Thursday, May 25, 2017

"Act Locally, Reflect Globally" report from Sabin Center offers checklist for local govs on climate change

Susan Biniaz, former lead climate lawyer for the Department of State and now an adjunct at Columbia and Yale, has published ACT LOCALLY, REFLECT GLOBALLY: A CHECKLIST OF OPTIONS FOR U.S. CITIES AND STATES TO ENGAGE INTERNATIONALLY IN CLIMATE ACTION, in cooperation with the Sabin Center at Columbia.  It's a good list for cities looking for engagement.

May 25, 2017 | Permalink | Comments (0)

Wednesday, May 24, 2017

Hillside homes, slip-slidin' away

The foothills around Boise are teeming with newly built mansions, and there seems to be an insatiable market for them.  The problem is:  while Boise has a foothills planning ordinance, it is riddled with loopholes and the city has been under significant pressure to streamline (read:  neuter) its development process.  It has essentially made the process a sham, which is why I left the planning and zoning commission here.

And since Idaho is a state without meaningful environmental review standards, that means that much of the development in the city goes on with no real oversight.

What could possibly go wrong?!  

Well, a lot, actually.  A project of mansions was approved in the middle of a well-known landslide area and, whattya know, the land slid.  Below is a vivid video of what can happen when cities fail to properly take into account environmental factors in their planning processes.

More about the story, and ensuing litigation (which would make for a nice teaching exercise, by the way) here.  Further, the city is now telling the homeowners that they must tear down these homes, at the owners' expense.    

 

 

May 24, 2017 | Permalink | Comments (0)

Tuesday, May 23, 2017

OECD publishes major report on land use planning in member countries

Earlier this month, OECD published The Governance of Land Use:  Policy Analysis and Recommendations, which can be viewed freely on its website (and embedded below) or purchased here.  The document is a remarkable synthesis of international land use law and policy across many of the developed-world countries.  (Disclosure:  I served as a background expert on the report, but did not write any of it.)

A summary policy brief is also available here.

 

 



 

May 23, 2017 | Permalink | Comments (0)

Monday, May 22, 2017

Somin et al.: Eminent Domain: A Comparative Perspective

 

Ilya Somin, Iljoong Kim, and Hojun Lee have published Eminent Domain:  A Comparative Perspective,  Here is the abstract:

The taking of private property for development projects has caused controversy in many nations, where it has often been used to benefit powerful interests at the expense of the general public. This edited collection is the first to use a common framework to analyze the law and economics of eminent domain around the world. The authors show that seemingly disparate nations face a common set of problems in seeking to regulate the condemnation of private property by the state. They include the tendency to forcibly displace the poor and politically weak for the benefit of those with greater influence, disputes over compensation, and resort to condemnation in cases where it destroys more economic value than it creates. With contributions from leading scholars in the fields of property law and economics, the book offers a comparative perspective and considers a wide range of possible solutions to these problems.

Here are screenshots of the table of contents:

 

Somin_Page_1

Somin_Page_2

 

May 22, 2017 | Permalink | Comments (0)

Friday, May 19, 2017

Just published! 9th edition of Nolon, Salkin, Miller & Rosenbloom's Land Use & Sustainable Development Law now available

I am very pleased to announce the publication this week of the 9th edition of West's Land Use and Sustainable Development Law, a casebook that I was lucky enough to join this year along with John Nolon, Patricia Salkin, and Jonathan Rosenbloom.  This new edition continues to provide the basics of land use law; at the same time, the book also re-envisions content in light of the significant changes in practice that future land use lawyers must be prepared to navigate.

It was really a treat to work with this group in thinking through how to revise this edition.  As we worked through the material over the last year or so, we had a number of conversations about our respective approaches to teaching land use law that we plan to bring to the blog--and hopefully start a dialogue on--in the months to come.  

In the meantime, if you are teaching land use law in the fall, we hope you'll give this casebook consideration, and feel free to reach out to any of us personally if you'd like to discuss what it would mean to adopt the book and how it might work for your teaching style.

 

Pages from Nolon Land Use and Sustainable Development Law 9e

 

 

May 19, 2017 | Permalink | Comments (0)

Thursday, May 18, 2017

C.P. Cavafy's "The City"

Maybe you need a city-themed poem today.

 

"The City" | C. P. Cavafy

You said: “I’ll go to another country, go to another shore,
find another city better than this one.
Whatever I try to do is fated to turn out wrong
and my heart lies buried as though it were something dead.
How long can I let my mind moulder in this place?
Wherever I turn, wherever I happen to look,
I see the black ruins of my life, here,
where I’ve spent so many years, wasted them, destroyed them totally.”
 
