NIMBY’s and LULU’sNIMBY’s and LULU’s

Understanding and Resolving Understanding and Resolving Unwanted Land Use IssuesUnwanted Land Use Issues

ProblemProblem

Locating facilities has increasingly become a Locating facilities has increasingly become a major policy problem for all nationsmajor policy problem for all nations

Industrial Industrial Energy Energy Waste repositoriesWaste repositories HospitalsHospitals Prisons and half-way housesPrisons and half-way houses

Evolution of NIMBY/LULU SyndromeEvolution of NIMBY/LULU Syndrome Relatively new phenomenaRelatively new phenomena

Public and government less concerned with riskPublic and government less concerned with risk

Few safety regulatory bodiesFew safety regulatory bodies

Around 1970’s….Around 1970’s…. Scrutiny by media of technology and its failuresScrutiny by media of technology and its failures

Intense public oppositionIntense public opposition

Environmental concerns/ growth of national Environmental concerns/ growth of national environmental orgsenvironmental orgs

““Decline of deference”Decline of deference”

The Siting ProblemThe Siting Problem NIMBY (not in my backyard)NIMBY (not in my backyard)

LULU (locally unwanted land uses)LULU (locally unwanted land uses)

BIYBYTIM (better in your backyard than BIYBYTIM (better in your backyard than mine)mine)

BANANA (Build absolutely nothing at all BANANA (Build absolutely nothing at all near anybody) near anybody)

NIMTOF (Not in my term of office) NIMTOF (Not in my term of office)

NIMBY Syndrome CycleNIMBY Syndrome Cycle

ProjectProposed

StakeholdersAct/ React

Project ImposedRejected/

Communities organize

Fear, mistrust

Causes of Nimby SyndromeCauses of Nimby Syndrome 3 main theories : The public is either 3 main theories : The public is either

ignorant or irrational, selfish, or prudentignorant or irrational, selfish, or prudent

1. P1. Public unwilling to accept ublic unwilling to accept any risk at all for the any risk at all for the benefit of society. Proponents of this theory benefit of society. Proponents of this theory conclude that the public is uninformed and thus conclude that the public is uninformed and thus unreasonable.unreasonable.

2. 2. Public selfishness legitimized in a free-enterprise Public selfishness legitimized in a free-enterprise economic model based on economic model based on assumption that it is assumption that it is rational for individuals to look out for their own rational for individuals to look out for their own interests. e.g property valuesinterests. e.g property values

3.P3.Public opposition is prudent and valuable to a ublic opposition is prudent and valuable to a complete impact assessment. Organized protest complete impact assessment. Organized protest challenging science-based assessments can challenging science-based assessments can uncover elements of the “big picture” scientists uncover elements of the “big picture” scientists might otherwise not consider.might otherwise not consider.

Implications of Unresolved LULU’sImplications of Unresolved LULU’s

Local, regional, stateLocal, regional, state• Difficult to manufacture products or deliver Difficult to manufacture products or deliver

social and public services social and public services

National National • Implement national policy (e.g. energy)Implement national policy (e.g. energy)• Consequence of industrial development and Consequence of industrial development and

growthgrowth

InternationalInternational• Transnational disputes (e.g. nuclear)Transnational disputes (e.g. nuclear)• Third World hazardous dumpingThird World hazardous dumping

Effects of Facility SitingEffects of Facility Siting Wide range of Wide range of

participants within and participants within and across different across different jurisdictional and jurisdictional and market levelsmarket levels

Monetary and non- Monetary and non- monetary in naturemonetary in nature

Benefits and costs Benefits and costs accrue differently to accrue differently to different geographic different geographic levelslevels

Environmental

Safety

Health Psychological

Social

Economic

Political

Facility

Other Dimensions of NIMBY SyndromeOther Dimensions of NIMBY Syndrome1.1. Spatial ProblemSpatial Problem

Site location Site location Tobler's First Law of Geography, "All things are Tobler's First Law of Geography, "All things are

related to everything else, but near things are related to everything else, but near things are more related than distant things"more related than distant things"

2. Symbolic potential2. Symbolic potential

Parallel between “NIMBY” syndrome and political Parallel between “NIMBY” syndrome and political order- "a test" of effectiveness of the political order- "a test" of effectiveness of the political system and institutionssystem and institutions

Other Dimensions of NIMBY SyndromeOther Dimensions of NIMBY Syndrome3. Risk3. Risk

