Land Use
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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CONTINUE READINGEdith 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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CONTINUE READINGNAFTA 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 …
CONTINUE READINGIs 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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CONTINUE READINGNAFTA 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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CONTINUE READINGMore 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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CONTINUE READINGNew 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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CONTINUE READINGNorth 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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CONTINUE READINGNew court ruling requires City, Wal-Mart to re-analyze GHG impacts of development and consider a more climate-friendly alternative
Under the California Environmental Quality Act (CEQA), local governments and state agencies in California must analyze the environmental impacts of any permit to approve a new development project, and must identify and promise to implement mitigation to the extent feasible, before approving the project. Over the last two years, it has become clear that climate …
CONTINUE READINGEnvironmental Hypocrisy
Recently, CBS’s 60 Minutes ran a story on the current environmental damages litigation 30,000 Ecuadorians are bringing in that country’s courts against Chevron. The case arises out the toxic oil wastes a Chevron subsidiary left behind in the Ecuadorian rain forest following decades of oil production deep in the headwaters of the Amazon. The plaintiffs, …
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