You won’t find a new country, won’t find another shore.
This city will always pursue you. You will walk
the same streets, grow old in the same neighborhoods,
will turn gray in these same houses.
You will always end up in this city. Don’t hope for things elsewhere:
there is no ship for you, there is no road.
As you’ve wasted your life here, in this small corner,
you’ve destroyed it everywhere else in the world.

 

Hat tip: Anya Bernstein

May 18, 2017 | Permalink | Comments (0)

Wednesday, May 17, 2017

Tim Iglesias: Two Competing Concepts of Residential Integration

Tim Iglesias (USF Law) has just published "Two Competing Concepts of Residential Integration" in Social Equity in a Time of Change: A Critical 21st Century Social Movement, edited by Richard Greggory Johnson III.  The abstract is available at SSRN and reproduced below:   

This book chapter identifies two popular--but competing--concepts of residential integration, demonstrates their distinct practical consequences, and calls for a frank conversation among social equity activists regarding which concept do we want to pursue. 

One concept, dubbed the “traditional integration model,” concerns the nature or quality of a community. It focuses on the complexion of a community as a geographical unit and the social relationships among members of different income groups or racial groups within it. This concept asks: Who lives there and how do they relate to each other? 
The second concept, “the individual access to the opportunity structure model,” focuses on how the physical location of a household relates to the opportunity structure of a community (e.g. good schools, good jobs, decent shopping, healthy neighborhoods). The primary focus of this model is maximizing the access of new residents to opportunities so that they can improve their lives. It does not inquire into the relationships among the members of the households who live in a community, but rather on the economic and social success of the individuals and families.

May 17, 2017 | Permalink | Comments (0)

Monday, May 15, 2017

Perspectives on Abandoned Houses in a Time of Dystopia: Part 3: A Series by Kermit Lind

[This is the third in a series of essays by Kermit Lind, Clinical Professor of Law Emeritus, Cleveland-Marshall College of Law, Cleveland State University.]

Various observers see different things when they look at houses and buildings abandoned during the mortgage crisis. From different, sometimes competing, points of view, communities need a sustained collaboration of perspectives—local public officials from different departments and agencies, civic and public interest groups, community advocates--using all relevant data and strategic solutions to deal with new threats to residential neighborhoods. This blog post continues an on-going look at a few examples of what different people see in blighted dwellings.

The first blog post in this series is available here.  The second blog post is available here.

Modernization of obsolete code compliance policies and procedures is a critical need for dealing with the surge of abandoned housing. Financially able owners and parties legally responsible for housing conditions should not be able to escape their legal obligation to maintain the condition of their real property and to comply with court orders requiring compliance after conviction or judgment. Creditors with the legal means to control and maintain their collateral should ensure that the collateral’s condition does not destroy the value of neighboring houses or other lenders’ collateral.

Enforcement officers need to act strategically to obtain maximum compliance with the limited resources available. Focusing on repeat offenders with the highest volume of violations will lead to more benefit for neighborhoods than random or complaint-driven enforcement.

Effective role models are available—most notably, with a sustained collaboration between civic groups and public managers at the local community level, a coalition of the willing and determined.  A familiar model is the Vacant Abandoned Property Action Council in Cleveland, Ohio, started in 2005. Recently, a property blight abatement movement in Memphis TN was launched in 2016 with a Blight Elimination Charter fashioned by a coalition of city, county and community leaders.  The Charter coalition is now directing a strategic campaign to abate and prevent housing and neighborhood blight.  Public policy and law is being upgraded at both the local and state levels, a new regional land bank was started, a real property parcel-based “data hub” is being developed for both government and nonprofit use, and perhaps most important of all, the community is rallying to support the campaign.  The results are stimulating more private investment and focusing critical public resources on property blight recovery with nuisance abatement and neighborhood renewal. 

In these and other examples, senior and managerial staff of public safety, municipal law enforcement, community development and civic agencies joining to lead the reform needed to cope with local neighborhood housing disasters. When a determined coalition of policy and program managers communicate regularly across organizational boundaries and bureaucratic silos, they can avoid unintended conflicts with each other, coordinate policy advocacy, partner in program planning, and work strategically toward common objectives.

Sustainable neighborhood community development ultimately requires the coordinated engagement of well-organized and civically informed community residents collaborating with their local government agencies.  Good codes and government code enforcement for houses and neighborhoods are critical; but neighborhood sustainability also requires social justice, inclusion of diversity, neighborliness, and a commitment to the common good of the neighborhood now as well as for its future.  Yes, neighborhood sustainability ultimately depends upon codes of moral social conduct that require deference to the shared values of a community of property owners and residents.  It is only by standing together that neighbors and communities can withstand the dystopia that now threatens aging neighborhoods.

This is a revised and shorter version of the paper published in Probate & Property, Vol. 29, No. 2, (March/April 2015) (American Bar Association): pp. 1-9, and available here.

