Misuse of Environmental Laws Betrays Their Intent

How laws written to protect natural resources and biodiversity are being reinterpreted by NIMBY groups to block development.

1 minute read

October 24, 2023, 11:00 AM PDT

By Diana Ionescu @aworkoffiction


"Environmentall sensitive area" sign on rustic wooden fence with tall green grass in background.

nickjene / Adobe Stock

In a commentary for Governing, Alan Ehrenhalt describes how U.S.  environmental review laws are being ‘weaponized’ by groups intent on stopping new development.

Although the intent of these laws is to prevent environmental degradation and preserve natural resources for the future, laws like the Minnesota Environmental Rights Act (MERA), the California Environmental Quality Act (CEQA), and others modeled on the National Environmental Policy Act (NEPA), have become a tool for preventing the construction of new housing, transit lines, and other development.

Ehrenhalt provides examples from Berkeley, California and Minneapolis, Minnesota, where lawsuits relying on state environmental laws are delayying student housing projects and a massive rezoning effort, respectively. For Ehrenhalt, these cases raise “important questions about the dangers of loosely written statutes, and about the temptation of the courts to bend those statutes any way they choose.”

Ehrenhalt suggests looking to the doctrine of “original intent,” writing, “If a law was written for the express purpose of protecting wetlands and wildlife, it should not be twisted into a condemnation of urban zoning reform.”

Monday, October 23, 2023 in Governing

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Close-up of "Apartment for rent" sign in red text on black background in front of blurred building

Trump Administration Could Effectively End Housing Voucher Program

Federal officials are eyeing major cuts to the Section 8 program that helps millions of low-income households pay rent.

April 21, 2025 - Housing Wire

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

April 23, 2025 - Diana Ionescu

Ken Jennings stands in front of Snohomish County Community Transit bus.

Ken Jennings Launches Transit Web Series

The Jeopardy champ wants you to ride public transit.

April 20, 2025 - Streetsblog USA

Floor-to-ceiling rotating gates at Fairmount subway station in Philadelphia, Pennsylvania.

Crime Continues to Drop on Philly, San Francisco Transit Systems

SEPTA and BART both saw significant declines in violent crime in the first quarter of 2025.

April 28 - Mass Transit

South LA Wetlands Park in Los Angeles, California.

How South LA Green Spaces Power Community Health and Hope

Green spaces like South L.A. Wetlands Park are helping South Los Angeles residents promote healthy lifestyles, build community, and advocate for improvements that reflect local needs in historically underserved neighborhoods.

April 28 - ABC 7 Eyewitness News

Intersection in downtown Sacramento, California with neoclassical building with columns on left.

Sacramento Plans ‘Quick-Build’ Road Safety Projects

The city wants to accelerate small-scale safety improvements that use low-cost equipment to make an impact at dangerous intersections.

April 28 - The Sacramento Bee