HBA of Lane County v. City of Eugene (Climate Change)

Court

Oregon Land Use Board of Appeals

NAHB Involvement

Amicus

The HBA of Lane County challenged a municipality's amendments to its building code that would make higher density, multifamily development impossible in an area zoned for this type of development. The municipality only made these code changes after a developer announced its intention to build student housing.

NAHB's and the Oregon HBA's interest in the case concerns the municipalities’ failure to consider how its decision might affect the emissions of greenhouse gases (GHGs). Simply put, because the locality did not allow for the project, more people will be required to drive further distances, which will increase GHG emissions.

The HBA filed its petition with the Land Use Board of Appeals (LUBA), and filed its brief on April 3, 2009. NAHB and the Oregon HBA's amicus brief was filed April 24, 2009.

On June 12, 2009, LUBA found in favor of the HBA on some claims and in favor of the city on others. LUBA accepted NAHB's theory on GHG emissions, but found there was not enough evidence in the record to support it. NAHB's participation is now complete.