May 15, 2017 | Permalink | Comments (0)

Monday, May 8, 2017

Perspectives on Abandoned Houses in a Time of Dystopia: Part 2: A Series by Kermit Lind

[This is the second in a series of essays by Kermit Lind, Clinical Professor of Law Emeritus, Cleveland-Marshall College of Law, Cleveland State University.]

Various observers see different things when they look at houses and buildings abandoned during the mortgage crisis.  From different, sometimes competing, points of view, communities need a sustained collaboration of perspectives—local public officials from different departments and agencies, civic and public interest groups, community advocates--using all relevant data and strategic solutions to deal with new threats to residential neighborhoods.  This blog post continues an on-going look at a few examples of what different people see in blighted dwellings.

The first blog post in this series is available here.

Conflicting perspectives must be reconciled. Home owners, lenders, investors, speculators, creditors, debt collectors, neighbors, community advocates, local officials, state officials, federal officials, and public agencies are pursuing different, and often conflicting, objectives in relation to real property abandonment. Governments at various levels have different agendas, as do courts, prosecutors, and policing agencies, even those within the same jurisdiction.

Government-sponsored enterprises, global financial institutions, real estate investment trusts, and their servicing agents also do not share the same vision. Each businesss’s individual interests compete for profit with procedures that undermine the success of the business plans of the others.

The risks resulting from the asymmetrical battle between the perspectives of housing consumers and those of global financial, investment, and real estate businesses makes home ownership less possible and less attractive for young families than at any time during the last century.

Responsible maintenance of dwelling places is the legal and equitable obligation of those who own or control housing. It is also essential to the long-term viability of a housing finance industry that both consumers and investors can trust. Those harmed when property maintenance responsibilities are abandoned include the creditors and investors in neighboring dwellings whose paying debtors may default on their mortgage loans and maintenance when their home’s value plummets. Maintenance issues are omnipresent in the scenario of the concentration and spread of subprime loans, rapid defaults, rising foreclosures, low-value sheriff sales, and the dumping of bank “real estate owned” properties to speculators. Maintenance is abandoned early in the sequence, and the possession of dwellings is subsequently abandoned. The breakdown of maintenance begins a decline toward blight from which recovery is costlier than the value of the property.

Better housing and neighborhood environmental code compliance is essential for stopping rampant abandonment and dystopia. Unfortunately, the code compliance apparatus as currently constituted in most communities is not capable of dealing with abandoned, worthless housing. The various local government compliance and enforcement agencies exercising police power in cities operate in separate silos and often at cross-purposes.  Laws and law enforcement policies are obsolete in the context of new fangled housing marketing and financing.

Code compliance is also thwarted when each agency pursues its limited mission without regard to the residents who depend on effective law enforcement for a healthy, safe, and secure residency. There is insufficient coordination in public safety operations to constitute a reliable system able to ensure compliance with neighborhood housing, health, and safety laws, especially compliance by absentee owners and controlling lien holders.

The article will continue next week with Part 3 in this 3 part series.

This is a revised and shorter version of the paper published in Probate & Property, Vol. 29, No. 2, (March/April 2015) (American Bar Association): pp. 1-9, and available here.

May 8, 2017 | Permalink | Comments (0)

Monday, May 1, 2017

Perspectives on Abandoned Houses in a Time of Dystopia: Part 1: A Series by Kermit Lind

[This is the first in a series of essays by Kermit Lind, Clinical Professor of Law Emeritus, Cleveland-Marshall College of Law, Cleveland State University.]

Various observers see different things when they look at houses and buildings abandoned during the mortgage crisis.  From different, sometimes competing, points of view, communities need a sustained collaboration of perspectives—local public officials from different departments and agencies, civic and public interest groups, community advocates--using all relevant data and strategic solutions to deal with new threats to residential neighborhoods.  Let’s look at a few examples of what different people see in blighted dwellings.

Home owners who abandon their homes are often financially broke, desperate, hounded by debt collectors, often naive or misinformed, and unable or unwilling to continue the responsibilities of home ownership. Worse yet, many cannot voluntarily divest their ownership by sale or donation because the title is encumbered with liens exceeding the current market value. Although creditors may get no financial benefit from asserting their rights, they can still hold empty houses hostage in the debtor’s name, speculating on an improbable solution; or they can sell the debt secured by a lien on the house at a discount.  But for home owners in distress, there is extreme stress and uncertainty seeing their home being lost.

Absentee owners and commercial housing investors, on the other hand, see their vacant houses as either productive or nonproductive commodities, if they look at them at all. Their interest is in profitable transactions. Paying for upkeep and property taxes on their investment is justified only by expectations of profit. Unprofitable and unmarketable houses are a liability and treated as waste. Corporate and trustee owners, along with their servicers, find little risk in ignoring their legal responsibilities for maintenance of residential properties owned or controlled by their lien rights. They may ignore local housing and environmental laws and law enforcement as part of their property investment plan.

