Community Land Trusts and Building Wealth

December 19, 2007 at 2:13 pm · Filed under Housing, Land Use/Planning

Source:
Anthony Flint
Lincoln Institute of Land Policy
At Lincoln House, December 2007 Issue

One of the big reasons Community Land Trusts are known for providing sustainable affordable housing is that the purchase of a home – exclusive of the land it sits on – cannot be treated as an ordinary real estate investment: deed restrictions prevent buyers from turning around and selling the home for a big profit. But that’s also a potential downside, because a home is a great way for low- and moderate-income families to build wealth. Many housing advocates prefer reliance on subsidies to allow first-time buyers to benefit from the investment in a home in the traditional fashion.

An interesting fact emerged, however, in the wide-ranging discussion of CLTs at Lincoln House Nov. 27, that cast new light on this seeming dichotomy. Some buyers in the Dudley Street Neighborhood Initiative CLT in Roxbury, Mass. Have been able to save enough money on housing to afford a down payment and purchase of a market-rate house nearby in the community. “Those homes are being purchased as an investment,” said John Barros, executive director of the Dudley Street Neighborhood Initiative.

Although it may be counter-intuitive, John E. Davis, visiting fellow at the Lincoln Institute and partner in Burlington Associates in Community Development LLC in Vermont, said it was perfectly acceptable to have buyers in CLTs earn enough money to make such an investment – or turn their CLT home over to a son or daughter who may be a high-income professional who just wants to spend less on mortgage payments. “We’re looking for permanently affordable housing, not permanently eligible applicants,” Davis said.

There are an estimated 200 CLTs nationwide. A recent Lincoln Institute survey drew responses from 120 of them that provide nearly 7,000 units of rental or ownership housing. Davis said he believes there are probably about 10,000 units in CLTs today.

The Nov. 27 Lincoln Lecture, The National Status of Community Land Trusts with Local Examples: A Panel Discussion , was attended by more than 50 people, and featured Davis, Barros and Yesim Sungu-Eryilmaz, research associate at the Lincoln Institute in the Department of Economic and Community Development, and discussion moderated senior fellow Rosalind Greenstein.

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AIR POLLUTION: Governors say new ozone standard could hurt industry

December 17, 2007 at 9:27 pm · Filed under Air

Source:
Katherine Boyle
E&E News PM
12/13/2007

Eleven governors are criticizing an U.S. EPA proposal that could lead to a stricter ground-level ozone standard in 2008.

The governors sent a letter this week to EPA Administrator Stephen Johnson saying “uncertain health and environmental benefits do not warrant a tightened standard” and asking that he delay a decision on the issue until he hears from “all interested parties.”

“The scientific research on this issue does not provide compelling evidence of any health benefits,” the governors wrote.

Governors from Alabama, Alaska, Indiana, Louisiana, Mississippi, Missouri, Nebraska, Nevada, North Dakota, South Carolina and Texas signed on to the letter.

The letter cites Bob Meyers, deputy assistant administrator for EPA’s Air and Radiation Office, as saying there are “esteemed” scientists who do not believe it is necessary to change the ozone standard.

The governors are joined in their opposition to a tighter standard by the National Association of Manufacturers, an industry group.

NAM President John Engler has called the stricter standard “excessive, unwarranted and unjustified.” He says the job market and the economy could take a hard hit if it is implemented.
NAM also notes that EPA studies show key air pollutants in the United States have dropped by more than 54 percent between 1970 and 2006. Those pollutants include nitrogen oxide, sulfur dioxide and particulate matter, NAM spokesman Bryan Brendle said.

Brendle also said ozone has dropped 21 percent since 1980. according to EPA data.

“There are a lot of regulations on the books now,” he added. “Industry and states are working together to improve the nation’s air quality under the current scheme of regulation, so I see no logic whatsoever in changing the current ozone standard.”

Click here to read the proposal.

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Southeast governors to discuss ACF river basin allocation

December 17, 2007 at 9:15 pm · Filed under Government/Politics, Water

Source:
Daniel Cusick
Greenwire
December 17, 2007

The governors of Florida, Georgia and Alabama today hope to lay the groundwork for a long-term, water-sharing agreement for the Apalachicola-Chattahoochee-Flint River Basin, which has emerged in recent months as the prize in a water war spurred by the Southeast’s record drought.

