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Sustainable Development Law & Policy Volume 11 Issue 1 Fall 2010: in the Article 5 Urban Environment

Enhancing Urban to Fight Change and Save Elise Stull

Xiaopu

Durwood Zaelke

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Recommended Citation Elise Stull, Xiaopu Sun, and Durwood Zaelke (2011) "Enhancing Urban Albedo to Fight and Save Energy," Sustainable Development Law & Policy: Vol. 11: Iss. 1, Article 5. Available at: http://digitalcommons.wcl.american.edu/sdlp/vol11/iss1/5

This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Sustainable Development Law & Policy by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Enhancing Urban Albedo to Fight Climate Change and Save Energy by Elise Stull, Xiaopu Sun, and Durwood Zaelke*

Introduction aggressive CO2 mitigation, climate policy must include mitiga- tion of the 50% of from non-CO and ncreasing worldwide surface albedo, or reflectivity, starting 2 in urban areas, can help fight climate change by offsetting , as well as carbon negative strategies to draw down excess CO already in the , starting with bio-seques- radiative forcing1 from (“CO ”) and other 2 I 2 tration through .8 The main non-CO forcers are black climate forcing gases and aerosols. This can delay impacts of 2 dangerous anthropogenic interference with the carbon, , , and tropospheric (ground level) . These gases and aerosols have atmospheric life- and complement strategies to make long-term reductions in CO2 emissions. Installation of high-albedo “cool roofs” across urban times of days to a decade and a half, so reducing them can pro- duce a fast response in the climate system. Like these other fast areas could also reduce future CO2 emissions from fossil derived electricity used for air conditioning. Several U.S. states action strategies, increasing worldwide urban could help have policies supporting cool roof installation to reduce energy delay warming and associated impacts. usage, improve air quality, and alleviate the Albedo Enhancement Can Offset effect. The U.S. Department of Energy has announced a series of Radiative Forcing From CO2 initiatives to improve and broaden implementation of cool roof Albedo refers to the percentage of solar reflected technologies. Such policies are supported by a number of scien- by a surface or an object measured on a scale from zero to one, tific studies that demonstrate the benefits of albedo enhancement with one being the most reflective.9 Surfaces with high albedos, both to cities and to the global climate. such as -covered land, reflect high percentages of shortwave Climate Tipping Points and Dangerous solar radiation preventing conversion to longwave radia- Anthropogenic Interference tion that heats both the surface and the atmosphere. Surfaces with The goal of climate change policy is to avoid “dangerous low albedos include the and land with vegetative cover, so anthropogenic interference with the climate system,” according to and changes since pre-industrial times have the Framework Convention on Climate Change increased albedo and actually produced a negative radiative forc- −2 −2 10 (“UNFCCC”).2 As Parties to the UNFCCC continue negotiating ing of −0.2W m , with uncertainty of ± 0.2W m . This albedo the elements of a fair and effective treaty, emissions of green- enhancement is providing a small offset, compared to the 1.6 W m−2 forcing from CO 11 and the comparable forcing from non- house gases and aerosols continue to increase. The observed 2 CO warming agents. Recent studies demonstrate that enhancing global , which is estimated to have risen about 0.76°C 2 since pre-industrial times, also increases. Temperature thresh- urban albedo can produce additional negative radiative forcing 12 olds for tipping points, such as the collapse of the Ice without the downside of environmental damage. Sheet and the dieback of the Amazon , could be passed A recent study by researchers at the Lawrence Berkeley with an increase of 1-4ºC over pre-industrial levels. According National Laboratory (“LBNL”) concludes that increases in to one study, the “committed” level of warming from emissions through 2005 is 2.4°C (1.4–4.3°C). This 2.4°C is comprised of * Elise Stull is a former Law Fellow and now consultant at the Institute for the observed warming plus an additional 1.6°C that is temporarily Governance & Sustainable Development (“IGSD”). Her research concentrates lagged in the and masked by cooling aerosols that on climate tipping points, in particular those that would impact islands, such as and , and on fast-action climate mitigation 3 are now being reduced for public health reasons. This 2.4°C and strategies. She has supported island States at multiple United Nations climate associated climate change impacts put the climate system within conferences. the zone of “dangerous anthropogenic interference” already.4 Xiaopu Sun is a Visiting Law Fellow at IGSD focusing on fast-action mitiga- International climate policy has focused primarily on long- tion strategies with both global and Asia perspectives and has participated in a successful pilot project to reduce Perfluorocarbon (“PFC”) emissions from alu- term reductions of CO2, the principle gas respon- minum refining in China. She holds an LL.M. from Harvard, and an LL.B. and 5 sible for 50% of radiative forcing since 1750. However, due an LL.M. with a concentration in Environmental Law from Peking University. to the profoundly long atmospheric life of CO2—centuries to Durwood Zaelke is President and founder of IGSD, Director of the International millennia6—and the expected contribution from committed Network for Environmental Compliance & Enforcement, Co-Director and co- warming, “climate change that takes place due to increases in founder of the Program on Governance for Sustainable Development at the Bren School of & Management, University of California, carbon dioxide concentrations is largely irreversible for 1,000 Santa Barbara, and founder of the International & Comparative Environmental after emissions stop.”7 To delay warming while pursuing Law Program at American University Washington College of Law.