Judges, sheriffs, bankruptcy trustees, and other officials who preside over legal transactions related to involuntary deed transfers, taxation, liens, and record registration see only documents that track transactions and claims affecting the legal title. Nothing damages ordinary houses more than foreclosures. This institutional fragmentation and myopia enables owners and creditors alike to neglect property maintenance with impunity and defer the resulting costs to hypothetical future owners.

Buyers, rehabbers, and speculators see an income prospect in abandoned houses. Blighted houses for sale “as is” are viewed as money-makers by various types of buyers.  Some are doing good work benefiting the community.  There are some, however, who ignore their legal maintenance responsibilities. Flipping defective houses for fast profit has become an industry propelled by textbooks, lectures, and get-rich-quick TV infomercials. These houses are sold to people who shop deals on the Internet and “invest” without a single glance at the actual property or the neighborhood. These buyers and sellers see dreams of potential easy profit.

Taxpayers and neighboring owners, ultimately, are forced to subsidize the home owners and businesses that abandon their legal obligation to keep their properties from harming other people and other’s property. The harm to health and safety impacts neighbors of empty abandoned dwellings—long-term harm without compensation. To get a sense of the public costs, consider that in October 2014, the city of Cleveland, Ohio, reported it had 12,000 abandoned buildings, 6,000 of them already condemned and waiting demolition. It anticipated needing $120 million to demolish its current inventory of abandoned houses in a city of fewer than 400,000 people. Its inner-ring suburbs also have a rising inventory of abandoned houses to dispose of. To pay for this problem, the county issued a $50 million bond for demolition.

The article will continue next week with Part 2 in this 3 part series.  

This is a revised and shorter version of the paper published in Probate & Property, Vol. 29, No. 2, (March/April 2015) (American Bar Association): pp. 1-9, and available here.

 

May 1, 2017 | Permalink | Comments (0)

Thursday, April 20, 2017

FEMA Region 10 webinar series on planning for natural hazards

FEMA Region 10 has been holding a series of valuable webinars on natural hazard planning and mitigation.  The next is this Friday and details are below.  Links to the previous webinars are also below.

_____

2017 FEMA Region 10 Natural Hazards Mitigation Planning Coffee Break Webinar Series

Strengthening tribal, state, and local natural hazards mitigation planning program capabilities

Topic: “Developing FEMA Mitigation Planning Grants”

Friday, April 21

10am-11am (PST)

Join us to learn about:

  • FEMA planning grants offered through the Hazard Mitigation Assistance program
  • Best practices in developing a planning grant scope of work
  • Fundable planning activities
  • Process to developing and applying for a FEMA planning grant, whether through the Hazard Mitigation Grant Program (HMGP) or Pre-Disaster Mitigation (PDM) grant program.

Guest Speakers

  • Steven Randolph, FEMA Region 10 Hazard Mitigation Assistance Senior Specialist
  • Angie Lane, Oregon State Hazard Mitigation Officer
  • Susan Cleverley, Idaho State Hazard Mitigation Officer

 

Registration (Free)

Go to   https://urldefense.proofpoint.com/v2/url?u=https-3A__atkinsglobalna.webex.com_atkinsglobalna_k2_j.php-3FMTID-3Dtbe6bf3b813828f6d3219b6f5757ee6a3&d=DwMGaQ&c=cUkzcZGZt-E3UgRE832-4A&r=FpCe8y2mLuT4QANMuAMKFJmE-hYfWNErE5-Zhb6RH5I&m=Z9KxurEyOa4SGZQNg67yaihcBx26  and register (Remember, your registration is unique to you. Don’t share it. Encourage others to individually register)

-------------------------------------------------

Visit the FEMA Region 10 Mitigation Planning Coffee Break Webinar Series Portal

Past monthly webinars, future online training, resources, and upcoming in-person training are located at http://www.starr-team.com/starr/RegionalWorkspaces/RegionX/mitigationplanning/SitePages/2017_Coffee_Break.aspx.  

