Year: 2013
What IS a Nuisance, Anyway?
If you’re a Property teacher, you have probably taught nuisance law. If you are a Land Use teacher, you have probably taught Lucas v. South Carolina Coastal Council, which relies on nuisance law to establishing “inherent limitations on title.” More specifically, you have probably taught the Restatement standard for nuisance, which states that an activity …
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CONTINUE READINGTakings, Standing, and Those Nasty Neighbors
Most lawyers reading this page are familiar with Nollan v. Calif. Coastal Comm’n, the 1987 Supreme Court case holding that exactions in exchange for land use permits must show an “essential nexus” between the purported harm generated by the permit and aims of the exaction. (More precisely, Nollan gave heightened scrutiny to finding that nexus.). …
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CONTINUE READINGNinth Circuit takes up NRDC v. Salazar en banc
The Ninth Circuit today issued an order granting rehearing en banc in NRDC v. Salazar, meaning that an 11-member panel will now reconsider the 3-judge panel decision issued last July. (Hat tip: Endangered Species and Wetland Report.) This is very good news, because the (split) panel decision was wrong in important respects. (Full disclosure — …
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CONTINUE READINGCan Universities Be The Future Home of Environmental Journalism?
Consider me somewhat skeptical of the arguments, well-presented by Jayni, that The New York Times’ killing of the Green blog will somehow enhance the paper’s environmental coverage. It reminds me a little of the attempts of law schools to teach ethics not with a specific class but with the suffusion method: it’s an easy way …
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CONTINUE READINGAn ELQ twofer
My apologies to the folks at ELQ — I missed their last publication date. (Hint: please send one of us a heads up when an issue comes out if you want it posted on LP.) So here are links to the articles in the latest two issues, Volume 39 issues 3 and 4. Of course, …
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CONTINUE READINGA Great New Appointment: Edith Ramirez as FTC Chair
President Obama has appointed Edith Ramirez to chair the Federal Trade Commission; since she already serves on the FTC, this thankfully does not require Senate confirmation. It’s a terrific appointment. I have known Edith for about 15 years now; we served together on the board of the Los Angeles Center for Law and Justice, one of …
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CONTINUE READINGNew York Times Says Farewell to “Green Blog” and Environment Desk
A few days ago, the New York Times cancelled its “Green Blog,” dedicated to environmental and energy news. The Times told readers to look for environmental policy news on the “Caucus blog,” dedicated to politics, and energy technology news on the “Bits blog,” dedicated to the business of technology. The demise of the Green Blog came less than two …
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CONTINUE READINGLaw 2050 — a new “legal futurism” blog
JB Ruhl at Vanderbilt University has launched a new blog called Law 2050. He describes the blog as “a forum for envisioning the future of law, legal practice, and legal education,” or in shorthand “legal futurism.” That’s obviously not limited to environmental law, but his examples (not to mention the fact that JB has been …
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CONTINUE READINGGina McCarthy to be nominated as EPA head
As predicted by Cara recently in this space, it’s being widely reported (for example here) this morning that Gina McCarthy, currently EPA’s Assistant Administrator for the Office of Air and Radiation, is Obama’s pick to succeed Lisa Jackson as EPA Administrator. Cara sees this appointment as a good thing for EPA’s climate policy efforts and …
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CONTINUE READINGEnvironmental Law and the Two-Year Law Degree
There’s been talk recently about requiring lawyers to have only two years of law school, maybe with a follow-on year of apprenticeship. If this change takes place, will students still be able to study specialized courses like environmental law? For instance, to get an environmental law certificate at Berkeley, at student needs to take six …
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