Tuesday, February 21, 2012
An interesting local government story from the L.A. Times: East Los Angeles, an unincorporated and predominantly Latino neighborhood of 126,000 in Los Angeles county has had its latest petition to incorporate as a municipality denied by the Local Agency Formation Commission (LAFCO.)
Unlike many states, which simply permit any unincorporated area to incorporate if it can gather enough signatures for an incorporation petition, California actually requires all proposed municipal boundary changes to be approved by LAFCO, and one of the major factors LAFCO considers is the fiscal viability of the proposed municipality. In this case, the LAFCO concluded that East L.A. lacks sufficient taxable resources to generate sufficient tax revenue to finance the municipal services (fire, police, etc.) that the new city would require.
East L.A.'s situation is interesting for many reasons. For one thing, it highlights what Michelle Anderson has referred to as the problem of municipal "underbounding." Take a look at the map of the Los Angeles basin below:
It's hard to read, but you can see that I have circled East LA in the center of the map. The white portion of the map to the west and north of East LA are all encompassed within the city of Los Angeles. The multi-colored territories to the East and South are other incorporated cities. You can see that aside from a few small "islands" of unincorporated territory, most of the urbanized part of LA county lies within some incorporated municipality. So what happened?
As detailed in Gary Miller's excellent book Cities by Contract, during the 1940s and 50s the two largest cities in LA county, Los Angeles and Long Beach, began aggressively annexing neighboring unincorporated land. Many unincorporated areas were apprehensive because they sensed that annexation was driven by a desire to acquire tax-rich territory so as to redistribute tax revenue from the annexed territory to the annexing municipality. These unincorporated areas could prevent annexation only by incorporating as municipalities themselves, but if they did so, they would then become responsible for financing their own municipal services, a potentially crippling burden. LA county was also worried about the annexations because, as LA and Long Beach grew and swallowed unincorporated areas, they took power away from the county. So the county and the unincorporated areas came up with an ingenious idea called "the Lakewood plan." Under the Lakewood plan, any incorporated municipality could "contract" with the county for the provision of services so as to take advantage of the county's economies of scale in the provision of services while allowing municipalities to retain the powers they really wanted: taxing, zoning, and school control. With the Lakewood plan in place, there was no disincentive for unincorporated areas to incorporate, and they did so with abandon. Today there are 88 incorporated municipalities in LA county.
So why did East LA not incorporate? Frankly, no one wanted to annex poor areas like East LA, so East LA had no reason to incorporate. And, even under the Lakewood plan, incorporated municipalities would still be required to finance their schools out of their own tax base, which is a very significant expenditure for a poor area. The result is that East LA remained unincorporated. So why incorporate now? And why are they being prevented from doing so?
The second question is somewhat easier to answer. After the rash of Lakewood plan incorporations, someone in California state government decided this system of willy-nilly incorporation was crazy, and the LAFCO was formed in order to create a more orderly process of dealing with municipal boundary changes.
Now the harder question: why would east LA want to incorporate in light of the crushing financial burden that would impose? Remember, by remaining unincorporated, East LA receives services from LA county that are highly subsidized by residents of incorporated cities, who are still required to pay property taxes to the county in addition to the fees they pay for the contracted services. Why forego this subsidy and have to pay your own way? Incorporating would give East LA control of its own zoning, schools, and tax base, but with such a minimal tax base they would apparently be better off (and LAFCO certainly thought so) getting their subsidy from the county.
According to the website for the East LA cityhood movement, the goal is the basic one of bringing local government closer to the people. LA county government is the largest local government in the United States, with a population of 10 million, but has only a five-person board of supervisors. If my remedial math serves, that means each supervisor governs roughly 2 million people.
The East LA incorporation drive runs counter to the received wisdom that municipal boundary change follows a kind of "public choice" logic in which the motivation of annexing cities is to loot the tax revenue of unincorporated areas and unincorporated areas are driven by the selfish desire to hoard their stash from being redistributed to the urban masses. Here, it seems, the desire to incorporate stems from a yearning for self-government by a group of people who perceive themselves as a distinct community within the larger city.
