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	<title>Streetsblog New York City &#187; Environmental Review</title>
	<atom:link href="http://www.streetsblog.org/category/issues-campaigns/environmental-review/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.streetsblog.org</link>
	<description>Covering the New York City Streets Renaissance</description>
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		<title>Are Environmental Reviews to Blame for Infrastructure Project Delays?</title>
		<link>http://dc.streetsblog.org/2011/02/15/are-environmental-reviews-to-blame-for-infrastructure-project-delays/</link>
		<comments>http://dc.streetsblog.org/2011/02/15/are-environmental-reviews-to-blame-for-infrastructure-project-delays/#comments</comments>
		<pubDate>Tue, 15 Feb 2011 22:29:58 +0000</pubDate>
		<dc:creator>Tanya Snyder</dc:creator>
				<category><![CDATA[Environmental Review]]></category>
		<category><![CDATA[Streetsblog Capitol Hill]]></category>

		<guid isPermaLink="false">http://www.streetsblog.org/?p=251540</guid>
		<description><![CDATA[Highway projects can take 10 to 15 years from planning through construction. The length of the process leads to cost overruns, some due to inflation, some from having to pay engineers and contractors for years on end. No matter how you feel about the worthiness of road capacity expansion, if a project gets built it <a href=http://dc.streetsblog.org/2011/02/15/are-environmental-reviews-to-blame-for-infrastructure-project-delays/>[...]</a>]]></description>
			<content:encoded><![CDATA[<p>Highway projects can take 10 to 15 years from planning through construction. The length of the process leads to cost overruns, some due to inflation, some from having to pay engineers and contractors for years on end. No matter how you feel about the worthiness of road capacity expansion, if a project gets built it doesn&#8217;t do anybody any good to have that project cost twice what it ought to because of delays. Plus, reducing delays is going to be a key element in upcoming debates over cost-effectiveness in the transportation sector.</p>
<p><div id="attachment_106671" class="wp-caption alignright" style="width: 310px"><a href="http://dc.streetsblog.org/wp-content/uploads/2011/02/241.jpg"><img class="size-medium wp-image-106671" title="DSC06697" src="http://dc.streetsblog.org/wp-content/uploads/2011/02/241-300x225.jpg" alt="" width="300" height="225" /></a><p class="wp-caption-text">Road-builder Thomas Margro told Congress that the completion of SR 241 has been held up for 15 years due to environmental reviews. Photo: <a href="http://www.flickr.com/photos/craiginvegas/5134176085/">craiginvegas/flickr</a></p></div></p>
<p>House Transportation Committee Chair John Mica (R-FL) has pressed the issue, insisting that the industry, together with government, must find ways to streamline the process to save money. He’s hinted that environmental reviews might, at times, be too burdensome.</p>
<p>Rep. John Duncan (R-TN) says U.S. projects take two to three times longer to get off the ground than other developed countries, and he chaired a Transportation Committee hearing today on project delivery delays.</p>
<p>Lawmakers and witnesses from transportation companies focused on the National Environmental Policy Act (NEPA) as a cause of the delays. NEPA was enacted in 1970 and in many ways still serves as the foundation for environmental review policies throughout the nation.</p>
<p>Thomas Margro, CEO of Transportation Corridor Agencies, which builds toll roads in California, testified, &#8220;Our agency completed the first 51 miles of our planned 67 [mile] toll road system in 12 years. However, we have spent the last 15 years trying to accomplish and finish the last 16 miles, as it has been mired in the federal environmental review process.&#8221;</p>
<p>The first stage, to develop a &#8220;Purpose and Need&#8221; statement and the &#8220;Alternatives&#8221; for initial evaluation, took four years to accomplish, according to Margro. (Note: his written testimony says it took 28 months.) The second stage, preparing technical studies and environmental measures, he says, took six years.</p>
<p>In the end, the National Marine Fisheries Service agreed that the SR 241 project “would not likely adversely affect endangered or threatened fish species” but at the first hint of controversy, they backtracked. Margro says the process has failed them.</p>
<p><span id="more-251540"></span></p>
<p>One alternative is to allow states, rather than federal officials, to do the environmental oversight, as California now does, saving 10 to 17 months in project time. In order to be allowed to do this, states must have environmental protection laws that are at least as stringent as federal ones. One deterrent to states wanting to do their own environmental oversight is that they would lose their “sovereign immunity” and take on the liability the feds would normally have.</p>
<p>Rep. Peter DeFazio (D-OR) insisted that sometimes project delays are just due to inefficiency, like one particular case where a project got held up because someone went on vacation.</p>
<blockquote><p>It wasn’t a question of waiving environmental laws, but the bureaucracy was going to grind on for four or six weeks till this guy came back from vacation, went through his inbox and then decided to check the box and send it back to Portland and then it got to the top of the file there and someone decided to check the box and send it on to the Department of Transportation. And by then it might be too late.</p></blockquote>
<p>FHWA Administrator Victor Mendez says the agency has been able to shorten some project delivery times, partly due to his initiative called Every Day Counts, which helps planners and contractors adopt “innovative” technologies and practices to reduce delivery time. Changes to environmental reviews play a very small role in the long list of tools in his delay-mitigation toolkit.</p>
<p>Indeed, only three percent of federal highway projects actually undergo an environmental impact statement process, according to Michael Replogle of the Institute for Transportation and Development Policy. He says efforts to reduce delays should focus on diminishing unnecessary and redundant bureaucracy and improving cost-effectiveness.</p>
<p>Delays don’t just dog highway projects. They can also slow down transit work. Kathryn Phillips of the Environmental Defense Fund says environmentalists want to see good transit projects go forward without delay.</p>
<blockquote><p>That’s probably one reason you’ll find folks in the environmental community more willing than we’ve been in the past to even talk about NEPA changes through the transportation bill. Our concern, though, is that the conversation not get out of hand and that some people don’t use it as opportunity to just strip away environmental protections. Environmental protections are there for two critical reasons. One, to protect public health and the environment; and two, in this realm, to get to a place where you’re not spending all your time in court.</p></blockquote>
<p>She says that if those who want to see fewer and weaker environmental reviews get their way, they could see even longer project delays – because agencies and contractors will be busy fighting community lawsuits.</p>
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		<title>Oddo: Bike Lanes Were Just to Grab Attention for Loosening Enviro Review</title>
		<link>http://www.streetsblog.org/2011/01/28/oddo-bike-lanes-were-just-to-grab-attention-for-loosening-enviro-review/</link>
		<comments>http://www.streetsblog.org/2011/01/28/oddo-bike-lanes-were-just-to-grab-attention-for-loosening-enviro-review/#comments</comments>
		<pubDate>Fri, 28 Jan 2011 16:31:36 +0000</pubDate>
		<dc:creator>Noah Kazis</dc:creator>
				<category><![CDATA[Bicycling]]></category>
		<category><![CDATA[Bike Lanes]]></category>
		<category><![CDATA[Environmental Review]]></category>
		<category><![CDATA[James Oddo]]></category>

