This fact sheet has been created in the form of an annotated select bibliography of literature addressing the issues of housing affordability and environmental regulation. The particular emphasis is on connections between the two.
No attempt has been made to create an exhaustive record of the literature in these fields. Instead of presenting a large number of sources addressing a limited variety of topics, it was thought more useful to present a smaller number of sources which present the broadest spectrum possible of issues relating to the subjects in question.
You will find here monographs and articles that view issues of importance from both scholarly and popular perspectives. Included are works which discuss theory and some of a more practical nature. This approach is designed to provide an understanding of basic concepts in addition to information of more immediate importance and usefulness.
The sources listed in this bibliography have also been selected to present various points of view on the issues represented. By offering differing perspectives, it is hoped that the information contained in these resources will lead to more informed, balanced dialogue which will in turn result in a better understanding of the shared challenges facing the building industry and environmental preservation.
This bibliography was compiled by Greg Potter, of the Home Builders Institute, and Professor Joseph Laquatra, of Cornell University.
Assign a reading or readings from the bibliography (or have students choose them) to serve as the basis of a written report or an oral presentation.
Have students choose a reading from the list and do further research on the topic of that reading. The result could be a written report, an oral presentation, or a bibliography of their own listing sources not included in this bibliography which relate to the topic of original reading.
Have students choose a book or article from the readings that presents a particular view of a given issue, and then choose another source from the list that presents the opposite view of the same issue. After the student has studied the two sources thoroughly, have him or her give an oral or written report on their findings and tell which interpretation of the issue seems most convincing and why.
Assign a representative sampling of sources from the bibliography for students to read (be sure the sampling contains readings about a variety of issues) then have the class discuss the various issues with an emphasis on ranking them based on their potential impact on the building industry.
Have students study readings from the bibliography dealing with a specific piece of environmental legislation (such as the wetlands provisions of the Clean Water Act) or a collateral issue (such as the private property rights implications of the Endangered Species Act). Once the student has chosen a statute or issue, have him or her search newspaper and magazine indexes to find a case where the legislation or related issue caused a controversy and report on the findings.
Adler, Robert, "The Clean Water Act: Has It Worked?" Environmental Protection Agency Journal 1, no. 20 (1994): 10-15. Argues that although the Clean Water Act has resulted in some improvements in the nation's waters, there is still much to be done in meeting even the Act's most basic goals.
Baldauf, Craig Robert, "Searching For A Place to Call Home: Courts, Congress, and Common Killers Conspire to Drive Endangered Species Into Extinction," Wake Forest Law Review 30 (1995): 847-887. Examines the Endangered Species Act with emphasis on how it might be improved to make it more equitable and effective. Stresses the continued need for protection of biodiversity.
Baur, Donald C., and Karen L. Donovan, "The 'No Surprises Policy:' Contracts 101 Meets the Endangered Species Act," Environmental Law 27, no. 3 (1997): 767-790. Explains the rationale behind the "no surprises" policy of the Endangered Species Act and how it is essential to the continued effectiveness of the Act by making it more flexible and equitable.
Bingham, Gail, and others, ed. Issues In Wetlands Protection: Background Papers Prepared for the National Wetlands Policy Forum. Washington, D.C.: Washington Conservation Foundation, 1990. Offers a variety of perspectives on wetlands protection and management. Papers examine the need for more information about wetlands, the importance of a focus on wetlands hydrology as well as on land issues, the need for both public and private sectors to share the burdens of wetlands conservation, and the effectiveness of regulatory efforts to conserve wetlands.
Bormann, F. Herbert, and Stephen R. Kellert, ed. Ecology, Economics, Ethics: The Broken Circle. New Haven: Yale University Press, 1991. Examines relationships between ecology, economics, and ethics. Discusses the need to reintegrate the three in order to create successful and practical long-term solutions to preserving the environment. The chapter on environmental ethics is particularly thought-provoking.
Bossleman, Fred, David Callies, and John Banta. The Taking Issue: A Study of the Constitutional Limits of Government Authority to Regulate Privately-Owned Land Without Paying Compensation to the Owner. Washington, D.C.: Council On Environmental Quality, 1973. This book is an excellent study of the political and legal history of Constitutional powers affecting land and how the courts have interpreted those powers. Takes a look at what future options might be open for legislative and judicial action in property rights cases.
Bowles, Ian, David Downes, and Marianne Guerin-McManus, "Economic Incentives and Legal Tools for Private Sector Conservation," Duke Environmental Law & Policy Forum 8, no. 2 (1998): 209-243. Discusses a number of economic incentives (such as conservation easements, land exchanges, and tax incentives) which may be used to encourage environmentally responsible use of resources.
