Land Use
On the politics of the Keystone pipeline
This article from the New York Times a couple of days ago describes how President Obama, on a fundraising visit here in the Bay Area, made clear how difficult environmental politics are for a President in the midst of a recession – especially the Great Recession: Appearing at the home of an outspoken critic of …
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CONTINUE READINGClear Views in the High Desert
If you are looking for a politically progressive city, Lancaster, California would not make it on your list. Located in the deeply conservative Antelope Valley of north Los Angeles County, it has attracted attention by, inter alia, 1) electing Pete Knight, one of the most vicious anti-gay politicians in the country, to a series of state …
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CONTINUE READINGU.S. Supreme Court Grants Review in Pacific Rivers Council Case
Today the U.S. Supreme Court granted certiorari in a major forestry and NEPA case from the Ninth Circuit Court of Appeals: U.S. Forest Service v. Pacific Rivers Council, No. 12-623. The case will be argued and decided in the Court’s next (2013-14) Term. The issues the justices have agreed to consider in Pacific Rivers Council are threefold: …
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CONTINUE READINGWhat IS a Nuisance, Anyway?
If you’re a Property teacher, you have probably taught nuisance law. If you are a Land Use teacher, you have probably taught Lucas v. South Carolina Coastal Council, which relies on nuisance law to establishing “inherent limitations on title.” More specifically, you have probably taught the Restatement standard for nuisance, which states that an activity …
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CONTINUE READINGTakings, Standing, and Those Nasty Neighbors
Most lawyers reading this page are familiar with Nollan v. Calif. Coastal Comm’n, the 1987 Supreme Court case holding that exactions in exchange for land use permits must show an “essential nexus” between the purported harm generated by the permit and aims of the exaction. (More precisely, Nollan gave heightened scrutiny to finding that nexus.). …
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CONTINUE READINGThe Ever-Growing Crisis Over the Nation’s Nuclear Waste Non-Solution
The Associated Press reports that six underground storage tanks at the Hanford Nuclear Reservation in Washington State are leaking a witches’ brew of high-level nuclear wastes into the soil that threatens regional groundwater supplies. This news highlights a crisis of national proportions that has for too long gone unaddressed. Hanford is the most contaminated nuclear …
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CONTINUE READINGRubio Resigns: Was CEQA “Reform” Just About Fracking?
With the news that CEQA “reform” champion and State Senator Michael Rubio resigned today to lobby for Chevron, I have to wonder if his push for CEQA reform was really just to benefit oil and gas fracking. Sure, CEQA reform proponents liked to trumpet how a weakening of the law will help businesses and infill …
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CONTINUE READINGEnvironmentalists Sue Over New Lake Tahoe Plan: Is the Perfect the Enemy of the Good?
The Sierra Club and a local neighborhood group recently sued the bistate Tahoe Regional Planning Agency, challenging TRPA’s just-adopted Regional Plan for the Lake Tahoe Basin. That development strikes me as unfortunate and counterproductive. Let me briefly explain why. The Lake Tahoe Basin, which straddles the California-Nevada border, has since 1968 been governed under a bistate Compact negotiated …
CONTINUE READINGDonald Rumsfeld’s Tips for Law Teachers
Today in Land Use class, I had an abysmal time attempting to teach Avco v. South Coast Regional Comm’n, a 1976 California Supreme Court case that is crucial in understanding the “vested rights” doctrine. Avco holds that a developer has vested rights to develop only when 1) it relies on a permit; and 2) has …
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CONTINUE READINGHas New Urbanism Killed Land Use Law?
My Land Use casebook, like most of them, mentions New Urbanist zoning and planning techniques, but does not dwell on them. In order to teach New Urbanist concepts such as Form-Based Codes, SmartCode, and the Transect, I had to develop my own materials, as well as shamelessly stealing a couple of Powerpoint presentations from a friend who …
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