In meetings scheduled in Tallahassee, Fla., Gov. Charlie Crist will try to convince fellow Republican Govs. Sonny Perdue of Georgia and Bob Riley of Alabama that Florida cannot abide by an ACF flow regime that would essentially rob the state’s Apalachicola Bay of necessary fresh water.

Georgia, meanwhile, will stress the growing water supply needs of burgeoning Atlanta, which draws water from an major upstate reservoir on the Chattahoochee River, while Alabama will maintain that the ACF basin must provide enough water to support that state’s industrial and municipal users.

Interior Secretary Dirk Kempthorne, who hosted the three governors for negotiations on Nov. 1 in Washington, D.C., also will attend today’s meeting, as will representatives of the Army Corps of Engineers and the Fish and Wildlife Service, which is responsible for managing three federally protected species in the Apalachicola River.

The Army Corps is responsible for managing flows along 900 miles of river corridor that drain 19,300 square miles of watershed from the north Georgia mountains to the Florida Panhandle. Disputes over water rights in the basin date back nearly 20 years, as the three states began to realize their water needs exceeded what the ACF basin could provide, particularly in drought years.

This year’s drought has been among the worst ever in the Southeast, with rainfall across north Alabama, north and central Georgia, east Tennessee and the western Carolinas measuring half or less than half of normal accumulations.

Under an emergency operations plan implemented in November for the ACF basin, the Army Corps reduced water flows at a hydrodam on the Georgia-Florida border from 5,000 to 4,750 cubic feet per second, in part to allow for greater rainfall accumulation in upstate reservoirs.
The plan, approved by the Fish and Wildlife Service, could allow for even greater flow reductions at Woodruff Dam, but Florida has resisted the cuts, saying its commercial and recreational fishery in Apalachicola Bay is being harmed by the curtailment of fresh water. The bay already is suffering spikes in salinity because of the encroachment of seawater from the Gulf of Mexico, resulting in oyster die-offs and the loss of aquatic vegetation that provide critical habitat for fisheries.

The Fish and Wildlife Service last week signed off on a corps request to cut flows by another 250 cubic feet per second, prompting a protest letter from Florida Environmental Protection Secretary Michael Sole, who said the current and proposed cuts had “wrought compelling damage on Florida’s highly sensitive aquatic resources.”

Pat Robbins, a spokesman for the corps’ district office in Mobile, Ala., said this morning that no further reductions in flow were made over the weekend and that the agency was assessing the positive effect of a 1.75-inch rain that fell over the southern reaches of the ACF basin on Saturday.

Sarah Williams, a spokeswoman for the Florida Department of Environmental Protection, said this morning that Crist will steer the conversation to address both the short- and long-term issues facing the river basin.

“We realize this is a unique situation, but we want to come up with a long-term plan so this doesn’t happen again,” Williams said.

The governors are scheduled to meet today from 10 a.m. to 3 p.m. EST and will hold an afternoon press conference immediately afterward to share details of the talks.

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How Planners can – and are – Addressing Climate Change

December 16, 2007 at 5:10 am · Filed under Climate Change

Source:
December 12, 2007
by Catherine Miller
Massachusetts Chapter
American Planning Association Blog
Link

Planners have been addressing climate change for years. Smart growth—and its resulting compactly developed mixed use communities with balanced transportation systems are the premier solutions that climate action experts are now promoting.
-snip-

See link above for complete article.

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LCV Applauds Senate Passage of Energy Bill

December 15, 2007 at 10:29 pm · Filed under Energy

FOR IMMEDIATE RELEASE

Contact: David Sandretti, (202) 785-8683 or david_sandretti@lcv.org

More Work Needed to Cut Tax Subsidies for Big Oil, Encourage Investment in Clean, Renewable Energy

WASHINGTON, DC – League of Conservation Voters President Gene Karpinski issued the following statement regarding the Senate ’s passage of the energy bill:

“The U.S. Senate should be applauded for passing a much-needed energy bill
that is a significant first step toward increasing fuel efficiency standards for our automobiles to 35 miles per gallon by 2020. We urge President Bush to sign the bill after the House passes it. The bill is not perfect. It was stripped of provisions that would have required that 15 percent of our electricity come from clean, renewable energy sources by 2020. And at a time when the oil industry is enjoying near-$100 per barrel oil and record profits, the Senate by one vote earlier today sided with Big Oil and against the American people and the environment. Voting 59-40, a minority of senators blocked an attempt to repeal billions of dollars in tax giveaways to the oil industry and invest that money instead in clean renewable energy for the future. LCV will continue to fight for these critical issues in future legislation,and will work to elect more pro-environment senators who will side with the planet and future generations over the interests of Big Oil and Big Coal.”