Branconi, Frank, "Environmental Regulation and Housing Affordability," Cityscape: A Journal of Policy Development and Research 1, no. 2 (1996): 81-106. This article argues that the cumulative effects of environmental regulation have had a profound influence on housing costs. Offers several ways in which environmentalists and builders might cooperate to implement regulations that, while still effective in protecting the environment, would have less impact on housing affordability.
Brooks, Mary E. Housing Equity and Environmental Protection: The Needless Conflict. Washington, D.C.: American Institute of Planners, 1976. Addresses the issue of simultaneously pursuing national environmental objectives and housing goals. Although somewhat dated, this book provides an interesting perspective on this issue.
Buck, Susan J. Understanding Environmental Administration Law. Washington, D.C.: Island Press, 1991. Assembles relevant laws and discusses their administration and purposes. Provides a brief overview of the American legal system and then examines the history of environmentalism in the United States, the public policy process, legal concepts in environmental law, and international environmental issues.
Carnegie Commission on Science, Technology, and Government. Risk and the Environment: Improving Regulatory Decision Making. New York: Carnegie Commission On Science, Technology and Government, 1993. Examines a number of ideas for improving the federal government's infrastructure for environmental regulation. Offers suggestions for creating a more efficient and effective regulatory structure.
Cawley, R. McGreggor. Federal Land, Western Anger: The Sagebrush Rebellion and Environmental Politics. Lawrence, KS.: University Press of Kansas, 1993. An analysis of the Sagebrush Rebellion that began in Nevada in 1979 over federal land policy. Useful for understanding conservation goals and federal policy initiatives and their impact at the state level.
Clark, Ray, and Larry Canter, ed. Environmental Policy and the National Environmental Protection Act: Past, Present, and Future. Boca Raton, FL.: St. Lucie Press, 1997. Highlights historical trends, current issues, and future opportunities in the development of environmental policy in the context of NEPA. Examines how the Act has affected environmental policy and government decision making.
Committee On Scientific Issues in The Endangered Species Act. Science and The Endangered Species Act. Washington, D.C.: National Academy Press, 1995. A study by the National Research Council on scientific aspects of ESA to determine whether the Act protects endangered species and their habitats. Excellent overview of issues related to species definition, conservation conflicts between different species, habitat conservation, recovery planning, risk, and timing.
Congressional Quarterly Researcher 5, no. 12 (March 31, 1994). This entire issue of CQ Researcher is devoted to the twenty-fifth anniversary of the environmental movement in the United States. Contains articles dealing with the history of the movement, discussions of major environmental programs and organizations, and looks at the current movement to roll back environmental regulation.
Conservation-Based Development Web Site. Conservation-Based Development is an emerging field which seeks to promote environmental integrity, economic opportunity, and community vitality by recognizing that these three are inseparable goals which must be pursued hand-in-hand.
Cothern, Richard, ed. Handbook for Environmental Risk Decision Making: Values, Perceptions, and Ethics. Boca Raton, FL.: Lewis Publishers, 1996. Collection of papers presented at a one-day symposium in Washington, D.C. in 1994. Discussions relate to risk assessment, values, intergenerational equity, rationality in decision making, and ethics. Difficulties in reconciling gaps between public perceptions and scientific realities are examined from various analytical approaches.
Dahl, Thomas E. Wetland Losses in the United States, 1780's to 1980's. Washington, D.C.: U.S. Department of the Interior, Fish and Wildlife Service, 1990. A report to Congress by the Fish and Wildlife Service. Documents wetland losses over a 200-year period which result, for the most part, from areas drained for agricultural use.
Dennison, Mark S. Environmental Considerations in Real Estate. Chicago: Real Estate Education Company, 1994. Examines environmental laws and their impact on real estate operations. Discusses concepts such as due diligence, risk allocation, disclosures, and environmental liability insurance.
Dennison, Mark S., and James F. Berry. Wetlands: Guide To Science, Law, and Technology. Park Ridge, N.J.: Noyes Publications, 1993. A guide to scientific, legal, and technical aspects of wetlands. Extensive coverage of Section 404 of the Clean Water Act and other environmental laws pertaining to wetlands.
Dennison, Mark S., with contributions from James A. Schmid. Wetland Mitigation: Mitigation Banking and Other Strategies for Development and Compliance. Rockville, MD.: Government Institutes, 1997. A guide to understanding and implementing mitigation measures required by development of wetlands. Covers regulatory aspects, permitting procedures, and steps in obtaining permit approvals. Case studies, checklists, and guides to state wetland offices are presented in a clear and easy-to-use reference format.
Desiderio, Michelle and Michael Kirwin. The Regulation of Solid and Hazardous Waste: A Builder's Guide. Washington, D.C., the National Association of Home Builders, 1994. A practical guide for builders and developers which answers the most often-asked questions about solid and hazardous waste at the jobsite.
