Search Results for: NEPA
On the risks of CEQA exemptions
In the course of a very good post about the benefits of environmental review statutes such as CEQA, Jonathan ascribed to me the position that “policymakers should [not] continue to look for useful exemptions to CEQA” based on a prior post that I had written opposing recent (now enacted) legislation creating limited exemptions from CEQA …
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CONTINUE READINGNinth Circuit Dumps U.S. Forest Service’s Sierra Plan, Bureaucratic-Speak
The U.S. Court of Appeals recently issued a major decision invalidating the U.S. Forest Service’s 2004 Plan directing the USFS’s management of the 11 national forests (totaling 11.5 million acres) in the Sierra Nevada range. A divided Ninth Circuit panel found that the environmental impact statement accompanying the Bush Administration plan–which loosened logging and grazing …
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CONTINUE READINGOn This Date in History
Exactly forty-two years ago, President Richard M. Nixon signed the National Environmental Quality Act into law on January 1, 1970. Among other remarks, he had this to say: [A] major goal, when you talk about New Year’s resolutions, I wouldn’t say for the next year but for the next 10 years–and I don’t mean that …
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CONTINUE READINGFour Great Republican Environmental Leaders
Teddy Roosevelt was an early conservation, who fought even as a young man to help preserve Yellowstone National Park from commercial exploitation. As President, he created the national forest system, TR created the Tongass and the Chugach forest reserves in Alaska. In Hawaii, he set several small islands aside as the Hawaiian Islands Bird Reservation, …
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CONTINUE READINGTenth Circuit upholds Clinton-era Roadless Rule
You wouldn’t think courts would still be deciding, late in 2011, whether actions taken by the Clinton Administration were lawful. But they are. Late last month, the Tenth Circuit upheld the Roadless Rule for national forests issued at the very end of the Clinton presidency. The Roadless Rule, which largely prohibited road construction and timber …
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CONTINUE READINGCatching up with ELQ
While I was taking a hiatus from blogging, ELQ published not just one but two issues. Check out Volume 38, Issue 1, featuring: Michelle Bryan Mudd, A “Constant and Difficult Task”: Making Local Land Use Decisions in a State with a Constitutional Right to a Healthful Environment? Alexandra B. Klass, Property Rights on the New …
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CONTINUE READINGAssessing the California Environmental Quality Act at 40
On Friday, November 4th, the U.C. Davis School of Law’s California Environmental Law & Policy Center will host an important conference: “CEQA at 40: A Look Back, and Ahead.” This year marks the 40th anniversary of California’s influential environmental law, the California Environmental Quality Act (CEQA). Modeled on and inspired by the National Environmental Policy Act …
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CONTINUE READINGA dangerous bill
California is known in the United States for its aggressive environmental laws, some of the most aggressive in the United States. One of the key reasons for that reputation is the California Environmental Quality Act (CEQA). CEQA is similar to the federal National Environmental Policy Act (NEPA) in that it requires a public review of …
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CONTINUE READINGA Judicial Win for PACE Clean Energy Financing
Finally, some good news from the courts for advocates of PACE financing for energy efficiency and renewables. Federal Judge Claudia Wilken in the Northern District of California issued a ruling late Friday on the Federal Housing Finance Authority’s (FHFA) motion to dismiss a challenge from the Sierra Club, Placer and Sonoma Counties, Palm Desert, and …
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CONTINUE READINGLibertarians for Environmental Red Tape!
Libertarians have long castigated environmental review statutes, such as NEPA and CEQA, for trampling private property rights, the theory being that they make developing property so difficult and expensive that they are tantamount to disrupting those right. That’s why it was so odd to see the Pacific Legal Foundation advocating for more prolix environmental …
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