###

The nonprofit League of Conservation Voters (LCV) is the independent political voice for the environment. To secure the environmental future of our planet, LCV’s mission is to advocate for sound environmental policies and to elect pro-environmental candidates who will adopt and implement such policies.

Kerry C. Duggan

Campaigns Project Manager

League of Conservation Voters

1920 L Street, NW #800

Washington, DC 20036

Direct: (202) 454-4592

Mobile/text: (734) 846-0093

kerry_duggan@lcv.org

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Victory for California Clean Car Law

December 15, 2007 at 10:20 pm · Filed under Air

For Immediate Release:

December 12, 2007

Contact: David Willett, 202-491-6919

Victory for California Clean Car Law Sierra Club Calls on EPA to stop delay on waiver

Fresno, CA: In a significant victory in the fight to reduce global warming pollution, today the Federal District Court in Fresno dismissed the auto industry’s claims that federal law barred California from enforcing it own motor vehicle greenhouse gas regulations. In a 57-page decision, Judge Anthony Ishii held that these regulations did not in any way conflict with either federal fuel economy laws or with the President’s power to conduct foreign policy.Emphasizing that the Clean Air Act expressly authorizes California to regulate emissions that affect human health and the environment, Judge Ishii found that Congress did not intend that this authority be curtailed by federal fuel economy laws.

Statement of David Bookbinder, Sierra Club Chief Climate Counsel “Once again a judge has found the auto industry’s desperate attempts to stay mired in outdated, dirty technology completely without merit. Today’decision is just one more reason why EPA should stop dragging its feet and grant the waiver California needs to move forward with this vital tool to combat global warming.

“Just as we said earlier this year when we celebrated a similar victory in a Vermont court, instead of the automakers thinking of excuses, it’s time for them to put their immense know-how toward solving some of our most pressing problems. This ruling should compel the U.S. automakers to make the kind of clean, efficient cars Americans want–the kind that foreign automakers have used to surge to record profits as the U.S. auto industry buckled under the weight of its gas guzzlers. This ruling is good for the environment, good for America, and, ultimately, good for the automakers.

“It’s now time for the Bush Administration’s EPA to get out of the way and grant California the waiver it and other states need in order to move forward with these landmark protections.”

Assembly Bill 1493, sometimes known as the Pavely Law after its lead sponsor, Assemblywoman Fran Pavely, would require automobile makers to reduce global warming emissions from new cars and light trucks beginning in2009. The Pavely Law is a large step in the right direction because it delivers clean car choices for consumers, and encourages cost-effective,currently available technology to reduce global warming emissions. In2005, the Alliance of Automobile Manufacturers desperately sued the California Air Resources Board in an attempt to block the law.

The Pavely Law has widespread support from Californians, a majority of the California legislature, and Governor Arnold Schwarzenegger. Twelve other U.S. states and Canada are in various stages of adopting California’s global warming law. The last step to implement in the law is for a Clean Air Act waiver to be granted to the state. For two years the EPA has refused to make a decision on granting the waiver.

David Willett

National Press Secretary

Sierra Club

(202) 675-6698 (w)

(202) 491-6919 (m)

david.willett@sierraclub.org

http://www.sierraclub.org/

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Opponents vow to fight DEQ approval of UP sulfide mining permit

December 14, 2007 at 9:24 pm · Filed under Government/Politics, Great Lakes, Land Use

Disappointment over decision to allow dangerous mining linked with acid mine drainage leads groups to plan next steps

Community and environmental leaders united today in their opposition to the Michigan Department of Environmental Quality’s issuance of a permit for a dangerous sulfide mine on the Upper Peninsula’s Yellow Dog Plains.

Some opponents are now poised to legally challenge the flawed decision that would allow the mine to operate beneath a critical Lake Superior tributary.

The nickel mine would generate hundreds of thousands of tons of acid-leaching waste rock from underneath the Salmon Trout River near Marquette, putting the region’s water at risk, including Lake Superior.

