Monday, July 27, 2015
Here is an interesting case from Missouri:
In Rodgers v. Vilsack, (E.D. Missouri July 23, 2015), a participant in the federal Wetlands Reserve Program challenged the United States' decision to fine him for conservation easement violations.
The Wetlands Reserve Program, a Department of Agriculture program administered by the Natural Resources Conservation Services (NRCS) in conjunction with state and local agencies, pays landowners to encumber their land with conservation easements with the goal of protecting and enhancing wetlands. Rodgers owns land that was formerly strip mined 3500 of the 6200 acres). In 1998, he received $1,119,00 for a conservation easement held by the United States. Although not a WRP expert, it is my understanding that sometimes the NRCS tells the landowners what restoration projects to undertake and sometimes the NRCS (or related state/local agency) actually does the restoration itself.
I don't have a copy of the conservation easement itself, but we can glean some facts from the opinion. Rodgers claims that the NRCS restoration projects were faulty. He asserts that there were significant design flaws and in attempt to improve the habitat and wetlands on his land, he both created some dams and cut down some trees. NRCS fined him for both of these activities as being prohibited by the conservation easement. Rodgers, appearing pro se, also stated that NRCS gave him permission to undertake these activities.
The United States brought a motion to dismiss for lack of jurisdiction because the United States has not waived its sovereign immunity for actions of this type. So many interesting things to think about here.
Saturday, July 25, 2015
Just sending out my annual reminder to let your new colleagues know about the junior environmental law and land use prof listserv. It's for folks who are pre-tenure or even pre-teaching. It's a great forum for informal discussions of teaching, research, how to get a teaching job, etc. Just send me an email if you want to be included.
Friday, July 24, 2015
Gabe Metcalf, well respected in San Francisco land use circles and the head of SPUR (San Francisco Planning and Urban Research), has a nice piece in CityLab today about San Francisco's housing woes and their relation to progressive policies in that city. That said, I found the most compelling part of Metcalf's analysis one that was unexplored, and mentioned only in this passing passage:
Let me say very clearly here that making it possible to add large amounts of housing supply in San Francisco would never have been enough by itself. A comprehensive agenda for affordability requires additional investments in subsidies for affordable housing. Given the realities of economic inequality, there are large numbers of people who would never be able to afford market rate housing, even in a better-functioning market. [See SPUR’s complete set of ideas to make San Francisco more affordable.] In addition, while my focus here has been on San Francisco’s own housing politics, many smaller Bay Area cities and towns have been even worse actors. A regional solution, in which all cities do their part to accommodate regional population growth, would be far more effective than trying to solve our affordability problems inside the boundaries of a handful of cities. But San Francisco has been part of the problem too, when it could have been a very big part of the solution. Our suburban communities never claimed to be progressive, never wanted to be a refuge for people from all over the world seeking cultural tolerance or an opportunity for a better life.
In my opinion, this is the heart of the matter. San Francisco is a very small city jurisdictionally. An affordable housing policy that effectively addresses the Bay Area's housing woes must involve the surrounding suburbs. I made my analysis of the problems some months ago in a blog post I entitled, "Are San Francisco's land use rules the culprit for skyrocketing rents? [Hint: No.]."
I have recently updated the conference list for land use and environmental law conferences. Always a good source to see what types of academic meetings are underway. Feel free to send updates my way. I try to update it once a month (but it probably happens every other month if I am honest).
Thursday, July 23, 2015
San Francisco voters will decide the fate of short-term rentals (e.g., Airbnb, etc.) in the city with a coming ballot initiative this fall, which proposes to amend the city's existing regulations.
Here is the initiative and all of the relevant info from Share Better SF, which sponsored the petition.
Here is a summary from a San Francisco law firm:
This measure, sponsored by the housing activist group Share Better SF, seeks to restrict short-term rentals in San Francisco. The regulation of short-term rentals has been a contentious topic over the past few months. On July 14, 2015, rather than supporting Supervisor Campos’s ordinance to effectively restrict short-term rentals to 60 days per year, the Board of Supervisors voted to uphold existing law and restrict “unhosted” short-term rentals to 90 days per year and allow for unlimited “hosted” short-term rentals. “Hosted” rentals are where hosts stay in the units while guests are visiting. “Unhosted” rentals are where hosts are not present in the units while guests are visiting.
