Taking It to the Streets: Western European and American Sustainable Transportation Policy and the Prospects for Community-Level Change

Colorado Environmental Law Journal Colorado Environmental Law Journal

Volume 7Number 2

Article 10

Taking It to the Streets: Western European and American Taking It to the Streets: Western European and American

Sustainable Transportation Policy and the Prospects for Sustainable Transportation Policy and the Prospects for

Community-Level Change Community-Level Change

Clay Fong

Taking It to the Streets: Western European and American Sustainable Transportation Policy and the Prospects for Community Level Change

I. INTRODUCTION

Surface transportation systems dependent on automobiles generate significant environmental and economic costs. In Western Europe and the United States (US), international agreements and domestic legislation attempt to reduce such costs by fostering strategies that de-emphasize the car and encourage walking and bicycling.

The Hutchinson, Minnesota, Light Traffic Project Action Plan is an example of one such program. This program arose from an agreement to develop a sustainable transportation plan by the Government of Finland, the State of Minnesota, and the City of Hutchinson. The plan provides a model of how communities can create environmental, economic, and social benefit by challenging traditional notions of transportation planning. While the plan does not address every problem presented by local reliance on automobiles, it provides a useful framework for addressing transportation-related ills. Furthermore, communities can apply the Hutchinson framework, especially its public participation process, to assess resource issues in sectors other than transportation.

II. SUSTAINABILITY AND TRANSPORTATION: AN OVERVIEW

A. Methods and Costs of Traditional Surface Transportation Planning

Transportation planners have traditionally built more roads to accommodate more automobiles in order to meet the mobility needs of growing populations in both Western Europe' and the United States.2 However, reli-

ance on road building has exacerbated environmental, economic, and social problems.3 Automobile travel causes environmental degradation. Specifically, motorization in Western Europe has increased pollution and energy consumption while depleting open space .4 In the United States, reliance on automobiles causes similar adverse impacts.'

The production of greenhouse gases such as CO2, and air pollutants by cars and trucks is a source of global concern. Current projections for Europe forecast a twenty-five percent increase in vehicle-related emissions by the year 2000.6 The European Union (EU) has expressed its intention to stabilize CO2 emissions from autos between 2005 and 2010.' This goal seems to be a response to the predicted increase in pollution. "The crucial problems of acid rain and global warming are directly related to transportation," European Environment Agency Executive Director Domingo Jimenez-Beltran said. He also lamented, "Global warming is happening. Europe represents seven percent of the world's space and thirteen percent of its population, yet it contributes twenty-five percent of the global greenhouse gases. This has to change."8

US emissions of hydrocarbons, carbon and nitrogen oxides from cars and trucks are now less than 1989 levels. However, these pollutants will likely reach 130 percent of 1989 levels by 2009.9 Overall, the carbon emissions resulting from transportation alone in the United States exceed the total emissions produced by other industrialized nations such as Japan and the United Kingdom. 0

Noise pollution is another transportation-related problem exacerbated by an increase in automobile use. A 1961 London, England, study found that motor vehicles were the major source of noise in eighty-four percent of surveyed locations." Scientists warn of a "noise plague" in the United States

that presents a threat to emotional and physical health."2 Although its effect is difficult to quantify, noise pollution diminishes the quality of life by causing stress.3

In addition, road building and increased gasoline consumption create significant economic costs. All modes of transportation account for forty to fifty percent of total EU oil consumption." In some areas of the US, the costs of fuel for transportation can total more than half the costs of all energy consumed. Americans spend over $170 billion a year on fuel for transportation.'5 Because Americans and Western Europeans import most of their oil, most money spent on fuel adversely affects the balance of trade.'6 Subsidies often mask the true costs of driving, particularly in the United States. For example, gas taxes and tolls often cover less than two-thirds of the cost of road building, with the remainder coming from other sources." Citizens in the US also bear other external costs of driving, including the military costs related to securing oil imports and the allocation of scarce open space for highway expansion.

Road development also precludes more economically productive land use. In some US urban areas, roads and related infrastructure account for over half of the land mass,'8 thus precluding high-density areas from more productive uses such as residential and commercial development. Low-density sprawl development, encouraged by easy mobility, reduces farmland and forests, thereby diminishing available space for agricultural uses and environmental quality while creating greater pressures on power and water utility systems to extend their reach.9

Time lost due to traffic congestion is another relevant cost to consider. For example, one study of peak traffic in London found that each driver cost all others on the road about fifty cents per kilometer, an amount equal to

four times the actual costs of driving.0 Other external costs borne by drivers in the US and Europe include insurance2 and accident expenses.22

Europeans must also bear the cost of automobile-related externalities, although to a lesser extent than Americans. European gas taxes, which average US $1.00 to $2.50 per gallon, more accurately reflect the costs of driving than the US federal government's 18 cent per gallon tariff.23 Overall, automobile-related externalities can make up 2.5 percent of the GDPs of several European countries.24

Dependence on automobiles creates other policy problems. Commenting on the 1991 Gulf War, energy efficiency expert Amory Lovins said, "We recently put our kids in 0.56-mile-a-gallon tanks and 17-feet-per-gallon aircraft carriers because we didn't put them in 32-mile-a-gallon cars."2 Lovins also estimates that for each barrel of oil that the US receives from the Persian Gulf, the US spends one hundred dollars on the military security costs of keeping supply lines open.26

Motorization and its concomitant high costs perpetuate social inequity. The benefits of driving are limited to those who can afford vehicles, while those who cannot afford to drive nevertheless must bear the costs of externalities through taxation,27 noise tolerance, and reduced open space. Emphasizing the automobile as the primary means of transportation also isolates the one-third of Americans who are unable to drive due to age, income, or disability.28 Access to employment, health care, education, and other necessary services is difficult for those who lack cars. As a matter of public safety, most transportation networks in North America are so biased toward the car that it is physically dangerous to attempt to use alternatives such as bicycling and walking.9

The development of transportation networks centered on the automobile presents significant environmental, economic, and social challenges. One commentator laments, "Squirrel-squashing, land-eating, people-mauling, omnipolluting cars are taking over the planet!"3 As population growth creates additional transportation demand, these problems will worsen. A new transportation approach that assesses both internal and external costs is necessary to create a more sustainable system of mobility.

