Public Lands
Tenth Circuit upholds Clinton-era Roadless Rule
You wouldn’t think courts would still be deciding, late in 2011, whether actions taken by the Clinton Administration were lawful. But they are. Late last month, the Tenth Circuit upheld the Roadless Rule for national forests issued at the very end of the Clinton presidency. The Roadless Rule, which largely prohibited road construction and timber …
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CONTINUE READINGShould We Allow Development in National Parks?
If I were pressed to state my favorite place in the world, coming right at the top of the list would be the Wawona Hotel, in Yosemite National Park. Not only is it inside Yosemite, but it is a historic hotel, originally built in 1879, and possessing all kinds of retro features as well as …
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CONTINUE READINGWhen We Found the Right Words
It’s hard to talk about something if you don’t have the right words to designate it easily. So it’s interesting to look for the first appearance for some of the key words in the legal literature. Presumably, this words were in non-legal use a bit earlier, but their first use in law reviews tells us …
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CONTINUE READINGSupreme 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 …
CONTINUE READINGIs 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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CONTINUE READINGMurder, 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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CONTINUE READINGThe 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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CONTINUE READINGParking 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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CONTINUE READINGMore 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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CONTINUE READINGGifford 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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