Land Use
What 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 …
Continue reading “What IS a Nuisance, Anyway?”
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.). …
Continue reading “Takings, Standing, and Those Nasty Neighbors”
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 …
Continue reading “The Ever-Growing Crisis Over the Nation’s Nuclear Waste Non-Solution”
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 …
Continue reading “Rubio Resigns: Was CEQA “Reform” Just About Fracking?”
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 …
Continue reading “Donald Rumsfeld’s Tips for Law Teachers”
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 …
Continue reading “Has New Urbanism Killed Land Use Law?”
CONTINUE READINGLiterally Trashing the Environment
No, not another rap on Joe Biden. The world literally wastes an awful lot of food, notes the International Herald Tribune: Between 1.2 billion and 2 billion tons of the 4 billion tons of food produced around the world every year never gets eaten, according to a new survey by a group of British engineers. …
Continue reading “Literally Trashing the Environment”
CONTINUE READINGEnvironmental Law and Policy Events for Couch Potatoes
UC Berkeley and UCLA School of Law’s joint Climate Change and Business Research Initiative has produced a number of public events featuring experts on pressing environmental law and policy issues. We now have on-line video recordings of many of them, for those of you who prefer not to leave the comfort of your home or …
Continue reading “Environmental Law and Policy Events for Couch Potatoes”
CONTINUE READINGNapoleon Bonaparte, Zoning Administrator
This semester, I am teaching Land Use, and in the casebook I came across this evocative and meaningful quote from Tony Arnold: The real law of land use regulation exists mostly in zoning codes and regulatory procedures, as well as in the actions or decisions of local land use regulatory bodies. Consider all the zoning, …
Continue reading “Napoleon Bonaparte, Zoning Administrator”
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
