Document Type
Article
Publication Title
Notre Dame Law Review
Publication Date
3-2024
ISSN
0745-3515
Page Number
1093
Keywords
climate crisis, land use regulations, greenhouse gas emissions, zoning restrictions
Disciplines
Environmental Law | Law
Abstract
As the urgency of the climate crisis becomes increasingly apparent, many local governments are adopting land use regulations aimed at minimizing greenhouse gas (GHG) emissions. The emerging approaches call for loosening zoning restrictions to unlock greater density and for strict new green building codes. This Article argues that both approaches are appropriate in some places but not in others. Not all density is created equal, and compact multifamily housing at the urban fringe may actually in- crease GHG emissions. Moreover, where density is appropriate, deregulation will not necessarily produce it. And, finally, green building codes will increase housing costs and so will actually increase GHG emissions if they discourage growth in low-carbon places. Those are appealing in the abstract but are unlikely to be adopted in many places anytime soon. This Article therefore offers a set of regulatory prescriptions specifically for local governments aimed at producing density in low-carbon places and minimizing emissions in high carbon ones.
Recommended Citation
Christopher Serkin,
Climate Zoning, 99 Notre Dame Law Review. 1093
(2024)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/1596