DistributionDistribution Social JusticeSocial Justice

4. Temporal Aspects4. Temporal Aspects

5. Rise of environmental justice movement5. Rise of environmental justice movement Lower socio-economic areas w/ little industry Lower socio-economic areas w/ little industry

targetedtargeted Areas least likely able to express and sustain Areas least likely able to express and sustain

oppositionopposition

Common Methods of Facility Siting Common Methods of Facility Siting ManagementManagement

ToolsTools

Least-cost approaches Least-cost approaches • Technical/ economic Technical/ economic

criteria for minimum criteria for minimum cost sitescost sites

• Use of cost-benefit Use of cost-benefit analysis analysis

• Numerical ratings Numerical ratings assign to site selection assign to site selection criteria criteria

• Decide, announce, Decide, announce, defenddefend

ProblemsProblems

How to measure material and How to measure material and non-material costs and non-material costs and benefits (fiscal, benefits (fiscal, environmental, aesthetic, environmental, aesthetic, etc.)? etc.)?

Is technical perspective on risk Is technical perspective on risk really value free? really value free?

Property rights vs. corporate Property rights vs. corporate rights rights

Unclear relationship between Unclear relationship between individualism and communityindividualism and community

Emphasizes outcome not processEmphasizes outcome not process

ToolsTools

Regulatory Regulatory • Governments have Governments have

legal authority to legal authority to impose siting impose siting decisions on decisions on communities communities

• Eminent DomainEminent Domain• TakingsTakings

Control of ProcessControl of Process• Bypass procedural Bypass procedural

due processdue process

ProblemsProblems

Who decides what is Who decides what is public good?public good?

Uses force/ coercion Uses force/ coercion

Gov’t lacks Gov’t lacks credibility and credibility and legitimacylegitimacy

Erodes democracyErodes democracy

ToolsTools

Policy OutcomePolicy Outcome• Regarding Regarding

infrastructure infrastructure • Regarding Regarding

institutional institutional arrangementsarrangements

Policy ProcessPolicy Process• Public consultationPublic consultation• BiddingBidding

ProblemsProblems

What are economic, What are economic, social, and political social, and political costs of achieving costs of achieving policy? policy?

Does policy work Does policy work toward efficiency, toward efficiency, stability, justice?stability, justice?

ToolsTools

Market processesMarket processes• stresses bargaining/ stresses bargaining/

economic incentives to economic incentives to compensate for risks compensate for risks

• Monetary/ non-Monetary/ non-monetary monetary

• Turn NIMBY into a Turn NIMBY into a “positive sum” game“positive sum” game

• Some form of mediation Some form of mediation over amounts and over amounts and forms of compensation forms of compensation

ProblemsProblems

Compensation as an Compensation as an unacceptable tradeoff ?unacceptable tradeoff ?

Trading away of rights Trading away of rights of future generations?of future generations?

ToolsTools

CompensatoryCompensatory

• Polluter Pays Polluter Pays PrinciplePrinciple

• Concentrated Concentrated damage must be damage must be compensatedcompensated

• Brings citizens into Brings citizens into the equationthe equation

Problems/ Problems/ ConsiderationsConsiderations

Timely complianceTimely compliance

Too much “How Much?”Too much “How Much?”

ToolsTools

Public ConsultationPublic Consultation• Siting decisions based Siting decisions based

on substantial public on substantial public dialogue and inputdialogue and input

• Involved from beginning Involved from beginning to end (site selection to end (site selection onward)onward)

• Full disclosure of Full disclosure of information regarding information regarding expected costs expected costs (including risks) and (including risks) and benefitsbenefits

Problems/ Problems/ ConsiderationsConsiderations

Participatory and Participatory and deliberative decision deliberative decision processes encourage processes encourage trust, credibility and trust, credibility and legitimacy, but is legitimacy, but is slowslow

ToolsTools

MediationMediation• Court orderedCourt ordered• VoluntaryVoluntary

ProblemsProblems

Allowing ample time Allowing ample time for mediationfor mediation

Siting PrinciplesSiting Principles

Focuses on workable and fair Focuses on workable and fair procedures procedures and and outcomesoutcomes for locating a facilities for locating a facilities

Distributional (equity) and benefit-cost Distributional (equity) and benefit-cost (efficiency) as criteria(efficiency) as criteria