5 Sustainable Development Law & Policy urban surface albedos in temperate and tropical regions by 0.1 agencies to undertake similar projects.28 To help facilitate such could produce a one-time offset for emitted CO2 of approxi- projects, the DOE published the manual Guidelines for Select- 13 mately 57 gigatons (“Gt”) CO2. For comparison, it is estimated ing Cool Roofs, which contains technical information for both 29 that energy-related CO2 emissions were ~28.8 Gt in 2007 and agencies and commercial builders. total emissions were ~42.4 Gt CO2-equivalent in In 2005, California introduced cool roofs as an option for satis- 2005.14 The LBNL researchers use a detailed land surface model fying the state’s strict efficiency requirements, and, in January 2010, developed by NASA to perform simulations of boreal summers cool roofs became mandatory for certain structures.30 Other states (June to August) over a twelve- period. Based on simula- and cities have enacted similar regulations, including requiring cool tion-generated data, they calculate that the potential offsets from roofs under some circumstances.31 The federal government now increasing roof albedos by 0.25 and pavement albedos by 0.15 intends to play a leading role, installing cool roofs on DOE buildings 32 would be ~31 Gt CO2 from roofs and ~26 Gt CO2 from pave- across the country, including its headquarters in Washington, DC. 15 ments for a total of 57 Gt CO2. The LBNL study is a follow up to a paper published in 2009 Geoengineering with Large-Scale by the same research team using many of the same variables,16 Albedo Enhancement the results of which were questioned by a review that concluded The offset potential of surface albedo enhancement has offset potential had been overestimated.17 However, at least part inspired proposals for more expansive implementation through of the criticism of the 2009 paper—centering on the estimate geoengineering, which is defined as efforts to counteract the of the percentage of global land area occupied by urban sur- by directly managing ’s energy budget.33 faces18—was addressed by the 2010 study, which uses satellite Geoengineering typically entails large-scale manipulation of the data rather than global estimates.19 environment; therefore, urban albedo enhancement and other strategies that effect relatively small changes in radiative forcing Albedo Enhancement Can Save Energy are sometimes referred to as “soft geoengineering” or “geoen- and Improve Air Quality gineering light.”34 One type of albedo modification-based geo- Simply removing radiation from the climate system by engineering scheme entails covering arid regions or low albedo increasing surface albedo does not, of course, fix the underlying with heat reflecting sheets,35 while another focuses on problem of accumulating emissions of CO2 and other climate switching to natural or bioengineered grasses, shrubs, and crops warming gases and aerosols.20 However, cool roofs, made from that are lighter in color and more reflective.36 light-colored, highly reflective materials, indirectly decrease Unlike installations of cool roofs and pavements, these geoen-

