Land Use
Property, Fairness and the Public Interest (Another Glimpse of the Cathedral)
Why do we recognize some things as “property” and what does it mean to do so? A hugely influential law review article, published over forty years ago, made a valiant attempt to clarify the nature of property law. Looking back on the article and at developments since then, however, only makes it clearer that “property …
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CONTINUE READINGCalifornia Supreme Court to Decide Whether the Mining Law Preempts State Ban on Suction Dredge Mining
Court’s Decision May Affect State’s Ability to Regulate Activities on Federal Lands
The California Supreme Court recently accepted a case that may make it more difficult for the state to protect the environment from the damaging impacts of mining. At issue is the state’s ban on suction-dredge mining in streambeds. Californians engaged in suction-dredge mining have vigorously fought against the state’s ban, and a panel of the …
CONTINUE READINGZero Trash
Using the Clean Water Act to Control Marine Debris in California
This post is cross-posted on EcoPerspectives, the environmental law and policy blog of the Vermont Journal of Environmental Law. Let’s talk trash. Human-generated stuff that ends up in the ocean, termed “marine debris” or “marine trash,” presents a critical ocean and coastal management challenge. Trash can be found on coastlines and in seawater worldwide, from …
CONTINUE READINGCalifornia Finally Breaks Ground On High Speed Rail Today
Six years and many lawsuits and political compromises after voters approved it
It’s been over six years since California voters approved a bond measure to fund a two-hour-and-forty-minute Los Angeles to San Francisco high speed rail system. Today groundbreaking finally takes place in Fresno. In the intervening six years, lawsuits and political compromises have delayed the system and likely made the timetables promised to voters impossible to …
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CONTINUE READINGLocal Planning For Solar Energy — Berkeley Law Webinar
Free event on December 11th, 10-11am, features the Governor’s Office of Planning and Research
The webinars keep coming! Berkeley Law is hosting another free webinar next week on best practices for integrating integrating small- and medium-scale solar energy policies into local general plans. Joining us once again will be Chris Calfee from the Governor’s Office of Planning and Research (OPR), who will provide the latest on the general plan …
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CONTINUE READINGInfill Planning Webinar — Tuesday, December 9th, 10-11am
Berkeley Law will host the free event, which features the Governor’s Office of Planning and Research
UC Berkeley Law is hosting a free webinar on best practices for integrating infill-supportive policies into general plans. Joining us will be Chris Calfee from the Governor’s Office of Planning and Research (OPR), who will provide the latest on the general plan guidelines update process. This web-based event will take place on December 9th (next …
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CONTINUE READINGThe California REDD+ Experience
The ongoing political history of California’s initiative to include jurisdictional REDD+ offsets within the cap-and-trade system
Announcing the publication of The California REDD+ Experience, a report written by UCLA’s Emmett Institute faculty and published by the Center for Global Development. Six years ago in Los Angeles, Governor Schwarzenegger signed a memorandum of understanding with Governors from Brazil and Indonesia (and also Wisconsin and Illinois), to “coordinate efforts and promote collaboration” on …
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CONTINUE READINGSan Diego Loses Appeal On Its Weak Transportation Plan
Today ‘s ruling confirms that the plan failed under CEQA to consider greenhouse gas emissions to 2050
Back in 2011, the San Diego Association of Governments issued a really bad regional transportation plan. These plans must prioritize transportation investments across the metropolitan region for the coming decades and are the basis for receiving state and federal infrastructure dollars. And while most regional transportation plans are usually pretty bad (i.e. favoring highway expansion …
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CONTINUE READINGThe ESA and the Commerce Clause
The federal Endangered Species Act (ESA) is widely known for being the primary law in the United States that focuses on protecting biodiversity, and also for being a “pit bull” of environmental laws that has few exceptions and broad sweep. (For instance, the ESA was a major component of the litigation strategy by environmental groups …
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CONTINUE READINGGood News from the Middle East!
Israel Tells Dick Cheney: Get Your Paws Off Our Energy Policy
You’re checking your calendar: is it April Fool’s Day already? Alas, no. But there is some genuine good news our of the Middle East — at least for those who care about the Middle East’s natural environment. Terminating a several-year saga that has pitted claims of energy independence against environmental risk, the Jerusalem District Committee …
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