Richard Briffault writes that there are two competing conceptions of local government in our political system: the polis and the firm. Local governments are sometimes seen as little democratic republics, and other times as participants in a marketplace. East LA's incorporation petition seems to rest on the former conception of local government -- a city is a forum for enlightened self-government. The reason East LA's petition has been stymied, however, is because LAFCO adheres to the latter conception -- local governments are business organizations. It is telling in this regard that the principal reason LAFCO gives for disapproving the incorporation is that East LA lacks a sufficient number of big-box stores to support an independent city.
Wednesday, October 5, 2011
Slate has an interesting article on racist places names, a follow up to the controversy about the name of Texas Gov. Rick Perry's family hunting camp (a name I don't feel comfortable repeating here). I found this interesting because recently in Hall County, Georgia my husband and I traveled on Jim Crow Road. And this is not something that county officials have simply overlooked, because they proudly advertise the road as the location of a park and regional tennis center on this website. Now, whether the road is named after a person named Jim Crow, or after the pervasive and violent Southern system of racial segregation, to have a place name like this extant in 2011 seems tone deaf at best. Perhaps my perception is colored by the fact that we represent an African-American neighborhood in Gainesville/Hall County that was established under racial segregation in the 1930s and is still suffering separate, and unequal, treatment to this day. (My previous posts on this work are available here.)
Jamie Baker Roskie
Sunday, June 5, 2011
Soon after releasing the new version of his electronic land use casebook, Garrett Power (Maryland) has posted Wallace McHarg's Plans for a Greater Baltimore. Here's the abstract:
This essay considers the growth of the partnership between David Wallace and Ian McHarg into one of the nation’s dominant urban design and environmental planning firms. It focuses on the firm’s undertaking in the Greater Baltimore region in the 1950’s, 1960’s, and 1970’s. With the benefit of fifty years of hindsight it looks at the successes and failures of their plans for Charles Center, the Green Spring and Worthington Valleys, and the Inner Harbor. Surprisingly, prize-winning innovations praised in one generation came to be judged as the design flaws of the next. Less surprisingly, their plans to "design with nature" sometimes were used by their clients to promote racial and economic segregation.
This last sentence refers to the use of McHarg-Wallace's plans promoting ecologically sound suburban development for exclusionary planning practices even though the original plans called for environmentally sensitive siting of dense affordable housing. Check it out.
June 5, 2011 in Affordable Housing, Community Design, Density, Development, Environmental Justice, Environmentalism, Planning, Redevelopment, Scholarship, Suburbs | Permalink | Comments (0) | TrackBack (0)
Wednesday, April 6, 2011
From Michael Gerrard at Columbia Law:
Center for Climate Change Law, Columbia Law School and The Republic of the Marshall Islands
invite you to attend an international academic conference:
THREATENED ISLAND NATIONS:
LEGAL IMPLICATIONS OF RISING SEAS AND A CHANGING CLIMATE
May 23 - 25, 2011
New York, New York
DAY ONE: THE STATUS QUO -- SHIFTING LEGAL OPTIONS IN A CHANGING WORLD
Scientific summary: How much time do we have?
Statehood and statelessness
Preserving marine rights: Fishing and minerals
DAY TWO: WHAT CAN BE DONE TO HELP, AND HOW TO DO IT
Resettlement and migration issues
Existing legal structures
A new international convention?
DAY THREE: DOMESTIC OPTIONS FOR SMALL ISLAND STATES
Engineering for the future
Law and policy choices
[Visit this link for] Further information, and registration to attend conference or to view live webcast.
Jamie Baker Roskie
Wednesday, March 23, 2011
Sheila Foster (Fordham) has just posted Collective Action and the Urban Commons, 87 Notre Dame L. Rev. ___ (forthcoming 2011), another interesting and important article on community control of land resources in the urban context. Here's the abstract:
Urban residents share access to a number of local resources in which they have a common stake. These resources range from local streets and parks to public spaces to a variety of shared neighborhood amenities. Collectively shared urban resources suffer from the same rivalry and free-riding problems that Garrett Hardin described in his Tragedy of the Commons tale. Scholars have not yet worked up a theory about how this tragedy unfolds in the urban context, particularly in light of existing government regulation and control of common urban resources. This Article argues that the tragedy of the urban commons unfolds during periods of “regulatory slippage” - when the level of local government oversight and management of the resource significantly declines, leaving the resource vulnerable to expanded access by competing users and uses. Overuse or unrestrained competition in the use of these resources can quickly lead to congestion, rivalry and resource degradation. Tales abound in cities across the country of streets, parks, and vacant land that were once thriving urban spaces but have become overrun, dirty, prone to criminal activity, and virtually abandoned by most users.