If approved, this measure will cap all short-term rentals at 75 nights per year, regardless of whether the rental unit is hosted or unhosted. Conditional use approval from the Planning Commission would be required to rent a unit on a short-term basis for more than 75 days per year. If granted, the unit would have to operate as a bed and breakfast establishment. Hosting platforms like AirBnB will be required to stop listing a unit for short-term rental if the unit has been rented on a short-term basis for 75 days per year. Hosting platforms will be subject to severe penalties of up to $1,000 per day for violating these rules. Further, homeowners will be prohibited from renting their in-law units on a short-term basis.
This initiative also expands the definition of “interested parties” who can sue to enforce the City’s law. Currently, only persons who live in the same building as a short-term rental unit are deemed “interested parties” with legal standing to sue violators of the law. If passed, this measure will expand the definition of “interested party” to any person who lives within 100 feet of a unit used for short-term rental, or any housing-related non-profit organization.
If passed, this measure would become operative on January 1, 2016.
FREE! Updates on case law and regulatory developments related to land use and 1st Am, climate change, affordable housing, and NEPA
It turns out that the Land Use Institute, which was to be held later this month in concurrence with the ABA meeting in Chicago, has been postponed. [Note: the sharing economy panels will still be going on, so I will still be in Chicago for the ABA conference if anyone wants to meet up or, you know, hear me give my two cents on the sharing economy.]
But with the other panels of the Land Use Institute postponed, that leaves me with about 50 pages of detailed memoranda I'd created as CLE handouts for my presentations at the event that will be too dated to use at a later time. What to do? I hate to see the information go to waste, so I thought I'd post the documents here--free!--for anyone who might find them of interest.
The first document provides case briefs on the "top 10" cases since July 1, 2014 in (1) land use law and the First Amendment; (2) land use law and climate change; and (3) affordable housing and inclusionary housing law. Here is the file:
The second document provides (1) an overview of federal law and policy related to climate change since July 1, 2014 and also (2) updates National Environmental Policy regulation and case law developments since July 1, 2014.
I hope these documents prove of use to some of you out there and, as always, I welcome comments, especially on what I might have missed! And don't be shy...I'd love a dialogue about any of this material either on the blog or by e-mail.
And come join us at the next Land Use Institute, which is now tentatively slated for ABA's next meeting in San Diego.
Georgia State University College of Law
85 Park Place
Atlanta, GA 30303
This summer marks the 10th anniversary of Hurricane Katrina, a catastrophic storm that reshaped the way cities across the United States and internationally talk about urban vulnerability and plan for resilience. Katrina’s Legacy conference will examine critical issues in the areas of community and economic development and educational reform.
- 8-8:45 a.m. Registration and light breakfast
- 8:45-9:15 a.m. Opening Remarks
- 9:15-10:45 a.m. Fostering Metropolitan Rebirth Through Catalytic Community and Economic Development
- Moderator: Dan Reuter, manager of Community Development, Atlanta Regional Commission
- Shawn Escoffery, director of Strong Local Economies Program, Surdna Foundation
- James Alexander, Housing and Economic Development manager, Atlanta Beltline Inc.
- Frank Fernandez, vice president of Community Development, the Arthur M. Blank Family Foundation
- 10:45-11 a.m. Break
- 11 a.m.-12:15 p.m. Building the Resilient City: Schools as Cornerstone
- Moderator: Courtney Anderson, assistant professor of law, Georgia State University College of Law
- Liza Cowan, vice president, JP Morgan Chase Foundation
- Delano Ford, executive director, Teach for America — Metro Atlanta
- 12:15-12:35 p.m. Lunch
- 12:35-1:05 p.m. Keynote Speaker
- Ambassador James A. Joseph, emeritus professor of the practice of public policy at the Sanford School of Public Policy at Duke University, former U.S. ambassador to South Africa, and chair of the Louisiana Disaster Recovery Foundation following Hurricane Katrina.