CO2 emissions by keeping buildings cool, reducing electricity gineering schemes do not provide benefits of energy efficiency or needs for air conditioning.21 Cooler buildings and pavements urban heat island alleviation. Moreover, large-scale surface albedo can also reduce summertime , improve air quality, enhancement may cause negative effects including extreme regional and help to alleviate other problems associated with the urban cooling and interference with local .37 However, these heat island effect.22 On average, increased rooftop albedo was effects can be monitored as albedo enhancement is scaled up, found to decrease building cooling costs more than 20% for a and the albedo can be returned to its original level if impacts are too rooftop albedo increase of 40-50%, according to the 2009 LBNL severe, unlike the potential impacts of other types of geoengineering study.23 The LBNL study also found that in the United States, schemes, for example, putting mirrors into orbit in space. combined energy and air quality savings from urban albedo enhancement could exceed $2 billion per year.24 Conclusion An independent study of rooftop albedo enhancement based Enhancing urban albedo is an easy and effective way to on models finds that average daily maximum urban temperature reduce electricity needs and diminish urban heat island effect, decreased by 0.6ºC and daily minimum temperature decreased and it can be implemented quickly, as existing roads and roofs by 0.3ºC, suggesting increasing albedo is an effective method of are replaced and new ones constructed. Several states and the diminishing urban heat island effect.25 Although the authors cau- U.S. government have policies including incentives to encourage tion that energy savings from reduced air conditioning should be installation of cool roofs for efficiency purposes. Increasing albe- weighed against increased heating costs in where appli- dos of urban roofs and pavements globally would also produce cli- cable, they also note that as air conditioning becomes more com- mate mitigation in the form of an offset to radiative forcing from 26 mon globally, the role of cool roofs may expand. CO2. Together with other non-CO2 fast-action mitigation strate- gies, urban albedo enhancement can help delay peak warming and Cool Roofs to Enhance Urban Albedo associated impacts while aggressive cuts are being made to long- in the United States term CO2 emissions. Increasing urban albedo is the “light” coun- On July 19, 2010, U.S. Secretary of Energy Steven Chu terpart to large-scale surface albedo modification, which, among announced that initiatives to install cool roofs and promote geoengineering options, is preferred to other schemes that carry albedo enhancement are underway at the Department of Energy significant risk of unforeseen and unmanageable side effects. (“DOE”).27 The DOE plans to construct cool roofs where cost effective on its own properties and is advising other federal Endnotes: Enhancing Urban Albedo to Fight Climate Change and Save Energy on page 60

Fall 2010 6 Endnotes: Enhancing Urban Albedo to Fight Climate Change and Save Energy from page 6

1 Piers Forster et al., Intergovernmental Panel on Climate Change 2030, resulting from increased global demand for fossil energy. Having already (“IPCC”), Changes in Atmospheric Constituents and in Radiative Forcing, in increased from 20.9 [gigatonnes (“Gt”)] in 1990 to 28.8 Gt in 2007, energy-

Climate Change 2007: The Physical Science Basis 136 (Susan Solomon et related CO2 emissions are projected to reach 34.5 Gt in 2020 and 40.2 Gt in al. eds., 2007), http://www.ipcc.ch/pdf/assessment-report/ar4/wg1/ar4-wg1- 2030—an average rate of growth of 1.5% per year over the full projection period chapter2.pdf (explaining that radiative forcing refers to the influence of factors (Figure 2.1).”); id. at 169 (“Total emissions of greenhouse gases, across all sec- on the balance between the solar radiation entering and the infared radiation tors, were 42.4 gigatonnes (Gt) of CO2-eq in 2005 (Figure 4.1).”). exiting the atmosphere). 15 Menon et al., supra note 11 (“Based on the changes we obtained 2 United Nations Framework Convention on . 2, May 9, from the CLSM we now examine the CO2 offsets that may be expected. We use 1992, 1771 U.N.T.S. 107, 165. RF01A to define the radiative forcing obtained for a 0.01 change in albedo . . . 3 & Yan Feng, On Avoiding Dangerous Anthro- . The atmospheric CO2 equivalence for a 0.01 increase in urban albedo is then pogenic Interference with the Climate System: Formidable Challenges Ahead, obtained from the ratio of RF01A (1.63W m−2) to the radiative change per tonne −2 105 Proc. Nat’l Acad. Sci. USA 14245, 14247 (2008) (“About 8% of the of atmospheric CO2. This value is −1.79 kg CO2 m urban area.”); id. (“These committed warming (0.2°C) is compensated by increases in the surface albedo averages represent all global land areas where data were available from the land because of land-use changes; ~20% (0.5°C) is delayed by the thermal inertia of surface model used and are for the boreal summer (June–July–August).”); id. the oceans and it is only the balance of ~25%, i.e., 0.6°C, that should by now (“If roof areas are 25% of urban areas (~3.8 × 1011 m2) and paved areas are 35% 11 2 have manifested as observed warming. This algebraic exercise demonstrates that of urban areas (~5.3 × 10 m ), we then estimate 31 and 26 Gt CO2 offsets for the observed surface warming of 0.76°C (since the latter half of 1800s) is not cool roofs and pavements, respectively.”). inconsistent with the committed warming of 2.4°C. The fundamental deduction 16 Hashem Akbari et al., : Increasing Worldwide Urban Albe-

