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Oregon cities plan to sue state government over new environmental rules, parking reform

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Monday, October 3, 2022

At least nine Oregon cities say they plan to sue the state over a major climate-focused overhaul of local transportation and land use policies.

Nine cities are officially objecting to the major overhaul of transportation and land use rules.

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Silicon Valley's next big thing: A brand new city

A well-funded project to modify Solano County's master plan will soon begin gathering signatures to get on November's ballot.Why it matters: If successful, this will be a significant step towards the project's ultimate goal of building an entirely new city. California Forever's architects — and the Silicon Valley billionaires funding it — believe their plan will cure the Bay Area's land use woes.Catch up quick: California Forever is the brainchild of Czech-born former Goldman Sachs trader and entrepreneur Jan Sramek.He came up with the idea after a yearlong exploration of improving housing availability within the city promised not to be an effective solution, he tells Axios.He's since raised over $800 million from investors like Mike Moritz, Reid Hoffman, Marc Andreessen, John and Patrick Collison, Laurene Powell Jobs, Chris Dixon, John Doerr, Nat Friedman, Daniel Gross, and Andreessen Horowitz.The company also quietly amassed more than 50,000 acres of land it bought from residents, suing some of them for price collusion.The big picture: The project's pitch is that the new city will alleviate some of the Bay Area's housing problems and fill out the region connecting it to Sacramento.Recently unveiled plans heavily borrow from New Urbanism, emphasizing walkable neighborhoods and a mix of housing (both for sale and rent) at varying prices.Zooming in: Part of the plan is to bring in at least 15,000 jobs.To achieve that, California Forever is in talks to get companies to open satellite offices there, says Sramek. He's reaching out to well-known tech employers and companies in industries like defense, aerospace, advanced manufacturing, and biotech that need space for facilities."It's not an expansion for the daily commute — it's an expansion where you might go once a week to see your team or something like that," he says.Yes, but: Sramek admits that better train connectivity to the rest of the region will be a separate challenge that is much more out of its control."I think there should be a high-speed train between San Francisco and Sacramento.... If we were in Europe, you could be there in 45 minutes," he says.While he says California Forever would nevertheless reduce vehicle miles traveled, it's hard not to have environmental concerns about a whole new city of people driving cars to San Francisco and back.Between the lines: California Forever is a "risky real estate project" and, as such, its backers expect high returns, says Sramek.But while the endeavor is much riskier in the beginning given the high level of uncertainty, it's expected to become more akin to a traditional real estate investment over the long term, according to a source familiar with the project.And if this doesn't work? The group could develop the land piecemeal, says Sramek.But, he cautions, it wouldn't be able to convince employers to set up shop there, nor be able to make the various community guarantees it included in its proposal.The bottom line: Some Silicon Valley investors may have entirely written off the Bay Area, but others are doubling down and trying to reshape it via one of their most ambitious bets.

A well-funded project to modify Solano County's master plan will soon begin gathering signatures to get on November's ballot.Why it matters: If successful, this will be a significant step towards the project's ultimate goal of building an entirely new city. California Forever's architects — and the Silicon Valley billionaires funding it — believe their plan will cure the Bay Area's land use woes.Catch up quick: California Forever is the brainchild of Czech-born former Goldman Sachs trader and entrepreneur Jan Sramek.He came up with the idea after a yearlong exploration of improving housing availability within the city promised not to be an effective solution, he tells Axios.He's since raised over $800 million from investors like Mike Moritz, Reid Hoffman, Marc Andreessen, John and Patrick Collison, Laurene Powell Jobs, Chris Dixon, John Doerr, Nat Friedman, Daniel Gross, and Andreessen Horowitz.The company also quietly amassed more than 50,000 acres of land it bought from residents, suing some of them for price collusion.The big picture: The project's pitch is that the new city will alleviate some of the Bay Area's housing problems and fill out the region connecting it to Sacramento.Recently unveiled plans heavily borrow from New Urbanism, emphasizing walkable neighborhoods and a mix of housing (both for sale and rent) at varying prices.Zooming in: Part of the plan is to bring in at least 15,000 jobs.To achieve that, California Forever is in talks to get companies to open satellite offices there, says Sramek. He's reaching out to well-known tech employers and companies in industries like defense, aerospace, advanced manufacturing, and biotech that need space for facilities."It's not an expansion for the daily commute — it's an expansion where you might go once a week to see your team or something like that," he says.Yes, but: Sramek admits that better train connectivity to the rest of the region will be a separate challenge that is much more out of its control."I think there should be a high-speed train between San Francisco and Sacramento.... If we were in Europe, you could be there in 45 minutes," he says.While he says California Forever would nevertheless reduce vehicle miles traveled, it's hard not to have environmental concerns about a whole new city of people driving cars to San Francisco and back.Between the lines: California Forever is a "risky real estate project" and, as such, its backers expect high returns, says Sramek.But while the endeavor is much riskier in the beginning given the high level of uncertainty, it's expected to become more akin to a traditional real estate investment over the long term, according to a source familiar with the project.And if this doesn't work? The group could develop the land piecemeal, says Sramek.But, he cautions, it wouldn't be able to convince employers to set up shop there, nor be able to make the various community guarantees it included in its proposal.The bottom line: Some Silicon Valley investors may have entirely written off the Bay Area, but others are doubling down and trying to reshape it via one of their most ambitious bets.