Diamond, Henry, and Patrick F. Noonan, ed. Land Use in America. Washington, D.C.: Island Press, 1996. Broad overview of major land-use issues of the past twenty-five years. Presents a ten-point agenda for future action. Addresses issues of private property rights, takings, community-based actions through the lead of local governments, a broad overhaul of land development regulations, fair treatment of property owners, and better coordination of government policies that affect development.
Downs, Anthony, "Growth Management: Satan or Saviour? Regulatory Barriers to Affordable Housing," Journal of the American Planning Association 58, no. 4 (1992): 419-422. Argues that lack of affordable housing is not due solely to government regulation, that poverty is the primary cause. States that the Endangered Species Act and wetlands regulation are relatively minor contributors to the increase in house prices. Identifies local government ordinances, such as zoning and density regulations, as the true regulatory barrier to affordable housing.
Echard, Jo Kwong. Protecting the Environment: Old Rhetoric, New Imperatives. Washington, D.C.: Capital Research Center, 1990. Examines the intellectual foundations and political roots of the modern environmental movement. Questions the effectiveness of the traditional "command-and-control" approach to regulation and offers a free-market strategy as an alternative. Contains a particularly informative chapter on the evolution of property rights in the United States.
Elliott, E. Donald, "How Takings Legislation Could Improve Environmental Regulation," William and Mary Law Review 38, no. 3 (1997): 1177-1195. Argues that new takings legislation may actually strengthen environmental regulation efforts by clarifying environmental law. Counters the argument by environmentalists that such legislation will severely weaken regulation.
Engel, David, Edwin Stromberg, and Margery Austin Turner, "Toward A National Urban Environmental Policy," Cityscape: A Journal of Policy Development and Research 1, no. 2 (1996): 1-16. The authors contend that both environmental protection and housing and community development would be better served if the two factions involved came together to pursue their goals in an integrated fashion. Presents cogent points from both sides of the environmental/development controversy.
Ercmann, Sevine, "Enforcement of Environmental Law In United States and European Law: Realities and Expectations," Environmental Law 26, no. 4 (1996): 1213-1239. Suggests alternative means of environmental enforcement: reports that the traditional command-and-control method is giving way to more innovative strategies such as eco-contracts and environmental auditing, which are proving successful.
Evans, Brock, "An Environmentalist's Response To 'Environmental Regulation and Housing Affordability,' " Cityscape: A Journal of Policy Development and Research 1, no. 2 (1996): 107-114. In this rebuttal to an article by Frank Branconi (q.v.), Evans refutes the statistical basis of Branconi's conclusions and argues that when demographic shifts are factored into the environmental regulation/house price equation, the correlation between the two is actually quite small.
Fogleman, Valerie M. Guide to the National Environmental Protection Act: Interpretations, Applications, and Compliance. New York: Quorum Books, 1990. Presents NEPA in a readable format. Designed to be a practical guide to compliance.
Gebhardt, Karl, and others, ed. Riparian and Wetland Classification Review. Denver, CO.: United States Department of the Interior, Bureau of Land Management Service Center, 1991. Introduces major concepts relevant to understanding riparian systems and reviews selected riparian and wetland classification schemes.
General Accounting Office. Environmental Protection: Challenges Facing EPA's Efforts to Reinvent Environmental Regulation: Report to Congressional Requesters. Washington, D.C.: General Accounting Office, 1997. Outlines EPA's program to reinvent environmental regulation. Examines various issues which make these attempts at fundamental restructuring difficult.
Godschalk, David, "In Defense of Growth Management," Journal of the American Planning Association 58, no. 4 (1992): 422-424. Argues in rebuttal to the article by Anthony Downs (q.v.) that local regulation is essential and that, due to the nature of the private builder industry, deregulation would not result in an increase in the supply of affordable housing.
Goldstein, Jon H., and William D. Watson, "Property Rights, Regulatory Taking, and Compensation: Implications for Environmental Protection," Contemporary Economic Policy 15, no. 4 (1997): 32-42. Discusses property rights and compensation in the context of environmental regulation.
Gonzales, Helen, "Increasing Water and Sewer Rates: A New Crisis For The Poor," Clearinghouse Review 29, no. 4 (1995): 409-417. Examines compliance costs of the Clean Water Act and the impact of such costs on low-income families. Provides interesting statistics on household income and expenditures for water/sewer services. This article shows how essential regulation can have negative social effects.
Gorczynski, Dale M. Insider's Guide to Environmental Negotiation. Chelsea, MI.: Lewis Publishers, 1991. Outlines strategies and techniques for participating in environmental negotiations. Discusses public and private negotiations, the role of the media, lawyers and lobbyists, elected officials, and others. Stresses the unique nature of environmental negotiations. A very useful and practical guide.
