Land Use

Not With a Bang, But With a Whimper…

As the current U.S. Supreme Court term winds down–the justices’ final opinions are due next week–attention begins to turn to the Court’s next session, scheduled to begin in October 2013. Until this week, the justices had one environmental law case on their docket for next year: U.S. Forest Service v. Pacific Rivers Council, No. 12-625. …

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A New “Study” on Forest Certification: SFI’s Latest Attempt to Fool Consumers?

I’ve posted before on the competing systems of forest certification, in particular the fight between the Forestry Stewardship Council (FSC), which is really the gold standard, and the Sustainable Forestry Initiative (SFI), an industry-driven effort that has substantially weaker standards and many have accused of greenwashing.  SFI has improved its standards in recent years, but …

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Which City Has the Best Parks? Trust for Public Lands Releases Annual ParkScore Ranking.

The Trust for Public Land (TPL) recently released its annual ParkScore index, which ranks the park systems of the fifty largest U.S. cities.  As with all scorecards, the methodology is imperfect and the metrics are somewhat crude; but seeing how U.S. cities compare across uniform parameters is a good starting point for a larger conversation …

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The Emergence of Food Law

As with most holidays, Memorial Day is associated with a traditional food component — in this case, picnics.  So this seems like a good occasion to talk about the emerging legal field of food law. According to the Food and Drug Law Institute, about sixty law schools have courses on Food and Drug Law, a …

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New York Nasty versus Los Angeles Nice?

Tomorrow, Los Angeles voters go to the polls to elect a new Mayor.  (At least a few of them, anyway: current estimates predict only 25% turnout, about which more later).  In September, New Yorkers will do the same.  And depending upon the way things turn out, political and cultural reporters could have a field day. …

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California Supreme Court Upholds Local Government Bans on Pot Dispensaries

In its most important land use decision since 2011, the California Supreme Court has upheld local governments’ power to ban marijuana dispensaries within their jurisdictions. Last week the court unanimously rejected marijuana advocates’ claim that such local bans are preempted by California state law. The Supreme Court’s opinion in City of Riverside v. Inland Empire …

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The problem of stale NEPA reviews

There’s been a mini-boom in uranium mining in the United States, in part because of increased interest in nuclear power as a partial response to climate change.  Using nuclear power to reduce greenhouse gases has been quite controversial because of the obvious risks that nuclear power poses (exemplified by the Fukushima disaster in Japan). But …

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Environmental Justice, Metrics & California’s San Joaquin Valley

This week the California Environmental Protection Agency issued a disturbing but worthwhile report on environmental justice issues in California. That report confirms what many environmental justice advocates and state residents already assumed: that the San Joaquin Valley is–far and away–the most environmentally-challenged region of the state. According to the CalEPA press release accompanying the report, …

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(Another) Bad Day for Economists

One interesting project for future intellectual historians will be figuring out how economics became the queen of the social scientists when virtually none of their predictions have come true and so much of their empirical work is downright shoddy.  Perhaps it will lie in the way ideology can take over the discipline because of data …

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U.S. Bureau of Land Management Violated NEPA When Selling Oil and Gas Leases in California

On April 8, a federal magistrate judge issued the first major ruling in a California fracking lawsuit, finding that the U.S. Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA) by failing to take the necessary “hard look” at the impact of hydraulic fracturing when it sold oil and gas leases in California. …

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