When Environmental Goals Collide

Using the movie titled "When Worlds Collide" as a metaphor, environmental attorney Richard Opper describes how environmental regulations can get in their own way to defeat density and infill development—and NIMBYs are not just residents.

2 minute read

April 25, 2017, 10:00 AM PDT

By wadams92101


In San Diego, a legacy (grandfathered) industrial use fought against a downtown residential project because of fear that the new residents would use air quality regulations to limit the operations of their plant. No one contended that there was a real air quality issue. Rather, the plant owner was concerned that the future residents would use the regulations to harass them. This worry was enough to generate the plant owner's opposition. Ironically, this was the stereotypical case of NIMBY residents taken one level deeper. A NIMBY business motivated by fear of future NIMBY residents. The project was "saved" by substituting a hotel for the residential project. However, the goals of a better environment and better air quality through density and transit friendly development were defeated. Richard Opper, a San Diego environmental attorney specializing in brownfield development, writes about how environmental regulations are often used to defeat their own overriding objectives:

One policy of our Californian laws is designed to encourage infill – perhaps best exemplified by Government Code, section 65041.1 (…”to protect environmental…resources…and promote…efficient development….”) but that policy sometimes runs headlong into another set of our laws – those that regulate air quality.  We want people to build near mass transit stations, we even have a name for it – Transit Oriented Development – but in doing so we create potential for conflict between the new residents and the transit (or other urban activity) they came to be near.  Our laws on air regulation include a broad and powerful section – not unlike the California Civil Code – regulating “nuisance.”  Our Health & Safety Code, section 41700, relates a wide swath of circumstances that can lead to action by our regional air resources boards.  “Annoyance” by a number of people gets it going.

For more details, and Richard Opper's acerbic wit, please see source article. 

Thursday, April 20, 2017 in UrbDeZine

Young Professional

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 and Environmental 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 and Environmental Planner

Get top-rated, practical training for planners

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

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

September 16, 2026 - Zachary Whalen

Passengers board an Amtrak train under a cloudy sky.

Amtrak, CN end decades-long dispute with eight-year agreement

The new operating agreement establishes an updated framework for the companies to work together, including processes to resolve disputes.

September 18, 2026 - Mass Transit

The Gross Reservoir, a large body of water surrounded by trees and mountains.

Judges permit Denver to divert 77,000 acre feet from the Colorado River for reservoir expansion

Overuse and climate change have caused the Colorado River’s water levels to plummet.

September 18, 2026 - Inside Climate News

A painted bus lane in NYC.

NYC DOT wants faster, more permanent street upgrades

The city is examining ways to build more concrete infrastructure without getting entangled in 'decades-long' projects.

September 21 - NYC Streetsblog

A woman looks at a utility bill.

'Something we’ve never seen before:' rising utility rates could strain city finances nationwide

Data centers, climate change and other factors have caused utility rates in the United States to increase by 38% since 2020.

September 21 - Smart Cities Dive

A person scuba diving in a coral reef off Guam.

Trump to overrule local leaders, lease millions of acres of America’s Pacific Island territories’ seafloors to mining companies

International law says that the Indigenous people of America’s territories have a right to prior and informed consent regarding projects that impact their countries.

September 21 - Grist