- 1:05-1:30 p.m. Question and Answer Session
- 3 hours of Georgia CLE credit have been applied for and would cost an additional $15.
Monday, July 20, 2015
The Chicago Tribune's (sub. reqd.) op-ed today is on TIF in the Windy City:
Next City has the story...
In May, the Arcata City Council approved, on a 5-0 vote, the creation of a “Medical Marijuana Innovation Zone.” City officials believe it may be the country’s first-ever land use designation specifically meant to promote and regulate the production of marijuana and cannabis-related products.
The city has identified several parcels in an industrial area on the edge of town, where an abandoned lumber processing facility may soon provide a city-sanctioned home for marijuana producers. The logic behind the zone hearkens back to the very origin of U.S. zoning when noxious industries were first segregated from residential areas.
In Arcata’s case, the nuisance isn’t from toxic smoke or noise but rather the sickly pungent aroma of some of the world’s most potent bud.
Thursday, July 16, 2015
July 30: 31st Annual Land Use Institute: Planning, Regulation, Litigation, Eminent Domain, and Compensation
The 31st Annual Land Use Institute will be held concurrently with the ABA's national convention in Chicago on July 30. I'll be there and speaking on a couple topics. I've attached a pdf of the brochure. Hope to see some of you there!
APA webinar: A Sign Regulation Apocalypse? Understanding the U.S. Supreme Court’s Decision in Reed v. Town of Gilbert
From the APA website...
Tuesday, July 21 2015
1:00PM - 2:30PM EST
CM | 1.50
The webinar will be held from 1:00-2:30 pm Eastern; 12:00-1:30 pm Central; 11:00-12:30 pm Mountain; 10:00 am-11:30 pm Pacific. Refunds will not be provided for any cancellation.
On June 15, 2015, the U.S. Supreme Court struck down the Town of Gilbert, Arizona’s sign code. In a rare unanimous decision, all of the justices of the Court agreed that the town’s code violated the core First Amendment requirement of content neutrality, and the majority opinion provided new insight on what it means for a regulation to be “content neutral.” The Court’s decision is expected to put thousands of sign codes at increased risk of legal challenges, which could mean increased legal costs for local governments as well as potential negative impacts on communities’ aesthetic concerns. This program will include presentations by some of the nation’s leading scholars and practitioners on First Amendment and land use issues. Panelists will discuss the facts of the Reed case, the Court’s rationale for its decision, some of the important questions and unanswered issues stemming from the case, and will provide some helpful practice pointers on sign code drafting and enforcement.
On August 4th, 1:00-2:30 pm EDT, PLD will also be hosting a webinar on the recent U.S. Supreme Court decisions in Horne v. U.S. Dep’t of Agriculture and Texas Dep’t of Housing and Community Affairs v. The Inclusive Communities Project, Inc. Registering now for our “Double Webinar Package” will give you both the July 21st (Reed v Gilbert) and the August 4th (Horne and ICP) webinars for a discounted price!
Registration and Pricing
Reed v. Gilbert Webinar Only
Planning and Law Division members $20
Supreme Court Update Double Webinar Package
Planning and Law Division members $30
Brian Connolly, Esq. - Attorney | Otten Johnson Robinson Neff + Ragonetti PC
Daniel Mandelker, Esq. - Stamper Professor of Law | Washington University Law School
John Baker, Esq. - Partner | Greene Espel, PLLP
Susan Trevarthen, FAICP - Chair, Member | Weiss Serota Helfman
Tuesday, July 14, 2015
The 10th International Conference of the International Academic Association on Planning, Law, and Property Rights (PLPR) will take place in Bern, Switzerland, on February 17-19, 2016.
PLPR is a free-standing academic association with over 400 individual members from all over the world. PLPR believes that Planning, Law and Property are interdependent. PLPR therefore conveys the message "Planning matters, Law matters, Property matters". These three simple statements inspire the growing PLPR community to examine the difficult relationship between public and private interests in the use of land.
CONFERENCE THEME: "Land as a scarce resource"
Spatial planning is often accused of not being up to the tasks it is supposed to deal with: more parsimonious use of natural resources; conservation of regional identities in the face of global standardization processes; promotion of integrated transport infrastructures; reduction of socioeconomic disparities among territories, etc.