“We are extremely disappointed that after all the work which went into crafting the law governing non-ferrous mining in Michigan that the DEQ has chosen to simply ignore key components of that law. They’ve granted Kennecott a permit which clearly doesn’t even meet the intent, let alone the letter of the law,” stated Anne Woiwode, state director of the Sierra Club Michigan Chapter.

National Wildlife Federation attorney Michelle Halley said she and other opponents are currently considering a variety of administrative and court actions. “We need time to review the final permit conditions and will proceed after that,” she explained.

Opponents of the permit include: Huron Mountain Club, Keweenaw Bay Indian Community, Landowners Opposed to Sulfide Mining, Michigan Environmental Council, Michigan League of Conservation Voters, National Wildlife Federation, Sierra Club, Students Against Sulfide Mining, Yellow Dog Watershed Preserve, Save the Wild UP, and a host of other ad hoc groups throughout the region.

Less than two months after receiving more than 4,000 public comments, including a technical analysis that numbered more than 700 pages, the MDEQ upheld its preliminary decision to allow Kennecott Eagle Minerals Co. to blast a mine beneath a blue-ribbon trout stream.

“NWF and key allies that share our concerns are prepared to challenge these permits because they do not meet legal standards,” Halley said. “We cannot stand idly by while the DEQ permits fatally flawed projects.”

Halley questioned whether the MDEQ adequately considered the expert testimony that concluded the mine posed an unacceptable risk to the state’s water resources and the safety of mine workers.

“The MDEQ has always said they would make the decision based on science and yet they have ignored the technical information submitted by leading mining industry experts,” she explained. “Technical analysis was submitted by people who specialize in groundwater, subsidence, air pollution and a myriad of other specialties and all pointed to egregious errors in the permit application. For the MDEQ to turn a blind eye indicates that something other than science is prevailing in Lansing,” Halley continued.

Speaking on behalf of the Huron Mountain Club, Paul Townsend questioned whether the MDEQ ever seriously considered the risks.

“On October 17, we filed comprehensive comments in opposition to the proposed permits, including reports of scientific and engineering consultants, all well-respected experts in their fields. The complete filing was more than 700 pages,” Townsend recalled.

“Now the DEQ has approved the mining permits. While disappointing, this is not surprising, given the past performance of DEQ. We are even more disappointed in Governor Granholm’s lack of leadership on this critical issue. Had the technical comments been properly evaluated, she and her DEQ would have found repeated instances where Kennecott had submitted false or incomplete information which experts believe show that this mine will cause significant environmental damage to the Upper Peninsula,” Townsend said.

Cynthia Pryor, executive director of the Yellow Dog Watershed Preserve, said she believes fear is what is motivating the state agency.

“Unfortunately, Kennecott is holding the State of Michigan hostage to the notion that they will sue them for takings if this mine is not permitted. Why else would our government – who is bound to protect us – sell our lands, our waters and our natural resources to this company from England, despite the will of the people and the scientific realities of the project?” Pryor asked.

Save the Wild UP, the grassroots group that has vocally opposed the project, believes the state has sold out the people of the Upper Peninsula.

“DEQ has made a charade of listening to the public. Governor Granholm seems willing to hold her nose and allow the inevitable nasty pollution of the U.P. and the Great Lakes,” said Dick Huey, co-founder of Save the Wild UP.

While the mining company gained MDEQ approval today, opponents say the project still has several hurdles to clear, including at least one federal permit required by the U.S. Environmental Protection Agency and permission from the Michigan Department of Natural Resources to utilize 120 acres of state lands for the mine’s surface facilities via a 40-year land lease. One week ago, Kennecott was notified by MDNR of seven areas of concern related to the company’s plans for the property after the mine’s closure.

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Michigan DEQ Approves Kennecott Mine in Upper Peninsula

December 14, 2007 at 8:53 pm · Filed under Government/Politics, Great Lakes, Land Use

FOR IMMEDIATE RELEASEDecember 14, 2007
Contact: Robert McCann(517) 241-7397

DEQ Announces Decision on Kennecott Mine

The Department of Environmental Quality announced today its decision to approve a series of permits to the Kennecott Eagle Minerals Company to conduct mining operations at the proposed Eagle Project Mine near Marquette. The department’s decision follows a period of extensive review by the DEQ of public comments and supporting information to determine whether Kennecott’s proposal met the strict standards contained within Michigan’s air quality, groundwater, and mining laws. The DEQ is required to make its decision based solely on whether a proposal meets those standards.

