Thursday, February 14, 2013

Legal Aspects of Hydraulic Fracturing: 2013 Idaho Law Review Symposium

I am excited to announce that on March 29, 2013, the Idaho Law Review will be hosting its annual symposium, which this year is Legal Aspects of Hydraulic Fracturing.  As the faculty adviser for the event, I am so proud of our students for putting together such an excellent program that will include both top professors and top practitioners from around the country. 

Even better, we will be live streaming the event so those of you who can't make it to Boise can join us from wherever you might be (office, home, cafe, mountaintop). 

Moreover, we will also offer 5 streaming CLE credits, which should be attractive to practitioners (outside of Idaho, reciprocal credits must be authenticated with attorney's state bar by submitting materials we will provide).

Come join us in Boise if you can, and if you can't make it to Boise, join us online!  Feel free to contact me if you have any questions about the event.

Stephen R. Miller

 

Fracking-idaho-law-review-symposium

 Legal Aspects of Hydraulic Fracturing:  An Idaho Law Review Symposium

CLE Credits and Price: 5 CLE credits. Price $145 CLE, $45 non-CLE (includes breakfast and lunch). Limited seating is available. Register online. Registrations will be processed in the order received.

Registration and Continental Breakfast (8:00 – 8:30)

Introductions and Welcome (8:30 – 8:45)

Science and Technology of Hydraulic Fracturing (8:45-9:45)
Moderator: Anastasia Telesetsky (Idaho)
John Imse (NORWEST)
Virginia Gillerman (Idaho Geological Survey)

Break (9:45-10:00)

Regulation of Hydraulic Fracturing’s Environmental Effects (10:00 – 12:15)

Water. (10:00 – 11:00)
Moderator: Barbara Cosens (Idaho)
Joseph Dellapenna (Villanova)
Robin Kundis Craig (Utah)

Air & Land. (11:00 – 12:00)
Moderator: Jerrold Long (Idaho)
Jim Wedeking (Sidley Austin LLP)
Carlos Romo (Baker Botts LLP)

Morning Wrap-Up Panel Discussion (12:00 – 12:15)

Lunch Break (12:15-1:30)

State & Local Government Regulation Hydraulic Fracturing (1:30 – 2:30)
Moderator: Stephen R. Miller (Idaho)
Uma Outka (Kansas)
Michael Christian (Marcus Christian Hardee & Davies LLP)

Two Hydraulic Fracturing Hot Topics: Trespass & Trade Secrets (2:30 – 3:30)
Moderator: TBA
Chris Kulander (Texas Tech)
Keith Hall (Louisiana State)

Break (3:30 – 3:45)

Does Hydraulic Fracturing Have a Role in a Clean Energy Future? (3:45 – 4:45)
Moderator: Dale D. Goble (Idaho)
Joshua Fershee (West Virginia)
Patrick Parenteau (Vermont)

Concluding remarks (4:45 – 5:00)

Reception (5:00 – 6:00)

 

February 14, 2013 | Permalink | Comments (0) | TrackBack (0)

Wednesday, February 13, 2013

Anderson, MacDonald, Bluthenthal, & Ashwood on an Empirical Study of Reducing Crime with Zoning

James M. Anderson (RAND Corp.), John MacDonald (Penn--Criminology), Ricky Bluthenthal (Southern Cal--Medicine), and J. Scott Ashwood (RAND Corp.)  have posted Reducing Crime by Shaping the Built Environment with Zoning: An Empirical Study of Los Angeles, 161 University of Pennsylvania Law Review 699 (2013).  The abstract:

The idea of using law to change the built environment in ways that reduce opportunities to commit crimes has a long history. Unfortunately, this idea has received relatively little attention in the legal academy and only limited rigorous empirical scrutiny. In this Article, we review the considerable literature on the relationship between zoning, the built environment, and crime. We then report the results of two empirical studies on these relationships. First, we conducted a study of the effect of zoning on crime using 205 blocks selected in eight different relatively high crime neighborhoods in Los Angeles that have similar demographic character- istics but different forms of zoned land use. We find that mixed commercial- and residential-zoned areas are associated with lower crime than are commercial-only zoned areas. Second, we matched neighborhoods undergoing zoning changes between 2006 and 2010 with neighborhoods that underwent no zoning changes during this period but had similar preexisting crime trajectories between 1994 and 2005. The primary zoning change in these neighborhoods was to convert parcels to residential uses. We find that neighborhoods in which there was a zoning change experienced a significant decline in crime. Our results suggest that mixing residential-only zoning into commercial blocks may be a promising means of reducing crime.

Looks like a fascinating interdisciplinary collaboration.