Proposed solutions to the rivalry, congestion and degradation that afflict common urban resources typically track the traditional public-private dichotomy of governance approaches. These solutions propose either a more assertive central government role or privatization of the resource. Neither of these proposed solutions has taken root, I argue, because of the potential costs that each carry - costs to the local government during times of fiscal strain, costs to communities where the majority of residents are non-property owners, and costs to internal community governance. What has taken root, however, are various forms of cooperative management regimes by groups of users. Despite the robust literature on self-organized management of natural resources, scholars have largely ignored collective action in the urban context. In fact, many urban scholars have assumed that collective action is unlikely in urban communities where social disorder exists.
This Article highlights the ways in which common urban resources are being managed by groups of users in the absence of government coercion or management and without transferring ownership into private hands. This collective action occurs in the shadow of continued state and local government ownership and oversight of the resources. Formally, although the state continues to hold the regulatory reigns, in practice we see the public role shifting away from a centralized governmental role to what I call an “enabling” one in which state and local government provides incentives and lend support to private actors who are able to overcome free-riding and coordination problems to manage collective resources. This Article develops this enabling role, marks its contours and limits, and raises three normative concerns that have gone unattended by policymakers.
March 23, 2011 in Agriculture, Community Design, Community Economic Development, Economic Development, Environmental Justice, Environmental Law, Environmentalism, Food, Land Trust, Local Government, Property, Property Theory, Scholarship, Urbanism | Permalink | Comments (0) | TrackBack (0)
Wednesday, March 9, 2011
It was great to have the chance at ALPS to get a preview of a work-in-progress by Ezra Rosser (American). In his talk, "The Limits of (Progressive) Property," Ezra articulated the reasons for his pessimism about property law as a vehicle for progressive social change, responding to the views expressed by several leading neo-Aristotelian property scholars in a 2009 special issue of the Cornell Law Review. I am looking forward to seeing Ezra's work in print.
Recently Ezra has posted his forthcoming article, Offsetting and the Consumption of Social Responsibility, 89 Wash. L. Rev. ___ (2011). Here's the abstract:
This Article examines the relationship between individual consumption and consumption-based harms by focusing on the rise in consumption offsetting. Carbon offsets are but the leading edge of a rise in consumer options for offsetting externalities associated with consumption. Moving from examples of quasi offsetting to environmental offsetting and the possibility of poverty offset institutions, I argue that offsetting provides a valuable mechanism for individuals to correct for the harms associated with consumption. This article makes two major contributions to how we understand the relationship between consumption and social responsibility. First, it identifies an emerging offsetting phenomenon in seemingly discrete market practices and gives suggestions for improving upon them. Second, it suggests that by taking seriously both consumption and externalities, progress can be made on everything from the environment to global poverty. Offsetting, while not getting at all moral or societal obligations, does root such obligations in the shared activity, and perhaps belief, of Americans: consumption.
March 9, 2011 in Clean Energy, Climate, Environmental Justice, Environmental Law, Environmentalism, Green Building, Property, Property Theory, Scholarship, Sustainability | Permalink | Comments (0) | TrackBack (0)
Saturday, March 5, 2011
NPR this evening featured a story about a dispute in West Virginia over the preservation of Blair Mountain, site of a 1921 miner uprising that claimed the lives of 100 men. Massey Energy, owner of the mine in which 29 workers died nearby last April, is one of two companies that owns land adjacent to the site. After being placed on the National Register of Historic Places, Blair Mountain's protection was removed by state officials thereby eliminating a barrier to the leveling of the site through mountain top removal of the coal within.
March 5, 2011 in Clean Energy, Economic Development, Environmental Justice, Environmental Law, Environmentalism, Historic Preservation, History, Industrial Regulation, Oil & Gas, State Government | Permalink | Comments (0) | TrackBack (0)
Tuesday, March 1, 2011
From Susan Ruthberg at Golden Gate Law:
Today, in Potrero Hill, the last fossil fuel power plant in the City of San Francisco will close after a decade of legal efforts by community groups, the City of San Francisco and Golden Gate University School of Law’s Environmental Law & Justice Clinic (ELJC). On December 21, 2010, local and state figures gathered to announce the closure. Late last week, the Federal Energy Regulatory Commission (FERC) made official the decision for today’s closure. For San Francisco residents in Bayview Hunters Point, Dogpatch and in the Potrero neighborhood where the plant is located, this means a future free of noxious air pollution.
