Smart Growth Minneapolis
Audubon Chapter of Minneapolis
Minnesota Citizens for the Protection of Migratory Birds
News Release
For immediate release June 16, 2022
Contact:
Rebecca Arons
rebecca@rdaproductions.com
612-670-5460
Minneapolis Environmentalists Win Major Victory
Judge halts Minneapolis 2040 Plan until City complies with environmental law
Minneapolis, MN / On Wednesday, Minneapolis environmentalists won a major victory in Hennepin County District Court with their 2018 lawsuit to stop the City of Minneapolis from implementing its 2040 Plan until it complies with the Minnesota Environmental Rights Act (MERA).
Smart Growth Minneapolis (SMG) and its co-plaintiffs, the Audubon Chapter of Minneapolis and Minnesota Citizens for the Protection of Migratory Birds, argued that the City violated the law by not identifying the environmental effects of the plan, which upzoned virtually the entire city.
The decision means the City must immediately stop any actions or plans, including implementing zoning changes, that were authorized under the plan, and revert to previous zoning requirements.
“This decision is a pivotal win for the residents of Minneapolis and the environment,” says SMG Executive Director Rebecca Arons. “The law requires the City to show that its actions are causing the least environmental harm feasible while trying to achieve its goals, including greater density. This court victory will prevent mistakes from being made by environmentally blind implementation of the plan. It will provide an opportunity for city leaders to make two important values of our city — environmental sustainability and equity — work together and better achieve the goals of the 2040 Plan. Finally, it will give the City the chance to better address issues of environmental injustice, gentrification and housing displacement.”
“The Audubon Chapter of Minneapolis is committed to environmental quality as part of a vibrant community,” said Audubon’s representative, David Hartwell. “We think the 2040 plan goes too far and ignores the cumulative effects of the proposed city-wide build-out. The City’s future growth needs to take into consideration the livability of the community that includes clean air, water and adequate green space for all its residents.”
In his opinion, Judge Joseph R. Klein acknowledged that the decision may create “no small amount of short-term chaos.”
“Responsibility for any chaos falls entirely at the feet of the City, which made a costly and entirely avoidable mistake,” says Arons. The City was so dismissive of the environmental concerns of its citizens that its attorneys literally didn’t respond to them in court. Their sole argument, which they lost in the Supreme Court, was that we didn’t have standing. Then they neglected to plan for what they’d do if they lost. Responsible citizens need to ask, ‘What were they thinking?’ As a result builders and developers are now in limbo, and taxpayers will likely be forced to pay for needless lawsuits.”
Ironically, in a media interview with journalist Matt Levin in December, 2018, City Council President Lisa Bender said she was glad Minneapolis doesn’t have environmental laws like the ones in California, “because we probably would have been enjoined from voting on our plan.”
“We hope the city will not appeal, and will choose to do what is legal and environmentally right,” says Arons. “If the city decides instead to appeal, it will spend months, perhaps a year or more, in court. For all that time, the injunction will be in effect, paralyzing city development, and prohibiting investment at a precisely the time when the city needs development so urgently. That’s what would happen if the City wins the appeal. But if they lose, the chaos will last even longer.”
The court ruling is available at:
For questions about the lawsuit, contact:
Rebecca Arons, Smart Growth Minneapolis
Smartgrowthminneapolis.org
612-670-5460
For questions about environmental concerns:
David Hartwell, Audubon Chapter Minneapolis
(763) 201-6556
For questions about the lawsuit and environmental justice:
Nekima Levy Pounds
(612) 598-0559