To be, or not to be: Minneapolis 2040
Earlier this month, a Hennepin County District judge suspended the hotly contested Minneapolis 2040 Comprehensive Plan after several years of litigation. Spearheaded by Smart Growth Minneapolis and several local birding groups, the lawsuit challenged the comprehensive plan under the Minnesota Environmental Rights Act (MERA). The recent ruling may force the City to revert to its 2030 Plan . . . at least for now.
The MERA was signed into law by Governor Wendell Anderson in 1971. It seeks to, “provide an adequate civil remedy to protect air, water, land, and other natural resources located within the state from pollution, impairment, or destruction.” In other words, it provides a means for private individuals and organizations to advocate for environmental protection within the legal system. Since its passage over 50 years ago, the MERA has been used to protect wetlands, reduce agricultural run-off, and even silence excessive noise pollution produced at gun ranges.
This year, activists wielded the MERA to strike down Minneapolis 2040 on the grounds that the Plan would produce negative environmental impacts. Notably, the Plan proposed a change to the current zoning code, which would effectively allow up to 150,000 new residential units to be built over the next two decades. This, according to Smart Growth Minneapolis, would result in, “increased noise,” “decreased air quality,” and “increased vehicle traffic.”
Minneapolis 2040 advocates argue that striking down the Plan won’t prevent these environmental impacts – rather, the ruling just pushes them to urban fringes. The demand for housing will not disappear. New units will be constructed further from the city, producing longer commute times and a greater disruption to farmland and natural areas.
So, what happens from here?
On September 15, the City of Minneapolis submitted a notice of appeal to avoid reverting back to the 2030 Comprehensive Plan. Doing so would not only make the City in violation of State Law, but also potentially increase housing uncertainty and slow development of affordable housing.
Thus, the legal tug-of-war over Minneapolis 2040 continues. Minneapolis residents and cities nation-wide wait eagerly to see how it all plays out.