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.

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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)

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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)

Hawaii Law sharing economy symposium this Friday!

I am excited to be participating in the University of Hawai‘i at Mānoa William S. Richardson School of Law's sharing economy symposium, which will be held this coming Friday.  Here is the flyer:

UHLR Sharing Economy Symposium

February 13, 2017 | Permalink | Comments (0)

Monday, February 6, 2017

Cal Fire Science Consortium webinar: Feb 16 @ 11 PST: Miller on a Four-Step Approach for Planning for Wildfire in the WUI

I am excited to be giving a webinar lecture on my wildfire planning guide for the California Fire Science Consortium on Thursday, February 16 at 11 am PST.  Learn more about their excellent series of webinars here.  Here is the announcement:

Our first webinar in our 2017 WUI Webinar series will be Feb. 16, 2017 with Professor Stephen R. Miller on a Four-Step Approach for Planning for Wildfire in the WUI. 

About the Webinar

This talk will focus on a four-step approach to integrating wildfire planning for the wildland-urban interface (WUI) through a variety of planning and implementation processes that work across departments within local governments.  Attendees may wish to review the guide on which the talk will be based prior to the session.

View WUI Wildfire Planning Guide PDF >

The talk will begin by briefly discussing how the WUI is both a sociological and legal term that is fluid based upon context, and how that fluidity matters for planning purposes.  The talk will then discuss a conceptual framework that local communities — governmental and non-governmental — can use over time. This framework, referred to in the presentation as the “WUI Wildfire Planning Process,” consists primarily of a four-step, cyclical planning process that revolves around the inter-governmental National Cohesive Strategy Vision and Goals for wildfire, and is supported at all times by education and outreach.  The four active steps of the WUI Wildfire Planning Process are: draft and adopt a community wildfire protection plan (CWPP); regulate and incentivize the built environment at all scales; implement, maintain and enforce regulations and incentives; and respond to substantial changes such as wildfires or the passage of time. While each of these steps is well known in the fire world, finding ways to create an integrated, on-going fire strategy across departments has remained elusive in many communities.  This talk will discuss how this conceptual framework can assist planning efforts.


About the Presenter

Stephen R. Miller is a law professor at the University of Idaho College of Law in Boise.  He is principal investigator on a three-year grant from the U.S. Forest Service and Idaho Department of Lands to investigate and propose best practices for wildfire planning in the West.  Along with his collaborators, he recently published a 167-page WUI wildfire planning guide, which details the four-step approach he will discuss in the webinar.  Professor Miller holds an A.B. from Brown University, a master’s in urban planning from University of California, Berkeley, and a J.D. from University of California, Hastings.  In addition to wildfire, Professor Miller is a prolific writer on a variety of topics in the areas of land use, sustainability, and urban environmental law.  Learn more about Professor Miller here and access his other writings here.

February 6, 2017 | Permalink | Comments (0)

Friday, February 3, 2017

Livestock Grazing on Public Lands: Law, Policy and Rebellion: 2017 Idaho Law Review Symposium

I am delighted to be the faculty advisor for the 2017 Idaho Law Review Symposium, "Livestock Grazing on Public Lands:  Law, Policy and Rebellion," which will be held in Boise, Idaho on March 31, 2017.  We have a star-studded array of public lands experts coming for the event, and plan to stream it live.  More on that soon.  In the meantime, if you are in the Boise area, here is the registration link.  We also are doing some amazing partnering events associated with the symposium with BLM Idaho, which I will post more about in the coming days.