During the last century, all Western countries have developed a complex administrative organization to shape their spatial development. Most countries have passed planning acts accompanied by the development of training programs for planners through national planning schools, and planning departments were created at all levels of government. In most national settings, spatial planning instruments were crafted in a context of land profusion. But are these systems able to meet the challenges of scarcity today?
Fighting against sprawl and uncontrolled growth in the name of sustainability calls for the end of green field development. Yet, suitable land for urban development is becoming more and more scarce. One of the central challenges of the new scarcity situation is that spatial planning needs to deal with the complex property-rights situations that characterize the already-built environment. Redevelopment, densification, mixed use development and urban land reconversion implies that public actors, developers, real estate specialists, neighborhood or tenant associations will have to deal with competing interests that are rooted in complex property right situations or regimes. For effective steering of spatial development, a deeper understanding of the tight interactions between spatial planning and property rights is required.
Even where economic growth is still given, the actors of spatial planning struggle with this new focus on the redevelopment of pre-used plots. Beside technical challenges such as contamination, neighbor conflicts, noisiness, etc., scarcity also questions our development patterns oriented toward growth, increased resource consumption per capita, and growing inequalities.
Abstract submission opens: September 1, 2015
Abstracts due: October 16, 2015 (DEADLINE WILL NOT BE EXTENDED)
Early registration begins: December 14, 2015
Conference: February 17-19, 2016
Please visit the PLPR Conference website for details: www.plpr2016.unibe.ch
Thursday, July 9, 2015
The California Council on Science and Technology has just released a major report on the science of fracking, An Independent Scientific Assessment of Well Stimulation in California: Summary Report: An Examination of Hydraulic Fracturing and Acid Stimulations in the Oil and Gas Industry. Here is the abstract (well worth the read):
Senate Bill 4 (SB 4) requires an independent study to assess current and potential future well stimulation practices in California, including the likelihood that these technologies could enable extensive new petroleum production in the state; impacts of well stimulation technologies (including hydraulic fracturing, acid fracturing and matrix acidizing); gaps in data that preclude evaluation; potential risks associated with current practices; and alternative practices that might limit these risks.
Publicly available information indicates the vast majority of well stimulations in California are hydraulic fracturing in four oil fields in the San Joaquin Valley. The California experience with hydraulic fracturing differs from that in other states because California wells tend to be shallow and the reservoirs more permeable. California operators generally do not conduct high-volume hydraulic fracturing from long-reach horizontal wells, and for this reason use far less water. Operators use hydraulic fracturing in a small number of offshore wells in state waters, but data on wells in federal waters is sparse. In the next few years, use of hydraulic fracturing in California will likely look much like today, both in terms of the stimulation practices and the expected number of operations. No reliable estimates exist of potential oil production using hydraulic fracturing or acid stimulation in the deep Monterey Formation source rock and the state should request a credible scientific assessment.
Direct impacts of hydraulic fracturing stem from unrestricted chemical use. These appear small but have not been investigated. Significant gaps and inconsistencies exist in available voluntary and mandatory data sources, both in terms of duration and completeness of reporting that limit assessment of the impacts of hydraulic fracturing. However, good management and mitigation measures can address the vast majority of potential direct impacts of well stimulation. The state should limit the use of the most hazardous chemicals and disallow the use of any chemical with unknown environmental characteristics in order to prevent possible environmental and health impacts. Operators currently dispose of wastewater from hydraulically fractured wells in percolation pits and also likely have occasionally injected wastewater contaminated with stimulation chemicals into protected groundwater. These practices should stop. We found no documented instances of hydraulic fracturing or acid stimulations directly causing groundwater contamination in California, but few studies examined this possibility. However, we did find that fracturing in California tends to be in shallow wells, and hydraulic fractures could possibly intersect protected groundwater in a few locations. Also, California reservoirs have many existing boreholes that warrant more attention to ensure they are not leakage pathways. We found the data insufficient to determine if there is a relationship between oil and gas-related fluid injection and any of California’s numerous earthquakes, and this should be studied.