Procedural steps to create a participatory Procedural steps to create a participatory environmentenvironment

1. Get agreement that status quo is 1. Get agreement that status quo is unacceptableunacceptable

Process must begin with agreement that Process must begin with agreement that facility is neededfacility is needed

Stakeholders need to understand Stakeholders need to understand consequences of doing nothing—now or in consequences of doing nothing—now or in futurefuture

Be ready to discuss Be ready to discuss preciseprecise nature and scope nature and scope of problemof problem

Example: Indianapolis, IndianaExample: Indianapolis, Indiana City public education/ outreach effort helped citizens accept City public education/ outreach effort helped citizens accept

necessity of solid waste facility necessity of solid waste facility Maintaining status quo unacceptableMaintaining status quo unacceptable

2. Seek consensus through broad based 2. Seek consensus through broad based participatory processparticipatory process

Involve representatives from all groups at all Involve representatives from all groups at all stages of processstages of process

Interviews, surveys, task forces, advisory Interviews, surveys, task forces, advisory committeescommittees

From site selection criteria to implementationFrom site selection criteria to implementation

Example: Maricopa County, ArizonaExample: Maricopa County, Arizona Small community implemented 5 year process to site a Small community implemented 5 year process to site a

regional landfill.regional landfill. Extensive public consultationExtensive public consultation Landfill cited sufficient to serve population for 50 yearsLandfill cited sufficient to serve population for 50 years

3. Work to develop trust3. Work to develop trust

Lack of trust –largest barrierLack of trust –largest barrier

Identify sources of mistrustIdentify sources of mistrust • Past negative experiencesPast negative experiences• Mistrust of governmentMistrust of government• Assumption that technical justification is Assumption that technical justification is

sufficientsufficient

Admit past mistakesAdmit past mistakes

Developing Trust (cont.)Developing Trust (cont.)

Avoid exaggerated claimsAvoid exaggerated claims

Demonstrations of responsible facility Demonstrations of responsible facility management elsewheremanagement elsewhere

Example: Gilliam County, OregonExample: Gilliam County, Oregon Waste Management Company opened facility with Waste Management Company opened facility with

little oppositionlittle opposition Reason cited: Same company had facility less Reason cited: Same company had facility less

than 2 miles away and enjoyed excellent than 2 miles away and enjoyed excellent reputationreputation

4. Choose a facility design that best 4. Choose a facility design that best addresses the problemaddresses the problem

Address problems that stakeholders agree is Address problems that stakeholders agree is appropriateappropriate

Develop list of alternative approaches with Develop list of alternative approaches with implicationsimplications

Use non-technical languageUse non-technical language

Get input from community regarding Get input from community regarding technology choicestechnology choices

Example: City of Minneapolis, MinnesotaExample: City of Minneapolis, Minnesota

Community Solid Waste Plan proposed incinerator Community Solid Waste Plan proposed incinerator as best solution to city’s long term waste disposalas best solution to city’s long term waste disposal

Plan was communicated and discussed through Plan was communicated and discussed through public forums, surveypublic forums, survey

Incinerator companies then requested to bidIncinerator companies then requested to bid

5. Consider a Volunteer Siting Process5. Consider a Volunteer Siting Process

Seek acceptable sites through volunteer Seek acceptable sites through volunteer processprocess

Rationale: No particular community feels Rationale: No particular community feels it has been singled outit has been singled out

If benefits seem high enough, If benefits seem high enough, communities can propose a benefit or communities can propose a benefit or incentive packageincentive package

Examples: Alberta, CanadaExamples: Alberta, Canada Province put out bid for proposals for hazardous Province put out bid for proposals for hazardous

waste sitewaste site Communities responding voted by community Communities responding voted by community

referendum. Winning community had 79% voters referendum. Winning community had 79% voters in favorin favor

New York, USANew York, USA National Solid waste company mailed out National Solid waste company mailed out

package of materials to all NY communities package of materials to all NY communities spelling out all benefits of their proposed facilityspelling out all benefits of their proposed facility

69 communities bid to be site69 communities bid to be site

6. Work for geographic fairness6. Work for geographic fairness

Inappropriate to locate too many LULU’s Inappropriate to locate too many LULU’s in one geographic areain one geographic area

Geographic fairness should be a goal in Geographic fairness should be a goal in itself for equityitself for equity