B. A New Response: Sustainable Transportation Policy Principles of sustainability3' have been applied in many contexts,32 and transportation is no exception. Although relating the concept of sustainability to any particular context can sometimes be difficult, Fred A. Reid provides an elegant summation of the relationship between transportation and sustainability: "In the transportation sector, sustainability means lower energy consumption, low cost, and compatibility with sustainable land-use and life-styles."" By this definition, sustainable transportation planning addresses many ills that are worsened by expansion of transit networks to accommodate increasing numbers of cars. Additionally, such planning looks at transportation in the larger context of the environment, economy, and social interaction.34

1. The Practice of Sustainable Transportation Planning

Rather than just exploring road building, a sustainable approach to transportation assesses planning and zoning, the development of mass and alternate transportation networks, and regulatory-based financial incentives

that better reflect the external costs of driving.3" Perhaps most importantly, a sustainable transportation policy challenges the traditional presumption that building more capacity for cars is the answer to all transportation planning problems.

Sustainable planning and zoning measures relating to transportation include the development of high-density, mixed-use areas. Rather than segregating commercial and residential districts and encouraging urban sprawl patterns, mixed-use areas combine homes and businesses.36 Residents simply walk or bicycle, rather than drive, to work. Contrary to popular belief, high-density areas are not necessarily more susceptible to problems of crime and squalor." Additionally, mixed-use communities facilitate public transportation development.38

Specific examples of this type of development include pedestrian zones, which include roadways converted to pedestrian use, which are currently found in Munich, Germany;9 Boston, Massachusetts; and Denver and Boulder, Colorado. Pedestrian-oriented commercial areas generate up to twenty-five percent more revenues than spaces developed to encourage automobile use. This financial success is attributable to easier access by foot and public transportation. Additionally, such zones are appealing to shoppers because they offer cultural attractions such as street musicians and other performers.'

Curitiba, Brazil, presents one of the best illustrations of this type of pedestrian zone development. Located close to mass transit and residences, one such zone features stores, restaurants, and other businesses that are open twenty-four hours a day. The city has combined these zones with a highly efficient bus system that carries more passengers than the subway system in Rio, a city six times as large. The integration of mass transit with

pedestrian zones in this city of 1.5 million people has created more disposable income for residents due to decreased transportation costs and new markets for locally produced goods such as buses."'

In addition to developing pedestrian zones, the construction of mass transit and alternate transportation networks also make mobility more sustainable. Large-scale networks include light rail, subway, and bus systems.2 More modest efforts include developing park-and-ride lots to supplement existing mass transit3 and building pedestrian and bicycle routes.'

Besides building more transit infrastructure, legislatures are developing incentive-based regulations to make transportation more sustainable. These regulations take a "carrot and stick" approach by offering financial rewards to those who reduce their driving or use more efficient vehicles while penalizing unrepentant owners of gas guzzlers.

Incentive-based regulations include gasoline taxes, toll collection, and a variation known as congestion pricing. Congestion pricing schemes essentially employ tolls based on time-of-day use and thereby serve to reduce peak time traffic.45 Other proposed incentives include "feebates" and payat-the-pump auto insurance. Feebates, proposed in both California and Ontario, Canada, encourage the purchase of fuel-efficient vehicles by providing rebates for their buyers, and fees for buyers of low mile-per-gallon cars.46 These fees subsidize the rebates, creating a system that pays for itself. Pay-at-the-pump insurance, another California proposal, adds an insurance surcharge to each gallon of gas purchased by motorists. Hence, drivers of more efficient cars pay less for insurance.4'

Increasingly, policymakers around the world are promoting these sustainable transportation measures. In Europe, fuel taxes have reduced driving as they more accurately reflect the costs of gasoline consumption than in the United States.48 Additionally, European governments often use these taxes as a source of general revenue rather than as funding for additional road expansion.49

2. Benefits of Sustainable Transportation Planning Environmental health concerns have driven changes in transportation policy worldwide. As communities embrace alternatives to the automobile, pollution and fuel consumption decrease and land use patterns develop more sensibly.

Sustainable transportation planning also creates significant economic benefits. First, better transit policies reduce many externalities of driving. Land which is no longer needed for roads, parking lots, and related infrastructure, is available for more economically productive development. A better transportation system improves workers' access to jobs and can attract businesses to a community. Decreased reliance on cars leads to reduced oil consumption. Therefore, the dollars previously spent on fuel imports will be available for domestic economic development.'

III. STATUTES AND AGREEMENTS RELATING TO SUSTAINABLE TRANSPORTATION POLICY IN WESTERN EUROPE AND THE UNITED STATES

In Western Europe and the United States, new initiatives have paved the way for transportation policies that assess external costs and encourage alternatives to the automobile as the preferred means of transit. Many of these initiatives have been in response to the environmental, economic, and social costs of road building and the problem of increasing car ownership." These transportation programs often include the creation of funding sources and new opportunities for increased public participation in decision-making processes.

A. Western Europe and Sustainable Transportation Policy

1. European Union Efforts

European Union transportation policy is in a state of flux. In the EU, transportation issues are considered part of the larger issue of the urban environment. Many EU policies reflect concern over environmental degradation, economic development, and social costs. Indeed, these concerns are evident in EU transportation policy.