Mets' owner and gaming giant race to clear Albany hurdle in pursuit of casino plans

Billionaire Steve Cohen and gaming giant Bally’s need green light from city and state officials in order to move forward with plans.

NEW YORK — A hedge fund billionaire and a gaming giant hoping to land a coveted license to run a casino in New York City have to clear a major hurdle in Albany this year — or risk tougher odds in the crowded competition. And a few weeks into a new legislative session in Albany, politicians who will help decide the fate of the proposals are already expressing doubts. The race for three New York City-area casino licenses has drawn 11 proposals from gambling companies and real estate developers, who are sparing little expense for a slice of the lucrative untapped market. They will soon begin a lengthy state process that requires winning over local politicians and state gaming regulators. But two of the proposals — one from billionaire New York Mets owner Steve Cohen, and another from the gaming firm Bally’s — need an added layer of approval from the City Council and state Legislature, due to an obscure process governing the land where both bidders are looking to build. Cohen recently unveiled plans for an $8 billion casino complex on the parking lot adjacent to Citi Field in Queens, while Bally’s is looking to build a casino at the Bronx golf course it took over from the Trump Organization in September. Because both sites are public parkland, state and city officials need to approve the change of use. The additional step will mean winning local political support under a tight timeline, with key lawmakers expressing reservations and potential delays hindering their path to a license. “I want my community to feel that I have really thought this through. The thing is, I’m not done thinking,” said state Sen. Jessica Ramos, whose district includes Citi Field. “Land is finite, and land is a very valuable resource in New York. These decisions should not be taken lightly.” Her Assembly counterpart, Jeffrion Aubry, is supportive of the casino plan and introduced legislation sought by Cohen last March to allow new uses on the parkland. Ramos declined to introduce a corresponding bill last session, opting instead to seek more input from constituents. Now Cohen and Bally’s risk legislators leaving Albany in June without resolving the parkland issue, leaving them at a disadvantage as the licensing process gets underway. Bidders are expected to submit formal applications in the coming months, which will then be reviewed by advisory committees appointed by the governor, mayor and local politicians. The final decision by a state-controlled selection board is anticipated in 2025 at the earliest. “It’s a tighter timeline than most people appreciate,” said one person close to the casino bidding process. “If you don’t get it done by early June, then you’re talking about waiting until [next] January, which is conceivably well after the [community advisory committees] have been empaneled and have met. That becomes not a death knell but certainly a body blow.” Ramos disputed the urgency, calling it a “billionaire-made deadline,” and remains decidedly skeptical of Cohen. “With all of the bids that there are, I think there are questions given Steve Cohen’s record whether he would be considered a winner in this scenario,” she said in an interview. “I just don’t think money is everything, and I don’t think everything’s up for sale.” The parkland issue would require a Council “home rule” resolution requesting the necessary state legislation. Since the Council typically defers to individual members on land use concerns in their districts, Cohen’s request would effectively be in the hands of Francisco Moya, who has not taken a public position on the issue and did not return multiple requests for comment. “We continue to have positive conversations with the community and all of the stakeholders about our plan to invest $8 billion into Queens, create 15,000 permanent union jobs and create 20 plus acres of new open park space,” said John Collins, a spokesperson for Metropolitan Park, the name of the proposed sports and entertainment complex that would include the casino. Cohen is partnering with Hard Rock International on the bid. The Council’s role could pose a particular problem for Bally’s. While the two state legislators who represent the area around the east Bronx site — Sen. Nathalia Fernandez and Assemblymember Michael Benedetto — have been generally warm to the prospect of a casino in the area, a new Council member, Kristy Marmorato, has raised strong objections. And Benedetto is not yet committing to introducing the parkland legislation. “It is going to be an environmental disaster,” Marmorato said during a debate last fall with former Council Member Marjorie Velázquez, who was amenable to the plans. “If you’re going to create a venue that’s going to bring in hundreds of thousands of people, how many more cars are going to come to our area? There is no parking, highways are not set up, and we have the highest rates of asthma in our borough.” “You’re also talking about taking away parkland. We don’t deserve that,” Marmorato continued. “They need to redevelop the area and make a beautiful boardwalk with some restaurants, something that families can use, not gamblers. … It’s just not what the Bronx needs.” Benedetto praised Bally’s for being a “pretty good neighbor.” The firm recently held an event attended by local politicians, including Marmorato, to announce the official removal of the Trump name from the golf course, now called Bally Links. “I want to see what the community is thinking as far as the casino goes, and get their feeling of what it’s going to mean to the area, what it’s going to mean to traffic in the area, before I make a commitment either way,” he said. Christopher Jewett, senior vice president of corporate development at Bally's, said the firm has been “very focused and engaged in dozens of constructive conversations with community and elected leaders in the Bronx over the last few months.” “We have learned a great deal from those meetings and we will continue to collaborate with all impacted stakeholders in the Bronx to ensure any future project maximizes the community’s core priorities of open green space, job creation, local community hiring and quality union jobs,” he said in a statement.