ELJC Director Professor Helen Kang describes the significance of the final closure this way, “This is an environmental victory, but an equally important social justice coup, as these polluting plants were inevitably located in the low-income and working class neighborhoods of San Francisco, affecting a high percentage of non-white residents.”
Golden Gate Law’s ELJC and community groups have worked for decades on a regional level to reduce dependence on fossil-fuel based energy generation. Along the way, the Clinic filed a lawsuit against the Potrero power plant owner Mirant (now GenOn) to enforce the Clean Air Act, and law students testified before hearings held before the San Francisco Board of Supervisors.
ELJC was also involved in efforts that shut down the plant in Bayview Hunters Point in 2006. Eliminating fossil fuel plants in San Francisco required community groups (with ELJC performing legal work) to exhaust every possible avenue. Community groups organized and put on demonstrations, and legal advocates, including the Clinic and the City Attorney’s Office, monitored the power plants’ compliance with environmental laws and advocated for eliminating the use of bay waters as cooling sources for the plant—a practice that environmentalists say endangered aquatic life in the Bay.
Golden Gate Law Professor Alan Ramo, who led ELJC efforts in the early years, reflects on the decade-long, collaborative effort that made this monumental day possible. “I am grateful to ELJC’s clients such as the Bayview Hunters Point Community Advocates and Communities for a Better Environment for giving our Clinic the opportunity to support their tireless and heroic efforts. Likewise, we are deeply thankful for the consistent support of The City Attorney's office, and in particular Theresa Mueller, Supervisor Sophie Maxwell and (former) Supervisor Aaron Peskin.”
While today’s closure represents a tremendous effort and victory for environmental justice, it is one component of multi-faceted, global effort aimed at increasing renewable energy sources. At the United Nations Climate Change Conference in December 2010, scientists and environmental leaders agreed upon the need to address climate change globally. More stringent actions to reduce greenhouse gas emissions, in particular by industrialized nations (and in states like California), cannot be postponed much longer. Still, today’s plant closure is a powerful symbol of community solidarity. Resident and community leader Karen Pierce of Bayview Hunters Point Community Advocates describes the meaning of today’s closure this way: “This final closure demonstrates that communities working together along with their government can successfully eliminate fossil fuel and other pollutants that affect their neighborhoods and families.”
You can also read Helen Kang's blog post about the victory here.
Jamie Baker Roskie
Sunday, February 27, 2011
I just returned from a stimulating one-day conference at American University's Washington College of Law called Tribes, Land, and the Environment. Organized by Ezra Rosser and Sarah Krakoff, it was a great mix of speakers on Indian law generally and environmental issues affecting/involving tribes significantly. Land use gets even more complicated when we add tribes to the mix and need to address the special issues of working with sovereign entities and federal law. I presented some of the initial findings of a larger study I am undertaking on how tribes use conservation easements. Specifically, I was examining instances where tribes hold conservation easements over land off-reservation. Much like other governments [as I have written about here], tribes use conservation easements to protect areas and ecological amenities outside their jurisdictions. I have been particularly intrigued by (1) whether tribes need to adhere to state law when entering into such agreements and (2) considering how the use of conservation easements interacts with tribes' views of property and the natural world. Intriguing stuff. If you see any examples of tribal holders in your necks of the woods, please let me know!
Many of the presentations at the conference, will appear in an edited volume of the same name.
- Jessica Owley
February 27, 2011 in Books, Conferences, Conservation Easements, Environmental Justice, Environmental Law, Federal Government, Local Government, Property, Property Rights, Property Theory, Race, Scholarship | Permalink | Comments (0) | TrackBack (0)
Thursday, February 24, 2011
The last installment in the Cityscape trilogy is Peter Meyer's Brownfields, Risk-Based Corrective Action, and Local Communities. Here's the abstract:
This article addresses the problems facing communities that suffer both environmental risks from past contamination and depressed economic activity. In such settings, redevelopment of contaminated sites and the associated economic development may require compromised standards for environmental mitigation. This potential conflict is often resolved through risk-based corrective action on sites cleaned only for their prospective use. But partial cleanups can be shown to face inevitable failure at some future date. Thus, in such an approach, communities face risks that they need to understand and should be capable of accepting or rejecting. The article considers these risks and assesses four alternative land use control strategies for assuring community participation in making decisions about both the cleanup process today and the response to risks of failure in the future.