Besides the EU initiative to reduce transportation-related CO2 emissions, the Dedicated Road Infrastructure for Vehicle Safety in Europe (DRIVE) program strives "to reduce the environmental impact of road transport. The aim... is to increase road safety, ensure better absorption of traffic increases, reduce air pollution and other nuisances and ensure better traffic management.'52 Additionally, the DRIVE program works in cooperation with other projects dedicated to reducing traffic and promoting alternate modes of transportation to the automobile.53

In addition, the EU has begun to discuss transportation issues in terms of sustainable mobility.' These efforts attempt to address environmental harm, set pollution standards, and encourage less ecologically harmful transportation modes.55 Concerns over increases in individual vehicle ownership and accompanying harms should move these policies forward.

The EU has also been promoting the use of environmental impact assessments (ELAs) in determining the feasibility of road construction projects.These assessments include examinations of the interaction between humans, biological life, and other environmental factors such as water and air quality.57 However, the development of EIAs and a subsequent comment period do not allow for the levels of public participation mandated by statute in the United States.8 This will likely undermine the effectiveness of the EU's EIAs.

Financing for the various forms of transportation infrastructure comes from many sources, including the European Regional Development Fund, the European Investment Bank, and the European Community for Steel and Coal.9 However, most of the EU funds still go to building road expansions.'

2. Efforts at the National Level Although the EU has been attempting to develop more sustainable transportation, individual governments, and not the EU, have generally taken the lead. National policies governing land use and high taxation of automobiles have mitigated some external costs of auto ownership.6' Furthermore, national development of public transportation and bicycle systems have also encouraged more sustainable transportation use.2

B. The United States Intermodal Surface Transportation Efficiency Act of 199] (ISTEA)

The passage of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) heralded the start of a new era in American transportation planning. The Act encourages the development of alternatives to simply building more highways and fostering more automobile use. Additionally, it provides a mechanism for communities to fund projects that reduce vehiclerelated air pollution, and creates increased opportunities for public participation in the transportation planning process.

According to ISTEA's declaration of policy, "[t]he National Intermodal Transportation System shall consist of all forms of transportation in a unified, interconnected manner, including the transportation systems of the future, to reduce energy consumption and air pollution while promoting economic development and supporting the Nation's preeminent position in interna-

tional commerce.'63 This language echoes Fred A. Reid's summation of the relationship between transportation and sustainability quoted earlier. It accounts for economic development factors and environmental protection.

As a matter of policy, ISTEA provides an opportunity for citizens to develop a wide range of responses to transportation needs.' Hank Dittmar, executive director of the Surface Transportation Policy Project, characterized ISTEA as representing a transportation planning "shift from a federally dominated construction program to a federally funded partnership for productive investment in transportation ....,63

ISTEA helps communities comply with provisions of the Clean Air Act by authorizing $6 billion to address problems of traffic and air pollution.' Specifically, this appropriation assists communities in funding transportation control measures as defined by the Clean Air Act .6 These measures can include "programs to limit portions of road surfaces to certain sections of the metropolitan area to the use of non-motorized vehicles or pedestrian use, both as to time and place"' as well as "programs to develop bicycle routes and secure storage areas. "69

The scope of ISTEA projects ranges from the large-scale, such as developing a long-range transportation plan for Washington, D.C.,0 to the small, such as preserving historic train stations.7' Besides allocating funds for traditional roadway expansions, ISTEA allows for the expenditure of $58 billion in federal funds for public transit, bicycle, and pedestrian improvements from 1992 to 1997. This sum represents an almost fifty percent annual funding increase for alternative transportation.

ISTEA decreases the federal role in making transportation decisions, thereby giving state and municipal authorities increased discretion and responsibility.73 It also creates opportunities for public participation in planning organizations that drive transportation policy for a given area.4 As Allen Greenberg, government relations director of the League of American Bicyclists, said, "Public participation requirements provide the greatest assurance that decisions make sense and reflect the values of our nation's communities. In an era where the public feels more and more removed from federal spending decisions, ISTEA has been an unqualified success in reversing this trend.""5

In summary, transportation planners in both Western Europe and the United States share the challenges of escalating automobile use, increasing pollution, and a call for less-centralized decision making. However, European transportation policy tends to stress issues of car ownership and use, while American approaches emphasize the process of policy making. In Europe, growth patterns and high taxation of automobiles have restricted individual automobile ownership, while the United States has a stronger tradition of public participation in the decision-making process, especially in the ISTEA context.

IV. THE HUTCHINSON, MINNESOTA, LIGHT TRAFFIC PROJECT ACTION PLAN

Although sister city projects are not a new innovation, the development of the Hutchinson, Minnesota, Light Traffic Project Action Plan is unique. Rather than simply linking one community with another, this project is an opportunity for a small Minnesota town to take advantage of the expertise of a Finnish governmental agency to develop an improved transportation system. This project intends to "initiate the design of a pilot community for walking, bicycling, and transit-a model of new transportation options and enhanced livability.'16

Specifically, this project will lead to the construction of an integrated system of bikeways and improvements to road areas and pedestrian crossings, "including the main principles of drainage, lighting, route signing and environmental design.""' This project will also serve as an example to other Minnesota communities.'

Not only does this project encourage sustainable transportation development at the community level, but it also indicates the potential for municipalities to benefit from international agreements and to create opportunities for increased public participation in civic planning.

This project grew from agreements made in the 1970s between the Finnish National Road Administration (FinnRA) and the Minnesota Department of Transportation (Mn/DOT) to share information on winter road maintenance.9 The genesis of these agreements was a continuing dialogue between a Mn/DOT engineer and a FinnRA colleague who attended graduate school together.0 Their informal discussions led to more formal agreements regarding technology transfer, engineer visits, and student exchanges."' Today, Mn/DOT is a leader in promoting international agreements among transportation agencies and has assisted the Federal Highways Administration in developing memorandums of understanding with agencies in Sweden, Norway, and Japan.82

In 1991, Mn/DOT and FinnRA signed an agreement of cooperation that included provisions for developing "professional exchanges and visits, co-operative research programs and shared knowledge, among other things.''3 So far this agreement has fostered collaboration in "structural design of roads.., winter maintenance and technology transfer."'

