The Local Official and Climate Change

• Date: 01 October 2016

10-2016 NEWS & ANALYSIS 46 ELR 10883

The Local Off‌icial

and Climate

Change

Stephen R. Miller

Stephen R. Miller is Associate Professor of Law

at the University of Idaho College of Law.

Summary

It is well-known that land use patterns can aect cli-

mate change—particularly the relation between land

use development and transportation infrastructure.

Yet even the most aggressive eorts to address climate

change have largely ignored land use. is discon-

nect was noted in the Intergovernmental Panel on

Climate Change’s most recent series of reports, collec-

tively known as the Fifth A ssessment Report (AR5).

is Article, adapted from Chapter 5 of Contempo-

 (ELI Press

2016), seeks to make insights into land use develop-

ment from the AR5 more readily accessible to the U.S.

local ocial, with emphasis on issues facing local o-

cials in fast-growth cities that have yet to establish a

concerted response to climate change.

REBECCA:

He wrote Jane a letter and on the envelope the address was

like thi s: It s aid: Jane Crofut; e Crofut Farm; Grover’s

Corners; Sutton County; New Hampshire; United States

of A merica.. .. Continent of North America; Western

Hemisphere; t he Earth; the Solar System; the Universe;

the Mind of God—that’s what it said on the envelope....

And the postman brought it just the same.

—T W , O H Act 1 (1938)

In all but the largest cities, including most fast-growth

cities, local ocials are volunteers that hold other jobs

and t ypically receive little, if any, compensation for their

governmental work.1 is fact is true even for those local

ocials, members of the planning commission a nd the

city council, who most directly control the city’s devel-

opment, ma king what are arguably the most important

long-term decisions that will shape cities’ futures.2 For

those commissioners and council members, merely reading

the weekly sta reports that accompany individual proj-

ects that require adjudications and engaging in the more

comprehensive legislative actions related to specic plans,

neighborhood plans, or business districts can be an over-

whelming task.3 Further, public meetings often begin right

after work and can last into the wee hours of the morning.4

It is in the hands of these local ocials, however, that

the task of forming the United States’ overall land use pat-

tern rests.5 Indeed, because the countr y’s land use pattern

relies so heavily upon this patchwork of volunteers, most of

whom are not experts in development, there has long been

a skepticism about whether the country can ever have a

coherent land use policy.6 is potential problem is notable

in the context of climate change. Although it is well-known

that land use patterns can a ect climate change—particu-

larly regarding the relation between land use development

and transportation infrastructu re—even the most aggres-

sive eorts to address climate change have largely ignored

land use. For instance, California’s Global Warming Solu-

tions Act of 2006,7 the most signicant greenhouse gas

(GHG) emission reduction strategy in force at present,

places a lmost no importance on land use in GHG emis-

1. C. G D  ., T P C G 1-3

(2013); see also C  B, I, C C §2-01-03 (2015) (“Un-

less otherwise provided in this ordinance, all members of any Boise City

Boards and Commissions shall serve without compensation.”).

2. D  ., supra note 1, at 1-3.

3. Id.

4. Id.

5. Id. at 5-15.

6. See P G. L, S S: H P I O-

 U D 32 (1996).

7. C. A.B. 32 (2006), California’s Global Warming Solutions Act of 2006

(H  S C §§38500 et seq.).

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