February 24, 2011 in Community Design, Community Economic Development, Development, Economic Development, Environmental Justice, Environmental Law, Environmentalism, HUD, Industrial Regulation, Nuisance, Redevelopment, Scholarship, Sustainability | Permalink | Comments (0) | TrackBack (0)
Like yesterday's featured article from Cityscape, Marie Howland's (U. Md.- Planning)The Private Market for Brownfield Properties also takes advantage of Baltimore's industrial heritage to track brownfield sales. Here's the abstract:
This study examines land sales over a 10-year period - 1990 to 2000 - in one southwest Baltimore industrial district - Carroll Camden - to determine the effect of land contamination on property sales and sales price. I tracked all sales, selling price, time on the market, and the presence of land contamination in the 5,580-acre area. The results indicate that after the mid-1990s, contaminated parcels sold on the private market, with price discounts that accounted for contamination and cleanup. Out of the 144 parcels sold over the 1990-to-2000 decade, positive and market-clearing prices were found for 45 parcels with either confirmed or historical-reasons-to-suspect contamination. Interviews with owners and brokers of parcels on the market for 2 years or more and analysis of the data indicate that the contaminated parcels that did not sell within the 2-year period (1) had above-market asking price; (2) were small and odd-shaped; (3) had inadequate road access for modern trucks; (4) had outdated water, sewer, and telecommunications connections; or (5) had incompatible surrounding land uses. Two policy implications result from these findings. First, if a city such as Baltimore wants to revitalize an industrial area - maintaining its industrial function and remediating contamination - government-subsidized cleanups may not be the most cost-effective policy. Rather, the city should (1) modernize the outdated infrastructure, including roads and fiber optic connections; (2) remove the outdated residential structures that sit in the midst of the industrial area and diminish the desirability of some land parcels for industrial use; (3) consolidate small and odd-shaped properties that are not conducive to modern manufacturing, warehousing, or other industrial uses; (4) ensure city services are efficiently provided, including trash cleanup and police and fire protection; and (5) improve access and egress for modern trucking. The evidence from the Baltimore study indicates that the private sector will discount land prices and assume cleanup responsibilities. The second policy implication is that the market is capable of brownfield cleanup in some locations.
February 24, 2011 in Community Economic Development, Development, Economic Development, Environmental Justice, Environmental Law, Environmentalism, HUD, Nuisance, Redevelopment, Scholarship, Sustainability | Permalink | Comments (0) | TrackBack (0)
Wednesday, February 23, 2011
A recent issue of HUD's Cityscape journal contains several articles on land use and remediation of environmental contamination. The first featured here is Voluntary Cleanup Programs and Redevelopment Potential: Lessons from Baltimore, Maryland by Dennis Guignet and Anna Alberini (both U. Md.--Ag. & Resource Econ.). Here's the abstract:
In the United States, policy has increasingly shifted toward economic incentives and liability attenuation for promoting cleanup and redevelopment of contaminated sites, but little is known about the effectiveness of such policies. These policies include, among others, state Voluntary Cleanup Programs (VCPs), which were established in the United States in the 1990s and, to date, have been implemented in nearly every state. This article focuses on 116 Baltimore properties that were enrolled and participated in the Maryland VCP from its inception in 1997 to the end of 2006 and examines what type of properties tend to participate in these programs, how these properties compare with other eligible but nonparticipating sites, and what the redevelopment potential of VCP properties and implications is toward open-space conversion.
We find that most applicants (66 percent) actually requested a No Further Requirements Determination directly, rather than proposing cleanup. Nevertheless, the VCP led to the identification and environmental assessment of 1,175 acres of contaminated land in the city of Baltimore alone. In Baltimore, VCP properties tend to be industrial, located in areas zoned as industrial, and away from residential neighborhoods. In more recent years, larger properties have increasingly enrolled in the program. Most participating sites are reused as industrial or commercial properties. In contrast with Alberini (2007), these findings suggest that, in Baltimore, pressure for residential development has not driven VCP participation to date. Based on differences in zoning requirements, the VCP may reduce demand for potentially contaminating activities on pristine land by as much as 1,238 to 6,444 acres, in Baltimore alone.