In 1993 the two transportation agencies and the city of Hutchinson agreed to develop the design of a pilot community friendly to walking, bicycling, and transit.8 As part of that project, Mn/DOT and SK-Consulting Finland, an organization experienced in transportation planning, cooperatively began to create an action plan for Hutchinson.' Finnish exchange students also assisted in data collection and analysis in Hutchinson.7

Increasing cooperation between Finland and Minnesota is one goal of the Hutchinson project.' As the project continues, both parties hope to identify areas of common interest and develop "engineer exchange programs, excursions, sister city programs, electronic mail networks, formation of public/private partnerships," and so on.19

One of the fastest growing towns in Minnesota,' Hutchinson is a suburban community of 12,000 located sixty miles west of Minneapolis-St. Paul. Hutchinson relies upon high-technology industry as its economic base.9 Until recently, 3M Corporation's magnetic tape manufacturing facility was a major employer.92 Mn/DOT selected Hutchinson for two reasons. First, the city government provided the most enthusiastic proposal for developing the project.3 Second, as neither a large city nor a college town, officials felt that Hutchinson represented a typical Minnesota community because of its industrial base and potential for economic growth.4

A. Development of the Hutchinson Plan

To facilitate the development of a continuous pedestrian and bicycle network linking residential, industrial, and commercial areas, one of the Hutchinson project's first actions was to form a Light Transportation Task Force (LTTF) consisting of thirteen residents.95 Selected by city staff, task force members reflected a broad cross-section of Hutchinson's neighborhoods; some were avid bicyclists, others not.' Meeting monthly, the task force acted as a bridge between the general community and transportation specialists.97 Transportation surveys also gave the general public a chance to participate in the process, and it was through this mechanism that residents voiced their strong support for the development of pedestrian and bicycle routes."

Citizen-to-citizen outreach was also a project goal. Administrators wanted to create an atmosphere where LTTF members could ride on bikeways

and inform cyclists about the program." "If that isn't grassroots, I don't know what is," said Bob Works of Mn/DOT.'°

Although the Hutchinson project does not address all of the issues facing transportation planners, it does provide a useful framework for creating a process that allows a community to address these issues. Citizen surveys and the formation of a community task force allowed for public participation in this process and created a framework applicable to other community development issues.

One study of ISTEA in Minnesota lauds the Act for providing an "opportunity to continue a movement toward increased and ongoing public involvement in decision-making."'° The Hutchinson Plan's public involvement component, coupled with its promotion of sustainable transportation, makes the project a likely candidate for ISTEA funds. The project will be eligible for these funds if it successfully competes with other programs for inclusion in the Minnesota Transportation Plan.' This state plan receives part of its funding from federal sources. 03 Up to thirty other funding sources are potentially available at the federal, state, and local levels.t°0

The Hutchinson Light Traffic Project Action Plan assessed the local transportation system and patterns of urban development.5 The transportation analysis included a review of current travel patterns; the potential for bicycle, pedestrian, and transit use; parking; and traffic safety. The purpose of assessing urban development patterns was to ascertain factors that would help or hinder the development of a new transportation system."° Relevant factors included land-use, zoning, population, employment, and economic development patterns.07

Integrating existing and planned transportation facilities with bikeways and other improvements is another component of the plan.0 Additionally, the project plans to improve technology transfers involving bicycle and pedestrian development between Minnesota and Finland,"° and publish a manual detailing the development of the plan. "0

Proposed safety education programs in Hutchinson include workshops, exhibitions, and other programs specifically targeted at youth and adult audiences.' Besides developing a network of pedestrian and cycling paths, Hutchinson also plans to explore winter maintenance of this network, bicycle parking, and a method for renting and maintaining bicycles."2

Air and noise pollution are not major issues in a small town setting such as Hutchinson, but the project's public participation framework could be appropriate in a context where these are major problems. The Hutchinson LTTF is analogous to the Metropolitan Planning Organizations (MPOs) statutorily defined by ISTEA. An MPO is responsible'for carrying out transportation planning for urbanized areas with populations over 50,000. Its purview includes assessing clean air standards, creating a transportation improvement program, and developing public participation. Although the scope and impact of an MPO may differ from the LTTF, their basic mission is the same."'

The issues of land use and energy consumption are also difficult to analyze in Hutchinson. However, any promotion of alternatives to driving should lead to a reduction in lands being taken up for transportation infrastructure as well as a drop in the consumption of fossil fuels.

In terms of economic benefit, a new emphasis on walking and bicycling reduces driving-related externalities in a community. Money previously spent on gasoline will remain in the city and can be used for community investment. Plans for pedestrian and bicycle access will likely lead to increased revenues in Hutchinson's Main Street retail area. But perhaps the most significant economic development benefit comes from the plan making the town more attractive to new business.

Despite a three percent unemployment rate, the community is concerned about jobs. In November 1995, 3M cut its magnetic tape manufacturing operations in Hutchinson, a step that could possibly lead to the loss of 300 jobs."" However, a Finnish radio frequency components company, Solitra Oy, announced plans in June 1995 to open a plant there.' The company will initially employ fifteen workers, but that number could increase to 150 in three years."6 Some city officials believe that the transportation project was

a factor in Solitra's decision to open a plant in Hutchinson."7 Although the plan did not set out to recruit new businesses, it may have created an unintended economic development benefit."8

The project has also produced social benefits relating to public safety and increased citizen participation in community decision making. For example, specific plan proposals address improving safety for bicyclists and pedestrians in areas of high auto traffic."9 Hutchinson parks director Dolf Moon said, "We're looking to make it easy for families and kids to be able to go through downtown and stay off streets. Our hope is we can become a model to other communities in the United States that are looking for some technical experience."''0

As part of the transportation project, Hutchinson police trained 800 children in bicycle safety.2' At the end of the training, each child received a bicycle helmet, which, along with increasing childrens' bicycle safety, became a highly visible symbol of the project throughout the community. Not only did this program help increase awareness of the plan, but it also helped to improve relations between the police department and citizens. 2

Crime prevention is also a concern, and planners are assessing population density, police patrolling, and lighting along new transportation routes.23 John Rodeberg, city engineer, stated, "The whole premise of this is making it safe for people where it never was before, it's a whole different concept."'24

B. The Finnish Influence on Hutchinson

Given Finland's record of success in developing alternate transportation networks,'25 it comes as no surprise that the Hutchinson Plan closely reflects the Finnish national policy of encouraging bicycle use. Concern over air pollution emissions resulting from transportation, which account for almost all of Finland's lead and CO emissions,'6 has undoubtedly been a factor in the development of its pedestrian/bicycle policy.