(subject to the assumption of IPCC ) is that if we get rid of the dos to Offset CO2,4 9 Climatic Change 275, 284 (2009), http://www.energy. ABCs today the Earth could warm another 1.6°C (which includes the delayed ca.gov/2008publications/CEC-999-2008-020/CEC-999-2008-020.PDF (“Using warming caused by ocean thermal inertia) unless we act now to reduce GHG cool roofs and cool pavements in urban areas, on an average, can increase the concentrations.”). albedo of urban areas by 0.1. We estimate that increasing the albedo of urban 4 et al., Target Atmospheric CO2: Where Should Humanity roofs and pavements [on a global scale] will induce a negative radiative forcing -2 -2 Aim? 2 Open Atmospheric Sci. J. 217, 217 (2008) (recounting that although the of 4.4x10 Wm equivalent to offsetting 44 Gt of emitted CO2.”). United Nations Framework Convention on Climate Change aims to stabilize lev- 17 Timothy Lenton & Naomi Vaughan, The Radiative Forcing Potential of els of greenhouse gases in the atmosphere to prevent “dangerous anthropogenic Different Climate Geoengineering Options, 9 & Phys- interference with the climate system . . . the present global mean CO2, 385 ppm, ics Discussions 5539, 5550 (2009), available at http://www.atmos-chem-phys. is already in the dangerous zone”). net/9/5539/2009/acp-9-5539-2009.pdf (“Assuming 1% of the land surface 5 Forster et al., supra note 1, at 136. (1.5×1012 m2) is urban this has been estimated to induce a radiative forcing of 6 Gerald A. Meehl et al.,PCC, I Global Climate Projections, in Climate −0.044Wm−2 . . . we estimate RF=−0.047Wm−2 ( 1). However, satellite Change 2007: The Physical Science Basis 824 (S. Solomon et al. eds., 2007), observations suggest the actual global urban area may be far less than assumed http://www.ipcc.ch/pdf/assessment-report/ar4/wg1/ar4-wg1-chapter10.pdf. . . . at 2.6×1011 m2 . . . or 0.051% of the Earth’s surface, which . . . would give 7 Susan Solomon et al., Irreversible Climate Change Due to Carbon Dioxide RF=−0.0081Wm−2.” (citing Akbari et al., supra note 16; Matthew C. Hansen et Emissions, 106 Proc. Nat’l Acad. USA 1704, 1704 (2009), http://www.pnas. al., Global Land Cover Classification at 1km Spatial Resolution Using a Clas- org/content/early/2009/01/28/0812721106.full.pdf. sification Tree Approach, 21 Int’l. J. Remote Sensing 1331 (2000); Thomas R. 8 See Mario Molina, Durwood Zaelke, K. Madhava Sarma, Stephen O. Ander- Loveland et al., Development of a Global Land Cover Characteristics Database sen, Veerabhadran Ramanathan & Donald Kaniaru, Reducing Abrupt Climate and IGBP DISCover from 1 km AVHRR Data, 21 Int’l. J. Remote Sensing 1303 Change Risk Using the and Other Regulatory Actions to (2000)). 18 Complement Cuts in CO2 Emissions, 106 Proc. Nat’l Acad. Sci. USA 20616 Id. (2009). 19 Menon et al., supra note 11. 9 IPCC, Glossary, in Climate Change 2007: The Physical Science Basis 941 20 Akbari et al., supra note 16, at 284. (Alphonsus P. M. Baede ed., 2007), http://www.ipcc.ch/pdf/assessment-report/ 21 t Menon e al., supra note 11 (explaining that increasing albedo in turn ar4/wg1/ar4-wg1-annexes.pdf. increases the outgoing radiation and reduces heat and by extension the demand 10 Forster et al., supra note 1, at 132 (explaining that land cover changes, for energy for air conditioning; if that energy were supplied by fossil , the largely due to net deforestation, have increased the surface albedo, producing increase in albedo would then reduce CO2 emissions). radiative forcing of –0.2 [±0.2]W m–2). 22 Akbari et al., supra note 16, at 275; Menon et al., supra note 11, at 279 (not- 11 Surabi Menon, et al., Radiative Forcing and Temperature Response to ing that reflective surfaces generally lead to cooler urban temperatures, which

