April 06, 2011
Competing Mineral and Wind Rights
In my previous post, I mentioned that renewable energy law often raises property and land use issues. For a recent example of legislative action in this area, see Oklahoma H.B. 1821, which, if enacted, would provide: "Any rights derived from a wind or solar energy agreement shall be subordinate in all respects to [oil and gas] exploration rights except to the extent consent is otherwise given . . . ." The bill also would require a wind or solar developer to obtain prior written consent from "the owner of [oil and gas] exploration rights" in order for the developer to "diminish, abrogate, or interfere with" exploration rights, and the owners of oil and gas exploration rights would be allowed to grant or withhold consent "for any reason or no reason." Jeff Wilson, the Oklahoma Independent Petroleum Association (OIPA) Vice President of Governmental Affairs, notes that "the wind turbines and transmission lines popping up across western Oklahoma can make it tough to bring in oil and gas rigs," and he supports the bill. A separate pending bill, S.B. 124, would also block wind developers from using eminent domain authority to acquire land. The wind industry is understandably concerned about these developments, arguing that H.B. 1821 would halt most wind development in the state.
Professor Ernest Smith and Becky Diffen have a useful discussion of broader legal principles likely to emerge in mineral-wind surface disputes in their "Winds of Change" article in the Texas Journal of Oil, Gas, and Energy Law. As Smith and Diffen point out, developers can avoid many of the conflicts anticipated by Oklahoma's bill through private contracting. Oil or gas and wind developers can enter into an accommodation agreement, for example, wherein they agree to share roads for rigs and construction equipment and select specific locations for well and tower placement. Regardless of the remedy chosen, mineral-wind disputes will likely expand in importance as renewables continue to grow, and these raise interesting questions for the classroom. Will first-in-time principles continue to govern? Who must "accommodate" whom under traditional common law doctrines? If a wind and mineral lease are acquired simultaneously, should one right have priority over another, or should the parties be required to negotiate from equal positions? Many of the answers to these questions will likely depend on states' energy priorities. In states with strong natural gas economies, like Oklahoma, gas development may maintain the upper hand despite the abundant winds that blow through the western portion of the state. As the OIPA President has argued, "In Oklahoma law, the mineral estate is the dominant estate." If supporters of H.B. 1821 succeed, the law likely will reflect this position.
March 05, 2011
Before Mountain Top Removal . . . Historic Designation Removal
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
February 26, 2011
Weekend Break: Local Hero (1983)
As I get ready for Property's land-use finale this semester, I will be making room to show a scene from one of my favorite movies of all time, Bill Forsyth's Local Hero. A mid-level oil executive (Peter Riegert) is dispatched by the company CEO (Burt Lancaster) to buy up an entire Scottish coastal village to make way for a vast North Sea petrochemical facility. Almost to a person, the villagers welcome the opportunity to pull up stakes and sell.
The scene that I will show involves the negotiations over relocating the elderly beachcomber, who is skeptical about releasing his legal claim in exchange for any of the most expensive tropical shorelines in the world. Another scene offers a brief exchange relating to sustainable economic development. Both go quickly to the heart of the difference between market and subjective valuations of land and the role the latter plays in sustaining community. If nothing else, my prep will be an excuse to watch one of the funniest movies about modern village life around.
February 26, 2011 in Beaches, Community Economic Development, Development, Economic Development, Eminent Domain, Environmentalism, Oil & Gas, Property, Property Theory, Sustainability, Takings | Permalink | Comments (1) | TrackBack
February 07, 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 firstname.lastname@example.org.