Federal Judge Tosses Lawsuit Alleging Environmental Racism in St. James Parish

A federal judge has thrown out a lawsuit that accuses a south Louisiana parish of using land use policies to guide industries that pollute into communities with majority-Black populations

NEW ORLEANS (AP) — A federal judge has thrown out a lawsuit that accused a south Louisiana parish of using land use policies to guide industries that pollute into communities with majority-Black populations. U.S. District Judge Carl Barbier of the Eastern District of Louisiana tossed the lawsuit on procedural grounds, saying that it was filed by community groups several years too late, The Times-Picayune/The New Orleans Advocate reported.“Although plaintiffs’ claims are procedurally deficient, this court cannot say that their claims lack a basis in fact or rely on a meritless legal theory,” Barbier wrote in his Nov. 16 decision.In March, Rise St. James, Inclusive Louisiana and Mt. Triumph Baptist Church of Chatman Town filed the lawsuit calling for the state’s first ban on new petrochemical plants to halt a decadeslong trend in St. James of concentrating petrochemical plants in areas with large minority populations “while explicitly sparing White residents from the risk of environmental harm.”The groups will likely appeal Barbier’s decision, said attorney Bill Quigley, who helped the Tulane Environmental Law Clinic and the Center for Constitutional Rights in representing the groups.“We felt that the judge really respected the concerns of our clients,” Quigley said Thursday. “He never said what folks are saying isn’t true, and the decision makes that clear. It’s essentially saying we were too late.”The groups’ claims were based on the parish’s adoption in 2014 of a land-use plan that allowed plants to be built in some predominantly Black areas of St. James, resulting in reduced property values and increased health risks. While those claims may have merit, Louisiana’s one-year statute of limitations would have required the groups to file their legal challenge in 2015, Barbier wrote. Rise and other groups have repeatedly asked for a halt to new plants in their communities, which include small towns and rural areas along the Mississippi River. But the only significant action parish officials have taken to limit the siting of industries has been against solar farms that were proposed in majority-White areas.Last year, the parish banned large solar complexes after a proposed 3,900-acre project upset those living in the mostly White neighborhoods of Vacherie. Residents cited concerns over lower property values and the potential for flying debris during storms. Similar concerns were ignored when raised by Black residents about petrochemical plants, according to the lawsuit.Parish officials did not respond to requests for comment.Activists have had some success stemming the tide of plants in St. James. Rise and other groups helped block the development of the $1.9 billion Wanhua plastics complex and put a temporary halt on the $9.4 billion Formosa plastics complex planned near the Sunshine Bridge.Copyright 2023 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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