Public Lands

Supreme Court Looking Hard at Litigation Challenge to CARB Marine Fuel Regulations

The U.S. Supreme Court today asked the Solicitor General for his views as to whether the Court should hear and decide a controversial case from California challenging the California Air Resources Board’s authority to regulate ocean shipping.   The specific CARB regulations at issue require marine vessels operating in state waters and ports to use …

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Is There Really No More Room For Forests?

If you have even a passing interest in things environmental, and you keep yourself relatively well-informed, then no doubt you saw Justin Gillis’ superb page one NYT story on Saturday, about the decline (and at times possible increase) of forests; how forests provide critical carbon sinks to mitigate climate change; and how that climate change …

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Murder, Pollution, Illegal Drugs & Our Public Lands

The murder this past weekend of Fort Bragg, California City Councilman Jere Melo puts an all-too-human face on a long-festering environmental crisis. Melo was shot and killed in a remote area in Mendocino County by a squatter who was reportedly growing marijuana on forest lands there. Councilman Melo, whose day job was to manage 150,000 …

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The Environmental Issue in the Presidential Race

With the partial exception of Mitt Romney, all of the Republican presidential candidates are negative about EPA.  According to the NY TImes, Opposition to regulation and skepticism about climate change have become tenets of Republican orthodoxy, but they are embraced with extraordinary intensity this year because of the faltering economy, high fuel prices, the Tea …

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Parking in Los Angeles Creeps into the 21st Century

The Los Angeles Times reports that the City has decided to inject at least a little rationality into its parking policy: in April, the City will begin ExpressPark, which will focus on a 4.5 square-mile zone in the city’s downtown, and will set parking rates based upon demand. It will use sensors and other technology …

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More on California Environmental Leader & Coastal Advocate Peter Douglas

Legal Planet colleague Jonathan Zasloff has previously written about the recently-announced retirement of long-time California Coastal Commission Executive Director Peter Douglas.  I’d like to add a few additional comments about Peter, my long-time mentor, client and friend. Peter Douglas has devoted the past four decades of his incredibly rich and active life to the cause of …

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Gifford Pinchot’s Birthday

Gifford Pinchot (the final “t” is silent) was born on August 11, 1865.  He was responsible for founding the Yale School of Forestry, which remains a major center for environmental research and teaching today.  Like Chief Justice John Marshall, he is also considered the founding father of an institution even though he wasn’t the institution’s …

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Nevada Re-Discovers the Public Trust Doctrine

The Nevada Supreme Court was the source of a pleasant surprise earlier this month, when it issued a decision formally “adopting” the public trust doctrine as Nevada law. The opinion, Lawrence v. Clark County, involved a proposed transfer of land in and adjacent to the Colorado River near Laughlin, Nevada to Clark County officials. Nevada …

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Marcilynn Burke appointed Acting Assistant Secretary

Marcilynn Burke, who is on leave from her environmental law teaching gig at the University of Houston, has been named Acting Assistant Secretary for Land and Minerals Management at the Department of Interior.  Burke has been at Interior since August 2009, when she was appointed Deputy Director for Policy and Programs at the Bureau of …

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Unexpected Environmental Heroes

Mammoth Lakes is one of the more popular resort areas in California’s Sierra Nevada, and also one of the more beautiful.  It’s popular in part because it as at one of the low points in the Sierra Nevada, allowing for relatively easy backcountry access to both the east and west sides of the mountains.  (That …

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