Land Use

California’s Integrated Waste Management Board: Goodbye and Good Riddance

Shortly after taking office as California’s Governor, following a tumultuous recall election in 2003, Arnold Schwarzenegger famously promised to “blow up the boxes” of state government in favor of a more streamlined governance structure.  That commitment has since largely been sacrificed on the alter of ever-contentious California politics.  But this summer’s belated and painfully-negotiated California …

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Nudging Smart Growth

There are lots of problems with Sunstein and Thaler’s book Nudge, but its central premise has potentially powerful applications to a host of problems.  Sunstein and Thaler posit that in many policy areas, “choice architects” can  help people make better choices without impairing their actual ability to make that choice — a philosophy that they call …

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Proposed Order on Floodplain Development

The White House is considering a new executive order to limit floodplain development.  The proposal covers roughly the same federal licensing, project, and funding decisions as NEPA.  The heart of the proposal is section 4, which unlike NEPA imposes a substantive requirement (preventing or mitigating floodplain development.)  The proposed language is after the jump.  This …

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Edith Jones Declares War on America’s Coastline

Edith Jones, the 5th Circuit Chief Judge who makes wingnuts swoon, is at it again, this time in Severance v. Patterson, a Takings test case brought by the Pacific Legal Foundation.  For environmentalists, Severance is also a test case in who is going to have to pay for coastal damage from climate change.  Edith Jones …

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NAFTA gold mining opinion upholding California environmental regulation issued by arbitration tribunal

As I previously discussed in detail in this post, a NAFTA arbitration tribunal recently decided a closely-watched case in a way that will further environmental protection.  The panel’s 355-page opinion in the Glamis Gold case has been made public: here it is. The panel decided in favor of California’s right to regulate in-state mining by foreign …

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Is Waxman-Markey Even Worth It?

If Michael O’Hare is right about this, then Waxman-Markey might not be worth the candle: Waxman appears to have sold out the indirect land use issue in a deal with Peterson on the climate change bill: “Waxman also consented to block EPA from calculating “indirect” greenhouse gas emissions from land-use changes when implementing the federal …

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NAFTA tribunal strikes a blow for mining regulation by U.S. states

The U.S. and the State of California have been cleared of liability in a widely-watched NAFTA case involving mining regulations.  A foreign mining company challenged the legality of California regulations that prevented a proposed environmentally- and culturally-destructive gold mine from being built in California’s Imperial Valley.   The company, Glamis Gold Ltd, a Canadian company …

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More Nominations

Sam Hamilton, a career federal biologist, to head the Fish and Wildlife Service. Bob Abbey, a longtime Bureau of Land Management official before becoming a private consultant, as director of BLM. Both of them seem to be accomplished professionals. However, E&E News reported (subscription req’d), GOP Senators seem to be sitting on many Obama nominations …

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New and Noteworthy in the Eco-Blogosphere

For the environmental world at large, here are some noteworthy posts: Africa needs substantially scaled-up finance, technology and capacity-building to combat climate change 2009 Hurricane Names to Watch for, as Season Begins After a record-breaking 2008 hurricane season, the first storm has formed before the official June 1 start to the 2009 season. The hydrogen …

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North Korea and the Environment

Like most people, I knew that North Korea was short on food.  What I didn’t realize is that this is largely due to environmental degradation.  According to a 2004 U.N. report,”Major crop yields fell by almost two thirds during the 1990s due to land degradation caused by loss of forest, droughts, floods and tidal waves, …

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