		<guid isPermaLink="false">http://www.streetsblog.org/?p=250341</guid>
		<description><![CDATA[City Council Minority Leader James Oddo. Photo: SI Advance
City Council Minority Leader James Oddo has a surprising message for Streetsblog and its commenters: &#8220;Thank you.&#8221;
We didn&#8217;t think too highly of Oddo&#8217;s proposal to require environmental review for bike lanes. And experts said it would throw an unnecessary road block in front of expanding the bike <a href=http://www.streetsblog.org/2011/01/28/oddo-bike-lanes-were-just-to-grab-attention-for-loosening-enviro-review/>[...]</a>]]></description>
			<content:encoded><![CDATA[<p><div id="attachment_250175" class="wp-caption alignright" style="width: 250px"><img class="size-full wp-image-250175" title="oddo" src="http://www.streetsblog.org/wp-content/uploads/2011/01/oddo.jpg" alt="James Oddo" width="240" height="188" /><p class="wp-caption-text">City Council Minority Leader James Oddo. Photo: <a href="http://www.silive.com/news/index.ssf/2010/09/city_council_moves_to_ease_reg.html">SI Advance</a></p></div></p>
<p>City Council Minority Leader James Oddo has a surprising message for Streetsblog and its commenters: &#8220;Thank you.&#8221;</p>
<p>We <a href="http://www.streetsblog.org/2011/01/24/council-mem-james-oddo-require-enviro-review-for-all-new-bike-lanes/">didn&#8217;t think too highly</a> of Oddo&#8217;s proposal to require environmental review for bike lanes. And <a href="http://www.streetsblog.org/2011/01/26/enviro-law-experts-review-for-bike-lanes-a-waste-of-taxpayer-money/">experts said</a> it would throw an unnecessary road block in front of expanding the bike network, making the projects exceedingly slow and expensive without any countervailing benefit.</p>
<p>But in a phone call with Streetsblog, Oddo said that story was exactly what he wanted to see. &#8220;I used you guys,&#8221; he crowed. &#8220;I knew when I touched the third rail of bike lanes, it would get noticed. The aim of my letter to the Deputy Mayor and the DOT Commissioner wasn&#8217;t bike lanes. It was the city&#8217;s environmental review process.&#8221;</p>
<p>He hurried to say that he didn&#8217;t have any problems with bike lanes &#8212; but his explanation will be cold comfort to cyclists who can <a href="http://www.streetsblog.org/2011/01/28/2010/11/18/cyclists-blindsided-by-citys-erasure-of-father-capodanno-bike-lane/">no longer ride on the Father Capodanno Boulevard bike lane</a> in his own district. &#8220;This commissioner and this department, they can build all the bike lanes they want,&#8221; he said. &#8220;As long as I get drivable roads in my borough, that&#8217;s my concern. I can&#8217;t help the fact that Staten Islanders are addicted to automobiles because the government hasn&#8217;t given us mass transit.&#8221;</p>
<p>Oddo called the environmental review process &#8220;arbitrary, pointless, and a  job killer.&#8221; He said his ultimate goal was to raise attention to <a href="http://www.manhattan-institute.org/html/rethinking_environmental_review.htm">this white paper</a> by Manhattan Institute fellow Hope Cohen, which outlines an agenda to reform environmental review.</p>
<p>To what end does Oddo want to loosen the city&#8217;s enviro review procedures? <a href="http://www.silive.com/news/index.ssf/2011/01/nyc_environmental_review_proce.html">The Staten Island Advance</a> reports today that he wants road widenings to be sped through the process &#8212; projects that will actually induce more traffic and cause more pollution. The Manhattan Institute paper does not address the appropriateness of environmental review for specific types of transportation projects, like road widenings.</p>
<p><span id="more-250341"></span></p>
<p>And the Advance notes that Oddo does seem to have problems with  bike lanes, which he said cause congestion and endanger all road users. Note that the project that got him and his Staten Island colleague Vincent Ignizio so riled up was merely <a href="http://www.silive.com/eastshore/index.ssf/2009/06/bike_lane_on_busy_staten_islan.html">the prospect of sharrows</a> on a couple of streets.</p>
<p>So it can&#8217;t hurt to remind Oddo that you don&#8217;t want to see bike lanes burdened with unneeded environmental review. You can send him and Ignizio an e-fax <a href="http://transalt.org/takeaction/actioncenter/5073">here</a>.</p>
<p>By the way, there are plenty of environmental review reforms Oddo could pursue that would actually be beneficial for the environment. Streetsblog has written about a few flaws in our local enviro review law: It <a href="http://www.streetsblog.org/2008/08/27/the-parking-cure-part-2-do-the-right-tests/">doesn&#8217;t count the total impact of off-street parking</a>, and it suggests that <a href="http://www.streetsblog.org/2010/04/30/brooklyn-cb-1-cm-levin-beep-all-demand-less-parking-at-new-domino/">developers provide too much parking</a><a href="http://www.streetsblog.org/2008/12/08/the-original-sin-of-environmental-review/"></a>.</p>
<p>Any other changes you&#8217;d like to pass on? Leave your suggestions in the comments.</p>
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		<title>Enviro Law Experts: Review For Bike Lanes a Waste of Taxpayer Money</title>
		<link>http://www.streetsblog.org/2011/01/26/enviro-law-experts-review-for-bike-lanes-a-waste-of-taxpayer-money/</link>
		<comments>http://www.streetsblog.org/2011/01/26/enviro-law-experts-review-for-bike-lanes-a-waste-of-taxpayer-money/#comments</comments>
		<pubDate>Wed, 26 Jan 2011 19:07:33 +0000</pubDate>
		<dc:creator>Noah Kazis</dc:creator>
				<category><![CDATA[Bicycling]]></category>
		<category><![CDATA[Bike Lanes]]></category>
		<category><![CDATA[City Council]]></category>
		<category><![CDATA[Environmental Review]]></category>
		<category><![CDATA[James Oddo]]></category>
		<category><![CDATA[Vincent Ignizio]]></category>

		<guid isPermaLink="false">http://www.streetsblog.org/?p=250242</guid>
		<description><![CDATA[City Council Minority Leader James Oddo. Photo: SI Advance
You know something&#8217;s amiss when you hear Republicans calling for more red tape and government bureaucracy, as Staten Island Council Members James Oddo and Vincent Ignizio did earlier this week with their call to require environmental review for all new bike lanes. But let&#8217;s indulge Oddo and <a href=http://www.streetsblog.org/2011/01/26/enviro-law-experts-review-for-bike-lanes-a-waste-of-taxpayer-money/>[...]</a>]]></description>
			<content:encoded><![CDATA[<p><div id="attachment_250175" class="wp-caption alignright" style="width: 250px"><img class="size-full wp-image-250175" title="oddo" src="http://www.streetsblog.org/wp-content/uploads/2011/01/oddo.jpg" alt="James Oddo" width="240" height="188" /><p class="wp-caption-text">City Council Minority Leader James Oddo. Photo: <a href="http://www.silive.com/news/index.ssf/2010/09/city_council_moves_to_ease_reg.html">SI Advance</a></p></div></p>
<p>You know something&#8217;s amiss when you hear Republicans calling for more red tape and government bureaucracy, as Staten Island Council Members James Oddo and Vincent Ignizio did earlier this week with <a href="http://www.streetsblog.org/2011/01/26/2011/01/24/council-mem-james-oddo-require-enviro-review-for-all-new-bike-lanes/">their call to require environmental review for all new bike lanes</a>. But let&#8217;s indulge Oddo and Ignizio and take their proposal seriously for a moment. Does it have any merit?</p>
<p>We asked some top legal and planning experts for their opinion, and they agreed: Bike lanes generally don&#8217;t and shouldn&#8217;t need to go through environmental review.</p>
<p>Oddo&#8217;s office didn&#8217;t respond to Streetsblog&#8217;s request to see the letter outlining his proposal, but it seems as though he would have to pass new legislation. It&#8217;s fairly clear that under current law, striping a bike lane generally doesn&#8217;t require environmental review. There&#8217;s a presumption that small street changes like signage are exempt from environmental review, said Columbia Law School professor and environmental law expert Michael Gerrard.</p>
<p>Specifically, the law exempts the &#8220;installation of traffic control devices on existing streets, roads, and highways.&#8221; Pavement markings <a href="http://mutcd.fhwa.dot.gov/kno-tutintro.html">are included in</a> the federal Manual on Uniform Traffic Control Devices, suggesting that bike lanes fall under that exemption.</p>
<p>Even if bike lanes aren&#8217;t categorically exempt, continued Gerrard, a given project may not be predicted to create a significant enough impact to require environmental review. That determination would be made, in this case, by the city DOT.</p>
<p>Bike lanes not only don&#8217;t need to go through environmental review, they shouldn&#8217;t, said former DOT First Deputy Commissioner Sam Schwartz, now the head of Sam Schwartz Engineering. “EIS laws and guidelines were established to protect the environment. If an action is not likely to meet the threshold set by regulation (and few if any bike lanes do), then why waste a ton of money?&#8221; Schwartz said. &#8220;Ironically, it would probably mean more work for my firm, but it&#8217;s a waste of taxpayer money.&#8221;</p>
<p>&#8220;No bike lane would fail an environmental review,&#8221; said Michael King, a principal at the transportation planning firm Nelson\Nygaard.</p>
<p><span id="more-250242"></span></p>
<p>There will always be a positive environmental impact, he explained, something that the city often has to demonstrate anyway to receive federal funding. Environmental review would add another layer of expense and red tape, setting a threshold that King has never had to meet for the bike projects he&#8217;s worked on in a dozen cities around the country and the world.</p>
<p>So in case there was any doubt, Oddo&#8217;s proposal has nothing to do with improving the environment, or even proper attention to environmental procedures. It&#8217;s about throwing up road blocks to the continued expansion of the bike network (which, in his district, is already <a href="http://www.streetsblog.org/2010/11/18/cyclists-blindsided-by-citys-erasure-of-father-capodanno-bike-lane/">shrinking</a>).</p>
<p>&#8220;That&#8217;s how you stall things, you study them,&#8221; said King.</p>
<p>Gerrard said that providing an environmental assessment would take around three months for each bike lane and that completing a full environmental impact statement could take 18 months or more. &#8220;I assume this is being proposed to throw up an obstacle to making bike lanes,&#8221; he said.</p>
<p>While noting that there&#8217;s a tension between the environmental benefits of more bike lanes and of a strong environmental review process, Gerrard concluded that &#8220;it would be unfortunate if the environmental laws were used excessively to impede environmentally beneficial actions.&#8221;</p>
<p>There&#8217;s also a strong case to be made that, regardless of how many supporters Oddo and Ignizio may find on the   Council, they have no legal authority to force bike lanes through   environmental review. The city&#8217;s review process <a href="http://www.nyc.gov/html/oec/html/ceqr/legal_documents.shtml">is regulated by</a> state law, the city charter, executive order and administrative rules, not by Council legislation.</p>
<p>Bike lanes don&#8217;t need environmental review as it stands. Forcing them to go through it would be a costly and unnecessary exercise in violation of the purpose of environmental review, the end result of which would be more dangerous streets.</p>
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		<title>Council Mem James Oddo: Require Enviro Review for All New Bike Lanes</title>
		<link>http://www.streetsblog.org/2011/01/24/council-mem-james-oddo-require-enviro-review-for-all-new-bike-lanes/</link>
		<comments>http://www.streetsblog.org/2011/01/24/council-mem-james-oddo-require-enviro-review-for-all-new-bike-lanes/#comments</comments>
		<pubDate>Mon, 24 Jan 2011 17:51:23 +0000</pubDate>
		<dc:creator>Ben Fried</dc:creator>
				<category><![CDATA[City Council]]></category>
		<category><![CDATA[DOT]]></category>
		<category><![CDATA[Environmental Review]]></category>
		<category><![CDATA[James Oddo]]></category>
		<category><![CDATA[Vincent Ignizio]]></category>