For more information, contact Jessica Owley [email@example.com or 716-645-8182] or Kim Diana Connolly [firstname.lastname@example.org 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
January 28, 2011
Wiseman on Expanding Regional Renewable Governance
Hannah J. Wiseman (Tulsa) has posted Expanding Regional Renewable Governance, forthcoming in the Harvard Environmental Law Review, Vol. 35 (2011). The abstract:
Energy drives economies and quality of life, yet accessible traditional fuels are increasingly scarce. Federal, state, and local governments have thus determined that renewable energy development is essential and have passed substantial requirements for its use. These lofty goals will fail, however, if policymakers rely upon existing institutions to govern renewable development. Renewable fuels are fugitive resources, and ideal property for renewable technology is defined by the strength of the sunlight or wind that flows over it. When a renewable parcel is identified, a new piece of property is superimposed upon existing boundaries and jurisdictional lines. The entities within these boundaries all possess rights to exclude, and this creates a tragedy with strong anticommons and regulatory commons elements, which hinder renewable development. This Article argues that the many exclusion rights within renewable parcels must be consolidated and governed by a regional agency to address the governance challenges in renewable development, and it analyzes elements of existing regional institutions to suggest the ideal structure of this agency. Once formed, the regional framework should be applied to other areas of energy planning. States and municipalities share oil and gas reservoirs, electricity transmission constraints, and energy generation needs, and collaborative governance in these areas is necessary for a secure future.
January 22, 2011
Six Distributional Effects of Environmental Policy
Don Fullerton (Illinois-Finance) has posted Six Distributional Effects of Environmental Policy on SSRN. Here's the abstract:
While prior literature has identified various effects of environmental policy, this note uses the example of a proposed carbon permit system to illustrate and discuss six different types of distributional effects: (1) higher prices of carbon-intensive products, (2) changes in relative returns to factors like labor, capital, and resources, (3) allocation of scarcity rents from a restricted number of permits, (4) distribution of the benefits from improvements in environmental quality, (5) temporary effects during the transition, and (6) capitalization of all those effects into prices of land, corporate stock, or house values. The note also discusses whether all six effects could be regressive, that is, whether carbon policy could place disproportionate burden on the poor.
January 22, 2011 in Affordable Housing, Architecture, Clean Energy, Climate, Environmental Law, Environmentalism, Green Building, Housing, Oil & Gas, Sustainability, Wind Energy | Permalink | Comments (0) | TrackBack
January 17, 2011
Deal on Ellickson, Whaling, and the Judicial Invention of Property Norms
Robert Deal (Marshall--History) has posted The Judicial Invention of Property Norms: Ellickson’s Whalemen Revisited. The abstract:
Robert C. Ellickson has argued that whalemen developed norms to settle arguments over contested whales. These norms, Ellickson explained, were largely adopted by courts as the property law of whaling. Ellickson’s point is that whaling norms “did not mimic law; they created law.” Ellickson is certainly correct that the close-knit community of nineteenth century American whalemen managed to settle disputes in ways which maximized group welfare. What Ellickson has failed to recognize is that that the means by which whalemen resolved disputes without violence or frequent involvement of courts was built not upon widely accepted norms, but rather upon the application of some rather general maxims that were often poorly understood even by experienced captains and crews. Whaling disputes were, in fact, most often settled through compromises grounded in inchoate notions of what constituted honorable behavior arising out of the particular situation and parties involved.
In seeking to settle the handful of litigated disputes, judges drafted opinions that suggested a level of agreement among whalemen as to prevailing norms that never existed at sea. The scholarly acceptance that judges accurately stated whaling customs explains the mistaken belief that whalemen created the American property law of whaling. Instead, judges and the lawyers who represented ship owners were to a large degree responsible for creating much of what came to be memorialized in legal treatises by the end of the nineteenth century as the property law of whaling.
A close examination of trial transcripts and depositions from two of the five whaling disputes from the Sea of Okhotsk that were litigated in the nineteenth century reveals the vagaries of whaling norms and the problems in using judicial opinions to recover such practices. In Heppingstone v. Mammen, it is impossible to draw from the testimony of crew members and expert witnesses anything resembling a norm upon which battles over contested whales could be resolved at sea or in court. The court’s misunderstanding in Swift v. Gifford of whaling practices was quickly accepted by legal scholars as definitive evidence that the whaling fleet in the North Pacific had adopted a single standard for determining when an interest in a fleeing whale ripened into ownership.
