TY - JOUR
T1 - Are Traffic Studies “Junk Science” That Don’t Belong in Court?
AU - Currans, Kristina M.
AU - Stahl, Kenneth A.
N1 - Funding Information: While this manuscript was not directly sponsored, Kristina M. Currans has received grants and funding from public agencies to collect multimodal transportation impact study data and find ways to improve TIA-related methods in academia and practice. Kenneth A. Stahl is a practicing land use attorney who represents local California land developers and housing groups. Publisher Copyright: © 2023 American Planning Association, Chicago, IL.
PY - 2023
Y1 - 2023
N2 - Jurisdictions rely heavily on traffic impact analyses (TIAs) to predict the traffic impacts of projects and calibrate appropriate mitigations. But TIAs are also litigation tools: Jurisdictions use them to satisfy courts that their land use decisions are supported by substantial evidence, or evidence that is credible and reliable. The problem, as we discuss in this Viewpoint, is that TIAs are not consistently credible and reliable. We explore some common criticisms—and provide a brief overview of a growing literature—regarding underlying vehicle estimation methods in practice that demonstrates the ways in which TIAs are widely flawed. Historically, courts have not expected much from TIAs, but our analysis shows a tipping point in which courts may begin to question whether conventional TIA methods constitute substantial evidence, suggesting an important need to innovate and adopt new data and methods in practice.
AB - Jurisdictions rely heavily on traffic impact analyses (TIAs) to predict the traffic impacts of projects and calibrate appropriate mitigations. But TIAs are also litigation tools: Jurisdictions use them to satisfy courts that their land use decisions are supported by substantial evidence, or evidence that is credible and reliable. The problem, as we discuss in this Viewpoint, is that TIAs are not consistently credible and reliable. We explore some common criticisms—and provide a brief overview of a growing literature—regarding underlying vehicle estimation methods in practice that demonstrates the ways in which TIAs are widely flawed. Historically, courts have not expected much from TIAs, but our analysis shows a tipping point in which courts may begin to question whether conventional TIA methods constitute substantial evidence, suggesting an important need to innovate and adopt new data and methods in practice.
KW - courts
KW - judicial review
KW - new development
KW - substantial evidence
KW - traffic impact analyses (TIAs)
KW - traffic impacts
KW - trip generation
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U2 - https://doi.org/10.1080/01944363.2022.2136735
DO - https://doi.org/10.1080/01944363.2022.2136735
M3 - Article
SN - 0194-4363
JO - Journal of the American Planning Association
JF - Journal of the American Planning Association
ER -