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HomeHorse Law NewsTitle: "The Illusion of Smart Growth: A Cautionary Perspective on Vermont's Development...

Title: "The Illusion of Smart Growth: A Cautionary Perspective on Vermont’s Development Policies"


Economist Kenneth Boulding famously said, “Anyone who believes that exponential growth can go on forever in a finite world is either a madman or an economist." Boulding’s words came to mind recently during VNRC’s Smart Growth Conference in Montpelier, which I attended.

Don’t get me wrong. Smart growth includes admirable principles, like restricting sprawl and "protecting environmental, natural and historic features." But these goals are only aspirational. And the term "features" reveals a superficial understanding of what is at stake.

What concerns me most about "smart" growth is that it isn’t fundamentally different from conventional growth. It’s … growth, with different branding. And at the conference it became clear that the term has become a tool in a coordinated effort to weaken or eliminate regulations that prevent rampant exploitation of Vermont’s environment. Without those laws, the development floodgates will open. Developers don’t care about aspirations. They care about profits.

To put it bluntly, smart growth is a Trojan horse for developers.

Kevin Chu of the Vermont Futures Project and member of the conference’s panel of speakers, told us that his parents emigrated from China in the late 1980s. They moved to Shelburne and found Vermont to be a friendly and welcoming place. They worked hard, raised three boys, and sent them to college. Chu is understandably motivated to help us return to a time when such opportunities were plentiful.

But then his tone changed: "We must acknowledge the history of how we arrived at today," he said, and then read from a segment of VPR’s Brave Little State: “Act 250 has contributed to racial inequity in Vermont. There is some indication that racist fears shaped the law from the very beginning." The "indication" is a disparaging remark about fast food joints made by governor Deane Davis, who advocated for and signed Act 250 into law in 1970. Governor Davis was concerned about the impacts of the sudden surge in development happening at that time.

Environmental historian Bruce Post, author of The Mountain Manifesto, explained that Vermont’s land use laws emanated from a groundswell of environmental concerns in the late 60s. Many Vermonters helped to frame the debate that led to the Gibb Commission and ultimately to Act 250 and other environmental measures. Vermonters were motivated by a desire to protect the land they loved from unchecked development, especially around ski areas. Governor Davis was worried about developers with big money paving over Vermont, not about people of color moving here.

Anyone who lived through the 60s and 70s can remember the collective cultural awareness that Nature must be defended from the voracious appetite of industrial civilization. The overarching goal of Act 250 was to find some balance between economic growth and the continued health of the land. Governor Davis opened the 1970 Legislature by calling for a commission to review the impacts of growth: "humans are an inescapable part of an intricate system of life and growth that begins with air, soil, and water and includes myriad forms of life and activity on which we are mutually dependent." Among Governor Davis’s goals were restrictions on pesticide use, a ban on development at elevations above 2,500 ft, and restrictions on development in flood plains and lakeshores.

Carol Irons, former Vice Chair of Vermont’s Commission on Native American Affairs, put it this way: "There are plenty of examples of racism in Vermont’s history, but Act 250 isn’t one of them."

Act 250 isn’t a racist law, but describing it as one serves to undermine legislation that developers see as an obstacle.

Many people long to return to a time when possibilities and opportunities seemed endless. Gutting Act 250 will not bring that back. In fact, Act 250 was in full force during the era that Chu remembers so fondly. Act 250 isn’t to blame for the housing or affordability crises we face today – these problems are global.

The reason for these crises is that industrial civilization has exceeded its limits. As discomforting as this is, it behooves us to face it. Rather than attempting to expand the state’s population by 135,000, as the Vermont Futures Project proposes, we need a statewide discussion about how to ensure a decent life for those who live here now; about the failures of our existing infrastructure (especially municipal wastewater treatment plants); about the relationship between housing shortages and the explosion in short-term rentals; about Vermont’s carrying capacity and the consequences of ecological overshoot.

As we enter an uncertain future, author Wendell Berry provides a valuable perspective: "We have lived by the assumption that what was good for us would be good for the world. … We have been wrong. We must change our lives, so that it will be possible to live by the contrary assumption, that what is good for the world will be good for us."

