Koontz Decision: No Big Deal or Blow to Sustainable Development?

In a forceful op-ed, professor John D. Echeverria argues the Supreme Court's recent "blockbuster" land use decision will "result in long-lasting harm to America’s communities." Not so fast, says Rick Hills, the decision offers an "exit strategy".

2 minute read

June 30, 2013, 5:00 AM PDT

By Jonathan Nettler @nettsj


Supreme Court Statue

Mark Fischer / flickr

For two contrasting takes on the U.S. Supreme Court's recent decision in Koontz v. St. Johns River Water Management District, see Vermont Law School professor John D. Echeverria's blistering op-ed in The New York Times and NYU law professor Rick Hills' more measured interpretation in PrawfsBlawg.

Echeverria argues that the ruling "makes it hard for communities to get property owners to pay to mitigate any environmental damage they may cause." 

"Cities and towns across America routinely attach fees and other payment obligations to permits, for example, to support wetlands mitigation banks, to finance roads, to pay for new schools or to build affordable housing," he explains. "While, to be sure, such mandates must be reasonable under the Constitution, the revolutionary and destructive step taken by the court in Koontz is to cast the burden on the government to justify the mandates according to the heightened Nollan-Dolan standard. This is contrary to the traditional court approach of according deference to elected officials and technical experts on issues of regulatory policy. Moreover, this heightened standard will result in a huge number of costly legal challenges to local regulations."

Hills, on the other hand, says the ruling shows a court unwilling, or unable, to "duplicate the work of state courts in policing conditions on literally hundreds of thousands of land-use permits..." 

"Thankfully," he continues, "Koontz carefully preserves a convenient albeit disingenuous 'remedial' exit strategy that should insure that the decision is a dead letter."

Thursday, June 27, 2013 in The New York Times

portrait of professional woman

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

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

Mary G., Urban Planner

Cover CM Credits, Earn Certificates, Push Your Career Forward

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

Planetizen Federal Action Tracker

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

June 25, 2025 - Diana Ionescu

Map of Western U.S. indicating public lands that would be for sale under a Senate plan in yellow and green.

Map: Where Senate Republicans Want to Sell Your Public Lands

For public land advocates, the Senate Republicans’ proposal to sell millions of acres of public land in the West is “the biggest fight of their careers.”

June 19, 2025 - Outdoor Life

Person wearing mask walking through temporary outdoor dining setup lined with bistro lights at dusk in New York City.

Restaurant Patios Were a Pandemic Win — Why Were They so Hard to Keep?

Social distancing requirements and changes in travel patterns prompted cities to pilot new uses for street and sidewalk space. Then it got complicated.

June 19, 2025 - Diana Ionescu

Green public transit bus at stop in Silver Spring, Maryland.

DC Area County Eliminates Bus Fares

Montgomery County joins a growing trend of making transit free.

30 minutes ago - The Washington Post

Close-up of full beer glass with purple train-themed design sitting on bar between two frosty tall cans.

Platform Pilsner: Vancouver Transit Agency Releases... a Beer?

TransLink will receive a portion of every sale of the four-pack.

June 30 - Cities Today

Vintage red Toronto streetcar passing in front of Rogers Arena in Toronto, Canada.

Toronto Weighs Cheaper Transit, Parking Hikes for Major Events

Special event rates would take effect during large festivals, sports games and concerts to ‘discourage driving, manage congestion and free up space for transit.”

June 30 - blogTO

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.