February 23, 2011 in Community Economic Development, Development, Economic Development, Environmental Justice, Environmental Law, Environmentalism, HUD, Industrial Regulation, Nuisance, Redevelopment, Scholarship, Sustainability | Permalink | Comments (0) | TrackBack (0)
Thursday, February 17, 2011
Perhaps I am late to the game on this one, but I just saw the trailer for a documentary about the Atlantic Yards controversy. The movie, called Battle of Brooklyn, tells the story of Brooklyn's use of eminent domain to build a sports arena. I am a big fan of eminent domain (hmm.. not sure if that is the right way to put it), but will likely see this movie that appears to focus on the protesters.
The main protester that the film follows actually agreed to a $3 million settlement and moved out. I wonder if they include that tidbit.
- Jessica Owley
February 17, 2011 in Affordable Housing, Community Economic Development, Constitutional Law, Development, Economic Development, Eminent Domain, Environmental Justice, New York, Property Rights | Permalink | Comments (5) | TrackBack (0)
Monday, February 7, 2011
We've got a lot of exciting things going on here in Buffalo these days. At the end of March, we'll be holding a symposium and community forum on fracking. I hope to see some of you there!
- Jessica Owley
Hydrofracking: Exploring the Legal Issues in the Context of Politics, Science and the Economy
March 28-29, 2011 at University at Buffalo School of Law
Buffalo, New York
On March 28-29, 2011 the University at Buffalo Environmental Law Program and the Baldy Center for Law and Social Policy will host the conference: Hydrofracking: Exploring the Legal Issues in the Context of Politics, Science and the Economy.
Horizontal-gas drilling involving hydraulic fracturing, also known as hydrofracking or fracking, and its potential effects is an important environmental and energy concern for the nation. This conference provides an opportunity for a scholarly exchange of ideas regarding the issue as well as a forum for community discussion.
We welcome submissions on any related topic, including the following:
- Hydrofracking and Nuisance Law
- Impacts on Tribal Lands
- Administrative law and the EPA Rulemakings
- Environmental Review Processes
- Application of federal environmental laws, including the Clean Water Act and Clean Air Act
- Energy issues, in including the Energy Policy Act and DOE policy
- Endocrine Disruption and Human Health Impacts
Authors will have an opportunity to publish their work in the Buffalo Environmental Law Journal. You are invited to submit a paper or presentation proposal for of no more than 250 words by Monday, February 21st to email@example.com.
For more information, contact Jessica Owley [firstname.lastname@example.org or 716-645-8182] or Kim Diana Connolly [email@example.com or 716-645-2092]
February 7, 2011 in Clean Energy, Climate, Conferences, Environmental Justice, Environmental Law, Environmentalism, Exurbs, Federal Government, Local Government, New York, NIMBY, Nuisance, Oil & Gas, Planning, Politics, Property, Property Rights, Scholarship, State Government, Sustainability, Water | Permalink | Comments (3) | TrackBack (0)
Saturday, January 15, 2011
There was a fascinating piece on the radio in the UK this morning on the disputes between gypsy-travellers and settled communities (for a video see here) with direct action taken on both sides. This head-on collision over land use has arisen in the English village of Meriden where a group of gypsies attempted to construct a caravan site for 14 trailers on a field they own over a holiday weekend (giving them an additional day before local planning officers were open again). While these stealth tactics have previously been successful, this time gypsy-traveller ‘land activists’ were opposed by a human barricade of local residents who were determined not to let them build. Eight months later the gypsy-travellers continue to live on the site in their caravans (with sanitary facilities that were permitted to be constructed over the Summer) with both sides awaiting the outcome of an application for planning permission to construct hard standings and further infrastructure on the site.
These are longstanding disputes (gypsies were regulated as early as the Egyptians Act of 1530), with the nomadism and communal living at the heart of many gypsy and travelers’ lifestyles challenging a planning system based on sedentarism and individualism. Rights to camp or pitch caravans on open spaces have long been restricted with public provision made for gypsy-travellers on authorised sites, although there has been a widely acknowledged lack of provision. This situation has been condemned as ‘deplorable’ by the European Court of Human Rights with approximately one in four Gypsies and Travellers living in caravans without a legal place on which to park their home.