Whalemen in the Sea of Okhotsk proved adept at resolving controversies on a common sense, ad hoc basis without universal norms. The close knit nature of their community, the intensely communal nature of their competition, and the economic pressure to settle disputes allowed Okhotsk whalemen to resolve contests without the aid of well settled norms.
I'm teaching Ghen v. Rich on Wednesday as part of the classic "wild animal" trilogy of cases (with Pierson v. Post and Keeble) on the norms and laws regarding how humans reduce fugitive resources to property by establishing first possession. So I'm having fun reading this well-written and historically rich article that challenges some received wisdom!
December 06, 2010
Outka on The Renewable Energy Footprint
Uma Outka (Florida State) has posted The Renewable Energy Footprint, forthcoming in the Stanford Environmental Law Journal. The abstract:
Renewable energy is widely considered essential to climate change mitigation, and policies favoring renewable energy are finding their way into law at all levels of government. With the shift toward renewable energy comes the potential for staggering land impacts – many millions of acres may be consumed to meet demand for electricity and fuel over the next 20 years. To conservationists’ dismay, the more renewable energy we use, the more land we need. This article is concerned with two primary questions: What are the implications of renewable energy development for land use and land use law, and how might the land use context inform emerging energy policy?
Siting power plants and transmission lines is notoriously difficult, and renewable energy has proved no exception. As investment in the sector has grown, so has dissatisfaction with existing siting frameworks. This perceived inadequacy has led to a flurry of siting-related law and policymaking tailored to large-scale renewable energy infrastructure. So-called NIMBYs opposing renewable projects are derided for hindering the green economy. Almost reflexively, we hear, it’s a “trade-off”: shrink the carbon footprint, grow the land use footprint.
This article rejects the trade-off reflex as counterproductive for both causes – it presents an often false choice that obscures legitimate land use concerns and slows renewable development. Instead, our focus should be on deliberately crafting law that avoids needless compromise wherever we can. This perspective demands a far greater integration of energy policy and land use law. To date and across the board, regulatory apparatus for siting is almost exclusively fixated on site-specific land use. Although this remains important, it reflects a worrisome myopia given the land impacts at stake. Accordingly, I argue, cumulative land impacts should be a central consideration in the development and implementation of energy policy.
November 12, 2010
Perry on Deepwater Horizon and the Limits of Civil Liability
Ronen Perry (Haifa) has posted The Deepwater Horizon Oil Spill and the Limits of Civil Liability, forthcoming in the Washington Law Review. The abstract:
The article, which follows up on my recently published work, uses the unprecedented disaster in the Gulf of Mexico as an opportunity to critically evaluate the law pertaining to civil liability for oil pollution before and after the enactment of the Oil Pollution Act.
This topic is analyzed as a derivative of a more general concern, namely the internal harmony of civil liability regimes. The article unveils a general incongruity in American land-based and maritime tort law that surfaced through the Exxon Valdez litigation, and examines whether subsequent statutory reform has eliminated the problem in the limited context of marine oil pollution, using the Deepwater Horizon incident as a test case.
Part I systematically discusses pre-OPA law. Part II explains why pre-OPA maritime law gave rise to incongruity on the justificatory level, delineates the contours of the problem, and proposes a conceptual framework for resolution. Part III examines whether the enactment of the OPA has created a more defensible liability regime.
Following the Deepwater Horizon oil spill, there have been calls for raising the OPA liability caps, or an even more comprehensive legislative reform. While some of the initiatives seem to have waned, this catastrophic incident, like the earlier Exxon Valdez case, will surely leave its mark. The article, which highlights relevant policy concerns, will undoubtedly serve policymakers in reassessing the limits of civil liability for marine oil pollution.
