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SESSION CANCELED- NEPA

Assessing Gentrification in Environmental Reviews

Kovid Saxena, James Brown, Eleanore Martins, and Richard Leland

About the Session

While the revitalization of cities presents compelling environmental, social and economic benefits, demand-side pressure on housing affordability is acute in many urban areas. The tension between infrastructure and real estate development needed to sustain growth and the threat of being priced-out of communities is most evident during the environmental review process. Communities are demanding adequate disclosure of the potential for the indirect displacement of housing occupied and small businesses operated by low- and moderate-income populations during the environmental review of such projects. The Council on Environmental Quality regulations implementing the National Environmental Policy Act require the assessment of indirect effects, which are caused by the action and are later in time or farther removed in distance but are still reasonably foreseeable (40 CFR 1508.8).

In New York, the regulations promulgated by the City of New York (Executive Order No. 91, entitled City Environmental Quality Review [CEQR]) as authorized by and in implementation of the State Environmental Quality Review Act) require consideration of secondary impacts of a proposed action. The CEQR Technical Manual, the guidance document on the basis of which environmental reviews are completed in New York City, provides guidance for the assessment of indirect displacement of residents and businesses. The adequacy of assessments used to evaluate the potential for indirect residential and business displacement due to development of infrastructure or real estate will be discussed from a planning and legal perspective. Case studies from recent New York City projects, as well as other cities and states facing similar issues, will be referenced and related case law and pending litigation will be addressed.

About the Presenter

Moderator: Kovid Saxena, Sam Schwartz

Kovid Saxena is a Senior Associate at Sam Schwartz with oversight responsibility for the firm¿s environmental and land use planning practice. He has over 18 years of experience in providing consulting and advisory services for environmental planning, real estate, community development, transportation and infrastructure projects. With a background in management of complex projects and leading multidisciplinary teams, Kovid has led a broad range of environmental impact assessments, feasibility studies, transportation and land use planning studies, and alternatives analyses. Specific New York City strategic initiatives include development of the Hudson Yards, Brooklyn-Queens Connector urban rail, New York City Solid Waste Management Plan, issuance of 2,000 new taxi medallions, implementation of Select Bus Service, Water for the Future Program, Bayonne Bridge Navigational Clearance, and East Midtown Rezoning.

Kovid is a leader in environmental planning and policy, with expertise in the National Environmental Policy Act, State Environmental Quality Review Act and associated City Environmental Quality Review procedures, Section 106 of the National Historic Preservation Act, Section 4(f) of the US Department of Transportation Act, and the Coastal Zone Management Act. He has authored and presented papers at national planning conferences and holds certifications from the American Institute of Certified Planners, US Green Building Council and the Institute for Sustainable Infrastructure.

Mr. Saxena serves on the executive committee of American Planning Association New York Metro Chapter, Urban Land Institute New York Infrastructure Council, and American Council of Engineering Companies Engineering Excellence Committee.

James R. Brown, Sam Schwartz

Biography pending

Eleanore C. Martins, Akerman LLP

Biography pending

Richard G. Leland, Akerman LLP

 

Rick Leland is a partner at Akerman LLP. With a focus on land use, environmental law and litigation, he represents real estate developers, universities, hospitals, non-profit organizations, and industrial companies on the environmental aspects of real estate transactions, development, and land use.

 

Rick's work has been central in gaining approvals for—or defending lawsuits against—multiple billion dollar developments. He works with clients nationwide on a range of matters, including environmental impact review, regulatory and transactional counseling, as well as counseling operators and lenders in litigation arising under the Federal "Superfund" Law. Rick also serves as counsel to developers, outdoor advertising companies, municipalities, and public authorities in zoning matters and litigation arising from zoning and environmental determinations in New York City and suburban counties in the New York metropolitan area.