Matt Festa

February 13, 2013 in Crime, Scholarship, Urbanism, Zoning | Permalink | Comments (0) | TrackBack (0)

Missouri Law Conference on Promoting Sustainable Energy through Tax Policy

The University of Missouri School of Law is hosting a Symposium on February 22, 2013, called Promoting Sustainable Energy through Tax Policy.  Sponsored by the Journal of Environmental and Sustainability Law and the Missouri Tax Law Society, the event will be introduced by Mizzou profs Michelle Arnopol Cecil and our own guest blogger Troy Rule, and features panels with Alexandra Klass (Minnesota), Steve Gaw (The Wind Coalition), Felix Mormann (Miami), Roberta Mann (Oregon), Robert Peroni (Texas), with a keynote by David Weisbach (Chicago).  Here's the info and link:

Renewable energy and sustainable development are valuable means of combatting climate change and of reducing the nation’s reliance on foreign energy sources. Recognizing the importance of sustainable energy, state and federal policymakers have employed aggressive tax incentive programs to stimulate unprecedented growth in wind energy, solar energy, biomass, green building, and related industries in recent years. Unfortunately, shortfalls in many state budgets and growing concerns about the national debt are now creating pressure for governments to extinguish these tax programs — a move that could bring progress in the nation’s fledgling sustainable energy sector to a grinding halt.

This year’s Journal of Environmental and Sustainability Law symposium is being sponsored jointly with the University of Missouri Tax Law Society. The symposium explores questions about the long-term role of tax policy as a tool for promoting renewable energy and sustainability in the United States.

Cost and Registration

The symposium is free and open to the public.
Registration is suggested by Friday, February 15.

To register, please contact:
Journal of Environmental and Sustainability Law
University of Missouri School of Law
12E Hulston Hall
Columbia, MO 65211
umclawjesl@missouri.edu

More Information on 2013 JESL Symposium

Matt Festa

February 13, 2013 in Clean Energy, Climate, Conferences, Environmental Law, Environmentalism, Federal Government, Local Government, Oil & Gas, Politics, Scholarship, State Government, Wind Energy | Permalink | Comments (0) | TrackBack (0)

Tuesday, February 12, 2013

Dispute over Yard Sign Destroys Fairfax HOA

A Virginia Homeowner's Assocation appears to have gone bankrupt due to litigation over its attempts to enforce its rules against a four-inch violation by a couple's Obama yard sign during the 2008 election.  After four years, skyrocketing assessments, and hundreds of thousands of dollars in legal fees, the bankrupt HOA is considering selling off the central common area.  From the Washington Post, Feud over sign could force Fairfax's Olde Belhaven to sell square.

Such HOA disputes are as suburban as cul-de-sacs and two-car garages, but few metastasize into legal battles that spend years in the courts, break legal ground and bankrupt the HOA.

Most damaging of all, though, was a move probably unprecedented in area neighborhood feuds: The common area that is the literal and metaphoric heart of Olde Belhaven was put up for sale last year to settle its debts. It appeared that “the square,” as some called the neighborhood, would no longer have a square.

“It destroyed our community,” Maria Farran said.

The litigation ranged from a challenge to the HOA's power to fine the owners, and a retaliation claim.  It made some new law:

In 2010, a county judge sided with the Farrans on the fining issue. The case set a Virginia precedent that HOAs cannot claim powers, such as fining, that are not specifically laid out in their covenants. 

 You can read the whole article for a great description of the legal issues and the story.  As HOAs trend toward more extensive sets of rules, and as not everyone buys in, you can probably finds examples of similar (if not quite so expensive) conflicts in communities around the country.  And one thing that's common to both public and private regulation: when individual property rights clash with collective restrictions regarding people's homes, passions run high--even (especially?) when the stakes are as low as four inches on a political yard sign.

Thanks to Helen Jenkins for the pointer.

Matt Festa

February 12, 2013 in Common Interest Communities, Constitutional Law, First Amendment, Homeowners Associations, Politics, Property Rights, State Government, Subdivision Regulations, Suburbs | Permalink | Comments (0) | TrackBack (0)

Perpetual Conservation Easements Conference at Utah

This Friday afternoon the University of Utah College of Law will host a conference on perpetual conservation easements, organized by Prof. Nancy McLaughlin, whose work on the subject we have featured here on the blog.  [Note--Jessie posted this previously, but here is an update:] If you can't book a last-minute ticket to Salt Lake City, the good news is--you can watch it live on the Internet!!  Here's the info:

Perpetual Conservation Easements:
What Have We Learned and
Where Should We Go From Here?

Friday, February 15, 2013
12:00 - 5:00 p.m. MST

Watch Live Online!

The public is investing billions of dollars in conservation easements, which now protect more than 18 million acres throughout the United States. But uncertainties in the law and abusive practices threaten to undermine public confidence in and the effectiveness of conservation easements as land protection tools. This conference will explore these issues, with the goal of minimizing abuse and helping to ensure that conservation easements actually provide the promised conservation benefits to the public over the long term. Leaders in their respective fields will address (i) the federal tax incentives offered with respect to easements donated as charitable gifts to certain qualified holders, (ii) the state conservation easement enabling statutes, (iii) federal and state oversight of charities, and (iv) the role of state attorney general offices in the charitable sector and in the protection of charitable assets on behalf of the public. Read More >>.

The full conference agenda is available on the website. An abbreviated version is listed below.

12:00-12:20 p.m. - Introduction
12:20-1:20 p.m. - Federal Tax Incentives
1:20-2:20 p.m. - State Enabling Statutes
2:45-3:45 p.m. - Charity Oversight
3:45-4:45 p.m. - Working with State Attorney General Offices
4:45-5:00 p.m. - Closing remarks

For more information call 801-585-3440 or send an email to stegner@law.utah.edu.

Matt Festa

February 12, 2013 in Conferences, Conservation Easements | Permalink | Comments (0) | TrackBack (0)