Month

Topic

Recording

Materials

January

Introduction to Natural Hazards Mitigation Planning

January Recording

January Materials

February

Building the Mitigation Planning Team

February Recording

February Materials

March

Effective Public Engagement in Mitigation Planning

March Recording

March Materials

April 20, 2017 | Permalink | Comments (0)

Wednesday, April 19, 2017

APA Planning & Law Division announces its 34th Annual Smith-Babcock-Williams Student Writing Competition

From Alan Weinstein:

The Planning & Law Division of the American Planning Association announces its 34th Annual Smith-Babcock-Williams Student Writing Competition. The Competition, which honors the memory of three leading figures in American city planning law (R. Marlin Smith, Richard Babcock, and Norman Williams) is open to law students and planning students writing on a question of significance in planning, planning law, land use law, local government law or environmental law. The winning entry will be awarded a prize of $2,000 and submitted for publication in The Urban Lawyer, the law journal of the American Bar Association's Section of State & Local Government Law. The Second Place paper will receive a prize of $400 and one Honorable Mention prize of $100 will also be awarded. The deadline for submission of entries is June 5, 2017 and winners will be announced by August 22, 2017. Please refer to the enclosed official rules for further details. Our past experience has shown that teachers in planning, planning law, land use law, local government law or environmental law are in an ideal position to stimulate student interest in research and writing and to encourage participation in the Competition. Each year, many of the entries appear to have been prepared initially for various courses or seminars. We hope you will add your support to the Smith-Babcock-Williams Student Writing Competition by encouraging your students to submit entries.

Download APA-PLD Student Writing Competition 2017

April 19, 2017 | Permalink | Comments (0)

Friday, April 14, 2017

Princeton-Mellon Initiative in Architecture, Urbanism, and the Humanities - Call for Fellows, 2017-18

From Sarah Schindler:

 

Princeton-Mellon Initiative in Architecture, Urbanism, and the Humanities - Call for Fellows, 2017-18

The Princeton-Mellon Initiative in Architecture, Urbanism, and the Humanities is pleased to announce a call for fellows for the 2017-18 academic year. Two fellows will be appointed; one fellow will focus on Architecture and Humanities and the other on Urban Adaptation to Climate Change.

For questions, please email arc-hum@princeton.edu.

Architecture and Humanities Fellow

The Princeton-Mellon Initiative in Architecture, Urbanism and the Humanities and the Council of the Humanities at Princeton University seek to attract a fellow whose work is grounded in the humanities to collaborate with both programs. Applicants with outstanding intellectual, literary, and visual talents who demonstrate an abiding interest in multi-disciplinary work focused on the intersection of architecture, urbanism, and the humanities are strongly encouraged to apply. The fellow may be expected to team-teach a new interdisciplinary design studio for undergraduates that will be required for Urban Studies certificate students, or a seminar on urbanism and the environment, with a member of the design faculty in the School of Architecture at Princeton (contingent upon sufficient enrollments and approval from the Dean of the Faculty).

Please submit a cover letter (including your teaching interests), CV, 1,000 word description of a proposed research project, and a brief (chapter or article-length) writing sample, and contact information for three references by May 12, 2017 for full consideration.

For applicants taking a sabbatical year., please apply here.

For applicants seeking a postdoctoral position, please apply here.

Urban Adaption to Climate Change

The Princeton-Mellon Initiative in Architecture, Urbanism, and the Humanities, together with the Climate Futures Initiative at Princeton University, are seeking fellowship applications in urban adaptation to climate change for the 2017-18 academic year. 

We seek to attract a Fellow engaged in bridging the environmental sciences, social sciences, planning and architecture and/or the humanities. Fields of specialization might include planning and architecture, cultural studies, geography, history, philosophy, politics, or public policy. We welcome research projects contemplating any given dimension of the relationships between built and natural environments. These could include scholarship on the impact of different urbanization models (e.g.: density vs. sprawl); ethical questions (who wins and who loses in various adaptation scenarios); models of deliberative governance; the arts in the 'anthropocene'; or design solutions to cope with the consequences of climate change. The individual will be required to team-teach an undergraduate course on urban adaptation to changing environmental conditions (contingent upon sufficient enrollments and approval from the Dean of the Faculty), and expected to participate regularly in the events and activities of both the Princeton-Mellon Initiative and the Climate Futures Initiative.

This position is funded through the support of the Princeton Environmental Institute's Urban Grand Challenge, which fosters productive exchanges between students and scholars working in a variety of fields to create an innovative program that combines the study of the natural and built urban environments with a goal of identifying solutions that are sensitive to environmental issues including global change, water resource management, energy efficiency, technology innovation, human and environmental health, as well as equity and fairness, poverty and jobs creation, race, ethnicity, and more intangible notions of belonging.

Please submit a cover letter, vita, 500-word description of a proposed course, brief (chapter or article-length) writing sample, 1,000 word description of a research project that he/she would undertake as a fellow, and contact information for three references by May 12, 2017.

For applicants taking a sabbatical year., please apply here.

For applicants seeking a postdoctoral position, please apply here.

April 14, 2017 | Permalink | Comments (0)

Thursday, April 13, 2017

Cleveland National Forest v. SANDAG finally set for oral argument May 4 at Cal Supreme Court

Oral arguments in Cleveland National Forest v. San Diego Association of Governments have finally been set for May 4 at the California Supreme Court, and will be broadcast live on the court's website.  