Example: New York StateExample: New York State Fair Share Criteria Policy for homeless shelters and sludge Fair Share Criteria Policy for homeless shelters and sludge

facilitiesfacilities Administered by sponsoring agencyAdministered by sponsoring agency

7. Set Realistic Timetable7. Set Realistic Timetable

LULU sitings require timeLULU sitings require time

Schedule ample time for public consultationSchedule ample time for public consultation

Opponents have variety of legal/ administrative Opponents have variety of legal/ administrative tactics to stall or even halt projecttactics to stall or even halt project

Example: Camden, New JerseyExample: Camden, New Jersey Regional Sewage Facility serving 39 communitiesRegional Sewage Facility serving 39 communities Judge gave 8 weeks to resolve location through mediationJudge gave 8 weeks to resolve location through mediation All communities petitioned for longerAll communities petitioned for longer Issue was resolvedIssue was resolved

8. Guarantee that stringent security 8. Guarantee that stringent security and safety requirements are metand safety requirements are met

No community should be asked to No community should be asked to compromise health and safetycompromise health and safety

Preventative measures for reducing Preventative measures for reducing hazards should be includedhazards should be included

Allowances for additional standards, Allowances for additional standards, mitigation, substitute technologies, mitigation, substitute technologies, monitoring and control proceduresmonitoring and control procedures

Example: Leominster, Massachusetts Example: Leominster, Massachusetts Polystyrene Recycling Facility Polystyrene Recycling Facility

manufacturer negotiated with communitymanufacturer negotiated with community Community had additional safety Community had additional safety

standards.standards. Manufacturer agreed to alter plansManufacturer agreed to alter plans

9. Fully compensate all negative 9. Fully compensate all negative aspects of projectaspects of project

When impacts can’t be prevented or mitigated, When impacts can’t be prevented or mitigated, forms of compensation necessaryforms of compensation necessary• Property value guaranteesProperty value guarantees• Guarantee of services if contamination occursGuarantee of services if contamination occurs• Schedule of compensation payments if harmful effects Schedule of compensation payments if harmful effects

occuroccur

Example, Hamilton, OhioExample, Hamilton, Ohio• Before citing paper sludge facility, company Before citing paper sludge facility, company

implemented a program to protect property owners implemented a program to protect property owners within 2 mile radius from any loss in resale value of within 2 mile radius from any loss in resale value of homehome

10. Make the host community better off10. Make the host community better off

Benefits of project should be large enough Benefits of project should be large enough for compensation to be made to host for compensation to be made to host communitycommunity• Property tax reliefProperty tax relief• Neighborhood improvementsNeighborhood improvements• Promise not to site future LULU’s in areaPromise not to site future LULU’s in area

Example: Charles City, VirginiaExample: Charles City, Virginia• Developer of landfill provides city $5.00 “tipping fee” per Developer of landfill provides city $5.00 “tipping fee” per

ton gathered and free garbage removal serviceston gathered and free garbage removal services• 1 million per year and residents had lower property taxes1 million per year and residents had lower property taxes

11. Use contingency agreements11. Use contingency agreements

Specifications of conditions for facility Specifications of conditions for facility shutdownshutdown

Designation of responsibilitiesDesignation of responsibilities

Guarantees that contingent promises will Guarantees that contingent promises will be met at no cost to those affectedbe met at no cost to those affected

Written agreement of what will be done:Written agreement of what will be done:• actions in case of accidentactions in case of accident• interruption of serviceinterruption of service• change in standardschange in standards• emergence of new risksemergence of new risks

Example: State of Idaho, USAExample: State of Idaho, USA 2 former military missile silos converted to small 2 former military missile silos converted to small

waste disposal facilitieswaste disposal facilities state given power to shut down facility if risks state given power to shut down facility if risks

became highbecame high

Policy ConsiderationsPolicy Considerations

Policy Design: Policy Design: • IIs policy based on an appropriate ideology and s policy based on an appropriate ideology and

values and acceptable on moral, political, and values and acceptable on moral, political, and theoretical grounds? theoretical grounds?

• To what extent will policy lead to conflict and To what extent will policy lead to conflict and violence?violence?

Policy Process: Policy Process: • What are economic, social, and political costs What are economic, social, and political costs

to implement policy? to implement policy? Policy Achievement: Policy Achievement:

• Does policy achieve efficiency, fairness, Does policy achieve efficiency, fairness, stability, justice?stability, justice?