Disputes such as that at Meriden raise claims of unfairness, with arguments raging about whether ‘travelling’ or ‘settled’ communities are better treated by the planning system and why, if gypsies are traveling people, they need settled provision at all. The new Conservative-Liberal Democrat, responding to the concerns of their political supporters in the ‘Tory shires’, are about to introduce new rules on planning applications by gypsy-travellers to restrict their ability to apply for retrospective planning permission and to tackle the thorny issue of public provision of authorised sites. In the meantime, at today’s conference, no gypsy-travellers have apparently been invited to attend.
Thursday, November 25, 2010
As a clincian who teaches three semesters a year I rarely have the time or opportunity to produce scholarship. When I do, it's usually in collaboration with clinic students. I recently posted a piece on SSRN of which I am very proud, becuase it's a cross-disciplinary collaboration with a law student, Stinson Ferguson, and a Geography Ph.D student, Ellen Kohl. It's a piece on the Obama Administration's focus on enviornmental justice in its Smart Growth programs, and how it might impact our client communities. Thanks to my Geography colleague, Nik Heynen, it even has a snappy title - "Being Smart (Growth) About Justice: Can the Obama Administration Undo Decades of Environmental Injustice Via Smart Growth?"
The article only begins to speculate about the answer to that question, but we hope it will be a jumping off point to a whole lot more collaborative writing on the topic, and on the struggles and successes of the Newtown community in Gainesville.
The opportunity to write this article came through this blog. The students at Seattle University recently started the Seatlle Environmental Law Journal, where the article first appeared, and they solicited our input for their inagural edition, "The Obama Effect." (Unfortunately the whole edition is not available on-line.)
Happy Thanksgiving! I'm grateful for a great group of colleagues and friends who help create this blog, and to all of you who teach, write, and help communities become stronger and more equitable.
Jamie Baker Roskie
Wednesday, November 24, 2010
As previously promised, here is the announcement for the writing competition in conjunction with Ole Miss' Spring 2011 Environmental Justice Symposium.
ABA Section of Environment, Energy and Resources in collaboration with the University of Mississippi School of Law
STUDENT WRITING COMPETITION (2010-2011)
The American Bar Association Section of Environment, Energy and Resources (ABA-SEER) and the University of Mississippi School of Law are co-hosting a national Environmental Justice Symposium at the Ole Miss Law School in Oxford, Mississippi on April 1, 2011. In conjunction with this Symposium, ABA-SEER announces its Environmental Justice Student Writing Competition and invites law students to submit papers exploring current issues in environmental justice.
Awards: The winning entry will be awarded a prize of $1000 and will be published in a special issue of the Mississippi Law Journal together with other articles and materials from the Symposium. In addition to the first prize, the Competition will award a second prize of $500 and a third prize of $250. The first place paper will also be published on the ABA-SEER website as will the second and third place papers.
Students submitting the first, second and third place entries also will be invited to attend the Environmental Justice Symposium on April 1, 2011 where their selection as winning entries will be announced. ABA-SEER will fund travel and hotel costs for the winning students.
Subject matter: Entries should demonstrate original thought on a question of significance in the field of environmental justice and will be evaluated based on: (1) originality; (2) contribution to the understanding or development of the field of environmental justice; (3) quality of scholarship; and (4) quality and organization of writing.
Eligibility: Students currently enrolled in law school (in the U.S. or abroad) (J.D. or LL.M. programs) are eligible, including students who will graduate in the spring or summer of 2011. Any relevant article, case comment, note, or essay may be submitted, including writing submitted for academic credit. Jointly authored pieces are eligible only if all authors are students and consent to submit. Previously published pieces, or pieces that are already slated for publication, are ineligible.
Deadline: Entries must be received no later than 5:00 PM ET on February 15, 2011. Email entries and questions to Fawziah Y. Bajwa, Assistant Director, ABA Section of Environment, Energy, and Resources at BajwaF@staff.abanet.org. Entries will be acknowledged by email.