That’s not "smart," that’s wise.

Suzanna Jones is an off-the-grid farmer who lives in Walden. Opinions expressed by columnists do not necessarily reflect the views of Vermont News & Media.

The article critiques the concept of “smart growth,” arguing that it serves as a rebranding of conventional growth rather than a genuine shift in approach. While smart growth aims to limit sprawl and protect the environment, the author contends that it ultimately prioritizes developer profits over meaningful environmental protections. The term has become a tool to weaken regulations like Act 250, which was established to balance economic growth with environmental health.

The author references Kevin Chu, who highlights the historical context of Act 250, noting that it was born from a collective desire to protect Vermont’s land from unchecked development. The article counters claims that Act 250 is rooted in racism, asserting that it was designed to address environmental concerns rather than demographic fears. This mischaracterization undermines vital legislation that serves as a barrier against exploitative development practices.

Finally, the article emphasizes the need for a broader discussion about Vermont’s future, focusing on sustainable living and the limitations of industrial civilization. It argues against simply expanding the population and instead advocates for addressing existing infrastructure challenges and ecological limits. The author concludes with a call for wisdom over mere smartness, suggesting that true progress lies in aligning human needs with the health of the planet.

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Title: "Legacy Downs Kicks Off Live Racing Season in Lincoln, Revitalizing Nebraska’s Horse Racing Industry"

It’s off to the races at Legacy Downs in Lincoln on Friday, the racetrack’s first day of live racing.

The track will host around 90 races in the next five weeks, the most extensive slate of racing in Lincoln since the closure of State Fair Park more than a decade ago.

The expanded racing is helping keep Nebraska horse owners, jockeys, and caretakers in the state while generating more betting revenue, said Lynne McNally, CEO of the Nebraska Horsemen’s Benevolent and Protective Association (NHBPA).

McNally said live racing is uniquely exciting for horse racing fans.

“You really have to be there to experience it,” she said. “It’s just a one-of-a-kind experience that everybody would enjoy.”

NHBPA is a group of horse owners and trainers from around the state. It owns two tracks—Legacy Downs and Horsemen’s Park in Omaha—and is partnering with WarHorse Casino for the live meet. McNally said the betting revenue is valuable for the industry.

“We use the revenue that we generate from our share of the casino revenue to put into live horse racing, which promotes live racing and horse breeding in the state as well,” McNally said.

McNally said Nebraska was a leader in horse racing until the historic Ak-Sar-Ben racetrack in Omaha closed in 1995. She and the NHBPA worked to get three ballot initiatives to voters in 2020, aiming to regulate and tax casino gambling at Nebraska racetracks. All three measures passed.

Most of the taxable gambling revenue goes toward property tax relief, while counties and cities where the racetrack casinos are located get the second-largest cut.

As Nebraska looks to become a horse racing front-runner again, long racing seasons serve as incentives to keep racers in the state. When there are off-weeks and a lack of races, racers need to leave the state to find races, which McNally says the industry is trying to prevent.

“We’re hoping to increase days to the point where, if you’re a Nebraska horseman and you would like to stay in the state and run all year, you will be able to do that and support yourself financially,” McNally said.

Nebraska law requires at least one race per day of racing to include Nebraska-bred racehorses, and 3% of the prize money must go to the horse’s breeder. This, and many other legal measures surrounding Nebraska horse racing, aim to keep money in the state’s racetrack industry, she said.

The purse money for this year’s Legacy Downs races ranges from $20,000 to $30,000 per race. The races are free and open to the public, and those over 21 can take part in betting.

McNally said Gov. Jim Pillen will be at Legacy Downs on Friday to lead the post-parade on horseback.

There are 33 total weekends of horse racing in Nebraska this year, with the first races having occurred at Grand Island’s Fonner Park from Feb. 15 to last weekend. Legacy Downs’ live meets continue until June 8, after which Harrah’s Racing & Casino in Columbus will host a month of racing and then Horsemen’s Park in Omaha will close out July with two weekends of racing.

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