November 09, 2010
Pierce on Minimizing the Impact of Oil and Gas Production
David E. Pierce (Washburn) has posted Minimizing the Environmental Impact of Oil and Gas Development by Maximizing Production Conservation, from North Dakota Law Review, Vol. 85, p. 759 (2009). The abstract:
One oil and gas well results in less environmental impact and surface disruption than two wells. The number of wells required to efficiently develop an oil and gas reservoir can be significantly reduced, while increasing the ultimate recovery of the oil and gas resource, if the reservoir can be developed without regard for the rule of capture. Current oil and gas "conservation" regulation is built around the rule of capture, which creates the legal necessity to be associated with an oil and gas well in order to secure rights in the oil and gas. By shifting the focus of rights in oil and gas reservoirs away from capture rights and toward correlative rights, state oil and gas conservation commissions can better manage development of the oil and gas resource, allowing all interested parties to maximize recovery of their oil and gas resources while minimizing the impact on surface and other natural resources.
Summary of Errors Leading to Deepwater Blowout
We've done a fair amount of posting about the Deepwater Horizon disaster. (See for example here and here.) Marc Poirer is planning to teach a week-long course at Seton Hall in January on the blowout, and he gave the Environmental Law professors listserv a heads' up to this interesting article. It summarizes all the errors that lead to a collosal disaster.
More than 100 hours of testimony before a federal investigative panel, two dozen congressional hearings and several internal company reports have brought the genesis of the spill into sharp focus. The record shows there was no single fatal mistake or cut corner. Rather, five key human errors and a colossal mechanical failure combined to form a recipe for unprecedented disaster.
It's a great summary of everything that went wrong. Thanks, Marc, and good luck with your course!
Jamie Baker Roskie
October 26, 2010
Crude Justice screening at South Texas
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.
September 30, 2010
A Report on the Impacts of Deepwater Horizon
I've blogged before about an informal "2nd Friday Symposium" held by the River Basin Center here at UGA. I wasn't able to attend the most recent event, so I asked Land Use Clinic student Greg Raburn to report. Here's his summary (and accompanying culinary notes):
The convivial meeting started at 4:00 p.m., but, by the time I was able to get out of class, burn the roof of my mouth on a hastily-heated corn dog, and drive to the River Basin Center, the discussion had already begun The room, which had the appearance of some type of student lounge, was nearly full, and the speaker, who must have been Professor Chuck Hopkinson of Marine Sciences and Director of the Georgia Sea Grant, with beer in hand, was describing the statistics and findings displayed on the projection screen.
He noted that while Savannah, as befitting one of the top U.S. seaports, was being monitored for contamination, Georgia’s southeast coast was not. The oil, if or when it appeared on Georgia’s beaches, he stated, would probably look like tar-balls (which were essentially asphalt, he explained) or micro-droplets, and he and his group had made recommendations to Congressional staffers for detecting the presence of the oil and monitoring it. He said much of the Gulf data was being collected by robotic “Seagliders,” manufactured by iRobot (the makers of the “Roomba” robotic home vacuum cleaner). The gliders were designed to “glide” to the bottom of the ocean, collecting data from their surroundings, and then rise to the surface and transmit the data. In addition to recommending using Seagliders off the Georgia coast, his group additionally recommended using fluorescent sensors, doing tar-ball counts, monitoring “sentinel” organisms, and utilizing satellite monitoring to collect additional data.The next part of the discussion centered on the National Oceanic and Atmospheric Administration’s leaked press release which had stated that 74% of the released oil was “gone.” The report naturally raised the question: if 74% of the oil was truly gone, where did it go? The press release claimed that 25% of the oil had dissolved or evaporated, 16% had been naturally dispersed, 8% had been chemically dispersed, 17% had never entered the water (captured at the surface), 5% had been burned, and the cleanup efforts had captured 3%, and therefore only 26% of the oil remained in the ocean.
