Land Use

On This Date in History: Property Rights Won Big in the Supreme Court

June 29, 1992 was a great day for property rights advocates. But what came later wasn’t so good.

On this date in 1992, the property rights movement achieved its greatest victory in the form of the Supreme Court’s Lucas ruling. The campaign to protect property rights seemed to have huge momentum.  But things didn’t work out that way. For property rights advocates, Lucas turned out to be a false dawn. Mr. Lucas owned …

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Surprise! Major Land Conservation Bill Poised to Pass Congress

Republican-Led Senate Prepared to Preserve Public Lands–and Political Careers?

Over the past decade, we’ve become resigned to the sad fact of congressional gridlock: a hopelessly partisan and paralyzed Congress, seemingly unable to pass major legislation on the environmental protection, natural resource conservation or, indeed, any number of other policy fronts. So it has to come as a  shock to most observers that this week …

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Environmentalists Can Help Address Racism Through Housing Policy

Restrictive local zoning affects both the environment and racial justice

As the United States grapples with issues of racism and police brutality in the wake of the killing of George Floyd by Minneapolis police officers, environmentalists need not be bystanders in the debate over solutions. As Claudia and Steve argued on this blog, environmentalism has multiple opportunities to help address institutional racism, though few issues …

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(Still More) Bad News on the Doorstep

New Reports Document Accelerating Wildlife Extinctions, Global Deforestation Trends

While public attention in recent weeks and months has understandably focused on the COVID-19 pandemic and the racial justice shockwaves triggered by George Floyd’s tragic death, another disaster continues apace. This week the New York Times published two alarming stories documenting the accelerating decline of our global environment.  The first, entitled “Extinctions Are Accelerating, Threatening …

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Trees Will *Not* Solve Climate Change

Pine tree plantation, near Thetford cc-by-sa/2.0 - © Bob Jones - geograph.org.uk/p/517891

The authors of a controversial, influential paper backtrack — again

Last summer, I pointed to a then-new paper in Science that concluded that planting trees could remove two-thirds of historical anthropogenic carbon dioxide emissions from the atmosphere at very low costs. At the time, I characterized the claims in it and the associated media communications as “misleading, if not false, as well as potentially dangerous.” …

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What Are The Benefits Of Phasing Out California’s Oil & Gas Production?

Emissions should decrease but multiple factors complicate any predictions

It might seem obvious that phasing out oil and gas production in California would benefit the climate. But the reality is much more complicated, in terms of emissions, economics and even geopolitics. CLEE just released the report Legal Grounds with policy options to reduce in-state production, but the question of how much a phase out …

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Top 10 Worst Environmental Decisions in California’s History

Ranking the lost landscapes and environmental features

California has a paradoxical history with its environment. On one hand, the state boasts incredible natural beauty, along with a government that is an internationally recognized leader for strong environmental policies. But the state’s residents have also caused severe environmental destruction, particularly in the late nineteenth century — some of which helped spur the mobilization …

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Coastal Beaches, Public Access & the Pandemic

Important Legal & Policy Considerations in Closing Beaches to Protect Public Health

As part of America’s steadily growing restiveness over state and local shelter-in-place directives, the issue of government-mandated public beach closures has recently emerged as a particularly contentious issue.  It’s especially prominent now, given that many coastal states are experiencing their first heat waves of 2020. Many Americans are increasingly weary of and angry over public …

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Roadmap For California To Phase Out Oil & Gas Production

New CLEE report released today with legal options for state policy makers & free May 12th webinar

California is the seventh-largest oil producing state in the country, with a fossil fuel industry that is responsible for billions of dollars in state and local revenue and other economic activity each year. Yet continued oil and gas production contrasts with the state’s aggressive climate mitigation policies, while creating significant air and water pollution, particularly …

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Are Pandemics An Argument Against Cities?

COVID-19 spread shows governance matters more than density

With the COVID-19 virus shutting down cities and countries all over the world, anti-urban advocates are seizing the moment to argue that pandemics prove urban density is bad. For example, longtime sprawl booster Joel Kotkin argues that shelter-in-place orders and fear of contagion will push people to demand more lower-density homes, far from crowded and …

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