Gyourko, Joseph, and Peter Linneman, "The Affordability of the American Dream: An Examination of the Last 30 Years," Journal of Housing Research 4, no. 1 (1993): 39-72. Examines changes in housing affordability over the last thirty years. Concludes that for low-income and less educated households housing has become less affordable due to falling income levels.
Hamilton, Michael S., ed. Regulatory Federalism, Natural Resources, and Environmental Management. Washington, D.C.: American Society For Public Administration, 1990. Posits that there is more than one way to pursue environmental regulatory goals, that traditional methods are not necessarily the best avenue. Asserts that intergovernmental environmental management is an effective, efficient alternative. Examines shortcomings of the current federalist strategy.
Hammer, Donald A. Creating Freshwater Wetlands. Boca Raton, FL.: CRC Press, 1997. This revised manual outlines wetland regulations and restoration procedures with an emphasis on the processes used to create freshwater wetlands. Appendices include references for further reading, contact information for equipment and vegetation suppliers, and resources for courses, workshops, and newsletters.
Hanna, Susan, Carl Folke, and Karl-Gooran Moaler, ed. Rights To Nature: Cultural, Economic, Political, and Ecological Principles of Institutions for the Environment. Washington, D.C.: Island Press, 1996. A multidisciplinary examination of issues related to property rights and environmental management with perspectives from fields including anthropology, economics, law, political science, and sociology. The overriding issue is one of developing property rights systems with a larger context of equity, sustainability, and efficiency.
Hatchett, David L., "Regulation of Construction Site Stormwater Runoff: We Can Do Better Than This," Indiana Law Review 29, no. 1 (1995): 153-177. Identifies sediment from construction site runoff as a major component of non-point source water pollution. Argues that current stormwater controls are not effective, and offers ideas on how these controls might be made more efficient and effective.
Helvarg, David, "The War on The Greens," The Nation, 28 November 1994. This article recounts episodes of the violence which has become part of the anti-environmental backlash. Discusses the history and philosophy of the so-called "Wise-Use" movement, the most extreme of anti-environmental groups in the United States.
Henning, Daniel H., and William R. Mangum. Managing the Environmental Crisis: Incorporating Competing Values In Natural Resource Administration. Durham, N.C.: Duke University Press, 1989. A basic, introductory text in environmental policy and administration which emphasizes comprehensive, conceptual, interdisciplinary approaches to environmental administration. Addresses such topics as land use planning, suburban sprawl, growth controls, and zoning.
Hoffman, J., Max H. Bazereman, and Steven Yaffee, "Balancing Business Interests and Endangered Species," Sloan Management Review 39, no.1 (1997): 59-73. Argues that economic costs of environmental protection are often overstated while benefits are understated. Examines specific means by which both the environment and the economy may be protected.
Jackson, Thomas C. Developer's Guide to The Endangered Species Act. Washington, D.C.: Homebuilder Press, 1996. A practical guide for builders and developers which answers the most often asked questions regarding ESA.
Kaufman, Wallace. No Turning Back: Dismantling the Fantasies of Environmental Thinking. New York: Basic Books, 1994. Written by a former leader in the environmental movement, this book challenges many of the assumptions underlying current environmental policies and goals. Provides compelling evidence to view claims of environmental devastation and damage with suspicion.
Kentula, Mary E., and Ann J. Hairston, ed. An Approach To Improving Decision Making in Wetland Restoration and Creation. Boca Raton, FL.: C.K. Smoley, 1993. Produced by the United States Environmental Protection Agency's Wetlands Research Program, this book details techniques used to compare wetland mitigation projects and natural wetlands. Topics covered include analysis of wetlands data, such as permitting trends; monitoring strategies, and use of data to improve mitigation projects.
Koebel, C. Theodore, and Kristina Zappettini, "Housing Tenure And Affordability from 1970 to 1990: Progress, Stasis, or Retreat?" Housing and Society 20, no. 3 1993): 35-46. Assigns causality for the decline of housing affordability to long-term demographic and financial cycles.
Kone, Linda. Land Development. Washington, D.C.: Homebuilder Press, 1994. A comprehensive guide to issues involved in land development. Includes a chapter on environmental regulations affecting land development.
Kusler, Jon A., and Teresa Opheim. Our National Wetland Heritage: A Protection Guide. Washington, D.C.: Environmental Law Institute, 1996. A guidebook for those interested in protecting wetlands. Contains background information on characteristics and origins of wetlands; management and protection issues; federal, state, and local regulations; and nonregulatory approaches to wetlands.