This case has dragged out for years, but it may be the most important land use case out there.  The details are complicated, but the gist of the case is that a California law, SB375, required California's regional governmental agencies to integrate local land use decisions with transportation planning.  The hitch with SB375 was that it did not have any enforcement mechanism.  However, this case is really about whether the state's environmental review law, the California Environmental Quality Act, can be that enforcement mechanism.  If the court holds that CEQA can serve as the enforcement for SB375, then California may well become the first state where local governments have to integrate transportation planning with land use planning.  

That's the fly-over version; digging deeper requires tolerance for a lot of acronyms and a fair amount of procedure.  If you're ready, here is a link to the case file:

CLEVELAND NATIONAL FOREST FOUNDATION v. SAN DIEGO ASSOCIATION OF GOVERNMENTS (PEOPLE) Case: S223603, Supreme Court of California

To be argued on Thursday, May 4, 2017, at 9:00 a.m., in San Francisco.

For more information on this case, go to: http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=0&doc_id=2096944&doc_no=S223603

The webcast link will be posted here the day of the hearing:  http://newsroom.courts.ca.gov/calendar/supreme-court-oral-argument-5888192-6025243

April 13, 2017 | Permalink | Comments (0)

Outka lecture on "Shifting Energy Landscapes" - April 13 at Vermont Law - Live video

From Melissa Scanlan at Vermont Law:

In a time of dramatic energy transitions, we invite you to watch our 13th Annual Norman Williams Lecture on Land Use Planning and the Law. Uma Outka’s talk, titled “Shifting Energy Landscapes,” will address the energy sector’s dynamic, transitional, and uncertain moment through the lens of energy landscapes – the physical landscapes that narrate a shift in land use for energy in the United States, and the regulatory landscape framing the pace and ambition of the low-carbon trajectory. With a focus on renewable energy, the Lecture will highlight drivers and implications of these shifting landscapes as they bear on the goal of decarbonization and electric power. ​Uma Outka is an Associate Professor at the University of Kansas School of Law and an Affiliate Faculty member of the Environmental Studies Program and the Center for Environmental Policy at KU.

Watch live tomorrow - Thursday, April 13 - starting at 5:45 p.m. EST or check back for a recording at: https://livestream.com/vermontlawschool

April 13, 2017 | Permalink | Comments (0)

Thursday, March 30, 2017

Fri March 31 - Livestock Grazing on Public Lands: Law Policy and Rebellion - Idaho Law Review Symposium - LIVE VIDEO

I am delighted to be the faculty advisor for the 2017 Idaho Law Review Symposium, which will be held this coming Friday, March 31, 2017, in Boise.  The topic is “Livestock Grazing on Public Lands:  Law, Policy & Rebellion.”  The Symposium has been generously sponsored by the U.S. Bureau of Land Management. 

For those interested in watching remotely, the event will be broadcast through a link and instructions available here:  https://www.uidaho.edu/law/news/upcoming-events/live

The conference schedule is here, and also reproduced below.  All times Mountain.  We hope you will join us in Boise, or through the live stream, this Friday.

8:00:  Continental breakfast and registration

8:20:  Introductions and welcome

8:40:  A Brief Introduction to Grazing Law

Robert Firpo, Attorney-Advisor, Boise Field Office, U.S. Department of the Interior

9:00 – 10:30:  Solicitors’ Panel:  The Past and Future of Livestock Grazing on Public Lands

Moderator: Stephen R. Miller, Associate Professor of Law, University of Idaho College of Law

John Leshy, Emeritus Harry D. Sunderland Distinguished Professor of Real Property Law, U.C. Hastings College of the Law; formerly Solicitor, U.S. Department of the Interior during Clinton administration

William Myers III, Partner, Holland & Hart; formerly Solicitor, U.S. Department of the Interior during George W. Bush administration

Bret Birdsong, Professor of Law, UNLV William S. Boyd School of Law; formerly Deputy Solicitor, U.S. Department of Interior during Obama administration

10:45 – 12:15:  Species Conservation and Livestock Grazing

Moderator: Anne Corcoran Briggs, Attorney-Advisor, Boise Field Office, U.S. Department of the Interior

Cally Younger, Legal Counsel, Idaho Office of Governor C.L. “Butch” Otter

Mara Hurwitt, Wild Horses and Livestock Grazing

Anthony L. Francois, Pacific Legal Foundation

Kristin Ruether, Western Watersheds Project

12:15 – 1:00:  Lunch Break

1:00 – 2:00:  Debate:  The Transfer of Public Lands Movement

Moderator: Barbara Cosens, Professor of Law & Associate Dean of Faculty, University of Idaho College of Law

