ABSTRACT

Zoning discriminates between residential, commercial, and manufacturing uses, between various types of residences, and various types of commercial enterprises and manufacturers. “Exclusionary zoning” took an almost infinite number of forms directed at engineering not merely population density but also population growth and even social selection. In 1975, the New Jersey Supreme Court declared that one such set of ordinances violated the state constitution. The East Bibb case is only one of the more tendentious of a new category of cases arising in the environmental context. These cases all concern the relationship between those who benefit from the environmental movement in terms of cleaner, more pleasant surroundings and those who don’t, who believe that they have been discriminated against on racial, ethnic, or social grounds.