		<guid isPermaLink="false">http://www.streetsblog.org/?p=250154</guid>
		<description><![CDATA[Last week&#8217;s release of &#8220;before&#8221; and &#8220;after&#8221; stats on the Prospect Park West bike lane tells an increasingly familiar story: A DOT redesign has increased cycling while making the street safer for pedestrians and drivers. Since safer streets make it easier for New Yorkers to get around without a car, and since biking and walking <a href=http://www.streetsblog.org/2011/01/24/council-mem-james-oddo-require-enviro-review-for-all-new-bike-lanes/>[...]</a>]]></description>
			<content:encoded><![CDATA[<p>Last week&#8217;s release of <a href="http://www.streetsblog.org/2011/01/20/with-the-facts-in-dot-plans-more-improvements-for-prospect-park-west/">&#8220;before&#8221; and &#8220;after&#8221; stats</a> on the Prospect Park West bike lane tells an increasingly familiar story: A DOT redesign has increased cycling while making the street safer for pedestrians and drivers. Since safer streets make it easier for New Yorkers to get around without a car, and since biking and walking are emissions-free modes, it&#8217;s safe to say that this is good news for the environment.</p>
<p><div id="attachment_250175" class="wp-caption alignright" style="width: 250px"><img class="size-full wp-image-250175" title="oddo" src="http://www.streetsblog.org/wp-content/uploads/2011/01/oddo.jpg" alt="James Oddo" width="240" height="188" /><p class="wp-caption-text">Staten Island Republican James Oddo. Photo: <a href="http://www.silive.com/news/index.ssf/2010/09/city_council_moves_to_ease_reg.html">SI Advance</a></p></div></p>
<p>Well, City Council Member <a href="http://council.nyc.gov/d50/html/members/home.shtml">James Oddo</a> begs to differ.</p>
<p><a href="http://www.nypost.com/p/news/local/pols_push_to_end_fast_track_for_oiWbLYamWk2OHE3TJoAdoL">The Post reports</a> that Oddo and fellow Staten Island rep Vincent Ignizio want to require time-consuming environmental reviews for future NYC bike projects:</p>
<blockquote><p>Staten Island Councilman James Oddo, the Republican minority  leader, said plans for new bike lanes should undergo the city&#8217;s lengthy  environmental-assessment process, or the city should allow other, more  minor traffic changes to bypass the review.</p>
<p>Oddo and Councilman Vincent Ignizio (R-SI)  penned a letter last week demanding an explanation from Deputy Mayor  Stephen Goldsmith and Transportation Commissioner Janette Sadik-Khan, an  avid cyclist and bike-lane proponent, of why the lanes don&#8217;t require  the scrutiny.</p>
<p>&#8220;The creation of bike lanes and the removal of vehicle travel lanes  represent a major reordering of Department of Transportation priorities  that may affect the environment and appear to qualify&#8221; for a formal  environmental review, the letter reads.</p></blockquote>
<p>Oddo was part of the team that successfully lobbied to <a href="http://www.streetsblog.org/2010/11/18/cyclists-blindsided-by-citys-erasure-of-father-capodanno-bike-lane/">kill the Father Capodanno bike lane</a> late last year. The city erased that decades-old cycling route &#8212; in what you might call a &#8220;major reordering&#8221; of the street &#8212; without any public hearing or environmental review. Now, under the guise of environmental review, Oddo and Ignizio want to throw more monkey wrenches at bike projects.</p>
<p><span id="more-250154"></span></p>
<p>We&#8217;ll have more on Oddo&#8217;s ideas about environmental review in a future post. What&#8217;s more notable than this single proposal is the pattern that&#8217;s emerging: <a href="http://www.streetsblog.org/2011/01/14/queens-council-mem-eric-ulrich-register-every-adult-who-rides-a-bike/">Several</a> <a href="http://www.streetsblog.org/2011/01/06/vacca-city-council-agree-to-deeper-budget-cuts-to-keep-parking-cheap/">City</a> <a href="http://www.nydailynews.com/ny_local/2011/01/23/2011-01-23_pregnant_pass_give_momstobe_free_parking_in_city_pol.html">Council</a> <a href="http://www.streetsblog.org/2010/12/09/quick-hits-from-todays-city-council-hearing-on-bike-policy/">members</a> seem intent on making their body a stagnant backwater for transportation policy, whose main purpose is to restrain New York from making streets safer.</p>
<p>In other American cities &#8212; places that are less transit-friendly or walkable than NYC &#8212; council members have spoken up for progressive transportation policies like <a href="http://www.streetsblog.org/2011/01/11/sensible-talk-on-parking-from-council-mems-in-seattle-and-d-c/">setting parking meter rates according to parking demand</a>. San Francisco&#8217;s <a href="http://sf.streetsblog.org/2011/01/11/david-chiu-bike-network-expansion-is-transportation-priority-1/">David Chiu</a> recently said that expanding his city&#8217;s bike network was his number one transportation priority.</p>
<p>NYC has some bright representatives when it comes to transportation and street safety, but overall, our City Council members need to brush up on the issues, spend less time pandering with <a href="http://www.nydailynews.com/ny_local/2011/01/23/2011-01-23_pregnant_pass_give_momstobe_free_parking_in_city_pol.html">frivolous parking giveaways</a>, and get serious about transportation policy that will actually help their constituents.</p>
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		<title>Land Use Process Likely Safe in Charter Revision, But Major Issues Simmer</title>
		<link>http://www.streetsblog.org/2010/06/25/land-use-process-likely-safe-in-charter-revision-but-major-issues-simmer/</link>
		<comments>http://www.streetsblog.org/2010/06/25/land-use-process-likely-safe-in-charter-revision-but-major-issues-simmer/#comments</comments>
		<pubDate>Fri, 25 Jun 2010 17:45:00 +0000</pubDate>
		<dc:creator>Noah Kazis</dc:creator>
				<category><![CDATA[Community Boards]]></category>
		<category><![CDATA[Development]]></category>
		<category><![CDATA[Economics]]></category>
		<category><![CDATA[Environmental Review]]></category>
		<category><![CDATA[Urban Planning]]></category>

		<guid isPermaLink="false">http://www.streetsblog.org/?p=237021</guid>
		<description><![CDATA[ 
    Former Staten Island Council Member Stephen Fiala defends the role of borough presidents in land use decision-making. Image: SI Advance.The city's Charter Revision Commission held its fifth issue forum last night, discussing the city's complex land use process. Based on the commentary of a panel of expert witnesses, a major <a href=http://www.streetsblog.org/2010/06/25/land-use-process-likely-safe-in-charter-revision-but-major-issues-simmer/>[...]</a>]]></description>
			<content:encoded><![CDATA[<div> 
    <div style="width: 331px;" class="figure alignright"><img width="325" height="200" align="right" class="image" alt="steviejpg_ca5c10d14bc0633a_large.jpg" src="http://www.streetsblog.org/wp-content/uploads/2010/06/21/steviejpg_ca5c10d14bc0633a_large.jpg" /><span class="legend">Former Staten Island Council Member Stephen Fiala defends the role of borough presidents in land use decision-making. Image: <a href="http://www.silive.com/news/index.ssf/2010/06/final_experts_forum_on_charter.html">SI Advance</a>.</span></div>The city's Charter Revision Commission held its fifth issue forum last night, discussing the city's complex land use process. Based on the commentary of a panel of expert witnesses, a major revision of the city's core land use process, <a href="http://www.nyc.gov/html/dcp/html/luproc/ulpro.shtml">ULURP</a>, looks unlikely this year. But that doesn't mean that there isn't an appetite for change. Heated discussions about the role of community boards and borough presidents, comprehensive and community-based planning and the need to reform environmental review punctuated the evening.
  
