Distinguished Professor of Law Emeritus. Co-Counsel, Land Use Law Center, Pace University. Tarrytown resident. Supervises student research and publications regarding land use, sustainable development, climate change, housing insecurity, racial inequity, and the coronavirus pandemic. He is Co-counsel to the Law School's Land Use Law Center, which he founded in 1993. He served as Adjunct Professor of land use law and policy at the Yale School of the Environment from 2001-2016. Before he joined the law school faculty, he founded and directed the Housing Action Counsel to foster the development of affordable housing.

Topic: Climate Change and the Mysterious Power of Local Land Use Law

The Intergovernmental Panel on Climate Change (IPCC) produces comprehensive climate reports.[1] Formed in 1988, it consists of 195 national governments and is assisted by hundreds of scientists and other experts.[2] These advisors review thousands of climate science research reports contributed by the global scientific community. The IPCC’s research and solutions at the global, national, and local levels enjoy significant respect.  If there is a single entity whose escalating warnings about the climate catastrophes ahead and formulation of solutions that can be trusted, it is the IPCC.

In February of 2022, the IPCC promulgated Climate Resilient Development (CRD) as a principal strategy for managing climate change.[3]  CRD, it states, combines adaptation and mitigation strategies to achieve sustainable development for all. A careful reading of its recent report reveals that local governments, wielding their land use regulatory authority, have been delegated a major role in managing climate change.  The IPCC identified local land use strategies as effective tools for implementing CRD.[4] The effects of climate change are intrinsically local; planning and action at the ground level are required. 

Local governments can adopt, enforce, and incentivize CRD strategies to control and shape land use through regulation, capital spending, and policy.  CRD components can be found in comprehensive land use planning. CRD is implemented by strategies that ensure low carbon building, reduce car dependency through decarbonized transportation, and foster green infrastructure and carbon sequestration. Additionally, cities provide increased job and housing availability through in-fill and adaptive reuse, taking pressure off greenfields for future development. Climate-related disasters can be anticipated and managed by hazard mitigation planning and execution. Strategies that incorporate resilient adaptation to sea level rise and inland flooding can minimize the impacts of climate hazards. To achieve sustainable development for all, local governments can incorporate equity and justice in these strategies.