Most impacts associated with hydraulic fracturing are indirect and are caused by oil and gas production enabled by hydraulic fracturing. For example, oil and gas development in general causes habitat loss and fragmentation that should be mitigated and any production facility can incur air emissions. As hydraulic fracturing enables only 20-25% of production in California, only about 20-25% of any given indirect impact is likely attributable to hydraulically fractured reservoirs.
Oil production from hydraulically fractured reservoirs emits less greenhouse gas per barrel than other forms of oil production in California. Air pollutants and toxic air emissions from hydraulic fracturing are mostly a small part of total emissions in oil producing regions except for a few toxic air substances such as hydrogen sulfide and formaldehyde in the San Joaquin Valley. However, pollutants can be concentrated near production wells and present health hazards to nearby communities. California public health studies could determine the magnitude of this issue and the need for any mitigating policies. Studies done outside of California found workers in hydraulic fracturing operations were exposed to respirable silica and volatile organic compounds (VOCs), especially benzene, above recommended occupational levels, but confirmation of this issue awaits specific evaluation in California.
This study highlights many recommendations to change practice, collect data, and investigate risk factors for Californians. However, questions remain at the end of this initial assessment of the impacts of well stimulation in California that can only be answered by new research and data collection. Volumes II and III of this report series provide many detailed recommendations for filling data gaps and additional research.
From the EPA press release...
Federal agencies, The Rockefeller Foundation, and Cities of Service announce Resilience AmeriCorps initiative as part of Administration’s effort to build climate resilience nationwide
WASHINGTON – Building on the President’s Climate Action Plan, today the Corporation for National and Community Service (CNCS), the Department of Energy (DOE), the Environmental Protection Agency (EPA), the National Oceanic and Atmospheric Administration (NOAA), The Rockefeller Foundation, and Cities of Service, announced a new commitment to launch a Resilience AmeriCorps pilot program.
Resilience AmeriCorps will help communities plan and implement efforts necessary to become more resilient to shocks and stresses, including extreme weather and other impacts of climate change. Through the pilot program, AmeriCorps VISTA members will serve in up to 12 communities in 2015-2016 to support the development of resilience strategies that will both help communities better manage the unavoidable and avoid the unmanageable. AmeriCorps VISTA members will build volunteer networks to carry out program initiatives, and create education and outreach materials to strengthen awareness and citizen engagement in low-income communities.
“EPA understands that environmentally overburdened communities are often those most in need of resources to help prepare for and respond to climate change,” said EPA Administrator Gina McCarthy. “We are excited to support the new Resilience AmeriCorps pilot program and look forward to its potential for encouraging service opportunities that will meet local needs.”
“National service is a powerful and proven solution to local issues communities face today, including making communities more resilient, especially those most vulnerable in the face of disasters,” said Corporation for National and Community Service CEO Wendy Spencer. “This partnership will expand the role of our AmeriCorps VISTA members in strengthening communities and will build on AmeriCorps VISTA’s long history of partnering with federal agencies, philanthropy, and city leadership. I am confident that the work of our AmeriCorps members will have a significant impact on these communities and its residents.”
“At the Department of Energy, we are strong advocates for public-private partnerships to enhance the resilience of our Nation," said Deputy Energy Secretary Liz Sherwood-Randall. “Through this initiative, we will help some of our most vulnerable communities become more resilient and get better prepared to meet the challenges of climate change and extreme weather.”
"Crisis is increasingly part of the 21st century, which is why it is imperative that communities – large and small – place a premium on building resilience. With collaborative efforts across all sectors we can ensure our country is prepared for the inevitable shocks and gnawing stresses so that disruptions no longer become disasters,” said Dr. Judith Rodin, President of The Rockefeller Foundation. “The new Resilience AmeriCorps program will create a new generation of talented individuals who are committed to building resilience, and who can support cities today while deepening the bench for innovative leadership in years to come. Resilience is a journey, not a destination, and the time to embark on it is now.”
"As communities around the nation become more vulnerable to severe extreme weather and climate related events, NOAA and its partners are working to build resilient communities and economies," said Holly Bamford, Ph.D., assistant NOAA administrator for NOAA’s National Ocean Service performing duties of the assistant secretary of commerce for conservation and management. "These pilot projects are an exciting step in providing communities with the tools, information, and services they need to become more resilient."