Lambert, Thomas. The Endangered Species Act: A Trainwreck Ahead. St. Louis: Center for the Study of American Business, Washington University, 1995. This short book attempts to predict and quantify future effects of ESA.
Leitch, Jay A., and Herbert R. Ludwig, comp. Wetland Economics, 1989-1993: A Selected Annotated Bibliography. Westport, CT.: Greenwood Press, 1995. Lists materials providing an overview of economic perspectives on wetland issues with foci on subjects areas including methodological, empirical, restoration and creation, and delineation and definition. The book's overall focus is on wetland economic assessment and valuation and related policy issues.
Lester, James P., ed. Environmental Politics and Policy: Theories and Evidence. Durham, N.C.: Duke University Press, 1995. Highlights the work of political scientists dealing with environmental politics and policy. Contains an excellent historical analysis of the conservation and environmental movements, examines federalism and environmental policy, and public perceptions of environmental policies.
Linneman, Peter, and Issac F. Megbolugbe, "Housing Affordability: Myth or Reality?" Urban Studies 1, no. 29 (1992): 369-392. Convincingly argues that the issue of housing affordability is partly real and partly manufactured.
Lueder, Diane, Daryl O. Cooper, and Michael Greely, "Impact Fees: Who Pays For Community Development?" Illinois Libraries 78, no. 1 (1996): 23-25. Briefly examines the debate over impact fees, the rationale behind their implementation, and the means by which they are properly assessed and used.
Lund, Eric and Peter Yost, Residential Construction Waste Management, A Builder's Field Guide, How to Save Money and Landfill Space. National Association of Home Builders Research Center, Upper Marlboro, Md., 1997. A field guide booklet with information on cost-effective and voluntary construction waste management including developing a waste management plan and reducing framing waste.
Lyon, John Grimson. Practical Handbook for Wetland Identification and Delineation. Boca Raton, FL.: Lewis Publishers, 1993. Presents background information related to wetlands, including federal definitions and criteria for wetlands identification. Provides methods for delineating wetlands, from routine investigations to higher levels of detail that are used in preparing a wetlands report. Bibliography includes wetland and plant literature. Appendices include data sources and sample wetland reports.
Malizia, Emil, Richard Norton, and Craig Richardson, "Reading Writing, and Impact Fees," Planning 63, no. 9 (1997): 17-19. Although pertaining specifically to the use of impact fees to finance new school construction, this article offers a good basic overview of the impact fee concept and their implications for the residential construction industry.
Malpezzi, Stephen, "Housing Prices, Externalities, and Regulation in U.S. Metropolitan Areas," Journal of Housing Research 7, no. 2 (1996): 209-241. Analysis various factors that determine house prices, with a focus on the role of regulations. Although this article does not consider federal environmental regulations, it does conclude that the broad scope of local regulations contributes to increasing house prices.
Manley, Marisa, "A Victim of Wetlands Regulation," The Freeman, 1 July 1997. This article relates the story of a large Maryland developer's involvement with the wetlands provisions of the Clean Water Act.
Marsh, Lindell, Douglas Porter, and David Salvesen, "The Impact of Environmental Mandates on Urban Growth," Cityscape: A Journal Of Policy Development and Research 1, no. 2 (1996): 127-154. Outlines a number of ways in which the environmental/development gap might be bridged. Focuses on standardization of the planning process as a means of accomplishing this.
Meeks, Carol B., "Balancing Regulation and Affordable Housing," Journal of Family Economic Issues 13, no. 4 (1992): 373-382. Examines a number of types of regulations perceived as affecting the production of affordable housing.
Meyer, Stephen, "The Economic Impact of the Endangered Species Act on the Housing and Real Estate Markets," New York University Environmental Law Journal 6, no. 2 (1998): 450-479. Provides empirical evidence to demonstrate that the Endangered Species Act has not negatively affected the housing and real estate markets. Asserts that increasing numbers of species being listed is due not to more and more habitat being affected by ESA, but to the fact that development is continuing to encroach on existing habitat.
Mintz, Joel. Enforcement at the EPA: High Stakes and Hard Choices. Austin, TX.: University of Texas Press, 1995. An examination of the enforcement of federal environmental standards by the EPA. A critical look at public expectations of that agency in the light of funding levels and political realities.
Monks, Vicki, "Environmental Regulations: Who Needs Them?" National Wildlife 34, no. 2 (1995): 25-30. This insightful piece offers several case studies showing the necessity of environmental regulation. An emphasis is on the empowerment of the average citizen under these regulations to participate in their enforcement.
Morandi, Larry, "Tilting At Windmills?" State Legislatures 22, no. 9 (1996): 23-26. Examines innovative environmental regulatory practices used in Holland and the potential for their application in the United States.