 

The line-up is below:

 

8:30:  Introductions and welcome

9:00 – 10:30:  Solicitor's Panel:  The Past and Future of Livestock Grazing on Public Lands

Moderator: Stephen R. Miller, 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

Sam Eaton, Deputy Administrator & Legal Counsel, Idaho Governor's Office of Species Conservation

Mara Hurwitt, Wild Horses and Livestock Grazing

Anthony L. Francois, Pacific Legal Foundation

Kristin Ruether, Western Watersheds Project

 

12:30 – 2:00:  Lunch & Debate:  The Transfer of Public Lands Movement

Moderator: Barbara Cosens, 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, University of Idaho College of Law

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

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

Rocky Barker, Idaho Statesman, Letters from the West columnist

Alan Schroeder, Schroeder & Lezamiz Law Offices, LLP

 

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

Moderator:  Anastasia Telesetsky, University of Idaho College of Law

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

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

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

February 3, 2017 | Permalink | Comments (0)

Thursday, February 2, 2017

Drake Law School and the University of Colorado Denver’s Center for Sustainable Urbanism Partner to Update Sustainable Community Development Code

NEWS RELEASE

Drake Law School and the University of Colorado Denver’s Center for Sustainable Urbanism Partner to Update Sustainable Community Development Code

DES MOINES, IA | DENVER, CO (February 1, 2017): Drake University Law School has entered into a partnership with the University of Colorado Denver’s Center for Sustainable Urbanism and Clarion Associates, LLC, to update and expand the Sustainable Community Development Code. This online, interactive model code provides state and local governments with examples of the most innovative and up-to-date land use standards to promote sustainable development. The code has been used by numerous cities, towns, and counties across the United States to help tune-up their zoning, subdivision, and other development ordinances by removing barriers, creating incentives, and filling regulatory gaps.

Faculty, research assistants, and students from the partner institutions will collaborate to update the code. Jonathan Rosenbloom, professor of law at Drake Law School, and Rocky Piro, FAICP, executive director of the Colorado Center for Sustainable Urbanism in the College of Architecture and Planning, are co-leads of the code project, with support of an advisory committee comprised of land use and sustainability experts from around the country.

“One of the most powerful tools local governments have is authority over land use,” Rosenbloom said. “The updated code will be an invaluable resource to help local governments utilize this authority in a way that promotes environmentally, socially, and economically sustainable communities.”

Increasingly, local governments are targeting land use and development as pathways to sustainability—from climate change, water conservation, and renewable energy to transportation, food security, community health, and affordable housing. Traditional land use and development policies and patterns, however, are often at odds with community sustainability goals.

Originally created by the Rocky Mountain Land Use Institute at the University of Denver and Clarion Associates, LLC, the Sustainable Community Development Code was designed to solve this problem, offering the best ideas about how to promote sustainability through innovative land use and development standards.

“The partnership between the Center and Drake Law School is an exciting, timely one that will help refresh and expand the model code at a crucial time as local governments take a more prominent role across the nation in promoting sustainable growth and tackling tough issues like climate change,” said Chris Duerksen, former board chair at the Rocky Mountain Land Use Institute and land use attorney with Clarion Associates, which helped create the code.

“The update and maintenance of the code meshes very well with the mission of the Colorado Center for Sustainable Urbanism and its commitment to provide resources that help make cities and towns more vibrant, livable, sustainable, and equitable places,” Piro said.

Students at both universities will work on developing the code as part of their coursework, including students in Drake Law School’s Land Use Law and Sustainability and the Law courses. In addition, each year two Drake Law students will have the opportunity to work on continually updating the code. “This is a great opportunity for students to gain hands-on experience in sustainability practices,” Rosenbloom said.

Drake Law School prepares outstanding lawyers who will promote justice, serve as leaders in their communities and the legal profession, and respond to the call of public service. One of the 25 oldest law schools in the country, Drake combines a rich history with the latest technology and an innovative curriculum. Drake Law School is consistently ranked as one of the Best Law Schools for Practical Training by The National Jurist and focuses on providing practical experience to equip students for career success.

The Colorado Center for Sustainable Urbanism in the College of Architecture and Planning at the University of Colorado Denver is a collaborative home for urban planners, architects, engineers, economists, health professionals, public policy experts, and others to work together in using best available information and best practices to advance sustainable solutions for both the natural environment and the built environment.

The College of Architecture and Planning at the University of Colorado Denver is the only college in Colorado offering comprehensive programs in the design and planning of the built environment, from undergraduate through accredited professional master’s degrees to the doctorate.