“We are excited to help lead the country’s first Resilience AmeriCorps with our federal partners and the Rockefeller Foundation,” said Cities of Service Executive Director Myung J. Lee. “Cities of Service works with our mayors to help engage their citizens, improve their communities with impact volunteering, and achieve results. We are glad to be a part of this program that will strengthen cities structurally as well as socially, toward greater national resilience."
The pilot program is one of a series of actions the White House announced in support of the Administration’s commitment to building resilience in vulnerable communities. Resilience AmeriCorps was developed in response to a recommendation made by the President’s State, Local, and Tribal Leaders Task Force on Climate Preparedness and Resilience.
On Wednesday, July 15 at 2 p.m. EDT the White House will host a Google+ Hangout to discuss the important role of community service in helping vulnerable communities become more resilient. The event will feature speakers from the Administration, The Rockefeller Foundation, Cities of Service, and local communities engaged in building community resilience. Members of the public are encouraged to ask the participants questions during the livestreamed conversation using the Twitter handle #ActOnClimate.
Wednesday, July 8, 2015
Virtual Student Foreign Service (VSFS) eInternship program openings: Application deadline of July 22
For the planning students out there, a note from the U.S. State Department Bureau of Overseas Buildings Operations:
We have two projects open with two positions in each project. These internships would be online working on a variety of tasks including 3D animations, urban planning and analysis, GIS, geography, and graphic design. eInterns volunteer ten hours a week from September to May. Please feel free to share this opportunity with interested students.
Applicants must be U.S. citizens enrolled in university level courses in the U.S. or abroad. Below I have included more information about our specific projects and I have attached the informational flyer for the Virtual Student Foreign Service (VSFS) eInternship program.
Our two projects are listed under U.S. Department of State, Bureau of Overseas Buildings Operations and labeled as follows:
STATE-USA-OBO1: New Embassy Planning
STATE-USA-OBO2: Mapping, Modeling, and Animating for Master Planning of Diplomatic (MPD) Missions
We will only be accepting applicants for this opportunity until July 22, 2015, however we do offer many different types of internships all year round.
Tuesday, July 7, 2015
You know I love these webcasts...
Douglas Houston, Ph.D., University of California, Irvine and
Marlon Boarnet, Ph.D., University of Southern California
Wednesday, July 22, 2015 10:00 a.m., PDT (WEBCAST)
Byron Sher Auditorium, 2nd Floor, Cal/EPA Building
1001 I Street, Sacramento, California
Available research cannot definitively demonstrate causal
association between new transit service and travel behavior
change, but there is a pressing need to estimate the potential
magnitude of the causal effects of transit investments in ways
that are policy-relevant. This research project innovates by
applying an experimental - control group research design to study
a new light rail transit service in Los Angeles, California. Only
two previous studies use an experimental design to assess the
impacts of light rail transit, and this study is the first to use
an experimental design to measure impacts on vehicle miles
traveled--a key determinant of greenhouse gas emissions from the
transport sector. We administered a seven-day travel study to a
panel of households in the vicinity of Los Angeles' Expo light
rail line before the 2012 start of rail service and twice after
the line opened. For more go to the announcement at:
Monday, July 6, 2015
Andrea McArdle (CUNY Law) has posted Lessons for New York: Comparative Urban Governance and the Challenge of Climate Change on SSRN. The article was recently published in the Fordham Urban Law Journal. Here is the abstract:
Climate change and the weather disasters to which it contributes are major challenges for urban governance. Using New York City’s experience with Superstorm Sandy as a launching point, the Article addresses the fundamental question of urban governance that weather disasters present. Recognizing the direct and immediate connection local government bears to coastal land, infrastructure, and the people who live and work within its borders, the role of a municipality in preparing for and responding to weather disasters is clear. However, the enormity and complexity of weather-related disaster preparedness limit the capacity of any individual local government to cope with these phenomena.
