Rosenbloom: Sacrifice Zones

In Sacrifice Zones, author Jonathan D. Rosenbloom (Albany Law) proposes a new way to analyze the intersection of climate change and land-use zoning laws.

Rosenbloom first argues that current zoning laws are not designed or equipped to address climate issues. Zoning laws and regulations have generally been shaped by what has happened in the past. For example, regulations for building a water dam will be set by historic water levels. By focusing on the past, zoning laws are unable to adapt to a changing climate. Further, zoning laws are typically implemented on a local level, which Rosenbloom asserts often fails to effectively address the macro nature of climate change. 

Rosenbloom then introduces a new take on “sacrifice zones” as a way to address the pitfalls of current zoning law. The notion of sacrifice zones in academic literature has typically referred to areas of land subject to the adverse conditions of pollution. Sacrifice zones are often identified where the law favors certain interests, such as mining or manufacturing, at the expense of the land itself or the communities situated in the zone. Rosenbloom proposes a new definition of sacrifice zones which instead refers to a legal mechanism designed to address climate issues. This new perspective views sacrifice zones not as a wasteland, but as an opportunity to restore depleted ecosystems.

Implementing this new perspective requires clear criteria both for determining what constitutes a sacrifice zone and what we actually do once a space is so designated. Rosenbloom proposes several criteria for lawmakers to consider, ranging from the frequency of natural disasters to the demographics of a space’s inhabitants. Rosenbloom also emphasizes that criteria should not further disadvantage already marginalized communities. Once designated, Rosenbloom proposes several steps lawmakers may take to restore sacrifice zones. These steps range from tax benefits to removing human habitation entirely.

Sacrifice Zones presents a unique take on ways local governments can address climate issues and invites further consideration of how zoning laws may be adapted to better address new and ever-changing climate issues.