Journal Article

Impact Fees in New York City? Legal Authority, Constraints, and Potential Options

New York City, like many other cities, faces numerous practical, political, and legal challenges in raising the revenue it needs to support its growing population. Against this backdrop are ongoing concerns about how the City will finance the additional public services and infrastructure necessitated by new development, as well as the costs it incurs in …

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Equitable Electrification: Could City and State Policies Aggravate Energy Insecurity?

Progressive cities and states have begun enacting policies to reduce greenhouse gas emissions from buildings, one of the leading sources of such emissions in the United States. The same jurisdictions have also generally committed to pursuing decarbonization equitably, without exacerbating the disadvantages faced by historically marginalized communities. Electrification is currently a favored policy for decarbonizing …

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Propertizing Environmental Attributes

Tangible environmental resources such as land and water have been the object of property rights and traded in markets for millennia. In a development largely unnoticed by legal scholars, technology now allows a new class of environmental resources that are much harder to see and touch to be measured and potentially sold—environmental attributes. Some of …

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Toward Tradeable Building Performance Standards

Long a mainstay of environmental policy, emissions trading programs have faced increasing criticism in recent years. Critics have assailed trading programs for failing to generate the scale of greenhouse gas emissions (GHG) reductions necessary to mitigate the climate crisis and have argued that trading exacerbates the burdens imposed on environmental justice communities. This essay offers …

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Rapid Research and Assessment on COVID-19 and Climate in New York City

In May 2020, the New York City (NYC) Mayor’s Office of Climate Resiliency (MOCR) began convening bi-weekly discussions, called the Rapid Research and Assessment (RRA) Series, between City staff and external experts in science, policy, design, engineering, communications, and planning. The goal was to rapidly develop authoritative, actionable information to help integrate resiliency into the …

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Climate Ambition and Sustainable Development for a New Decade: A Catalytic Framework

This paper examines the Global Climate Action Agenda (GCAA) and discusses options to improve sub‐ and non‐state involvement in post‐2020 climate governance. A framework that stimulates sub‐ and non‐state action is a necessary complement to national governmental action, as the latter falls short of achieving low‐carbon and climate‐resilient development as envisaged in the Paris Agreement. …

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