Changes in Urban Albedos and Associated CO2 Offsets, 5 Envtl. Res. Letters slow smog formation). 014005 (2010) (“The global radiative forcing associated with land use and land 23 Id. at 275 (“[M]any studies have demonstrated reductions of more than 20% cover change from pre-industrial times to present day due to land albedo modi- in cooling costs for buildings whose rooftop albedo has been increased from fications is about −0.2 ± 0.2 Wm−2 . . . . This value is small but of opposite sign about 10-20% to about 60% (in the US, potential savings exceed 1 billion per −2 compared to the 1.6 Wm forcing from CO2.” (citing Forster et al., supra note year).”). 1, at 136)). 24 Id. at 276. 12 d I . (“Over 60% of typical US urban surfaces are pavements and roofs . . . 25 Keith Oleson et al., Effects of White Roofs on Urban Temperature in a Global and roofs and paved surfaces constitute about 20-25% to 29-44%, respectively , 37 Geophysical Res. Letters L03701 (2010) (“Here, the effects of typical metropolitan US urban surfaces . . . . Thus the potential modification of globally installing white roofs are assessed using an urban canyon model cou- to albedos of urban surfaces can have a strong effect on radiative forcing and pled to a global climate model. Averaged over all urban areas, the annual mean it becomes useful to quantify this effect since it can to some extent mitigate heat island decreased by 33%. Urban daily maximum temperature decreased by or delay some of the consequences of warming from CO2 emissions.” (citing 0.6ºC and daily minimum temperature by 0.3ºC.”). Hashem Akbari et al., Analyzing the Land Cover of an Urban Environment 26 Id. Using High-resolution Orthophotos, 63 Landscape & Urb. Plan. 1 (2003) and 27 Press Release, U.S. Dep’t of Energy (July 19, 2010), available at http:// Leanna Shea Rose et al., Characterizing the Fabric of the Urban Environ- energy.gov/news/9225.htm. ment: A Case Study of Greater Houston, (2003)). 28 Id. 13 Id. 29 U.S. Dep’t of Energy, Guidelines for Selecting Cool Roofs (2010). 14 International Energy Agency, World Energy Outlook 2009 168, n. 1 30 Cal. Code Regs. tit. 24 § 118 (2010). 31 (2009) (“Carbon dioxide equivalent (CO2-eq)s i a measure used to compare See, e.g., Fla. Stat. § 553.9061 (2010). and combine the emissions from various greenhouse gases, and is calculated 32 Press Release, U.S. Dep’t of Energy, supra note 27. according to global-warming potential of each gas.”); id. at 44 (“The Reference 33 Ipcc, Glossary, in Climate Change 2007: Mitigation of Climate Change

Scenario sees a continued rapid rise in energy-related CO2 emissions through to 815 (Aviel Verbruggen ed., 2007) (defining geo-engineering as “[e]fforts to sta-