National Association of Home Builders. The Truth About Wetlands. Washington, D.C.: National Association of Home Builders, n.d. Discusses perceived problems in the wetlands provisions of the Clean Water Act.
National Association of Home Builders. The Truth About the Endangered Species Act. Washington, D.C.: National Association of Home Builders, n.d. Concludes that ESA does not work and that it is inequitable as regards its impact on landowners.
National Association of Home Builders. The Truth About Property Rights. Washington, D.C.: National Association of Home Builders, n.d. Examines the property rights issue and calls for a more equitable system of environmental regulation.
Nolon, John R., "The National Land Use Policy Act," Pace Environmental Law Review 13, no. 2 (1996): 519-523. In examining the failed Land Use Policy Act of 1970, this article lays out several important lines of consideration for future land use policy that would be more balanced and fair.
Oates, Wallace E., "Thinking About Environmental Federalism," Resources 130 (winter 1998): 14-16. Examines issues in the debate over whether environmental regulation should be the province of the federal government or the states.
Office of Management and Budget. Report to Congress on the Costs and Benefits of Federal Regulation. Washington, D.C.: Government Printing Office, 1997. This draft of a report to Congress concludes that the benefits of environmental regulation exceed the costs. Also contains an interesting and useful history of regulation and the regulatory process in the United States.
Olenik, Thomas J., and S.L. Cheng, "Land Development Regulations: Roadblock to Affordable Housing," Journal of Urban Planning and Development 120, no. 1 (1994): 22-27. Argues that environmental regulations must be curtailed if affordable housing is to be provided. Outlines a number of environmental regulations in the state of new Jersey seen as adding to the increase in housing cost.
Ordway, Nicholas, Jack P. Friedman, and Jack C. Harris, "How the Federal Regulations Cycle Affects the Real Estate Industry," Real Estate Issues 20, no. 3 (1995): 40-46. Looks at the process by which regulations can change over time as they pass through a set of well-defined stages. This process of evolution may result in regulations that, although conceived and implemented with all good intentions, become inefficient, unfair, and/or ineffective.
Pethis, Rudiger. Valuing the Environment. Dordrecht; Boston: Kluwer Academic Publications, 1994. Addresses theoretical issues involved in determining the value of the environment.
Polasky, Stephen, and Holly Doremus, "When the Truth Hurts: ESA Policy on Private Land With Imperfect Information," Journal of Environmental Economics and Management 35, no. 1 (1998): 22-47. Discusses the role of information collection in the ESA listing process and the use of compensation as an incentive for landowners to participate.
Porter, Douglas, and David A, Salvesen, ed. Collaborative Planning for Wetlands and Wildlife: Issues and Examples. Washington, D.C.: Island Press, 1995. A study of limitations of regulatory approaches to wetlands and wildlife protection with examples of community approaches to reconciling environmental protection goals and development. Case studies focus on the use of Special Area Management Plans (SAMP), experiences with this approach, and remaining obstacles.
Profeta, Timothy H., "Managing Without A Balance: Environmental Regulation in Light of Ecological Advances," Duke Environmental Law & Policy Forum 7, no. 1 (1996): 71-103. Argues that current environmental regulation must be changed to reflect recent advances in the field of ecology.
Repetto, Robert, Roger C. Dower, Robin Jenkins, and Jacqueline Geogegan. Green Fees: How A Tax Shift Can Work for the Environment and the Economy. Washington, D.C.: World Resource Institute, 1992. Outlines a strategy whereby governments could generate tax revenues more efficiently through the use of "green fees" such as charges on pollution, waste, and traffic congestion. Has implications for developers because such taxes could, at least in part, replace impact fees as a source of revenue generation by local governments.
Robbins, Carol T. Removing Regulatory Barriers to Affordable Housing: How States and Localities Are Moving Ahead. Washington, D.C.: United States Department of Housing and Urban Development, Office of Policy Development and Research, 1992. Discussions of actions taken by state and local governments to reduce regulatory burdens and their associated costs in housing development. Cluster development, reduced lot sizes, impact fee reforms, and changes in restrictive local ordinances are among the initiatives presented.
Rothstein, Richard, "Conceding Success," The American Prospect 29 (November- December 1996): 82-87. This article refutes the argument that environmental regulations implemented in the United States over the last twenty-five years have been generally ineffective. Gives a number of concrete examples of how regulations have improved the quality of the environment.
Runyon, L. Cheryl, and John Helland. Wetlands Mitigation and Mitigation Banking: Reducing the Impact of Development on Wetlands. Denver; Washington, D.C.: National Conference of State Legislatures, 1995. A concise guide to issues surrounding wetlands protection and options for mitigation banking. Includes case studies of state experiences with this concept. Appendices include state statutes that govern wetland mitigation banking, state agency regulations and guidelines that govern them, and existing and proposed banks.