Distinguishing characteristics of Finnish policy include safety education for cyclists and encouraging bicycle use by constructing cycle and foot paths'27 separate from automobile traffic.28 A Finnish study determined that the construction of bike paths separated from main roads by a fence or a space of at least a meter resulted in a fourteen percent decrease in accidents and injuries, with the largest decreases affecting cyclists and pedestrians.'29 This study has not gone unnoticed in the US, as it has been cited as a case study in a US Department of Transportation report on bicycling and walking.'i Following Finland's lead, the Hutchinson plan includes a safety education component and also calls for constructing bicycles paths separate from automobile traffic. '3

Social and geographic similarities also helped in fostering cooperation between Finland and Minnesota. Because many Minnesota residents are of Scandinavian descent, there is a common cultural bond between the citizens of Hutchinson and Finland. Additionally, similar climate and flat topography made the Finnish input all the more relevant to the Hutchinson project.13 One major difference between Finnish communities and Hutchinson is the fact that US settlement patterns do not foster high residential densities conducive to bicycling and walking. 33 For historical and economic reasons, American communities are also particularly susceptible to sprawl development patterns that encourage the use of the automobile. These differences may make it difficult to develop Finnish planning ideas in highly urbanized areas or low-density suburban developments. However, because Hutchinson falls into neither of these categories, it is able to adapt new ideas to construct a bicycle/pedestrian network.

V. CONCLUSION: How CAN OTHER COMMUNITIES APPLY THE LESSONS OF THE HUTCHINSON PROJECT?

A. Hutchinson and Bicycle and Pedestrian Networks in America

The Hutchinson project has not been fully completed, but it already shares many traits with communities such as Boulder, Colorado, and Palo Alto, California, that have successfully developed bicycle and pedestrian networks.

One necessary step in the development of a successful alternate transport network is the development of a "comprehensive transportation plan in which pedestrian and bicycle concerns are fully integrated in local planning, design and construction of transportation facilities.""' The Hutchinson Light Traffic Project created just such a plan as well as taking the key step of developing of coalitions with local groups.'" Both of these steps have been common to the development of successful programs in the US.136

In more general terms, public participation in resource-related decision making is on the rise. The Hutchinson experience provides a model for other communities to follow for three reasons. First, the process guaranteed true citizen participation through the formation of the LTTF. Rather than paying lip service to residents' concerns, the project afforded an opportunity for citizens to guide the process while still having access to experts in transportation planning. Citizens could also voice their opinions through surveys. Second, the project dealt with issues on a manageable scale. Population and land area did not limit the ability of the project to address transportation issues. Additionally, focusing on one clearly defined issue, transportation, rather than a broad topic, such as environmental protection, contributed to the program's progress. Finally, the project framed the transportation issue in terms that would promote community interest. By stressing quality of life and public safety, rather than just environmental factors, the project addressed preexisting local concerns.

The Hutchinson Light Traffic Project is a model of sustainable transportation planning and the creation of international agreements among towns, states, and countries. Influenced by both ISTEA and European initiatives, this project creates lasting environmental, community development, and so-

cial benefits. A less obvious benefit is the fostering of participatory democracy that is applicable to other resource issue challenges.

B. The Impact of International Cooperation

The success of the Hutchinson project illustrates how international cooperation can be a powerful tool in creating beneficial transportation programs. This project also provides guidance regarding what factors a community should consider in selecting a suitable partner to develop a project. These factors include a common purpose, a comprehension of the local geography, and a context for building agreement.

FinnRA's ability to design a bicycle/pedestrian system perfectly matched what Mn/DOT had in mind when it sought to create a community project. Both parties recognized that one's expertise could serve the other's needs, and this ensured that the project was driven by common purpose, rather than unrealistic expectations.

Related to a common purpose is a shared understanding of geography. Similarities in Finland's and Minnesota's climate, topography, and to a lesser extent, settlement patterns, made it easier for FinnRA to apply its experiences in Hutchinson. These similarities have also made it possible for Minnesota to share technological innovations with Finland.

Additionally, there was a precedent for the Hutchinson project dating back to the winter road maintenance agreements of the 1970s. This track record of cooperation and opportunities for both parties to benefit from a continued professional relationship provided a context for creating the Hutchinson plan.

Generally, communities can greatly benefit from working with foreign agencies in developing sustainable transportation practices. However, they should consider the above-mentioned factors and not enter into an agreement with an agency just for the sake of developing a foreign contact. By following Hutchinson's example of international cooperation, a community can improve its transportation system. Additionally, such cooperation enhances opportunities for technology transfer, cultural exchanges, and economic development benefits.

Clay Fongt

--- FOOTNOTES ---

Part of the Environmental Law Commons

1. Peter Jones, Congestion and the Car, in TRANSPORT IN A UNIFIED EUROPE:

POLICIES AND CHALLENGES 29, 34-35 (D. Banister & J. Berechman eds., 1993).

2. See ALICE HUBBARD & CLAY FONG, THE COMMUNITY ENERGY WORKBOOK

224 (1995).

3. See DEBORAH GORDON, STEERING A NEW COURSE: TRANSPORTATION, EN-

ERGY, AND THE ENVIRONMENT (1991).