Cover page. This separate page must include the following information:
• Author’s name, year in law school, and expected graduation date (to facilitate impartial judging, the author’s name and law school must NOT appear anywhere in the essay, other than on the cover page);
• Law school name and address;
• Author’s permanent and school mailing address, email address, and phone number
(IMPORTANT: indicate effective dates for any contact information subject to change);
• Abstract (limited to 100 words) describing the piece; and
• Certification that the article has not been published and is not slated for future publication (while authors may submit their articles to other competitions, acceptance for publication elsewhere will disqualify an entry from further consideration).
Format: Submissions may be of any length up to a maximum of 45 pages (including footnotes), in a double-spaced, 8.5 x 11-inch page format with 12-point font (10-point for footnotes). Citation style must conform to A Uniform System of Citation (latest edition) published by the Harvard Law Review Association (the Bluebook). Submissions must be made by email attachment in Microsoft Word format, with the cover page as a separate attachment.
For more about ABA-SEER, please visit www.abanet.org/environ/
Jamie Baker Roskie
Thursday, October 28, 2010
Stanford has created the Luke Cole Professorship in Environmental Law and Directorship of the Environmental Law Clinic. Deborah Sivas, who has been director of Stanford's environmental clinic since 1997, is the first Cole Professor.
From the story on Stanford's website:
In a Reunion Homecoming ceremony filled with emotion, friends and family dedicated a new Law School professorship to the late Luke Cole, a noted environmental activist who died in a car accident in Uganda this summer at age 46...
Being named the first holder of the Luke Cole chair is especially meaningful for me," said Sivas. "Luke was a contemporary and a colleague whose advocacy on behalf of underserved communities was truly pathbreaking and whose vision of environmental and social justice continues to be so inspiring to all of us who knew him."
"I think Luke would be pleased to know that a gift in his memory will help train and prepare a new generation of lawyers to carry the flame of environmental justice that he lit and kept burning for so many years," Sivas added.
While I never knew Luke Cole, I have read and admired his work since we started an environmental justice caseload three years ago. I also know Deb Sivas through meetings of the environmental clinicians, and I think she does tremendous work. It's nice to see her receive an endowed chair, and the stability this professorship brings should also be good for her clinic.
Jamie Baker Roskie
Tuesday, October 26, 2010
South Texas College of Law will be hosting a screening and discussion of the documentary film Crude Justice, produced by the Alliance for Justice, on Wednesday, Oct. 27 at 4:00 (rm. 314, with refreshments!). The film chronicles the plight of victims of the Deepwater Horizon spill, with particular focus on the legal justice aspects of the issue. After the film is shown, Professors Olga Moya, Fran Ortiz, and I will comment. and hopefully start an interesting discussion. The event is sponsored by the Islamic Legal Society, the Environmental Law Society, and the Public Interest Law Society. Here's the blurb for the film:
Shot on location in Louisiana, this film explores the damage done by this unimaginable environmental calamity to the lives and livelihoods of the people who depend on the waters of the Gulf of Mexico for their income, their food, and the continuation of their culture. Titled Crude Justice, the 17-minute documentary looks at the difficulties ordinary people face in finding fair compensation and a secure future for their families in the face of corporate domination of the courts, statutes favoring big business, judges with ties to the oil and gas industries, and the uncertainties that accompany an incident where the long-term effects may not be known for years. Crude Justice tells the story of damaged lives, but also of the fighting spirit and resilience of people who understand that what's threatened is not just justice for the victims of the spill, but the integrity of the American judicial system itself.
Go ahead and view the provocative short documentary Crude Justice, and if you are able, join us for the discussion in Houston.
Tuesday, October 19, 2010
From David Case:
The American Bar Association Section of Environment, Energy and Resources (ABA-SEER) and the University of Mississippi School of Law are planning a national Environmental Justice Symposium at the Ole Miss Law School in Oxford, Mississippi on April 1, 2011. In conjunction with this Symposium, ABA-SEER will hold an Environmental Justice Student Writing Competition and will be inviting law students to submit papers exploring current issues in environmental justice. Please note that the Writing Competition is in the process of being reviewed by the ABA Board of Governors in October 2010, and thus the official announcement of the Competition will follow that review. If you have any questions about the writing competition, please contact me, or Alexandra Dunn at firstname.lastname@example.org.
Jamie Baker Roskie