share of unwanted developments. However, this framing of a market in development rights, properly understood, also involves some refraining of our political institutions--toward more neighborhood-level governance--to support the new socially framed market rights.

In the seventh and eighth parts of this book, I present and evaluate some contemporary policy innovations for land-use control and the siting of unwanted facilities such as toxic waste landfills. I compare and contrast these innovations to a sample framework policy that is designed to address land-use issues of both type--those involving environmental issues and those related to social justice concerns. Finally, I assess this sample framework policy in light of such concerns as legal and political viability, equity, the need for protection of open spaces, and the problem of racial segregation.

This book is designed to be of use to a number of different types of readers, including planners, policymakers, land-use and environmental lawyers, local government officials, and political theorists. However, even though the book was written so that the latter parts build on the former, not every part of the book will likely be of interest to every reader. For those who are simply interested in a statement of the problem and potential policy responses, Chapters 1, 7, and 8 would likely be of most interest. For those who have an interest in policy development, and especially how land-use policy development might be grounded in or inspired by political philosophy and theory, a reading of the entire book would be in order. Students of politics might want to be sure to read Chapter 3. For legal theorists, it is not easy to provide a guide to short-cut reading because legal issues are addressed in most the chapters. However, persons who might be reading this book only for how it addresses legal concerns would want to attend to major parts of Chapters 1 and 2; the part of Chapter 3 that addresses plan jurisprudence, SLAPP suits, and the death of property; the parts of Chapter 5 that examine judicial approaches and zoning and comprehensive planning; and the part of Chapter 8 that focuses on general, practical, legal, and ethical objections to framework policies.


NOTES
1.
Lasswell Harold. ( 1958). Politics: Who Gets What, When and How. New York: Meridian Books.

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Economic Development and Environmental Control: Balancing Business and Community in an Age of Nimbys and Lulus
Table of contents

Table of contents

  • Title Page i
  • Contents iii
  • Introduction 1
  • Notes 9
  • Chapter 1 the Evolution of Lulu Problems 11
  • Notes 67
  • Chapter 2 Property Law, Ideology, and the Dilemma of Habitation 81
  • Notes 116
  • Chapter 3 - Land-Use Politics 123
  • Notes 164
  • Chapter 4 Land-Use Control and the Idea of Common Pool Resources 173
  • Notes 187
  • Chapter 5 Policy Tools and Approaches to Land-Use Conflict 189
  • Notes 240
  • Chapter 6 Generating Policy Innovations in Land-Use Control: Some History and Ideas 251
  • Notes 269
  • Chapter 7 Policy Options 273
  • Notes 299
  • Chapter 8 Features, Qualifications, and Objections to the Proposed Framework Policy 303
  • Notes 339
  • Index 345
  • About the Author 356
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