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February 2, 2017 | Permalink | Comments (0)

Monday, January 30, 2017

CFP - 4th International & Comparative Urban Law Conference - Cape Town - July 17-18

 

 

4th Annual International  Comparative Urban Law Conference_Page_1

January 30, 2017 | Permalink | Comments (0)

Friday, January 27, 2017

A new conservation easement case from Maine’s highest court is a lesson in statutory interpretation.

ESTATE OF MERRILL P. ROBBINS v. CHEBEAGUE & CUMBERLAND LAND TRUST (Sup. Judicial Ct. Maine Jan. 26, 2017), 2017 WL 370891

A controversy over the development of land encumbered with a conservation easement in Maine sparked an inquiry into who has standing to challenge a conservation easement in the state. In a 3-2 opinion, the court narrowly construed the statute limiting who can enforce a conservation easement (or at least dispute its terms) in the state.

In 1997, a landowner granted a 100-acre conservation easement to a local land trust for preservation in perpetuity of the land in its natural state to protect scenic views and open space values. At some point in the intervening years, the conservation easement was transferred to a successor in interest land trust and the parcel was divided into three. The 100 acres are now held by the town, a developer, and a trust that is the successor to the original landowner. The opinion does not detail the exact spatial arrangement or acreage, but notes that the Trust has the smallest acreage. (I could not tell if the Trust land is physically adjacent to the Town property.) The Town now seeks to develop its portion of the land into a public beach, which will include relocating a bath house, repairing some roads, and building a parking lot. The Land Trust has determined that such activities are in line with the purposes of the conservation easement and approved of the Town’s proposal. The Trust is not happy though and argues that these changes are violations of the conservation easement.

For the both the majority opinion and the dissent, this case turns on the interpretation of Maine’s conservation easement enabling act. Section 478(1) of Maine’s Revised Statutes details who has the ability to bring an action affecting a conservation easement. The statute presents four categories of possible plaintiffs (or intervenors) for “an action affecting a conservation easement.” They are “An owner of an interest in real property burdened by the easement,” the holder of the conservation easement, an entity or person with a third party right of enforcement, or the Attorney General under certain conditions. The only category at issue in this case is (A): the owner of an interest in real property burdened by the easement.

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January 27, 2017 | Permalink | Comments (0)

Tuesday, January 24, 2017

Seeking examples of historic preservation funded by upzoning with public benefits

In my non-day job, I am a board member of a local neighborhood association in Boise.  A major upcoming issue in our historic neighborhood is the Salvation Army's closure of a 1921 building known as the Marian Pritchett School, which has provided a home and education for young mothers for nearly a century.  That building, which has a mid-century addition, sits on an entire city block in Boise's oldest residential neighborhood, called the North End.  (Full disclosure:  I live two blocks away from the site.)  The Salvation Army is seeking to sell the building for as much as it can in order to fund a new building several miles away.

The availability of an entire block in this otherwise fully urbanized neighborhood is, quite literally, a once-in-a-generation opportunity.  The question is:  what to do with it?  I am looking for examples from around the country where historic structures have been paired with private development in a project of this scale to (i) preserve the historic building and (ii) confer a public benefit.  There is also a lovely neighborhood park within a block of the site, further enhancing the project's appeal.  One possibility that may be on the table:  the city may be leaning towards up-zoning the site to permit high-density residential in this otherwise single-family neighborhood.  If it does so, the additional revenue to the private developer should permit the conveyance of a public benefit, such as perhaps the operation of a public arts or play program in the adjoining park.  I'd welcome any examples, especially of projects at this scale, that would illustrate how other communities have permitted density in singel-family neighborhoods while also preserving historic structures and enhancing the community at large.  Other interesting projects also welcome.  You can e-mail me at millers <at> uidaho.edu.

(Article about the house here.)

0703 exp marian pritchett school

 

January 24, 2017 | Permalink | Comments (0)

Saturday, January 21, 2017

Our Land, not Trumpland

A "huge crowd" at today's march in Boise.  Not unexpectedly, my sign was land use-themed.

