Saturday, June 5, 2010

Clean Air, Clean Water

As you read this post, the Gulf Oil Spill grows worse and worse. Even in the wake of this disaster Big Oil seeks changes to many federal laws which will weaken air and water protection policies.

While both the Clean Air Act and Clean Water Act have their shortcomings, it is clearly not time to dismantle either of them. Rather, it is time to call upon Congress to fix the problems and strengthen these two critical pieces of legislation.

The Clean Air Act is currently under attack. Oil and coal interests are pushing to weaken the act in the name of "national security." While gaining access to our resources may be important to "national security" the resources we seek to harness needs to be in the best interest of all citizens of the country. Rather than changing laws to ignore the external costs of oil and coal, we need to recognize and properly price these external costs. Only when we recognize full cradle to grave costs, will we see our abundent, clean energy sources as clearly being superior to increased reliance on oil and coal.

Follow the link and join Repower America in pushing for a new energy future.

Tuesday, June 1, 2010

"Life, Liberty and the Pursuit of Happiness" An Argument Against Zoning?

It is always interesting how the Constitution, Federalist Papers, and now even the Declaration of Independence get drawn into the land use regulatory sphere. In the linked opinion letter, the writer uses the basic principles of the Declaration of Independence to support an anti-zoning position.

"We hold these truths to be self-evident: that all men are created equal; that they are endowed by their creator with certain unalienable rights; that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed..."

The letter writer opines that their "pursuit of happiness" extends until it infringes upon the rights of others. It is the writers belief that it is their right to develop property free of any restrictions until it is proven that they are harming others.

They seem to lose the point that the pursuit of happiness by one individual may, necessarily, conflict with the pursuit of happiness by another. My "happy" asphalt plant might conflict with his "happy" housing development. From these inate conflicts, whether in land use or just about any other endeavor, made us into a land of laws.

Zoning provides a framework within which people can pursue a level of happiness, with an understanding that their neighbor's pursuit will be in a similar vein. As I noted in a previous post, there is no conflict between land use regulations and the goals of our founding fathers. These conflicts are generally only found when the desires of a special segment attempt to ignore society in general to tie into the exemplary writing of our founders.