  
  
  
  </div> 
  <div><br /></div> 
  <div>The city's official position, it appears, is that land use doesn't need reform this year. David Karnovsky, general counsel for the Department of City Planning, used his testimony to explain the origins and benefits of ULURP, praising it for being predictable and appropriately balancing local and city-wide interests. &quot;It is strong and it is robust,&quot; said Karnovsky. At no point did he speak well of a proposal to revise the land use sections of the charter.</div> 
  <div><br /></div> 
  <div>Karnovsky's testimony echoed that of City Planning Commissioner Amanda Burden, who <a href="http://www.observer.com/2010/politics/burden-charter-revision-don%E2%80%99t-change-rezoning-process">according to the Observer</a>, has called for leaving ULURP alone in this charter revision. &quot;I think we definitely should make sure we don't mess with things that aren't broken,&quot; Burden was reported as saying. Since the Charter Revision Commission is controlled by mayoral appointees, this unified position from the Department of City Planning suggests that land use may not make it onto the ballot this year.</div> 
  <div><br /></div> 
  <div>But if the charter commission does decide to tackle land use, or if it comes up again next year, last night's forum provided a good overview of the hot issues.&nbsp;</div> 
  <div><br /></div> 
  <div>Debate over the proper role of borough presidents and community boards dominated the evening. <span id="more-237021"></span>Currently, both make recommendations as part of ULURP, but have only advisory functions. Proposals to give them a little bit more power -- by requiring the City Planning Commission to overturn a borough president's &quot;no&quot; vote with a supermajority, for instance, or providing community boards with the resources to employ professional planners, as proposed by Manhattan Borough President Scott Stringer [<a href="http://mbpo.org/uploads/ensuringreport3.pdf">PDF</a>] -- resurfaced throughout the night. The public portion of the forum, in particular, was dominated by local voices, many of them community board leaders, urging that neighborhoods be given more control over land use decisions.&nbsp;</div> 
  <div><br /></div> 
  <div>Representatives of the city and the development community, however, strongly opposed moves to strengthen community boards and borough presidents. Karnovsky said they already &quot;identify and frame issues&quot; which shape city-wide discussion, a point echoed by Christopher Collins, the long-time counsel for the City Council's land use committee.&nbsp;</div> 
  <div><br /></div> 
  <div>A discussion about the difference between planning and zoning also divided the expert panel. &quot;The Department of City Planning is fixated on ad hoc rezonings,&quot; not comprehensive, long-term planning, said Tom Angotti, a planning professor at Hunter College. For example, he argued, upzonings aren't paired with added transit capacity, pointing to neighborhoods like Williamsburg.&nbsp;</div> 
  <div><br /></div> 
  <div>Angotti's position was supported by testimony from the Citizens Housing and Planning Council [<a href="http://www.chpcny.org/pubs/City%20Charter%20-%20CHPC%20Final%20Position%20Paper.pdf">PDF</a>] and the <a href="http://prattcenter.net/issue-brief/city-charter-revision-where-land-use-fits">Pratt Center for Community Development</a>. Each pointed to PlaNYC as exhibiting many of the best characteristics of a comprehensive plan, tying long-term goals like sustainability to demographic projections and holistic solutions. But because it was created outside a charter-authorized process, they argued, PlaNYC never went through a proper public review process and lacks the institutional power to force city departments to comply with its goals. The central question, said Sarah Watson of CHPC, is&nbsp;&quot;How can the long-term, citywide planning objectives of PlaNYC be integrated within the structure and the processes of New York City government?&quot;</div> 
  <div><br /></div> 
  <div>Some invited experts disagreed, however. &quot;I don't know how you'd do a comprehensive, city-wide plan in a way that wasn't completely top-down,&quot; said Vishaan Chakrabarti, a Columbia professor who formerly worked for DCP and the Related Companies.</div> 
  <div><br /></div> 
  <div>While nearly everyone believed that ULURP itself is basically functioning well, the pre-ULURP process, and environmental review in particular, came in for sharp criticism. Angotti argued that environmental review needs to be simpler and more transparent. Right now, he said, the law does little to inform the public or protect the environment. Attorney Paul Selver, representing the development community, identified environmental review as the major driver of delays in development, an issue of particular concern to charter commission chair Matthew Goldstein.&nbsp;</div> 
  <div><br /></div> 
  <div>Other hot issues included the use of community-developed <a href="http://www.nyc.gov/html/dcp/html/community_planning/197a.shtml">197-a plans</a>, which many believe are ignored by the city, always-controversial <a href="http://www.streetsblog.org/2010/02/26/community-benefits-agreements-what-do-they-mean-for-livable-streets/">community benefits agreements</a>, and the &quot;<a href="http://www.nyc.gov/html/dcp/html/pub/fair.shtml">fair share</a>&quot; provision, which is supposed to distribute the burden of unwanted infrastructure evenly across the city. All these issues may not make it onto the ballot in November -- ULURP looks like it won't -- but for a good rundown of the big questions facing New York's land use process in the years ahead, you couldn't do much better than last night's event.&nbsp;</div>]]></content:encoded>
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		<title>New GOP Bill Would Bar Enviro Reviews From Considering Climate</title>
		<link>http://dc.streetsblog.org/2010/04/20/new-gop-plan-would-bar-enviro-reviews-from-considering-climate/</link>
		<comments>http://dc.streetsblog.org/2010/04/20/new-gop-plan-would-bar-enviro-reviews-from-considering-climate/#comments</comments>
		<pubDate>Tue, 20 Apr 2010 19:17:04 +0000</pubDate>
		<dc:creator>Elana Schor</dc:creator>
				<category><![CDATA[Environmental Review]]></category>
		<category><![CDATA[U.S. Senate]]></category>

		<guid isPermaLink="false">http://www.streetsblog.org/?p=193591</guid>
		<description><![CDATA[Republicans on the Senate environment committee, who months ago began criticizing the Obama administration for evaluating federally funded infrastructure projects for their impact on climate change, today introduced legislation that would bar the White House from making climate a factor in environmental reviews. 
    
  Sen. John Barrasso (R-WY), one of <a href=http://dc.streetsblog.org/2010/04/20/new-gop-plan-would-bar-enviro-reviews-from-considering-climate/>[...]</a>]]></description>
			<content:encoded><![CDATA[<p>Republicans on the Senate environment committee, who months ago <a href="http://dc.streetsblog.org/2009/10/26/gop-senators-protest-evaluating-the-climate-impacts-of-transport-projects/">began criticizing</a> the Obama administration for evaluating federally funded infrastructure projects for their impact on climate change, today introduced legislation that would bar the White House from making climate a factor in environmental reviews.<br /></p> 
  <p> </p> 
  <div style="width: 206px;" class="figure alignright"><img width="200" height="235" align="right" class="image" alt="john_barrasso_john_thune_2009_9_30_16_10_56.jpg" src="http://dc.streetsblog.org/wp-content/uploads/10_2009/john_barrasso_john_thune_2009_9_30_16_10_56.jpg" /><span class="legend">Sen. John Barrasso (R-WY), one of the new NEPA bill's sponsors, holds up a copy of the Senate climate legislation. (Photo: <a href="http://nimg.sulekha.com/Others/original700/john-barrasso-john-thune-2009-9-30-16-10-56.jpg">AP</a>)</span></div>The GOP senators said <a href="http://epw.senate.gov/public/index.cfm?FuseAction=Minority.PressReleases&amp;ContentRecord_id=1bc00795-802a-23ad-46c9-8d25ff8ecb50">their bill</a> was aimed at ensuring the government could not delay new road and power-plant construction to gauge its climate impacts under the precepts of the National Environmental Policy Act (NEPA). That 40-year-old statute that requires local planners to conduct reviews of any transport project that could significantly impact the health of surrounding areas.
   
  
  
  
  
  
  
  
  <p>&quot;As it stands, NEPA is
subject to frequent abuse by radical environmentalists who want to use
litigation to impose their agenda on federal agencies,&quot; Sen. David Vitter (R-LA), one of the measure's sponsors, said in a statement. &quot;Our bill seeks
to prevent that abuse.&quot;</p> 
  <p>The White House Council on Environmental Quality (CEQ), responding to a petition from green groups, issued <a href="http://www.whitehouse.gov/administration/eop/ceq/initatives/nepa">draft guidance</a> in February that asked agencies to evaluate the climate impacts of new projects estimated to increase emissions by 25,000 metric tons or more of CO2 -- the same level that the Environmental Protection Agency (EPA) used for <a href="http://www.whitehouse.gov/administration/eop/ceq/initatives/nepa">its rule on</a> mandatory reporting of greenhouse gas production.</p> 
  <p> As the EPA noted in its explanation of the 25,000 metric ton threshold, such a level of emissions would be equivalent to 4,600 new passenger cars or the energy use of 2,3000 new homes.</p> 
  <p>The CEQ's guidance is not set to become final until after a period of public comment ends next month.<br /></p>]]></content:encoded>
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		<title>New San Francisco Bike Lanes: Feel the Ecstasy</title>
		<link>http://www.streetsblog.org/2009/12/04/new-san-francisco-bike-lanes-feel-the-ecstasy/</link>
		<comments>http://www.streetsblog.org/2009/12/04/new-san-francisco-bike-lanes-feel-the-ecstasy/#comments</comments>
		<pubDate>Fri, 04 Dec 2009 21:28:42 +0000</pubDate>
		<dc:creator>Ben Fried</dc:creator>
				<category><![CDATA[Bicycling]]></category>
		<category><![CDATA[Environmental Review]]></category>
		<category><![CDATA[San Francisco]]></category>

		<guid isPermaLink="false">http://www.streetsblog.org/?p=106081</guid>
		<description><![CDATA[  
  SF MTA Chief Nat Ford and Mayor Gavin Newsom work the green rollers. Photo: Matthew Roth.These are heady days for San Francisco cyclists. After three years that saw the addition of pretty much zero bike infrastructure, this week the city hailed the arrival of its first new bike lane since 2006 <a href=http://www.streetsblog.org/2009/12/04/new-san-francisco-bike-lanes-feel-the-ecstasy/>[...]</a>]]></description>
			<content:encoded><![CDATA[<p> </p> 
  <div style="width: 556px;" class="figure alignmiddle"><img width="550" height="439" align="middle" class="image" alt="ford_newsom.jpg" src="http://www.streetsblog.org/wp-content/uploads/2009/12_03/ford_newsom.jpg" /><span class="legend">SF MTA Chief Nat Ford and Mayor Gavin Newsom work the green rollers. Photo: Matthew Roth.<br /></span></div>These are heady days for San Francisco cyclists. After three years that saw the addition of pretty much zero bike infrastructure, this week the city hailed the arrival of its first new bike lane since 2006 and its first-ever physically protected bikeway. Thanks to a partial dismantling of <a href="http://www.streetsblog.org/2008/11/28/sf-responds-to-bike-injunction-with-1m-1353-page-enviro-review/">Rob Anderson's crowning achievement</a> -- the legal injunction banning bike lanes under the guise of environmental review -- more projects are on the way. The atmosphere is fairly giddy. 
  