4. See JOHN WHITELEGG, TRANSPORT POLICY IN THE EEC 198 (1988). 5. See F. Kaid Benfield, Running on Empty: The Case for a Sustainable National

Transportation System, 25 ENVTL. L. 651 (1995).

6. EEA Director Calls for Revised Policy on Transport to Tackle Pollution, Int'l Env't Daily (BNA), Sept. 25, 1995, available in LEXIS, News Library, CURNWS File [hereinafter Revised Policy on Transport].

7. COMMISSION OF THE EUROPEAN COMMUNITIES, ASSESSMENT OF THE EFFECT IN EC MEMBER STATES OF THE IMPLEMENTATION OF POLICY MEASURES FOR CO2 REDUCTION IN THE TRANSPORT SECTOR: FINAL REPORT i (1992).

8. Revised Policy on Transport, supra note 6. 9. GORDON, supra note 3, at 67, figure 23. The current reduction in emissions is

attributable to Clean Air Act amendments.

10. GORDON, supra note 3, at 53, figure 19. 11. WHITELEGG, supra note 4, at 185.

12. Bettijane Levine, Residents Facing a Noisy Assault Sound Their Complaints,

L. A. TIMES, Nov. 28, 1993, § BB, at 9. See also CHARLES L. WRIGHT, FAST WHEELS, SLOW TRAFFIC: URBAN TRANSPORT CHOICES 63-73 (1992).

13. WHITELEGG, supra note 4, at 185. 14. Vlasta Dugonic et al., The Links Between Mobility and Environmental Sustainability, in TRANSPORT IN A UNIFIED EUROPE: POLICIES AND CHALLENGES, supra note 1, at 195, 199.

15. HUBBARD & FONG, supra note 2, at 223. 16. Telephone Interview with Michael Bergsman, Managing Editor, Inside U.S.

Trade (Nov. 24, 1995).

17. Marcia D. Lowe, Reinventing Transport, in STATE OF THE WORLD 1994, at 95

(1994).

18. WRIGHT, supra note 12, at 35. 19. Lowe, supra note 17, at 83.

20. Lowe, supra note 17, at 96. 21. HUBBARD & FONG, supra note 2, at 224. 22. Lowe, supra note 17, at 95. 23. Lowe, supra note 17, at 96. 24. Lowe, supra note 17, at 95. 25. Press Conference with Members of Congress: Senator Joseph Lieberman (DConn.), Senator Howard Metzenbaum (D-Ohio), Senator Paul Wellstone (D-Minn.), Representative Howard Wolpe (D-Mich.), and Environmental Groups: Melanie Griffin, Sierra Club; David Hamilton, US. Public Interest Research Group, Alexandra Allen, Greenpeace; Sara James, G 'wich 'in Tribe; Amory B. Lovins, Rocky Mountain Institute. Re: Opposition to Johnston-Wallop Energy Legislation, Fed. News Serv., Oct. 29, 1991, available in LEXIS, News Library, ARCNWS File.

26. Id. 27. Lowe, supra note 17, at 96-97. 28. DIANNA LOPEZ BARNETT & WILLIAM D. BROWNING, A PRIMER ON SUS-

TAINABLE BUILDING 29 (1995).

29. Lowe, supra note 17, at 84-85.

30. J. Baldwin, Automobiles, in THE MILLENNIUM WHOLE EARTH CATALOG: ACCESS TO TOOLS AND IDEAS FOR THE TWENTY-FIRST CENTURY 342, 342 (Howard Rheingold ed., 1994).

31. In the realm of environmental policy, commentators have been unable to agree on a precise definition of sustainability. Although I am tempted to appropriate Justice Potter Stewart's dictum regarding obscenity ("I know it when I see it," Jacobellis v. Ohio, 378 U.S. 184, 196 (1964 , for the purpose of defining sustainability, I instead offer the following: "A sustainable society is one that can persist over generations, one that is farseeing enough, flexible enough, and wise enough not to undermine either its physical or social forms of support." DONELLA MEADOWS ET AL., BEYOND THE LIMITS: CONFRONTING GLOBAL COLLAPSE, ENVISIONING A SUSTAINABLE FUTURE 209 (1992).

32. See generally PAUL HAWKEN, THE ECOLOGY OF COMMERCE: A DECLARA-

TION OF SUSTAINABILITY (1993).

33. Fred A. Reid, Real Possibilities in the Transportation Myths, in SUSTAINABLE COMMUNITIES: A NEW DESIGN SYNTHESIS FOR CITIES, SUBURBS, AND TOWNS 167, 187 (Sim Van der Ryn & Peter Calthorpe eds., 1986).

34. In so doing, sustainable transportation planning embraces the major principles of systems thinking. First, it focuses on interconnections between the environment, economy, and social interaction. Second, it implies that each of these components is part of a single system subject to growth, decline, and possible collapse. See MEADOWS ET AL., supra note 31, at 10.

35. New technologies, such as high-speed rail and ultra-fuel-efficient "hypercars," are important in developing sustainable surface transportation systems. However, detailed discussion of these innovations is beyond the scope of this article. For more information on state-of-the-art transportation technologies see AMORY B. LOVINS ET AL., HYPERCARS: MATERIALS AND POLICY IMPLICATIONS (1995); GORDON, supra note 3, at 114-23, 135-39; Joe Wiesenfelder, The Information Superhighway (This is not a metaphor), WIRED, Feb. 1996, at 126. A question worth asking, however, is: How will sustainable transportation policy affect auto manufacturers? Because transport in Europe and the United States is heavily dependent on cars, it is unlikely that manufacturers will lose the market for their products in the foreseeable future. What is likely is that auto manufacturers will produce much more fuel-efficient and environmentally friendly vehicles as well as develop entire transportation systems.

36. See Lowe, supra note 17, at 93-95. 37. See Lowe, supra note 17, at 95. 38. See Lowe, supra note 17, at 93. 39. HUBBARD & FONG, supra note 2, at 235. 40. See generally HUBBARD & FONG, supra note 2.