Professor Hopkinson’s group decided to evaluate the data themselves. The first thing they did was discard the figure for the 17% of oil that never entered the water; if some oil never entered the water, they felt it was misleading to include it on a report about the status of the oil in the water. Professor Hopkinson’s group also figured in “degradation,” which, based from data from the Ixtoc oil spill off the coast of Mexico in 1979, was estimated at about 4%-8%. His group ultimately concluded that the oil was not “gone,” but that most of it had simply changed into a form that rendered it uncollectable.
The University of Georgia and the Georgia Sea Grant testified before a [Georgia] Senate subcommittee regarding Georgia’s vulnerability to the oil spill. The Senate subcommittee charged the Georgia Department of Natural Resources to develop an oil sampling plan. Three things were to be sampled: water columns, hard bottom, and fish. If oil were found in these things, then two additional things would then be sampled: sediment and hydrodynamics. Unfortunately, I am unable to provide further details on this part of the discussion, as it went well beyond my limited knowledge of marine science and ecology.
As a side note, Professor Hopkinson also observed that British Petroleum (BP) is selling or has sold off its terrestrial U.S. wells, put its shallow water wells up for sale, and is currently expanding its deepwater drilling in areas with little regulation, such as Africa and Brazil. He suggested this could have been a counterproductive consequence of the recent U.S. sanctions on BP and the restrictions on deepwater drilling. He pointed out that the well currently being drilled in Brazil, will be at almost twice the depth of the Deepwater Horizon.
Professor Hopkinson closed by saying that the University of Georgia Sea Grant website on the oil spill could be found at oilspill.uga.edu, with additional information at www.southatlanticseagrant.org, www.deepwaterhorizonresponse.com, and www.restorethegulf.gov.
In conclusion, I found the science and statistics of the discussion to be rather interesting. I had to glean the meaning of much of the technical language from the context in which it was used. The symposium was definitely geared toward someone with more of a background in environmental and marine science than myself, but the group was open and friendly, and a small variety of refreshments were available – including a bowl of dried, multicolored, tubular things that, in size and shape, resembled McDonald’s French Fries. I had to try one. It tasted kind of like a pretzel. I still have no idea what it was.
Jamie Baker Roskie
July 25, 2010
Chapman on the Ontological Problem with Sovereignty
Chelsea Chapman (Wisconisn--Anthropology) has posted The Ontological Problem with Sovereignty: Indigenous Nations, Territoriality, and the Making of Natural Resources in Alaska. The abstract:
July 09, 2010
BP Blowout Lecture Series at Tulane Law
From Oliver Houck:
We will be preparing a series of background lectures on the BP blowout this fall at Tulane Law School, covering basic tech, engineering, science, law and policy issues. They will set a stage for several courses on BP-related issues (environmental, admiralty, energy…), and for research projects for students interested in participating for credit. The lectures may be of interest to you and your students as well, and we will set up a system to “stream” these lectures live to other schools, as you may wish (unfortunately, we cannot do Q and A with you from this classroom). We will also be happy to share ideas for related research topics, if and as you wish.The program, subject to changes but at this point firm, is reflected in the notice that follows:
THE BP OIL SPILL LECTURE SERIES
TULANE LAW SCHOOL
OPEN TO ALL STUDENTS AND THE GENERAL PUBLIC
The purpose of this series is to provide background on technical, scientific and policy aspects of the BP blowout, including deep water drilling; the blowout; the Gulf of Mexico ecosystem; oil, water and cleanup; containment responses; biological impacts; community impacts; legal issues; and policy implications beyond BP. The lectures (with Q and A following) will take place in room 110 of the law school, 6329 Freret Street, New Orleans, on Monday afternoons, from 4 – 5:15 pm, with exceptions noted. While Tulane law students may participate in this series for academic credit with the satisfactory completion of additional work, it is intended equally for all students and the interested general public. There is, of course, no admission. For further inquiry, please contact Professor Houck at email@example.com (after August 5) or Forest Wootten, 2L, firstname.lastname@example.org.
