Land Use

Stopping High Speed Sprawl

California Governor Jerry Brown has doubled down on his support for the state’s proposed high speed rail system, despite the uncertainty about how to pay for it and growing public opposition.  But who can blame him?  If the rail system does get built, it will be the defining infrastructure project in the state for generations …

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U.S. Supreme Court Rejects Montana’s River Ownership Claims

The U.S. Supreme Court has issued its decision in PPL Montana v. State of Montana, a fascinating case that combines the colorful history of the American West, the issue of the public’s access to state waterways, and a dispute over hefty royalties claimed to be owed the State of Montana for unpermitted use of public …

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Ninth Circuit Dumps U.S. Forest Service’s Sierra Plan, Bureaucratic-Speak

The U.S. Court of Appeals recently issued a major decision invalidating the U.S. Forest Service’s 2004 Plan directing the USFS’s management of the 11 national forests (totaling 11.5 million acres) in the Sierra Nevada range.  A divided Ninth Circuit panel found that the environmental impact statement accompanying the Bush Administration plan–which loosened logging and grazing …

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How “Moneyball” Can Make A Great Downtown

Michael Lewis’s Moneyball was more than a book about how the small-market Oakland Athletics employed unconventional, statistics-based methods to beat bigger-money teams in the game of baseball. The genius of the book — and I’m probably biased here as a lifelong Oakland A’s fan — was its ability to expose human beings’ flawed sense of …

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Does Public Transit Improve Air Quality?

Yihsu Chen and Alexander Whalley of UC Merced think they know.  They have analyzed some useful data from the opening of Taipei’s new subway, in a recent article in the American Economic Journal: Economic Policy: The transportation sector is a major source of air pollution worldwide, yet little is known about the effects of transportation infrastructure …

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California’s New Clean Car Rules: How Can They Succeed?

Yesterday, the California Air Resources Board significantly toughened the state’s regulations on carbon emissions from automobiles: The package of Air Resources Board regulations would require auto manufacturers to offer more zero- or very low-emission cars such as battery electric, hydrogen fuel cell and plug-in hybrid vehicles in California starting with model year 2018. By 2025, …

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Attention K-Mart Shoppers! Get With the Program

I’ve blogged before about Asia Pulp & Paper, which has one of the worst records on destroying critical species habitat in its logging operations and abusing human rights in the process.  (Not surprisingly, it also has a fake certification from greenwahser Programme for the Endorsement of Forestry Certification).  Well, the tigers (and humans) have some …

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Charles M. Haar, 1920-2012

Harvard Law School’s Charles Haar, a pioneering land use scholar, passed away last Tuesday at the age of 91.  Dan Filler notes that He was an expert in land use, urban development and property law.  Among his various achievements,  Haar was one of the key draftsmen responsible for developing four of President Johnson’s important urban policy initiatives: the Demonstration …

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Ninth Circuit Upholds Oregon’s Measure 49 Against Takings Challenge

Seven years ago, Oregon’s voters enacted Measure 37, a ballot initiative that essentially threatened to end all land use controls in the state.  Measure 37 stipulated that any land use control that reduces someone’s property values must be compensated by the state, an extraordinary principle that threw the state’s land use system into chaos.  Three …

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Localized Renewable Energy Conference in San Diego, February 2nd

A heads-up for Legal Planet readers in the San Diego area (or those who would like to be in the San Diego area) on Thursday, February 2nd: the Environmental Law Section of the California State Bar will be holding a one-day conference on localized renewable energy generation at the University of San Diego School of …

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