41. HUBBARD & FONG, supra note 2, at 238-39. 42. See GORDON, supra note 3, at 126-39. 43. See Reid, supra note 33, at 176. 44. See WRIGHT, supra note 18, at 190-201. 45. See GORDON, supra note 3, at 151-53. 46. See AMORY LovINS, MEMO ON FEEBATES (1991). 47. See ANDREW TOBIAS, AUTO INSURANCE ALERT: WHY THE SYSTEM STINKS,

HOW TO Fix IT AND WHAT TO Do IN THE MEANTIME (1993).

48. GORDON, supra note 3, at 47. 49. GORDON, supra note 3, at 47-48.

50. See JOSEPH J. ROMM, THE ONCE & FUTURE SUPERPOWER: HOW TO RESTORE AMERICA'S ECONOMIC, ENERGY, AND ENVIRONMENTAL SECURITY 115 (1992). Dr. Romm suggests that such domestic economic investment should include: "(1) deficit reduction; (2) the development of critical technologies, including pollution minimization, advanced materials, information and communications, biotechnology, resource efficient technologies, advanced low-fuel transportation technologies, and state-of-theart manufacturing techniques; (3) low-cost capital, loans, and tax breaks to foster the spread of these technologies into businesses; (4) public funding ranging from prenatal care and Head Start to worker training, and retraining to create a twenty-first century labor force; and (5) infrastructure needed to support high-technology industry, employment, and worker training with special emphasis on mass transit as well as schools, government buildings, and low income housing, all highly energy efficient." Id. at 22223.

51. Cf DAVID BANISTER, TRANSPORT PLANNING IN THE UK, USA, AND EUROPE 10 (1994) (indicating increases in car ownership). Finland, for example, has seen both auto ownership and traffic increase by over fifty percent between 1980 and 1990. Id. table 1.3.

52. Special Report No 4/94 on the Urban Environment Together with the

Commission's Replies, art. 5.2, 1994 O.J. (C 383) 9.

53. Id. 54. David Banister, Investing in Transport Infrastructure, in TRANSPORT IN A UNIFIED EUROPE: POLICIES AND CHALLENGES: POLICIES AND CHALLENGES supra, note 1, at 347, 360. 55. Id. 56. See BANISTER, supra note 51, at 64-66. 57. BANISTER, supra note 51, at 64. 58. Statutes such as the National Environmental Policy Act (NEPA) afford citizens participation in the development of environmental impact statements dealing with transportation projects. However, as a matter of practice, federal courts have been reluctant to allow citizens to enjoin highway construction projects due to alleged noncompliance with the NEPA. See Conservation Law Found. v. Fed. Highway Admin., 24 F.3d 1465 (1st.

Cir. 1994). These outcomes are not surprising, given that courts construe the NEPA as procedural and not substantive. See, e.g., Robertson v. Methow Valley Citizens Council, 490 U.S. 332, 350 (1989).

59. Bernard Gerardin, Financing Transport in Europe, in TRANSPORT IN A UNI-

FIED EUROPE: POLICIES AND CHALLENGES, supra note 1, at 335, 341.

60. Id. at 344. 61. Pucher et al., Passenger Transport in the United States and Europe: A Comparative Analysis of Public Sector Involvement, in TRANSPORT IN A UNIFIED EUROPE: POLICIES AND CHALLENGES, supra note 1, at 369, 384.

62. See GORDON, supra note 3, at 47-53. In many northern European countries, foot paths and bikeways are separate from roadways, thus creating an additional measure of safety for pedestrians and cyclists. This safety measure, and the construction of bicycle storage facilities at public transit stations, has encouraged walking and cycling as alternate means of transportation.

63.

Intermodal Surface Transportation Efficiency Act of 1991, Pub. L. No. 102240, § 2, 105 Stat. 1914 (1991) (codified at 49 U.S.C. § 101 (1994 [hereinafter ISTEA].

64. HUBBARD & FONG, supra note 2, at 231. 65. Hank Dittmar, From the Director s Chair: Good Planning Is Not Something We Can Do Without, SURFACE TRANSPORTATION POLICY PROJECT PROGRESS, JulyAug. 1995, at 1.

66. Robert Martinez, Perspective from the Office of Intermodalism, in ISTEA AND INTERMODAL PLANNING: CONCEPT, PRACTICE, VISION: PROCEEDINGS OF A CONFERENCE 47, 50 (1993).

67. ISTEA supra note 63, §149, 105 Stat. 1932. Section 149(a) creates "a congestion mitigation and air quality improvement program" (CMAQ). Section 149(b) allocates ISTEA funds to CMAQ projects that are "likely to contribute to the attainment of a national ambient air quality standard ... pursuant to section 108(f)(1)(A) of the Clean Air Act (other than clauses (xii) and (xvi) of such section)."

68. Clean Air Act § 108(f)(l)(A)(ix), 42 U.S.C § 7408 (1990). 69. 70. Felicia B. Young, Scenario Planning: Helping the District of Columbia Plan-

Id. at § 108(f)(1)(x).

ning Process, PROGRESS, July-Aug. 1995, at 5.

71. Telephone Interview with Alice Hubbard, Senior Research Associate, Rocky

Mountain Institute (Nov. 21, 1995).

72. Pucher et al., supra note 61, at 391.

73. BUREAU OF TRANSP. STAT., DEP'T. OF TRANSP., MINNESOTA'S ISTEA AREA TRANSPORTATION PARTNERSHIPS: A SUB-STATE, MULTI-COUNTY GEOGRAPHIC BASIS FOR MAKING TRANSPORTATION INVESTMENT DECISIONS 4 (1995) [hereinafter AREA TRANSPORTATION PARTNERSHIPS], available on the INTERNET, BTS WWW Site, http:/ /www.bts.gov/smart/cat/minn.html (on file with author).