Jamie Baker Roskie
June 02, 2010
Wiseman on Hydraulic Fracturing and Regulation in Appalachia
Another interesting article from Hannah J. Wiseman (Texas): Regulatory Adaptation in Fractured Appalachia, a symposium contribution forthcoming in the Villanova Environmental Law Review. The abstract:
May 19, 2010
Tulane's Environmental Clinic Under Attack
Recently I posted about an attack by the Maryland legislature on the environmental clinic at University of Maryland. Now the environmental clinic at Tulane is under similar fire. Here's a quote from a recent Times-Picayune article (shared with the environmental clinicians by Tulane Environmental Law Clinic Director Adam Babich) :
As I recently e-mailed Adam, I guess it's good when your opponents are really clear that they want to take you out. It does seem that this bill doesn't have much political traction, particularly in light of the Gulf Oil Spill:
Sens. John Alario, D-Westwego, A.G. Crowe, R-Slidell, and Nick Gautreaux, D-Abbeville, noted that their districts include fishers and others who have been affected by industry in the past or could have claims in the wake of the oil spill, though many of those clients likely could hire private-sector attorneys on contingency. Alario and Gautreaux said they oppose the bill. Gautreaux said, "Maybe the attorney general should hire Tulane law students to sue BP. If they can scare the chemical association this bad, then they can scare BP, TransOcean and Halliburton."
Crowe said he "has a real dilemma" and is generally reticent about a proposal that could potentially limit his constituents' access to adequate counsel.
Commerce Committee Chairwoman Ann Duplessis, D-New Orleans, cited "the poor people in my district" who have, with the help of the Tulane clinic, beaten back attempts to locate landfills in eastern New Orleans.
The closest to a "yes" vote the LCA has gotten so far is from Sen. Mike Michot, R-Lafayette, who said he's going to listen to both sides. Michot said he's heard from constituents who were represented by Tulane students. But, he said, "There has to be a balance. ... I'm going to listen to both sides."
Jamie Baker Roskie
UPDATE: The legislature effectively killed the bill through total lack of support. Read the story here.
May 11, 2010
Victor Flatt Contrasts Deepwater Horizon and Cape Wind
Victor Flatt recently wrote an editorial for the Houston Chronicle entitled "Did a single week reverse energy fortunes forever?" in which he contrasts the fallout from the Deepwater Horizon explosion and the approval of Cape Wind.
Jamie Baker Roskie
May 10, 2010
"One Stop" Web Site for Gulf Oil Spill
From Robin Craig at Florida State:
universities are putting together what should become a very helpful one-stop web
site for information on the Gulf spill, hosted (so far, at least) on Florida
State's web site. Soon there will be links to specific information on
ecological impacts, economic costs, the scope and path of the spill, underwater
and surface photos, data sets, and a legal page (I authored the draft of that
today), all with links to further information.
The site was officially launched this afternoon and will be growing
quickly. If you're interested in following events, I'd recommend bookmarking
the page and checking back frequently as the site develops.
See the Oil Spill Academic Task Force website here.
Jamie Baker Roskie
April 13, 2010
Salkin on Renewable Energy and Land Use Regulation
Patricia Salkin (Albany) has posted a two-part piece on SSRN: Renewable Energy and Land Use Regulation, ALI-ABA Business Law Course Materials Journal, p. 47, February 2010. Here is the link to Part 1 and its abstract:
Part I of a two-part set of materials on renewable energy and land use regulation, this piece focuses on local climate change action plans (highlighting Denver, Los Angeles, Montgomery County, Cleveland and Santa Fe), discusses lcoal governments and LEED, Energy Star issues including preemption, and the incorporation of green development concepts into local comprehensive land use plans and local zoning and land use regulations.
Part 2 and abstract:
This article is Part 2 of a set of materials on renewable energy and land use. The article focuses on state and local government approaches to the siting of wind projects including a discussion of host community agreements. Examples of local ordinances are provided as well as a summary of recent relevant caselaw.
Very relevant and timely.