BE A NIMBY

Spring/Summer 2004

By Matthew Atkinson

Time and again, I hear the acronym NIMBY (Not In My Backyard) used as an expletive to describe the derided self-interest of members of the public who oppose various projects and developments on environmental grounds. As is often the case, the developer paints him or herself as a victimized and misunderstood average person just trying to live the "American Dream".

Nonsense, Orwellian "double speak." Project sponsors are some of the most self-interested persons on earth when it comes to furthering their projects. I was in real estate development for years. I was not a bad person, capable of all kinds of charity, but getting the deal done put bread on the table. In order to protect the environment, including our backyards, "we the people" adopted statutory and regulatory controls to promote a level playing field that protects the environment upon which necessary and valuable business interests may proceed. The key to a level playing field is the consistency with which our laws are enforced, and the key to consistency is a vigilant public. NIMBYs should be held in honor.

Environmental law was born in our backyards. The earliest environmental controls arose under the common law doctrine of nuisance that prohibits activities that conflict with the peaceful enjoyment of our own backyards. Specific controls on hazardous waste and the pollution of our air and water followed, because when our backyard waters caught fire and spawned deformed fish, we took possession of our planet and required businesses and municipalities to control their pollution as a cost of doing business.

Government enforcement of our laws can vary by administration - sometimes we are not so vigilant about our backyards. Large and small projects are approved without adequate review. Public agencies can be overworked, uninformed or politically compromised. In our foresight, we created laws that provide for public participation and enforcement of the processes and standards designed to protect our environment. But even with these safeguards, the self-interest of a private citizen may amount to very little compared to an individual or corporation that has millions of dollars at stake. Then, if we perceive our backyards as small and isolated, we are helpless when our regulatory system fails. To offset this disparity, we combine our smaller interests to create civic associations and organizations such as the Peconic Baykeeper to represent and defend our collective backyard. Share in the backyard where environmental law began. Get involved, be a NIMBY.