  
  
  
  <p>Meanwhile, here in New York, we've been shouting and muttering curses over the loss of a well-used bike lane segment in Williamsburg. So I figured it might lift everyone's spirits to share some of the good vibes emanating from Streetsblog SF. Here are some highlights from just the past few days:</p> <span id="more-106081"></span> 
  <p> </p> 
  <div class="figure alignmiddle" style="width: 506px;"><img width="500" height="335" align="middle" src="http://www.streetsblog.org/wp-content/uploads/2009/12_03/thornley.jpg" alt="thornley.jpg" class="image" /><span class="legend">Andy Thornley of the SF Bicycle Coalition rides the new left-turn bike lane on Scott Street. Photo: <a href="http://www.flickr.com/photos/sfbike/sets/72157622791301853/">sfbike/Flickr</a>.</span></div> 
  <p><a href="http://sf.streetsblog.org/2009/12/01/eyes-on-the-street-sf-gets-its-first-new-bike-lane-in-three-years/">The city stripes its first new bike lane since 2006</a>, a left-turn bike lane at that.
  </p> 
  <p> </p>
  <div style="width: 576px;" class="figure"><img width="570" height="427" class="image" alt="bike_lane_market.jpg" src="http://www.streetsblog.org/wp-content/uploads/2009/12_03/bike_lane_market.jpg" /><span class="legend">Photo: Bryan Goebel.<br /></span></div>On Market Street, <a href="http://sf.streetsblog.org/2009/12/03/sf-gets-first-protected-bike-lane-drivers-already-violating-it/">the city installs its first physically protected lane</a>.
   
  
  <p>Mayor Newsom announces that Clear Channel is backing out of its bike-share deal with San Francisco, but that <a href="http://sf.streetsblog.org/2009/12/03/clear-channel-drops-sf-bike-share-mayor-newsom-pledges-larger-pilot/">he intends to launch a robust public bike network</a> with 2,700 bikes in the pilot phase.</p> 
  <p> </p>
  <div style="width: 576px;" class="figure alignmiddle"><img width="570" height="427" align="middle" class="image" alt="green_box.jpg" src="http://www.streetsblog.org/wp-content/uploads/2009/12_03/green_box.jpg" /><span class="legend">Photo: Bryan Goebel.</span></div>Newsom and MTA Chief Nat Ford <a href="http://sf.streetsblog.org/2009/12/03/mayor-mta-and-bike-activists-celebrate-first-new-bike-lane-in-three-years/">join bike advocates</a> to paint a green bike box on the new Scott Street lane.<br /> 
  <p> </p>]]></content:encoded>
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		<title>Does the State Senate&#8217;s MTA Plan Pass Environmental Muster?</title>
		<link>http://www.streetsblog.org/2009/04/22/does-the-state-senates-mta-plan-pass-environmental-muster/</link>
		<comments>http://www.streetsblog.org/2009/04/22/does-the-state-senates-mta-plan-pass-environmental-muster/#comments</comments>
		<pubDate>Wed, 22 Apr 2009 20:42:17 +0000</pubDate>
		<dc:creator>Ben Fried</dc:creator>
				<category><![CDATA[Air Quality]]></category>
		<category><![CDATA[Bridge Tolls]]></category>
		<category><![CDATA[Climate Change]]></category>
		<category><![CDATA[Congestion Pricing]]></category>
		<category><![CDATA[Environmental Review]]></category>
		<category><![CDATA[Richard Brodsky]]></category>
		<category><![CDATA[State Legislature]]></category>
		<category><![CDATA[Transit]]></category>

		<guid isPermaLink="false">http://www.streetsblog.org/?p=5961</guid>
		<description><![CDATA[ 
  Where's the Assembly's eco-warrior when you need him?The Municipal Art Society came out with a report yesterday urging New York State to start analyzing greenhouse gas emissions in its environmental review process (SEQRA). MAS argues that the policy could be adopted without changing existing laws, which raises an interesting question to ponder <a href=http://www.streetsblog.org/2009/04/22/does-the-state-senates-mta-plan-pass-environmental-muster/>[...]</a>]]></description>
			<content:encoded><![CDATA[<p> </p>
  <div style="width: 170px;" class="figure alignright"><img width="164" height="320" align="right" class="image" alt="brodsky.jpg" src="http://www.streetsblog.org/wp-content/uploads/2008/02_11/brodsky.jpg" /><span class="legend">Where's the Assembly's eco-warrior when you need him?</span></div>The <a href="http://mas.org/mas-calls-for-green-house-gas-emission-analysis-in-seqra/">Municipal Art Society came out with a report yesterday</a> urging New York State to start analyzing greenhouse gas emissions in its environmental review process (SEQRA). MAS argues that the policy could be adopted without changing existing laws, which raises an interesting question to ponder on this Earth Day afternoon: Would the State Senate's latest MTA funding plan pass muster if it were subject to an EIS that factors in climate change?
   
  
  <p>The MTA rescue package does not, in fact, fall under the purview of SEQRA, even though it's probably the most important piece of climate policy that the state legislature will consider this year. The Senate's latest stab would keep the trains and buses running for a few more months, but it's an eco-stinker compared to the Ravitch plan and any other package that includes road pricing or tolls on currently free bridges.<br /></p> 
  <p>Let's go back to the spring of 2008. Remember all the carping from <a href="http://www.streetsblog.org/2008/02/11/has-richard-brodsky-ever-paid-a-subway-fare/">Richard Brodsky</a> and <a href="http://www.streetsblog.org/2008/04/03/glick-worried-pricing-will-make-air-quality-worse/">other state legislators</a> <a href="http://www.streetsblog.org/2008/02/08/new-congestion-pricing-plan-same-jeffrey-dinowitz/">about congestion pricing</a> <a href="http://www.streetsblog.org/2008/02/26/assemblyman-hevesi-clarifies-transit-money-grab-comment/">not going through the SEQRA process</a>? That was regarding a policy projected to take <a href="http://www.streetsblog.org/2007/06/11/112000-less-cars/">112,000 cars off the road each day</a>. Now we have an MTA funding plan <a href="http://www.politickerny.com/3193/silver-if-it-passes-senate-sure">getting serious consideration</a> that would <a href="http://www.streetsblog.org/2009/04/21/another-bad-transit-plan-from-the-state-senate/">create worse traffic bottlenecks and more incentives to drive</a>, but so far not even a peep about environmental consequences from Albany.<br /></p>]]></content:encoded>
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		<title>Senate Requires Environmental Approval For Stimulus Projects</title>
		<link>http://www.streetsblog.org/2009/02/09/senate-requires-environmental-approval-for-stimulus-projects/</link>
		<comments>http://www.streetsblog.org/2009/02/09/senate-requires-environmental-approval-for-stimulus-projects/#comments</comments>
		<pubDate>Mon, 09 Feb 2009 18:51:27 +0000</pubDate>
		<dc:creator>Damien Newton</dc:creator>
				<category><![CDATA[Barbara Boxer]]></category>
		<category><![CDATA[Environmental Review]]></category>
		<category><![CDATA[Federal Stimulus]]></category>
		<category><![CDATA[Highway Expansion]]></category>
		<category><![CDATA[U.S. Chamber of Commerce]]></category>
		<category><![CDATA[U.S. Senate]]></category>

		<guid isPermaLink="false">http://www.streetsblog.org/?p=5421</guid>
		<description><![CDATA[  
  NEPA oversight should prevent the Garden State Parkway from being widened using stimulus funds.The final draft of the Senate's economic recovery bill will require all projects funded by the stimulus to
have approval under the National Environmental Protection
Act, or NEPA. Sponsored by Barbara Boxer, the NEPA amendment  (full text after the <a href=http://www.streetsblog.org/2009/02/09/senate-requires-environmental-approval-for-stimulus-projects/>[...]</a>]]></description>
			<content:encoded><![CDATA[<p> </p> 
  <div class="figure alignright" style="width: 285px;"><img width="279" height="166" align="right" src="http://www.streetsblog.org/wp-content/uploads/2009/02_12/gs_parkway.jpg" alt="gs_parkway.jpg" class="image" /><span class="legend">NEPA oversight should prevent the Garden State Parkway from being widened using stimulus funds.</span></div>The final draft of the Senate's economic recovery bill will require all projects funded by the stimulus to
have approval under the <a href="http://www.epa.gov/compliance/nepa/">National Environmental Protection
Act</a>, or NEPA. Sponsored by Barbara Boxer, the NEPA amendment  (full text after the jump) was adopted late Thursday following
Republican attempts to exempt highway projects from environmental oversight. 
   