Fall 2010 60 bilise the climate system by directly managing the energy balance of the earth, albedo amplification may stall climate change for about twenty-five years,” dur- thereby overcoming the enhanced greenhouse effect.”). ing which humans can develop and implement long-term mitigation efforts such 34 See, e.g., Samuel Thernstrom, White Makes Right? Steven Chu’s Help- as low-emissions energy conversion); see also Andy Ridgwell et al., Tackling ful Idea, The American, Jun. 5 2009, available at http://www.american.com/ Regional Climate Change By Leaf Albedo Bio-geoengineering, 19 Current archive/2009/june/white-makes-right-steven-chu2019s-helpful-idea/. 1, 1 (2009) (“We quantify this by modifying the canopy albedo of veg- 35 See, e.g., Takayuki Toyama & Alan Stainer, Cosmic Heat Emission concept etation in prescribed cropland areas in a global-climate model, and thereby esti- to ‘stop’ global warming, 9 Int’l. J. Global Envtl. Issues 151-153 (2009) (urg- mate the near-term potential for bio-geoengineering to be a summertime cooling ing the use of the Heat Reflecting Sheet (“HRS”) on Earth’s surface); see also of more than 1°C throughout much of central North America and midlatitude Alvia Gaskill, Summary of Meeting with US DOE to Discuss Geoengineering , equivalent to seasonally offsetting approximately one-fifth of regional

Options to Prevent Abrupt and Long-Term Climate Change, available at http:// warming due to doubling of atmospheric CO2. Ultimately, genetic modifica- www.global-warming-geo-engineering.org/3/contents.html. tion of plant leaf waxes or canopy structure could achieve greater temperature 36 . Robert M Hamwey, Active Amplification of the Terrestrial Albedo to Miti- reductions, although better characterization of existing intraspecies variability is gate Climate Change: An Exploratory Study, 12 Mitigation and Adaptation needed first.”). Strategies for 419, 435 (2007) (explaining that “[t]errestrial 37 Lenton & Vaughan, supra note 17, at 5556.

Endnotes: Traffic Jam Equality: Evaluating The Constitutionality of continued from page 11 1 Christian Iaione, The Tragedy of Urban Roads: Saving Cities From Chok- Clause violation occurred as a result of a state action, the state itself may face ing, Calling on Citizens to Combat Climate Change, 37 Fordham Urb. L. J. legal action under Section 1983. 889, 891-96 (2010). 9 Navarro, supra note 6. 2 Id. at 919-22. 10 N.Y. State Assem., Interim Report: An Inquiry into Congestion Pricing as 3 Id. at 908, 917-24. Proposed in PlaNYC 2030 and S.6068 11 (2007). 11 4 Id. at 911. But see Kiran Bhatt, Thomas Higgins, & John Berg, U.S. Dep’t Id. 12 of Transp., Fed. Highway Admin., Lessons Learned From International Expe- Phila. & S. Steamship Co. v. Pennsylvania, 122 U.S. 326, 335 (1887). 13 rience in Congestion Pricing, at 4-1, 4-3 (2008), http://www.ops.fhwa.dot.gov/ Id. at 336. publications/fhwahop08047/Intl_CPLessons.pdf (noting the positive environ- 14 Id. mental effects of congestion pricing in London, Singapore, and Stockholm). 15 Dennis v. Higgins, 498 U.S. 439, 440-41 (1991). 5 Iaione, supra note 1, at 911. 16 Id. at 441. 17 6 See City of , PlaNYC: A Greener, Greater New York 88-90 Id. at 446. (2007), http://www.nyc.gov/html/planyc2030/downloads/pdf/full_report. 18 Id. at 441-42. pdf. But see, Mireya Navarro, Mayor’s Environmental Record: Grand Plans 19 N.Y. State Assem., supra note 10, at 11. 20 and Small Steps Forward, N.Y. Times, Oct. 22, 2009, http://www.nytimes. Jeremy Elton Jacquot, Is Congestion Pricing Right for Car-Happy Los Ange- com/2009/10/23/nyregion/23green.html?pagewanted=2&_r=3 (noting that les?, TreeHugger (Apr. 30, 2008), http://www.treehugger.com/files/2008/04/ Mayor Bloomberg’s congestion pricing initiative did not advance out of the congestion-pricing-los-angeles.php. New York State Legislature). 21 N.Y. State Assem., supra note 10, at 11. 7 Navarro, supra note 6. 22 Id. 8 In this case, the essence of the legal complaint against Mayor Bloomberg’s 23 Id. tax scheme would be grounded in the basis of the Commerce Clause; however, 24 Id. In the New York State Assembly Committee on Corporations, Authori- because the policy constitutes a state action, the petitioner may also raise the ties and Commissions Report, the authors note that the real motivation for issue under 42 U.S.C. Section 1983. Specifically, 42 U.S.C. Section 1983 the taxation scheme is behavior modification, with the hope that an $8 fee on provides that “[e]very person who, under color of any statute, ordinance, regu- commuters will encourage those commuters to change their habits in favor of lation, custom, or usage, of any State or Territory or the District of Columbia, environmentally friendly alternatives such as public transportation. However, as subjects, or causes to be subjected, any citizen of the United States or other per- the study goes on to note, the likelihood that an $8 fee will affect the habits of son within the jurisdiction thereof to the deprivation of any rights, privileges, the wealthy commuters traveling into Manhattan is improbable, with the likely or immunities secured by the Constitution and laws, shall be liable to the party result being an additional burden on middle to low income families. Id. at 8. injured in an action at law, suit in equity, or other proper proceeding for redress 25 Richard C. Feiock & Christopher Stream, Environmental Protection versus . . . .” 42 U.S.C. § 1983 (2010). Under this section, because the Commerce Economic Development: A False Trade-Off?, 61 Pub. Admin. Rev. 313, 318 (2001).