To consider the governance challenge in the context of weather disasters, Part I contextualizes the question by providing an overview of New York City’s principal pre-Superstorm Sandy climate change mitigation measures under the administration of former Mayor Michael Bloomberg. It then examines, in Sandy’s aftermath, the City’s commitment to a set of initiatives to develop capacity to withstand future weather events. It first considers the City’s set of initiatives in relation to the “vertical” governance structure in the United States that serves as the source of authority, policy guidance, and fiscal support for confronting the challenges of climate change.
The balance of the Article explores an alternative approach for addressing climate-change challenges that links urban governments horizontally, across national borders. Specifically, Part II introduces interurban networks that operate within a normative framework established by international protocols. This Part focuses attention principally on the foundational assumptions grounding three networks of cities: the C40 Cities Climate Leadership Group, an organization of large cities in partnership with the World Bank, the International Council for Local Environmental Initiatives (ICLEI) — Local Governments for Sustainability, and a number of philanthropic organizations; Rockefeller Foundation-initiated resilience networks; and Resilient Cities, an annual global forum initiated in 2010 by ICLEI, the World Mayors Council on Climate Change, and the City of Bonn, Germany.
Part III draws on the literature of network governance models and considers how transnational urban networks can offer a framework for comparative governance by serving as a continuing reference point on climate change, and a basis for generating shared norms for developing resilience to climate-change effects. Specifically, this Part addresses ways in which interurban initiatives such as C40 Cities and Resilient Cities make cities more salient, by recognizing the crucial role that cities play both as contributors to greenhouse gas emissions, and thus global warming, and as loci of innovation, experimentation, and creativity. It develops the argument that these collaborative networks exemplify an alternative approach to governance in which cities are linked together horizontally to commit to innovation, promote policy diffusion through the exchange of ideas, expertise, and resources, and adopt best practices for climate-change mitigation and adaptation strategies.
Part IV addresses potential limitations, including the enduring pro-growth orientation of cities, which may militate against city-led climate-related resilience strategies, referred to as “managed coastal retreat,” that entail scaling back waterfront development. Another consideration is that cities’ climate, geography, and economy will vary, and in any given instance a city’s experience may not be replicable in other contexts. This Part also takes up the concern that highly influential non-state actors engaged in international development or philanthropy may eclipse the role of local governments and reinforce paternalism vis-à-vis less resourced localities.
Noting the general benefits that cities can derive from a problem solving approach responsive to, but not limited by, individual cities’ experience and scale, the Article concludes that cities’ participation in transnational urban networks holds some promise from a comparative governance perspective. To the extent that these interurban networks can promote members’ voluntary participation in, and adherence to, developing norms and practices for addressing climate-related risks, they enhance transnational problem solving on an issue that is simultaneously local and global. Further, they raise the possibility that local-level innovation of climate-related measures falling within the scope of local authority can jumpstart the stalled process of developing wider consensus on climate change that has eluded efforts of governments at the national scale.
Thursday, July 2, 2015
Next month, I will end my nearly four-year tenure as Editor-in-Chief as the Journal of Affordable Housing & Community Development Law. I am so happy to be passing the torch to my very experienced Associate Editor, Laurie Hauber, who directs the Community Economic Development Program for Legal Services of Eastern Missouri in St. Louis. Recent events there and in my former home, Baltimore, have prompted Laurie to put together a feature issue on racial justice and community development. Here's the call for submissions:
ABA Journal of Affordable Housing & Community Development Law
Call for papers
The Journal of Affordable Housing & Community Development Law invites submissions for its next issue (Volume 24:2). We are seeking articles on racial justice as it relates to affordable housing or community and economic development. We encourage a broad range of submissions on this topic, which could range from discussion of the implications of siting low income housing tax credit developments in areas of high (or low) concentrated poverty to articles that consider the relationship between local government boundaries and community development initiatives. Submissions on topics other than racial justice are encouraged and will be considered for publication in future issues.
Interested authors should send a one- to two-paragraph abstract describing their proposals to the Journal’s new Editor–in-Chief, Laurie Hauber, at the email address below.