  
  
  
  
  <p>For advocates of green transportation, NEPA protection will help deter the construction of additional road capacity, but it does come with a potential downside. <br /></p> 
  <p>The provision should assist the Tri-State Transportation Campaign, for example, in its fight against the <a href="http://blog.tstc.org/2009/02/04/release-tstc-sues-to-halt-garden-state-parkway-widening-calls-for-more-and-better-congestion-relief/">widening of the Garden State Parkway</a>, a project on New
Jersey's stimulus wish list. The state has tried very hard to avoid
federal oversight for this massive highway expansion project, going so far as to attempt funding it completely with toll revenue. Paying for the added lanes with stimulus cash should only be possible if the project can skirt NEPA.</p> 
  <p><span></span>While many are breathing a sigh of relief that the Senate fended off an end run around NEPA reviews, the application of 1970s-era environmental legislation  could produce unintended consequences for deserving projects. Similar laws have been invoked to <a href="http://www.streetsblog.org/2008/11/28/sf-responds-to-bike-injunction-with-1m-1353-page-enviro-review/">delay the implementation of San Francisco's bicycle network</a> for three years and to <a href="http://www.streetsblog.org/2008/10/02/foes-of-car-free-trial-in-prospect-park-demand-environmental-review/">impede car-free parks in New York</a>.<span> </span></p> <span id="more-5421"></span> 
  <p>The debate over NEPA provisions in the stimulus began when Sen. John Barrasso (R-WY),
backed by the U.S. Chamber of Commerce and at least 20 other business groups, <a href="http://politics.theatlantic.com/2009/02/boxer_v_barrasso_on_enviro_rules.php">pushed an alternative amendment</a> that would have allowed any project receiving stimulus funds to get a waiver from NEPA if the environmental review
couldn't be completed within 270 days. The average NEPA review for a
highway project lasts more than four years, according to the American Association of State Highway
and Transportation Officials.</p> 
  <p>The idea that environmental protections should be scrapped to stimulate the
economy isn't new. Republicans have long argued that NEPA does more to
stall the economy than protect the environment. Last month, California
Governor Arnold Schwarzenegger revived this line of thinking when he wrote to the Obama administration about
the stimulus package. <a href="http://la.streetsblog.org/2009/01/07/gov-writes-to-obama-stimulate-economy-by-suspending-nepa/">Schwarzenegger
argued then</a> that streamlining NEPA and shortening the timeline for other
environmental reviews was key to getting the economy moving again.</p> 
  <p>With so much emphasis placed on getting projects moving as
quickly as possible, Barrasso's proposal <a href="http://www.politico.com/news/stories/0209/18451.html">looked like it might pass</a>. But Boxer, with the aid of many groups fighting <a href="http://www.streetsblog.org/2009/02/03/it-gets-worse-boxerinhofe-to-request-50b-more-for-highways/">the highway-addled amendment</a> she pieced together with James Inhofe, argued that there were more than enough &quot;shovel-ready&quot;
projects on the table, clearing the way for the NEPA amendment.</p> 
  <p class="western" style="margin-bottom: 0.0001pt;"><strong>Purpose</strong>:
To ensure the expeditious completion of National Environmental Policy Act
reviews under applicable law.</p> 
  <p class="western" style="margin-bottom: 0.0001pt;">Insert at the
appropriate place:</p> 
  <p class="western" style="margin-bottom: 0.0001pt;"><strong>Findings</strong></p> 
  <p class="western" style="margin-bottom: 0.0001pt;">The National
Environmental Policy Act protects public health, safety and environmental
quality: by ensuring transparency, accountability and public involvement in
federal actions and in the use of public funds; </p> 
  <p class="western" style="margin-bottom: 0.0001pt;">When President
Nixon signed the National Environmental Policy Act into law on January 1, 1970,
he said that the Act provided the “direction” for the country to “regain a
productive harmony between man and nature”; </p> 
  <p class="western" style="margin-bottom: 0.0001pt;">The National
Environmental Policy Act helps to provide an orderly process for considering
federal actions and funding decisions and prevents ligation and delay that would
otherwise be inevitable and existed prior to the establishment of the National
Environmental Policy Act. </p> 
  <p class="western" style="margin-bottom: 0.0001pt;"><strong>Section 1</strong></p> 
  <p class="western" style="margin-bottom: 0.0001pt;">Adequate
resources within this bill must be devoted to ensuring that applicable
environmental reviews under the National Environmental Policy Act are completed
on an expeditious basis and that the shortest existing applicable process under
the National Environmental Policy Act shall be utilized.</p> 
  <p class="western" style="margin-bottom: 0.0001pt;">The President
shall report to the Senate Environment and Public Works Committee and the House
Natural Resources Committee every 90 days following the date of enactment,
until September 30, 2011, on the status and progress of projects and activities
funded by this Act with respect to compliance with National Environmental
Policy Act requirements and documentation. </p> 
  <p class="MsoNormal"><o:p> </o:p></p>]]></content:encoded>
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		<title>The Original Sin of Environmental Review</title>
		<link>http://www.streetsblog.org/2008/12/08/the-original-sin-of-environmental-review/</link>
		<comments>http://www.streetsblog.org/2008/12/08/the-original-sin-of-environmental-review/#comments</comments>
		<pubDate>Mon, 08 Dec 2008 15:54:18 +0000</pubDate>
		<dc:creator>Ben Fried</dc:creator>
				<category><![CDATA[Environmental Review]]></category>
		<category><![CDATA[Sprawl]]></category>

		<guid isPermaLink="false">http://www.streetsblog.org/?p=5059</guid>
		<description><![CDATA[ 
    No EIS necessary. Photo: tlindenbaum/FlickrIn the past few months we've reported on opponents of bike lanes, car-free parks, and congestion pricing using the pretext of environmental review to stymie initiatives that would reduce vehicle emissions. Norman Oder at the Atlantic Yards Report points us to another unintended consequence of the <a href=http://www.streetsblog.org/2008/12/08/the-original-sin-of-environmental-review/>[...]</a>]]></description>
			<content:encoded><![CDATA[<p> 
    <div class="figure alignright" style="width: 246px;"><img width="240" height="166" align="right" src="http://www.streetsblog.org/wp-content/uploads/2008/12_08/sprawl.jpg" alt="sprawl.jpg" class="image" /><span class="legend">No EIS necessary. Photo: <a href="http://www.flickr.com/photos/lindenbaum/397980559/">tlindenbaum/Flickr</a></span></div>In the past few months we've reported on opponents of <a href="http://www.streetsblog.org/2008/11/28/sf-responds-to-bike-injunction-with-1m-1353-page-enviro-review/">bike lanes</a>, <a href="http://www.streetsblog.org/2008/10/02/foes-of-car-free-trial-in-prospect-park-demand-environmental-review/">car-free parks</a>, and <a href="http://www.streetsblog.org/2008/04/02/brooklyn-assemblyman-protects-families-from-pricing/">congestion pricing</a> using the pretext of environmental review to stymie initiatives that would reduce vehicle emissions. Norman Oder at the <a href="http://atlanticyardsreport.blogspot.com/2008/11/how-unintended-consequences-of-eis.html">Atlantic Yards Report</a> points us to another unintended consequence of the National Environmental Protection Act, the 1970 legislation that established the EIS process.
  </p> 
  <p>AYR recounts a talk given by progressive developer Jonathan Rose, who says that NEPA -- favored by a real estate industry that did not want to subject itself to an alternative law based on land use planning -- was flawed from the start:<br /></p> 
  <blockquote> 
    <p>&quot;So the effect was that we turned our back on national planning, and we
turned our back on a national infrastructure policy,&quot; Rose said. &quot;And,
at the same time, here’s what happens: 1000 individuals choose to
subdivide a parcel in the suburbs, or the exurbs, and it falls under
the screen of an environmental impact statement, each one is one
individual act.&quot;</p> 
    <p>&quot;One person chooses to build a 1000-unit urban
project in a city and they get held up for five years in an
environmental impact statement,&quot; he concluded. &quot;And so the unintended
consequence of NEPA actually was one more of the many things that made
it easier for suburban sprawl to proceed from 1970 to 2000 instead of
urban redevelopment.&quot;</p> 
  </blockquote>]]></content:encoded>
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		<slash:comments>10</slash:comments>
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		<title>SF Responds to Bike Injunction With 1,353 Page Enviro Review</title>
		<link>http://www.streetsblog.org/2008/11/28/sf-responds-to-bike-injunction-with-1m-1353-page-enviro-review/</link>
		<comments>http://www.streetsblog.org/2008/11/28/sf-responds-to-bike-injunction-with-1m-1353-page-enviro-review/#comments</comments>
		<pubDate>Fri, 28 Nov 2008 16:23:01 +0000</pubDate>
		<dc:creator>Matthew Roth</dc:creator>
				<category><![CDATA[Bicycle Infrastructure]]></category>
		<category><![CDATA[Bicycle Parking]]></category>
		<category><![CDATA[Bicycle Safety]]></category>
		<category><![CDATA[Bicycling]]></category>
		<category><![CDATA[Environmental Review]]></category>
		<category><![CDATA[Gavin Newsom]]></category>
		<category><![CDATA[San Francisco]]></category>
		<category><![CDATA[Street Safety]]></category>

		<guid isPermaLink="false">http://www.streetsblog.org/?p=5025</guid>
		<description><![CDATA[Two-and-a-half years after a judge issued an injunction preventing the city from adding any new bicycle infrastructure to its streets, the San Francisco Municipal Transportation Agency (SFMTA) and the San Francisco Planning Department have released a 1353-page Draft Environmental Impact Report (DEIR) on the San Francisco Bicycle Plan. 

