Evaluating the claim that future environmental regulations have already made California the nation’s worst place to do business
I'm reasonably sure that chiefexecutive.net's annual listing of "Best/Worst States for Business" isn't most people's go-to source for information comparing various states' business climates. Nonetheless, the website's annual survey just came out, and the Sacramento Bee is covering it as a story (with a promise of more coverage to come). California -- as usual -- came out last, and Texas has maintained its number-one ranking. “No one in his right mind would start ...
CONTINUE READINGWhat Is a “Facial” Takings Claim?
Interesting and frustrating new case out the 10th Circuit, Alto Eldorado Partners v. County of Santa Fe, which doesn't appear to have gotten coverage from Takings lawyers and scholars and probably should. The case involved a challenge to Santa Fe County's inclusionary zoning ordinance, and it carries potential important federalism issues; it also raises -- although then runs away from -- a question that federal courts have been skirting around the last few years: wha...
CONTINUE READINGNew Legal Planet iPhone/iPad app provides easy mobile access to blog
I know many of you wake up daily wondering whether there might ever be a way to bring Legal Planet directly to your iPhone or iPad, with features such as push notifications, easy scanning and scrolling of recent content, designation of unread and previously-read posts, saving of favorites, and easy emailing of posts to friends and colleagues. Now that the free Legal Planet app has arrived in the App Store, you need not wonder any longer! Here's the official descript...
CONTINUE READINGThe New Public Trust Climate Cases
Per the New York Times this morning, a group of environmental organizations called Our Children's Trust has filed a lawsuit against the state of California, arguing for protection of the atmosphere under the public trust doctrine (about which I blogged a couple of days ago). A few preliminary reactions after having read the complaint quickly: Not much of a surprise concerning the cause of action: public trust theories about atmospheric protection have been bouncing...
CONTINUE READINGParking, Infill, and Affordable Housing
The Infill Builders' parking bill that I blogged about this morning just passed unanimously out of the Assembly Local Government committee this afternoon, overcoming perhaps its biggest hurdle to ultimate passage. Although one would expect local governments to oppose a state bill that limits their ability to demand excessive parking for transit-oriented development, opposition to AB 710 has come from a much more unlikely source: affordable housing advocates. Testifying ...
CONTINUE READINGInfill Builders at the State Capitol
Part of my work with UC Berkeley and UCLA involves gathering business leaders to discuss opportunities presented by climate change policies. In the case of real estate development, the common refrain from sustainable developers seems to be to tell government to get out of their way and let them build more walkable, mixed-use communities around the state's major transit hubs. That was part of the message we heard back in March 2009 at our first gathering in the series...
CONTINUE READINGAnother victim of the budget deal: key US greenhouse gas data?
It was my wonderful law school professor Gary Blasi who first introduced me to the idea that "what gets measured, gets done." I'm thinking of him and reading this news in some mixture of awe (at our seeming collective ability to ignore problems) and anger (at same): The final fiscal year (FY) 2011 budget provides $95.4 million for the U.S. Energy Information Administration (EIA), a reduction of $15.2 million, or 14 percent, from the FY 2010 level. "The lower FY 201...
CONTINUE READINGCan Six-year-olds Understand the Tragedy of the Commons?
Maybe not. But perhaps eight-year-olds can. Last Wednesday morning, I showed up for my weekly library volunteering at my daughter's first grade class. School cutbacks meant that the librarian wasn't there, so the teacher, another parent and I had to make do. The display was about Earth Day, since I had to find a book to read to the kids -- fast -- my eye settled upon what looked to be a pretty interesting story: Molly Bang's Common Ground: The Water, Earth, and...
CONTINUE READINGThe Public Trust Doctrine: A Prophet Without Honor
Michael C. Blumm and R.D. Guthrie of Lewis & Clark Law School have an interesting new paper soon to appear in the U.C. Davis Law Review, pointing out that the public trust doctrine has assumed enormous significance in the jurisprudence of several countries around the world, including India, Pakistan, the Philippines, Uganda, Kenya, South Africa, Brazil, and Canada. (h/t: PropertyProf Blog) This is something of an irony, because of course the modern version of ...
CONTINUE READINGChris Christie: A Moron AND A Hypocrite!
The New York Times reports this morning: The Christie administration, lenders and a new developer have reached a deal to revive the vast Xanadu entertainment and retail complex, which sits forlorn and unfinished along a stretch of New Jersey highway after having burned through two owners and $1.9 billion, people involved in the negotiations said Thursday. The plan: make it even bigger, give it a new name and slap a new skin on the much reviled exterior walls of the 2.4...
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