Salvesen, David. Wetlands: Mitigating and Regulating Development Impacts. Washington, D.C.: Urban Land Institute, 1994. Good general overview of the nature of wetlands. Discusses regulations, the permitting process under relevant sections of the Clean Water Act, the takings issues, mitigation of development impacts, regional wetlands planning, and state wetlands regulations.
Scodari, Paul F. Measuring the Benefits of Federal Wetlands Programs. Washington, D.C.: Environmental Law Institute, 1997. An analytical approach to measuring benefits of wetlands protection. Forgone development benefits are also examined and are linked to house price increases that result from land-use restrictions.
Shaw, Jane S., "Environmental Regulation: How It Evolved and Where It Is Headed," Real Estate Issues 21, no. 1 (1996): 4-9. This article examines the genesis of environmental regulation in the United States and discusses regulatory programs seen as having a negative affect on the real estate industry.
Sheldon, Karen P., "Habitat Conservation Planning," New York University Environmental Law Journal 6, no. 2 (1998): 279-340. Explains in detail the Habitat Conservation Planning amendment to the Endangered Species Act, which was added to ESA in an attempt to make it more flexible and "user-friendly."
Smith, Chris, "Greening the Economy: Economic Advantages of Environmental Protection," New Statesman & Society 9, no. 390 (1996): 26-27. Asserts that the typical stance of "environment versus jobs" is skewed. Provides examples of situations where corporate dedication to the environment has resulted in increased employment and productivity.
Smith, L.G., T.J. Carlisle, and S.N. Meek, "Implementing Sustainability: the Use of Natural Channel Design and Artificial Wetlands for Stormwater Management," Journal of Environmental Management 37, no. 4 (1993): 241-257. Although geared specifically toward sustainable water management practices, this article provides an excellent, easily understood explanation of the concept of sustainability and its importance to future human development.
Smith, Zachary A. The Environmental Policy Paradox. Englewood Cliffs, N.J.: Prentice Hall, 1992. Looks at the process of making and implementing environmental policies, with an emphasis on why some environmental issues shape policy while others do not. Contains an especially good overview of land management issues including the Endangered Species Act.
------. ed. Environmental Politics and Policy In the West. Dubuque, IA.: Kendall-Hunt Publishing Company, 1993. A collection of papers on environmental politics, policies, and institutions in the American West. A critical look at agency functions within a politically manipulated bureaucracy.
Somerville, C. Tsuriel, "The Contribution of Land and Structure to Builder Profits and House Prices," Journal of Housing Research 7, no. 1 (1996): 127-141. An economic analysis that examines impacts of land costs on builder profits. Demonstrates that unexpected increases in the cost of building a house can be passed on to a buyer in the form of a higher price, but any such increases in land costs are absorbed by the builder as losses .
Springer, J. Fred, and Gentler G. Cress, "Land Use Regulation and Affordable Housing: A Study In Policy Complexity," The Western Governmental Researcher 7, no. 8 (1991-93): 43-57. Examines the complex nature of land use regulation and argues the difficulty of studying such regulation by the examination of only one of its dimensions.
Stroup, Richard L., "The Economics of Compensating Property Owners," Contemporary Economic Policy 15, no. 4 (1997): 55-65. Discusses property rights and compensation implications of the Endangered Species Act in an economic context.
Suchman, Diane, "Summary of Symposium Discussion," Cityscape: A Journal of Policy Development and Research 1, no. 2 (1996): 115-125. This article presents conclusions reached by participants in a symposium called to discuss implications of the Branconi and Evans articles (contained in the same number of Cityscape and included in this bibliography). Offers a variety of perspectives for considering the issues involved in the environmental-development controversy.
------, "Summary of Symposium Discussion," Cityscape: A Journal of Policy Development and Research 1, no. 2 (1996): 155-165. Summary of symposium called to discuss the Marsh, Porter, Salvesen paper (contained in the same number of Cityscape and included in this bibliography). The discussants concluded that, while it is likely that environmental regulations do affect development, the great number of locally specific constantly changing variables make it extremely difficult to determine with any degree of precision the impact of any given regulation.
Suman, Daniel, Manoj Shivlanim, and Maria Villanueva, ed. Urban Growth and Sustainable Habitats: Case Studies of Policy Conflicts in South Florida's Coastal Environment. Miami: University of Miami, 1995. Case studies that focus on conflicts between environmental management and economic development. Examples provided include a historical account of the creation of the Disney Wilderness Preserve, as an example of wetland mitigation in exchange for housing and community development.
