Public Lands

California State Parks: What’s the Real Scandal?

Make no mistake: the disclosure last week that the California State Parks Department was sitting on $54 million of excess funds while claiming that parks all over the state had to be closed is a real hit.  Parks director Ruth Coleman — actually, a talented and dedicated public servant — did the right thing and immediately resigned, …

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In the Supreme Court’s Crosshairs: the Ninth Circuit’s Environmental Jurisprudence

All eyes will be on the U.S. Supreme Court this week, as the justices conclude their current Term and, among other things, issue their long-awaited decision(s) on the constitutionality of the newly-enacted federal healthcare law. But the Supreme Court also has some other, key decisions to make as to whether to take up four controversial environmental cases from …

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Mourning An Uncommon Student of the Commons

Elinor Ostrom, winner 0f the Nobel economics prize, died earlier today.  She is best known for her work on how groups manage common resources such as fisheries.  The “tragedy of the commons” is a theory that these common resources will inevitably be destroyed unless they are privatized or regulated by governments.  Professor Ostrom showed that …

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Environmental Protection and Conservative Values

Tom Friedman had an interesting column yeserday about conservatism and the environment.  As he points out, the current wave of anti-environmentalism is out of line with Republican traditions: “Teddy Roosevelt bequeathed us national parks, Richard Nixon the Clean Air Act and the Environmental Protection Agency, Ronald Reagan the Montreal Protocol to protect the ozone layer …

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Why We Need Administrative Agencies like EPA

Bureaucrats aren’t very popular.  But consider the alternatives when it comes to dealing with environmental problems.  Basically, bureaucrats are part of the executive branch of government.  For instance, the head of EPA is appointed by the President and can be removed by the President at any time.  (A few agencies such as the SEC enjoy …

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New legislative effort underway to develop public access to the L.A. River

Earlier this year, California State Senator Kevin De Leon introduced SB 1201, a bill that could bolster efforts to open up the Los Angeles River for lawful recreational uses such as boating.  I have a particular interest in this, since UCLA’s Frank G. Wells Environmental Law Clinic worked with the advocacy group Friends of the Los …

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U.C. Davis Issues Nitrates in Drinking Water Study

The University of California at Davis has issued an important new study assessing the public health hazards associated with nitrates in California drinking water. The study, led by U.C. Davis Professors Thomas Harter and Jay Lund, contains some important and disturbing findings.  The full study can be found here, the Executive Summary here. The new …

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Supreme Court Grants Review in Takings/Flooding Case

The U.S. Supreme Court has granted review in what will be the first environmental case of its next (2012-13) Term: Arkansas Game & Fish Commission v. United States, No. 11-597. The ultimate question is whether the federal government is liable for millions of dollars in damages for flooding a 23,000-acre wildlife management area owned by the State …

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Sagebrush rebellion, version 3.1

Some things never seem to change, including the (interior) West’s frustration over the extensive federal land holdings in the region. If you’re old enough, you might recall the Sagebrush Rebellion, which peaked about 1980 with the election of Ronald Reagan, a self-declared sagebrush rebel. (If you want to bone up, the Forest History Society offers …

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New Forest Service planning rule highlights the tension between flexibility and accountability

The Forest Service has now finalized the new planning rule it proposed a year ago. The final rule with preamble runs more than 240 pages. I haven’t yet plowed through it. The blog A New Century of Forest Planning is reporting reactions from a variety of sources. So far, there seem to be a lot …

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