At a cost of more than $1 million, the city has attempted to demonstrate in excruciating detail what would seem to be obvious: better bicycle amenities contribute to increased cycling and an improved environment.]]></description>
			<content:encoded><![CDATA[<p align="center"><img width="560" height="401" src="http://www.streetsblog.org/wp-content/uploads/2008/11_24/Bike_Rider___Market_St.jpg" alt="Bike_Rider___Market_St.jpg" /><strong><br /><font size="1">San Francisco's Market Street.</font></strong><br /></p> 
  <p>Two-and-a-half years after a&nbsp;judge issued an injunction preventing the city from adding any new bicycle infrastructure to its streets, the San Francisco Municipal Transportation Agency (SFMTA) and the San Francisco Planning Department have&nbsp;released a <a href="http://sfgov.org/site/planning_index.asp?id=80504">1353-page Draft Environmental Impact Report (DEIR)</a>&nbsp;on the San Francisco Bicycle Plan.&nbsp;</p> 
  <p align="left">At a cost of more than $1 million,&nbsp;the city has attempted to demonstrate in excruciating detail what would seem to be obvious: better bicycle amenities contribute to increased cycling and an improved environment.<br /></p> 
  <p>Despite the significant time and&nbsp;money required to produce the tome,&nbsp;Mayor Gavin Newsom struck an optimistic note, citing the proposed addition of 34 miles of bicycle lanes to San Francisco streets — a 75 percent increase over the existing 45 miles of lanes.&nbsp; </p> 
  <p>“We’ve accomplished a great deal together, but much work remains to be done to improve the safety and convenience of bicycling,” said&nbsp;Newsom. “I will continue to push for a better bicycling environment as part of my deep commitment to improving the health of our environment, our residents and our city.”<br /><br />A public hearing on the DEIR has been scheduled for January 8. The deadline for comments is&nbsp;January 13.&nbsp; </p> 
  <p>While Rob Anderson, <a href="http://online.wsj.com/article/SB121919354756955249.html?mod=hps_us_inside_today">the plaintiff</a> in the&nbsp;lawsuit that sparked the injunction, will surely continue his befuddlingly successful crusade (a couple of choice jeremiads from his blog: <a href="http://district5diary.blogspot.com/2008_07_19_archive.html">cyclists as a special interest wielding inordinate political power</a>, and biking as a <a href="http://district5diary.blogspot.com/2006/09/bikes-in-sf-debate-goes-on.html">frivolous mode of transportation akin to skateboarding</a>), the city assumes the DEIR will be sufficient to lift the injunction.&nbsp; </p> <span id="more-5025"></span> 
  <p align="left">“The Planning Department is confident that the DEIR fully satisfies the issues cited in the superior court's injunction and will enable timely implementation of bicycle improvements that will enhance transportation alternatives in San Francisco,” said Planning Director John Rahaim. </p> 
  <p align="left">What this means practically is a different matter. According to Andy Thornley, program director of the San Francisco Bicycle Coalition (SFBC), even if the DEIR is certified by&nbsp;spring and the Bicycle Plan goes before the MTA board shortly thereafter, the 60 projects outlined&nbsp;for immediate implementation likely won't begin until the summer of 2009.&nbsp; </p> 
  <p align="left">“The Draft EIR is a very expensive bow-tie that we’re going to attach to the Bike Plan itself.&nbsp; While it is a big deal, it shouldn't be the only focus. The city needs to build out the Bike Plan as soon as possible.&quot;</p> 
  <p align="left"><span style="border-collapse: collapse;">The injunction held that the previous version of the Bicycle Plan had not received sufficient review under the California Environmental Quality Act (CEQA</span>). The Bicycle Plan DEIR identifies some potentially significant impacts as defined by CEQA affecting traffic congestion, transit operating delays, and loading activities for some project options, particularly along portions of Second Street, Fifth Street, Cesar Chavez Street, Portola Avenue and Masonic Avenue.</p> 
  <p align="left">Though the city <a href="http://www.sfbg.com/blogs/politics/2008/07/bicyclists_told_to_blame_ceqa.html">took considerable heat over the summer</a> for revealing at a Board of Supervisors hearing that it <a href="http://www.examiner.com/a-1498952%7ESlow_pace_irks_bike_plan_fans.html">had fallen behind its own schedule for releasing the DEIR</a>, the Planning Department delivered on its promise to release it by Thanksgiving. Both advocates and critics of the Bicycle Plan will have plenty to sift through over the long weekend (and likely through the new year). </p> 
  <p align="left">Given the&nbsp;timeline of up to five years for completion of the&nbsp;60 near-term projects in the Bicycle Plan, it is unclear whether Newsom,&nbsp;a likely candidate for governor in 2010, will realize significant bicycle improvements during his last term as mayor. </p> 
  <p align="left"><em>Photo: San Francisco Municipal Transportation Agency</em></p>]]></content:encoded>
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		<slash:comments>20</slash:comments>
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		<title>Jim Brennan: &#8220;Objective Assessment&#8221; Must Precede Prospect Park Trial</title>
		<link>http://www.streetsblog.org/2008/10/09/jim-brennan-objective-assessment-must-precede-prospect-park-trial/</link>
		<comments>http://www.streetsblog.org/2008/10/09/jim-brennan-objective-assessment-must-precede-prospect-park-trial/#comments</comments>
		<pubDate>Thu, 09 Oct 2008 17:27:31 +0000</pubDate>
		<dc:creator>Brad Aaron</dc:creator>
				<category><![CDATA[Car-Free Parks]]></category>
		<category><![CDATA[Community Boards]]></category>
		<category><![CDATA[Environmental Review]]></category>
		<category><![CDATA[Jim Brennan]]></category>
		<category><![CDATA[Prospect Park]]></category>

		<guid isPermaLink="false">http://www.streetsblog.org/?p=4725</guid>
		<description><![CDATA[Following up on other car-free parks news, last week Assembly Member Jim Brennan joined the chairs of Brooklyn Community Boards 7 and 14 in calling for an Environmental Impact Statement before any trial program to remove car traffic from Prospect Park. In this tipster-submitted constituent letter, Brennan rationalizes his position. 
  Nothing says &#34;fact-based <a href=http://www.streetsblog.org/2008/10/09/jim-brennan-objective-assessment-must-precede-prospect-park-trial/>[...]</a>]]></description>
			<content:encoded><![CDATA[<p><img width="134" height="200" align="right" src="http://www.streetsblog.org/wp-content/uploads/2008/10_06/044.jpg" alt="044.jpg" style="padding: 5px;" />Following up on other <a href="http://www.streetsblog.org/2008/10/09/streetfilms-moms-mobilize-for-a-car-free-central-park/">car-free parks news</a>, last week Assembly Member Jim Brennan joined the chairs of Brooklyn Community Boards 7 and 14 in <a href="http://www.streetsblog.org/2008/10/02/foes-of-car-free-trial-in-prospect-park-demand-environmental-review/">calling for an Environmental Impact Statement</a> before any trial program to remove car traffic from Prospect Park. In this tipster-submitted constituent letter, Brennan rationalizes his position.<br /></p> 
  <p>Nothing says &quot;fact-based public process&quot; like &quot;<a href="http://www.streetsblog.org/2008/10/07/cb12-transpo-committee-avoids-action-on-dyckman-everything-else/">community board consideration</a>.&quot;<br /></p> 
  <blockquote>Thanks for your note about Prospect Park. Last week I wrote the New York City Department of Transportation asking for a public process that would include the coummunity [sic] boards adjacent to Prospect Park in any decision involving eliminating cars from the Park. The boards include Community Board Six in Park Slope, Board 8 in Prospect Heights, Board Nine in Crown Heights, Board Seven in Windsor Terrace and Board 14 in Flatbush.<br /><br />I also expressed the view that an environmental impact statement might be required because of traffic congestion and pollution concerns. I believe that a decision about elminating [sic] cars from the Park should be based on an objective assessment of the facts.<br /></blockquote> <span id="more-4725"></span> 
  <blockquote>I have supported the previous change in vehicle use in the Park that have reduced vehicles to only two hours in the morning and evening rush hours. However, the New York City Deaprtment [sic] of Transportation also reduced Prospect Park Southwest from two lanes to one lane north- and southbound several years ago without consulting the Community Board.<br /><br />Absent an emergency, it should be a matter of policy for any significant change in the use of the City's streets and roads to allow for local community board consideration. Eliminating cars in the Park may be a good idea or a bad idea, but I want a fact-based public process to make such a decision.<br /><br />Once again, thank you for writing.<br /><br />Sincerely,<br /><br />Assemblymember Jim Brennan<br />416 7th Ave.<br />Brooklyn, NY 11215<br />718-788-7221<br /></blockquote> 
  <p> </p>]]></content:encoded>
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		<title>Budnick v. Anderson on &#8220;Talk of the Nation&#8221; This Afternoon</title>
		<link>http://www.streetsblog.org/2008/08/26/budnick-v-anderson-on-talk-of-the-nation-this-afternoon/</link>
		<comments>http://www.streetsblog.org/2008/08/26/budnick-v-anderson-on-talk-of-the-nation-this-afternoon/#comments</comments>
		<pubDate>Tue, 26 Aug 2008 16:07:17 +0000</pubDate>
		<dc:creator>Aaron Naparstek</dc:creator>
				<category><![CDATA[Bicycle Infrastructure]]></category>
		<category><![CDATA[Bicycling]]></category>
		<category><![CDATA[Environmental Review]]></category>
		<category><![CDATA[Noah Budnick]]></category>
		<category><![CDATA[San Francisco]]></category>