John Leshy, Emeritus Harry D. Sunderland Distinguished Professor of Real Property Law, U.C. Hastings College of the Law; formerly Solicitor of the U.S. Department of the Interior

Richard Seamon, Professor of Law, University of Idaho College of Law, formerly Assistant to the Solicitor General of United States, U.S. Department of Justice; co-author of the legal analysis prepared for the Utah Commission for the Stewardship of Public Lands

2:15 – 3:45:  What is the Role of Government?:  Alternative Regulatory Structures for Livestock Grazing

Moderator:  Jerry Long, Professor of Law, University of Idaho College of Law

John Nagle, John N. Matthews Professor of Law, University of Notre Dame Law School

Peter Appel, Alex W. Smith Professor of Law, University of Georgia School of Law

Rocky Barker, “Letters from the West” columnist, Idaho Statesman

Alan Schroeder, Schroeder & Lezamiz Law Offices, LLP

Michael Lopez, Staff Attorney, Office of Legal Counsel, Nez Perce Tribe

4:00 – 5:30:  Flexibility and Oversight:  Alternative Livestock Grazing Management Options

Moderator:  Anastasia Telesetsky, Professor of Law, University of Idaho College of Law

Tim Murphy, State Director, Idaho, U.S. Bureau of Land Management

John Foltz, Professor, Special Assistant to the University of Idaho President for Agricultural Initiatives, University of Idaho

Melinda Harm Benson, Associate Professor, Department of Geography & Environmental Studies, University of New Mexico

Karen Launchbaugh, Professor, Director of the University of Idaho Rangeland Center, University of Idaho

 

March 30, 2017 | Permalink | Comments (0)

Wednesday, March 22, 2017

Come be my colleague! Idaho Law is hiring a tenure track torts / PR person for Boise

As you may have read in the news, the University of Idaho College of Law just received the "go-ahead" from the ABA to launch a full three-year law school in Boise in addition to our full three-year law school program in Moscow.  (The Boise program currently houses 2Ls and 3Ls).  As a result, we are hiring!  Here is a brief description from the chair of the hiring committee and a link to the official description:

We at the University of Idaho College of Law are doing an out-of-season hire for a torts/PR professor in our Boise location. This person will be part of our new expansion to a second location (from our original home in Moscow, Idaho). This person will be part of teaching our first 1L class in the Boise location. The package includes Torts I, a four-credit first-semester class covering mainly negligence, and Advanced Torts, a three-credit upper division class covering products liability, strict liability, defamation, and some business torts. Professional Responsibility is also part of the package. A fourth course to complete the package will be subject to negotiation with the dean. The search committee includes David Pimentel (chair), Monique Lillard, and Shaakirrah Sanders. Please feel free to direct questions to any of them. And, please do pass this message along to anyone that you think may be interested or qualified. You can view the posting here: https://uidaho.peopleadmin.com/postings/17163

Feel free to reach out to me if you have any questions.

March 22, 2017 | Permalink | Comments (0)

March 31 - LIVE VIDEO - Livestock Grazing on Public Lands: Law, Policy & Rebellion

On Friday, March 31, 2017, the Idaho Law Review will host a really extraordinary group of academics, practitioners and government officials in Boise discussing the topic, "Livestock Grazing on Public Lands:  Law, Policy & Rebellion."  

The agenda is reproduced below and is also available here: https://www.uidaho.edu/law/law-review/symposium

The event will be livestreamed here: https://www.uidaho.edu/law/news/upcoming-events/live.  Remote viewers will also have the ability to ask questions through an interactive question box (note:  the stream box and the question box will not appear on this website until the day of).

The event is also generously sponsored by the U.S. Bureau of Land Management, which has also made this a particularly special event for us.  Please join us, in person or by Internet, if you can!

 

Agenda

8:00:  Continental breakfast and registration

8:20:  Introductions and welcome

8:40:  A Brief Introduction to Grazing Law

Robert Firpo, Attorney-Advisor, Boise Field Office, U.S. Department of the Interior

9:00 – 10:30:  Solicitors’ Panel:  The Past and Future of Livestock Grazing on Public Lands

Moderator: Stephen R. Miller, Associate Professor of Law, University of Idaho College of Law

John Leshy, Emeritus Harry D. Sunderland Distinguished Professor of Real Property Law, U.C. Hastings College of the Law; formerly Solicitor, U.S. Department of the Interior during Clinton administration

William Myers III, Partner, Holland & Hart; formerly Solicitor, U.S. Department of the Interior during George W. Bush administration

Bret Birdsong, Professor of Law, UNLV William S. Boyd School of Law; formerly Deputy Solicitor, U.S. Department of Interior during Obama administration

[Invited: Trump administration Solicitor’s Office representative]