Endnotes: Rediscovering the Transportation Frontier: Improving in the United States through Passeinger Rail continued from page 16 report/2008/pdf/entire.pdf [hereinafter Transportation Statistics Annual http://www.dot.wisconsin.gov/projects/state/docs/prwg-report.pdf. Report 2008]; see also Bradley W. Lane, The Relationship Between Recent 40 Mark Delluchi et al., Inst. Of Tranp. Studies, U. Cal. Davis, Emissions of Price Fluctuations and Transit Ridership in Major US Cities, 18 J. of Criteria Pollutants, Toxic Air Pollutants, and Greenhouse Gases, from the Geography 214, 214-25 (2010). Use of Alternative Transportation Modes and Fuels 47 (1996), http://pubs. 33 James V. DeLong, Myths of Light Rail Transit, Reason Foundation, 7-11 its.ucdavis.edu/download_pdf.php?id=617. (Sept. 1, 1998), http://commonsenseamericans.org/images/mythsoflightrail.pdf. 41 Littman, supra note 35, at 32. 34 Randal O’Toole, Defining Success: The Case against Rail Transit, Cato 42 Ctr. for Neighborhood Tech. & Ctr. for Clean Air Tech., High Speed Inst., 2 (Mar. 24, 2010), http://www.cato.org/pubs/pas/pa663.pdf. Rail and in the U.S. 1 (2006), http://www.cnt.org/ 35 Todd Littman, Victoria Transp. Inst., Rail Transit in America: A Compre- repository/HighSpeedRailEmissions.pdf. hensive Evaluation of Benefits 2 (2010), http://www.vtpi.org/railben.pdf. 43 Locomotives, U.S. Envtl. Prot. Agency, http://epa.gov/otaq/locomotives. 36 National Transportation Statistics 2010, supra 13 note at Table 4-20: htm (last visited Sept. 4, 2010). Energy Intensity of Passenger Modes. 44 Id. 37 See Linda Bailey, ICF Int’l, Public Transportation and Sav- 45 The Benefits of Intercity Passenger Rail: Hearing Before the H. Subcomm. ings in the U.S.: Reducing Dependence on Foreign Oil 9, 11 (2007), http:// on Railroads, Pipelines, and Hazardous Materials, 110th Cong. 120 (2007). www.publictransportation.org/reports/documents/apta_public_transportation_ 46 Benjamin R. Sperry & Curtis A. Morgan, Sw. Region Univ. Transp. Ctr., fuel_savings_final_010807.pdf. Measuring the Benefits of Passenger Rail: A Study of the Heartland 38 Transportation Statistics Annual Report 2008, supra note 32, at 7. Flyer Corridor 102 (2010), http://swutc.tamu.edu/publications/technicalre- 39 John Bennett et al., The Passenger Rail Working Group, Vision for the ports/169116-1.pdf. Future: U.S. Intercity Passenger Rail Network through 2050 15 (2007), 47 Id. at 117.

61 Sustainable Development Law & Policy