 

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January 21, 2017 | Permalink | Comments (0)

Friday, January 20, 2017

Schleicher on the Economic Consequences of Residential Stability

David Schleicher (Yale) has just posted a new article, Stuck in Place: Law and the Economic Consequences of Residential Stability.  Here is the abstract:

America has become a nation of homebodies. Rates of inter-state mobility, by most estimates, have been falling for decades. Even research that does not find a general decline finds that inter-state mobility rates are low among disadvantaged groups and are not increasing despite a growing connection between moving and economic opportunity. Perhaps more important than changes in overall mobility rates are declines in mobility in situations and places where it is particularly important. People are not leaving areas hit by economic crises, with unemployment rates and low wages lingering in these areas for decades. And people are not moving to rich regions where the highest wages are available.

This Article advances two central claims. First, declining inter-state mobility rates create problems for federal macroeconomic policy-making. Low rates of inter-state mobility make it harder for the Federal Reserve to meet both sides of its “dual mandate” of stable prices and maximum employment; impair the efficacy and affordability of federal safety net programs that rely on state and local participation; and reduce both levels of wealth and rates of growth by inhibiting agglomeration economies. While determining an optimal rate of inter-state mobility is difficult, policies that unnaturally inhibit inter-state moves worsen national economic problems.

Second, the Article argues that governments, mostly at the state and local levels, have created a huge number of legal barriers to inter-state mobility. Land-use laws and occupational licensing regimes limit entry into local and state labor markets; differing eligibility standards for public benefits, public employee pension policies, homeownership subsidies, state and local tax regimes, and even basic property law rules reduce exit from states and cities with less opportunity; and building codes, mobile home bans, federal location-based subsidies, legal constraints on knocking down houses and the problematic structure of Chapter 9 municipal bankruptcy all limit the capacity of failing cities to “shrink” gracefully, directly reducing exit among some populations and increasing the economic and social costs of entry limits elsewhere.

Put together, the Article shows that big questions of macroeconomic policy and performance turn on the content of state and local policies usually analyzed using microeconomic tools. Many of the legal barriers to inter-state mobility emerged or became stricter during the period in which inter-state mobility declined. While assigning causality is difficult, public policies developed by state and local governments more interested in local population stability than in ensuring successful macroeconomic conditions either generated or did not push back against falling mobility rates. The Article concludes by suggesting ways the federal government could address falling mobility rates.

The article was also recently featured in Slate.

 

 

January 20, 2017 | Permalink | Comments (0)

Thursday, January 5, 2017

When you want to travel fashionably...

...come visit me in Idaho.

Vogue named Idaho one of the world's top 10 travel destinations of 2017.  I look forward to welcoming the land use glitterati among you to our fabulous state this year!

From the Vogue write-up...

Photo: Alamy

7. Idaho
Idaho is having a moment. The capital, Boise, may not have an Ace Hotel yet, but it’s quietly setting itself up to be one of America’s most desirable second-tier cities with hip lodging like the Modern Hotel + Bar, indie coffee shops, creative hubs, distilleries, and a serious craft beer scene. And then of course, there’s the incredible access to the outdoors, including more than 190 miles of trails to hike, run, and bike in the Boise Foothills. Hemingway’s beloved Sun Valley, while often overlooked for glitzier mountain towns like Telluride, Park City, and Jackson Hole, is having a renaissance. America’s first destination ski resort area offers some of the best slopes in the U.S. and still maintains a laid-back mountain-town feel (think Aspen in the ’60s). The December 30 opening of the Limelight Ketchum, the first new hotel in more than two decades, will bring some youthful energy to the mountains. And this March, the Sun Valley Resort will host the U.S. Alpine Championships for the first time since 1951. Farther afield, Selkirk Powder Company recently announced it will be offering heli-skiing trips to the Idaho panhandle beyond the Schweitzer Mountain backcountry, giving adventurers access to the rugged and untapped American Selkirk Range of northern Idaho.

January 5, 2017 | Permalink | Comments (0)