74. Id. 75. House Appropriations Transportation FY96: Transportation Appropriations:

Hearings Before the Subcomm. on Transportation Appropriations, 104th Cong., 1 st Sess. (1995) (statement of Allen Greenberg, Government Relations Director, League of American Bicyclists) Federal Document Clearing House Congressional Testimony, Mar. 21, 1995, available in LEXIS, News Library, CURNWS File.

76. HUTCHINSON LIGHT TRAFFIC PROJECT, THE HUTCHINSON LIGHT TRAFFIC

PROJECT ACTION PLAN 4 (1994).

77. Id. at 11. 78. Id. at 4. 79. Telephone Interview with Bob Works, Assistant Program Director, Minnesota

Department of Transportation (Nov. 20, 1995) [hereinafter Works].

80. Telephone Interview with Rod Pletan, Director of Office of Maintenance, Min-

nesota Department of Transportation (Mar. 25, 1996)..

81. Id. 82. Id. 83. HUTCHINSON LIGHT TRAFFIC PROJECT, supra note 76, at 5. 84. HUTCHINSON LIGHT TRAFFIC PROJECT, supra note 76, at 5. 85. HUTCHINSON LIGHT TRAFFIC PROJECT, supra note 76, at 5. 86. HUTCHINSON LIGHT TRAFFIC PROJECT, supra note 76, at 5. 87. Works, supra note 79.

88. HUTCHINSON LIGHT TRAFFIC PROJECT, supra note 76, at 7. 89. HUTCHINSON LIGHT TRAFFIC PROJECT, supra note 76, at 7. 90. Laurie Blake, A Test of Alternative Travel; Hutchinson Chosen as Showcase City in State Projectfor Walking/Biking Paths, MINNEAPOLIS STAR-TRIB., Nov. 17, 1993, at lB.

91. Id. 92. Dan Wascoe, Jr. & Jill Hodges, Hutchinson Hit by Cuts at Magnetic Tape

Plant, MINNEAPOLIS STAR-TRIB., Nov. 15, 1995, at IA.

93. Works, supra note 79. 94. Works, supra note 79. 95. Works, supra note 79. 96. Works, supra note 79. 97. HUTCHINSON LIGHT TRAFFIC PROJECT, supra note 76, at 5. 98. Works, supra note 79.

99. Works, supra note 79. 100. Works, supra note 79. 101. See AREA TRANSPORTATION PARTNERSHIPS, supra note 73, at 13. 102. These other programs may include, but are not limited to, highway improve-

ments, bikeway construction, and long-term transportation planning efforts.

103. Works, supra note 79. 104. HUTCHINSON LIGHT TRAFFIC PROJECT, supra note 76, at 6. 105. HUTCHINSON LIGHT TRAFFIC PROJECT, supra note 76, at 8. 106. HUTCHINSON LIGHT TRAFFIC PROJECT, supra note 76, at 8. 107. HUTCHINSON LIGHT TRAFFIC PROJECT, supra note 76, at 8. 108. HUTCHINSON LIGHT TRAFFIC PROJECT, supra note 76, at 10. 109. HUTCHINSON LIGHT TRAFFIC PROJECT, supra note 76, at 7. 110. HUTCHINSON LIGHT TRAFFIC PROJECT, supra note 76, at 15.

I II. HUTCHINSON LIGHT TRAFFIC PROJECT, supra note 76, at 12. 112. HUTCHINSON LIGHT TRAFFIC PROJECT, supra note 76, at 14. 113. This section states that metropolitan planning organizations (MPOs) should have several objectives in developing transportation systems, including the reduction of air pollution. To achieve these ends, MPOs "in cooperation with the State, shall develop transportation plans and programs for urbanized areas of the State." ISTEA, supra note 63, § 134(a)-(b) at 105 Stat. 1955.

114. Wascoe & Hodges, supra note 92. 115. Finnish Company to Open Facility in Hutchinson, PR Newswire, May 22,

1995, available in LEXIS, News Library, CURNWS File.

116. Id.

117. Works, supra note 79. 118. Works, supra note 79. 119. Works, supra note 79. 120. Blake, supra note 90. 121. Works, supra note 79. 122. Works, supra note 79. 123. HUTCHINSON LIGHT TRAFFIC PROJECT, supra note 76, at 13. 124. Blake, supra note 90. 125. Telephone Interview with Paul Keranen, Maintenance Operations, Minne-

sota Department of Transportation (Mar. 25, 1996) [hereinafter Keranen].

126. Concern over air pollution emissions resulting from transportation, which account for almost all of Finland's lead and CO emissions. ORGANIZATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT, ENVIRONMENTAL POLICIES IN FINLAND 145-47 (1988). This has undoubtedly been a factor in the development of Finland's pedestrian/bicycle policy.

127. WHITELEGG, supra note 4, at 122. 128. U.S. DEP'T OF TRANSPORTATION, NATIONAL BICYCLING AND WALKING STUDY, CASE STUDY NO. 16, A STUDY OF BICYCLE AND PEDESTRIAN PROGRAMS IN EUROPEAN COUNTRIES 9 (1992) [hereinafter NATIONAL BICYCLING AND WALKING STUDY].

129. Id. 130. Id. 131. Telephone Interview with Bob Works, Assistant Program Director, Minnesota

Department of Transportation (Mar. 22, 1996).

132. Keranen, supra note 125. 133. See NATIONAL BICYCLING AND WALKING STUDY, supra note 128, at 6.

134. Life in the Bike Lane: A Recent Report Points Out How Cities and Counties Can Help Make Wheels and Feet Viable Forms of Alternative Transportation, American City & County, Oct. 1994, available in LEXIS, News Library, CURNWS File.

135. Id. 136. Id.

t The author would like to thank his parents, Richard and Marie Fong, and his family for their love and support. He would also like to thank Owen Bailey, Michael Bergsman, Don Chen, JoAnn Glassier, Alice Hubbard, Paul Keranen, Rod Pletan, and Bob Works for their help and ideas.