Tourbier, J. Toby, "Open Space Through Stormwater Management: Helping Structure Growth on the Urban Fringe," Journal of Soil and Water Conservation 49, no. 1 (1994): 14-21. The author examines the creation of open spaces in urban development areas and their utilization in stormwater management schemes.
United States Fish and Wildlife Service and National Marine Fisheries Service. Endangered Species Habitat Conservation Planning Handbook. Washington, D.C.: United States Fish and Wildlife Service and National Marine Fisheries Service, 1996. An authoritative book on all aspects of developing and implementing a Habitat Conservation Plan under ESA. Contains sample forms and guidelines for preparing them, an explanation of the permitting process, permit issuance criteria, and the procedure for appealing denials. Applicable to both large and small development projects.
Vickory, Frank, and Barry A. Diskin, "Advances in Private Property Rights: The States In the Vanguard," American Business Law Journal 34, no. 4 (1997): 561-605. Somewhat technical, but still useful to the layperson. Examines issues of compensation to landowners under the takings provision of the Endangered Species Act and the Fifth Amendment to the United States Constitution. Discusses property rights acts passed by some of the states in recent years.
Vig, Norman J., and Michael E. Kraft, ed. Environmental Policy in the 1990's: Toward A New Agenda. Washington, D.C.: Congressional Quarterly Press, 1994. Examines the most important developments in environmental policy and politics since the 1960's and analyzes current issues including the debate over environmental federalism, economic incentives, the "not in my backyard" syndrome, environmental values, and public policy.
Vileisis, Ann. Discovering the Unknown Landscape: A History of America's Wetlands. Washington, D.C.: Island Press, 1997. A historical review of cultural attitudes toward wetlands in America, from the time they were relied upon as food sources by American Indians, through their use in rice and sugar cultivation, to their drainage in the 1800's for farming, and their preservation in the 1990's. An excellent geographical review of swamps, bogs, marshes, and riverbeds throughout the United States.
Wackernagel, Mathis, and William Rees, Our Ecological Footprint: Reducing Human Impact on the Earth. Philadelphia: New Society Publishers, 1996. Discusses the concept of ecological overloading of the earth and why it is important to reduce it through implementation of sustainable development.
Wallace, Scott D., "Putting Wetlands to Work," Civil Engineering 68, no. 7 (1998): 57-59. Outlines the vital role natural and artificial wetlands can play in the treatment of wastewater and the reduction of water pollution. Examines the role of point-source/non-point source trading as a means of using wetlands to reduce non-point source pollution.
Wetland Policy Issues (Ames, IA.: Council for Agricultural Science and Technology, 1994). Discusses issues surrounding the ongoing controversies related to wetlands regulation. Contributors include agricultural economists, sociologists, soil scientists, biologists, and others. This book notes the relative growth of wetland science, problems with allocating resources to maximize society's well-being, and resulting confusion in wetland regulation.
Wiebe, Keith D., Abebayehu Tegene, and Betsey Kuhn, "Finding Common Ground on Public and Private Land," Journal of Soil and Water Conservation 52, no. 3 (1997): 162-165. Provides an excellent overview of the nature of land ownership and how rights in property have evolved. Examines use of the concept of partial interests in land as an alternative to regulation or acquisition of land to achieve environmental goals.
Wilcove, David S., "The Promise and Disappointment of the Endangered Species Act," New York University Environmental Law Journal 6, no. 2 (1998): 275-278. This brief "think piece" poignantly indicates the possibilities and inherent limitations of ESA, drawing the troubling conclusion that unless landowners are willing to participate in the national effort to save currently endangered species, few will recover and many more will disappear.
Wilderness Society. The Endangered Species Act: A Commitment Worth Keeping. Washington, D.C.: Wilderness Society, for the Endangered Species Coalition, 1992. Contains background and explanation of ESA. Discusses the importance of protecting biodiversity, credibility issues, Habitat Conservation Plans, economic implications of ESA, the role of the states, and challenges lying ahead for ESA. Relates a number of ESA success stories.
Wilson, James D., and J.W. Anderson, "What Science Says: How We Use It To Make Health and Environmental Policy," Resources 128 (Summer 1997): 5-8. An article that examines how the pressures of politics can force science to serve as a tool rather than a guide in the formulation of environmental policy.
Winpenny, James. The Economic Appraisal of Environmental Projects and Policies: A Practical Guide. Paris, France: Organization for Economic Cooperation and Development, 1995. Written for non-economists, this book provides a comprehensive review of analytical techniques commonly used in analysis of environmental policies.
"Words Worth Repeating," American Enterprise 8, no. 6 (1997): 72. A liberal think tank, a conservative think tank, and an environmental group outline the rationale behind their joint call for less wasteful government regulation.