10:45 – 12:15:  Species Conservation and Livestock Grazing

Moderator: Anne Corcoran Briggs, Attorney-Advisor, Boise Field Office, U.S. Department of the Interior

Cally Younger, Legal Counsel, Idaho Office of Governor C.L. “Butch” Otter

Mara Hurwitt, Wild Horses and Livestock Grazing

Anthony L. Francois, Pacific Legal Foundation

Kristin Ruether, Western Watersheds Project

12:15 – 1:00:  Lunch Break

1:00 – 2:00:  Debate:  The Transfer of Public Lands Movement

Moderator: Barbara Cosens, Professor of Law & Associate Dean of Faculty, University of Idaho College of Law

John Leshy, Emeritus Harry D. Sunderland Distinguished Professor of Real Property Law, U.C. Hastings College of the Law; formerly Solicitor of the U.S. Department of the Interior

Richard Seamon, Professor of Law, University of Idaho College of Law, formerly Assistant to the Solicitor General of United States, U.S. Department of Justice; co-author of the legal analysis prepared for the Utah Commission for the Stewardship of Public Lands

2:15 – 3:45:  What is the Role of Government?:  Alternative Regulatory Structures for Livestock Grazing

Moderator:  Jerry Long, Professor of Law, University of Idaho College of Law

John Nagle, John N. Matthews Professor of Law, University of Notre Dame Law School

Peter Appel, Alex W. Smith Professor of Law, University of Georgia School of Law

Rocky Barker, “Letters from the West” columnist, Idaho Statesman

W. Alan Schroeder, Schroeder & Lezamiz Law Offices, LLP

Michael Lopez, Staff Attorney, Office of Legal Counsel, Nez Perce Tribe

4:00 – 5:30:  Flexibility and Oversight:  Alternative Livestock Grazing Management Options

Moderator:  Anastasia Telesetsky, Professor of Law, University of Idaho College of Law

Tim Murphy, State Director, Idaho, U.S. Bureau of Land Management

John Foltz, Professor, Special Assistant to the University of Idaho President for Agricultural Initiatives, University of Idaho

Melinda Harm Benson, Associate Professor, Department of Geography & Environmental Studies, University of New Mexico

Karen Launchbaugh, Professor, Director of the University of Idaho Rangeland Center, University of Idaho

March 22, 2017 | Permalink | Comments (0)

Wednesday, February 15, 2017

Study Space X: Balancing Urban Redevelopment, Economic Growth, Social Equity and Environmental Protection in the Building of a Metropolitan Area - June 19-23 - Marseille

From the folks at GSU Law:

The Center for the Comparative Study of Metropolitan Growth at Georgia State University College of Law is accepting applications for a weeklong workshop in Marseille, France focused on balancing urban revitalization with a culturally diverse population and widespread economic inequality.  Study Space X:  Balancing Urban Redevelopment, Economic Growth, Social Equity and Environmental Protection in the Building of a Metropolitan Area  will take place June 19-23, 2017 and is being organized in conjunction with Aix Marseille Universite, SciencesPo, Métropole Aix-Marseille Provence, and Euroméditerranée.

The cost of the program is $985 and includes scheduled group meals (listed in the schedule), speaker honoraria and site visits.  Hotel (estimated at $1200 for the week with breakfast daily), airfare, and airport ground transportation must be purchased separately.  Some scholarships to help offset the program fee are available, but early application is encouraged.

Attached is the program brochure, which details the schedule and expectations of participants.  You may also find more information online at:   http://law.gsu.edu/centers/metro-growth/study-space-x-marseille-france/

Applications are due April 7, 2017 but early application is encouraged and space is limited.  Apply online at https://insidelaw.gsu.edu/study-space/

If you have any questions or are interested in a scholarship, please contact Karen Johnston at kjohnston3@gsu.edu.

Download Study Space Marseille Final Brochure

Study Space Marseille Final Brochure_Page_1

Study Space Marseille Final Brochure_Page_2

February 15, 2017 | Permalink | Comments (0)

Monday, February 13, 2017

Draft 50-State Survey of State Laws Related to Short-Term Rentals

With the increase in state-level laws addressing the short-term rental market, I asked students in my Economic Development Clinic to do a quick review of state laws, or currently proposed legislation, on the subject.  You can view the first draft here.  We are taking the unusual step of providing this in draft form for two reasons.  First, there is so much action at the state level right now that a survey like this seemed important to get out as soon as possible.  Second, we wanted assistance with anything we have missed or stated incorrectly.  If you see anything that is amiss, let us know and I will update the file.  Feel free to share the link, and it will get prettier and more complete as the semester moves on.  Thanks to my students--Jon Bonneson, Aaren Carnline, Thomas Cruz, and Geoffrey Schroeder for their assistance in compiling this data.

February 13, 2017 | Permalink | Comments (4)