“This has been one of the most thorough reviews of an application ever done by this agency,” said DEQ Director Steven E. Chester. “In the end, Kennecott’s proposal met the high standard set by Michigan’s environmental laws.”

This project is the first to be subject to Michigan’s new Nonferrous Metallic Mineral Mining rules that were enacted in response to concerns over potential environmental impacts from mining of metallic sulfide ores. The rules, among the most stringent in the nation, were drafted and agreed to by a multi-stakeholder work group that included representatives from environmental, business, and mining organizations.

Director Chester noted that information received during the public comment period resulted in a number of changes to Kennecott’s permits to alleviate concerns that were expressed by the public and ensure that Michigan’s resources are protected.

“We have made every effort to address the public’s concerns within the limits of what the law allows,” said Director Chester. “We must now remain vigilant in ensuring that Kennecott complies with its permits and lives up to its end of the bargain in keeping Michigan’s environment safe.”

Examples of changes made to the permits during the public comment period include:

  • Limiting the mining activities to elevations below 327.5 meters to address concerns about the stability of the mine. Mining will only be allowed above that level when approved in writing by the DEQ based on further field investigations and analysis to be conducted by Kennecott.

  • Requiring annual certification that the rock stability is sufficient and providing for immediate work stoppage and notification to the DEQ if stability is questionable.

  • A requirement for a filter system in the mine shaft ventilation stack that will result in a significant decrease in particulate matter emissions.

  • A comprehensive fugitive dust plan.

  • Setting maximum daily limits for all groundwater parameters, and increased monitoring requirements.

Kennecott must still acquire a surface use lease from the Department of Natural Resources for the project.

A list of all permit changes and supporting information can be found on the DEQ website at www.michigan.gov/deq, then click on Kennecott Eagle Project.

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Anthony A. Lapham River Conservation Fellowship Program

December 13, 2007 at 9:36 pm · Filed under Announcmets, Misc, Water

American Rivers has launched the Anthony A. Lapham River Conservation Fellowship program. It provides an excellent professional development opportunity for talented post-graduates pursuing careers as leaders in the field of conservation advocacy. The Fellowship will be supported by a team of conservation staff and members of our Scientific and Technical Advisory Committee, which includes some of the nation’s foremost experts on freshwater and other conservation science and policy. See attachment for details. Highlights include:

  • 12-month fellowship beginning in the summer of 2008 (July – Sept; month negotiable)

  • Based in DC

  • Focus on an applied research project that in one of the following: (1) sustainably managing our freshwater resources; (2) restoring rivers (through approaches such as dam removal) and achieving natural flood protection by restoring the natural functions of rivers, wetlands and floodplains; (3) conserving America’s heritage by protecting our remaining free-flowing rivers and connecting communities to their rivers; and (4) achieving resiliency in natural and human communities in the face of global warming.

  • Open to individuals with graduate or terminal degrees in stream ecology, hydrology, geomorphology, public health, public policy, law, economics, engineering or related fields.

  • Stipend of $35k plus vacation benefits.

  • Application deadline February 15, 2008.

The fellowship honors the memory of Anthony A. Lapham who served for many years on the board of American Rivers, including as its Chairman. He left an indelible mark not only on American Rivers and many other conservation organizations, but on conservation efforts across this land. The program reflects his integrity, intellect, concern for humanity and commitment to excellence. We are seeking candidates who possess these qualities.

More complete i nformation about the fellowship can be found on our website at www.americanrivers.org/fellowship .

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Ohio – Judge says lakefront rights extend to the ‘water’s edge’

December 12, 2007 at 5:44 pm · Filed under Water

Judge says lakefront rights extend to the ‘water’s edge’
Property line ruled mobile

The boundary line that separates public and private land along Ohio’s Lake Erie shoreline moves in accordance with the tides, a state judge ruled yesterday. The 77-page decision by Lake County Common Pleas Court Judge Eugene Lucci has potentially sweeping implications for Lake Erie beach walkers as well as fishermen, waterfowl hunters, and birders who want to access the shoreline. It defines the “water’s edge” – not the historic high-watermark – as the boundary.

http://toledoblade.com/apps/pbcs.dll/article?AID=/20071212/NEWS02/712120423

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