Sustainability: There's a New Buzz in Town

BY NORMAN A. DUPONT

Malcolm Gladwell in his book, The Tipping Point, vividly described how a concept moves from a mere small idea to the next big thing. Recent literature suggests that the term "sustainability" has reached its tipping point, and is now the next and most fashionable concept for cities and counties to consider. What does it mean, and how can cities address this new concept of "sustainability?"

THE CONCEPT OF "SUSTAINABLE" DEVELOPMENT

Sustainability, like an amoeba, is an amorphous term that quickly adjusts to the particular factual circumstances in which it is applied. Thomas Friedman suggests the global need for a "whole new system" for avoiding "dirty fuels;" his system involves both encouraging new clean energy systems, energy efficiency, and what he terms "an ethic of conservation." T. FRIEDMAN, Hot, Flat and Crowded, 181-197 (2008 Ed.). Professor John Dernbach quotes the U.N. Commission on Environment and Development's definition of: "Development that meets the needs of the present without compromising the ability of future generations to meet their own needs." J. DERNBACH, Agenda for a Sustainable America, 7 (ELI Press 2009). In the West, Marc Reisner described the overuse of the Colorado River as a metaphor of sustainability: "[T]he history of the Colorado River contains a metaphor for our time. … amid the salt-encrusted sands of the river's dried-up delta, we began to founder on the Era of Limits." M. REISNER, Cadillac Desert: The American West and its Disappearing Water, 121 (Res. Ed. 1993).

Whether one starts with a global perspective, a purely American perspective, or even a perspective limited to the American West (or California in particular), it is clearly fashionable to suggest an "Era of Limits" that requires that we treat natural resources (water, power sources, and the like) with an entirely new ethic of care and conservation. In short, the new buzzword, "sustainability," suggests that cities and their residents implement a development model based not just upon current resources at hand, but with a goal of preserving those resources for future generations.

IMPLEMENTING SUSTAINABLE DEVELOPMENT

Many cities and counties have already developed a plethora of programs to implement sustainable development. The City of Los Angeles (and many others) implemented a "green building" ordinance that rewards those developers who adopt strict standards (the "Leadership in Energy & Environmental Design" or "LEED" program) for new projects greater than 50,000 gross square feet or major renovations of older projects of similar size. In Los Angeles, projects that achieve a "LEED-silver" or higher level of sustainability merit expedited processing in its building review department. (City of Los Angeles, Ordinance No. 179820). Not to be outdone, the City of San Francisco has a similar "green building" ordinance that applies to structures that are 25,000 gross square feet or larger.

The California municipal push for "sustainable" growth goes far beyond just a few major urban coastal cities. In the City of Palm Desert, whose closest water body, the Salton Sea, is the accidental excess of the unruly Colorado River, a new drive toward energy efficient air conditioners, solar panels, and other devices has proved to be an extremely popular program among its largely conservative constituency. The City is one of the first to implement provisions of Assembly Bill 811 (Levine), passed just last year as urgency legislation. This statute allows cities to implement special "assessment zones" to assist in financing new energy-efficient projects for residents. Similarly, the City of Riverside, located in the heart of the "Inland Empire," adopted its "Green Action Plan," which states that the City plans to become a "clean, green and sustainable community."

In addition, some cities and counties are working to achieve a regional sustainable energy system. Marin County, together with its constituent cities, established a Joint Powers Authority designed to allow County residents to purchase more efficient, lower-carbon sources of energy. (Marin County Ordinance No. 3505, November 2008). This project builds upon a state statute, Assembly Bill 117 (Migden), which allows communities to select their own electrical preferences in "community choice aggregation" programs.

California cities and community organizations have also sought new ways to continue development by innovative new uses of a scarce resource—water. The City of Clovis commenced construction on a water reuse facility that will treat "used" water and make it fit for a variety of non-potable applications. In the San Gabriel Valley, an adjudicatory "watermaster" body, the Main San Gabriel Basin Watermaster, worked with a coalition of public and private water districts and private industry to fashion a $300 million-plus cleanup of local groundwater contaminated by decades of industrial processes. The groundwater is treated to a degree that it can be used as a potable water source, avoiding reliance upon the already over-stressed Colorado River or the increasingly limited Northern California water sources.

CONCLUSION

California and its cities and counties have been among the most innovative entities in the world, creating a vast economy of agriculture in parched lands and an entire industry devoted to imagination and animation. "Sustainability" may be a new buzzword, but there is little doubt that cities and counties in this State are more than capable to catching on and leading the trend.

FOR ADVICE FROM RW&G CONCERNING SUSTAINABILITY, PLEASE CONTACT NORMAN A. DUPONT OR ANY OF THE LAWYERS IN THE FIRM'S ENVIRONMENTAL DEPARTMENT.

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