		<guid isPermaLink="false">http://www.streetsblog.org/?p=4461</guid>
		<description><![CDATA[Transportation Alternatives' Noah Budnick will be on NPR's &#34;Talk of the Nation&#34; this afternoon at 3 p.m. EST. He'll be debating Rob Anderson, the one-man wrecking crew who filed the 2006 environmental impact law suit that stopped San Francisco from building out its citywide bicycle network.  
  I don't think &#34;Talk of the <a href=http://www.streetsblog.org/2008/08/26/budnick-v-anderson-on-talk-of-the-nation-this-afternoon/>[...]</a>]]></description>
			<content:encoded><![CDATA[<p><img width="135" height="229" align="right" src="http://www.streetsblog.org/wp-content/uploads/2008/08_25/anderson.jpg" alt="anderson.jpg" style="padding: 5px;" />Transportation Alternatives' Noah Budnick will be on NPR's &quot;Talk of the Nation&quot; this afternoon at 3 p.m. EST. He'll be debating Rob Anderson, the one-man wrecking crew who filed the 2006 environmental impact law suit that stopped San Francisco from building out its citywide bicycle network. </p> 
  <p>I don't think &quot;Talk of the Nation&quot; is available on WNYC but you should be able to <a href="http://www.npr.org/templates/rundowns/rundown.php?prgId=5">tune in via the Internet</a>. They'll be taking callers as well. <br /></p> 
  <p>After the jump, you'll find last week's <a href="http://online.wsj.com/article/SB121919354756955249.html?mod=hpp_us_inside_today">Wall Street Journal article</a> on Anderson and his law suit. And here, to give you a sense of where Anderson is coming from, is a choice quote from <a href="http://district5diary.blogspot.com/2008_05_21_archive.html">his blog</a>:</p> 
  <blockquote> 
    <p>Riding a bike in SF -- or any American city -- will never really be &quot;a
safe, attractive option,&quot; regardless of the miles of bike lanes that
are eventually painted on city streets. Regardless of the obvious dangers, some people will
ride bikes in San Francisco for the same reason Islamic fanatics will
engage in suicide bombings -- because they are politically motivated to
do so.</p> 
  </blockquote> 
  <p>It's amazing that the court and 1970s-era environmental regulations have given this local gadfly such power and legitimacy, but there you have it. If you were going on national radio with Rob Anderson, what points would you try to hit?</p> <span id="more-4461"></span> <strong>San Francisco Ponders: Could Bike Lanes Cause Pollution?
 </strong><br />
By PHRED DVORAK
  
  
  
  
  
  
  <p class="times">SAN FRANCISCO -- New York is wooing cyclists with
chartreuse bike lanes. Chicago is spending nearly $1 million for
double-decker bicycle parking.</p> 
  <p class="times">San Francisco can't even install new bike racks.</p> Blame Rob Anderson. At a time when most other cities
are encouraging biking as green transport, the 65-year-old local gadfly
has stymied cycling-support efforts here by arguing that urban bicycle
boosting could actually be bad for the environment. That's put the
brakes on everything from new bike lanes to bike racks while the city
works on an environmental-impact report.

  
  
  
  
  
  
  
  
  <p class="times">Cyclists say the irony is killing them -- literally.
At least four bikers have died and hundreds more have been injured in
San Francisco since mid-2006, when Mr. Anderson helped convince a judge
to halt implementation of a massive pro-bike plan.(It's unclear whether
the plan's execution could have prevented the accidents.) In the past
year, bike advocates have demonstrated outside City Hall, pushed the
city to challenge the plan's freeze in court and proposed putting the
whole mess to local voters. Nothing worked.</p> 
  <p class="times">&quot;We're the ones keeping emissions from the air!&quot;
shouted Leah Shahum, executive director of the 10,000-strong San
Francisco Bicycle Coalition, at a July 21 protest.</p> 
  Mr. Anderson disagrees. Cars always will vastly
outnumber bikes, he reasons, so allotting more street space to cyclists
could cause more traffic jams, more idling and more pollution. Mr.
Anderson says the city has been blinded by political correctness. It's
an &quot;attempt by the anti-car fanatics to screw up our traffic on behalf
of the bicycle fantasy,&quot; he wrote in his blog this month. 
  
  
  
  
  
  
  
  
  <p class="times">Mr. Anderson's fight underscores the tensions that can
circulate as urban cycling, bolstered by environmental awareness and
high gasoline prices, takes off across the U.S. New York City, where
the number of commuter cyclists is estimated to have jumped 77% between
2000 and 2007, is adding new bike lanes despite some motorist backlash.
Chicago recently elected to kick cars off stretches of big roads on two
Sundays this year.</p> 
  <p class="times">Famously progressive, San Francisco is known for being
one of the most pro-bike cities in the U.S., offering more than 200
miles of lanes and requiring that big garages offer bike parking. It is
also known for characters like Mr. Anderson.</p> 
  <p class="times">A tall, serious man with a grizzled gray beard, Mr.
Anderson spent 13 months in a California federal prison for resisting
the draft during the Vietnam War. He later penned pieces for the
Anderson Valley Advertiser, a muckraking Northern California weekly
owned by his brother that's known for its savage prose and pranks.</p> 
  <p class="b13"><strong>Running for Office</strong></p> 
  <p class="times">In 1995, Mr. Anderson moved to San Francisco. Working
odd jobs, he twice ran for a seat on the city's Board of Supervisors,
pledging to tackle homelessness and the city's &quot;tacit PC ideology.&quot; He
got 332 of 34,955 votes in 2004, his second and best try.</p> 
  <p class="times">That year Mr. Anderson, who mostly lives off a small
government stipend he receives for caring for his 92-year-old mother,
also started a blog, digging into local politics with gusto. One of his
first targets: the city's most ambitious bike plan to date.</p> 
  <p class="times">Unveiled in 2004, the 527-page document was filled
with maps, traffic analyses and a list of roughly 240 locations where
the city hoped to make cycling easier. The plan called for more bike
lanes, better bike parking and a boost in cycling to 10% of the city's
total trips by 2010.</p> 
  <p class="times">The plan irked Mr. Anderson. Having not owned a car in
20 years, he says he has had several near misses with bikers roaring
through crosswalks and red lights, and sees bicycles as dangerous and
impractical for car-centric American cities. Mr. Anderson was also
bugged by what he describes as the holier-than-thou attitude typified
by Critical Mass, a monthly gathering of bikers who coast through the
city, snarling traffic for hours. &quot;The behavior of the bike people on
city streets is always annoying,&quot; he says. &quot;This 'Get out of my way,
I'm not burning fossil fuels.'&nbsp;&quot;</p> 
  <p class="b13"><strong>Going to Court</strong></p> 
  <p class="times">In February 2005, Mr. Anderson showed up at a planning
commission meeting. If San Francisco was going to take away parking
spaces and car lanes, he argued, it had better do an
environmental-impact review first. When the Board of Supervisors voted
to skip the review, Mr. Anderson sued in state court, enlisting his
friend Mary Miles, a former postal worker, cartoonist and Anderson
Valley Advertiser colleague.</p> 
  <p class="times">Ms. Miles, who was admitted to the California bar in
2004 at age 57, proved a pugnacious litigator. She sought to kill the
initial brief from San Francisco's lawyers after it exceeded the
accepted length by a page. She objected when the city attorney
described Mr. Anderson's advocacy group, the Coalition for Adequate
Review, as CAR in their documents. (It's C-FAR.) She also convinced the
court to review key planning documents over the city's objections.</p> 
  <p class="b13"><strong>Slow Pedaling</strong></p> 
  <p class="times">In November 2006, a California Superior Court judge
rejected San Francisco's contention that it didn't need an
environmental review and ordered San Francisco to stop all bike-plan
activity until it completed the review.</p> 
  <p class="times">Since then, San Francisco has pedaled very slowly.
City planners say they're being extra careful with their environmental
study, in hopes that Mr. Anderson and Ms. Miles won't challenge it.
Planners don't expect the study will be done for another year.</p> 
  <p class="times">Meanwhile, Mr. Anderson and Ms. Miles have teamed up
to oppose a plan to put high-rises and additional housing in a nearby
neighborhood. He continues to blog from his apartment in an old
Victorian home. &quot;Regardless of the obvious dangers, some people will
ride bikes in San Francisco for the same reason Islamic fanatics will
engage in suicide bombings -- because they are politically motivated to
do so,&quot; he wrote in a May 21 post.</p> 
  <p class="times">&quot;In case anyone doubted that you were a wingnut, this statement pretty much sums things up!&quot; one commenter retorted.</p> 
  <p class="times">Mr. Anderson is running for supervisor again this
November -- around the time the city will unveil the first draft of its
bike-plan environmental review. He's already pondering a challenge of
the review.</p> 
  <p><strong> </strong></p>]]></content:encoded>
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