The Journal welcomes articles (typically 7,000-10,000 words (30–50 pages) as well as essays (usually 4,500–7,500 words (20–40 pages) from practitioners, academics, and students. Submissions of final articles and essays for Volume 24:2 issue should be made by September 1, 2015.
Please do not hesitate to contact any of us with questions:
Laurie Hauber, Editor–in-Chief , LJHauber@lsem.org
Laura Schwarz, Co-Editor, Lschwarz@renocavanaugh.com
Brandon Weiss, Co-Editor, firstname.lastname@example.org
Wednesday, July 1, 2015
Here is the monthly round-up: all of the land use law articles posted to the SSRN Property, Land Use & Real Estate Law eJournal in June. It is another hefty month of scholarship. This month also offers a number of international land use law articles that look tempting. Note: the articles are listed here in the reverse order of posting (e.g., articles posted at the beginning of the month are at the bottom), and thus the order is not indicative of download rankings.
What Does Wukan Offer? Land-Taking, Law, and Dispute Resolution
Fu Hualing and John Gillespie (eds.) Resolving Land Disputes in East Asia: Exploring the Limit of Law (Cambridge University Press, 2014).
The University of Hong Kong - Faculty of Law
Airbnb and the Housing Segment of the Modern 'Sharing Economy': Are Short-Term Rental Restrictions an Unconstitutional Taking?
Hastings Constitutional Law Quarterly, Vol. 42, 2015
University of Missouri at Kansas City - School of Law
Kelo v. New London: A Decade Later
Title News, June 2015
University of Connecticut School of Law
Mortgage as a Financial Product
Commonwealth of Puerto Rico
Water Rights, Water Quality, and Regulatory Jurisdiction in Indian Country
Stanford Environmental Law Journal, Forthcoming, University of Washington School of Law Research Paper No. 2015-21
Robert T. Anderson
University of Washington School of Law
Insuring Mangrove Forests for Their Role in Mitigating Coastal Erosion and Storm-Surge: An Australian Case Study
Wetlands, 33 2: 279-289, 2013
Justine Bell and Catherine Lovelock
The University of Queensland - T.C. Beirne School of Law and Independent
Restorating Due Process as the Essential First Step in Every Takings Case
Loyola Journal of Public Interest Law, 13 1: 1-60
Duane L. Ostler
Land, Law Reform and the FAA-Samoa
Lawasia Journal, 13 27-52
Jennifer C. Corrin
The University of Queensland, Centre for Public, International and Comparative Law, TC Beirne School of Law
Bills of Attainder and the Formation of American Takings Law at the Founding of the Republic
Campbell Law Review, 32 2: 227-284
Duane L. Ostler
Poverty, Police and the Offence of Public Nuisance
Bond Law Review, 20 2: 198-215
University of Queensland
Use of Property Rights Registers for Sustainability – A Queensland Case Study
Australian Property Law Journal, 17 1: 86-103
Justine Bell and Sharon Christensen
The University of Queensland - T.C. Beirne School of Law and Queensland University of Technology
Indigenous Lands and Constitutional Reform in Australia: A Canadian Comparison
Australian Indigenous Law Review, 15 2: 87-106
Margaret A. Stephenson
The University of Queensland - T.C. Beirne School of Law
Muddying the Waters Further: Kennon v Spry - 'Ownership', 'Control' and the Discretionary Trust
Australian Bar Review, 32 173-179
The University of Hong Kong - Faculty of Law
Sustaining Neighborhoods of Choice: From Land Bank(ing) to Land Trust(ing)
Washburn Law Journal, Vol. 54, No. 3, 2015
James J. Kelly Jr.
Notre Dame Law School
From Confrontation to Congruence: The Potential Role of Payments in Lieu of Taxes in the Economic Development Conversation
Public Budgeting & Finance, Vol. 35, Issue 2, pp. 19-39, 2015
Fred Mayhew and Tammy Renea Waymire
James Madison University - Department of Political Science and Northern Illinois University - Department of Accountancy
To Lease or Not to Lease? The Leasing of Indigenous Statutory Lands in Australia: Lessons from Canada
Commonwealth Law Bulletin, 35 3: 545-570
Margaret A. Stephenson
The University of Queensland - T.C. Beirne School of Law
'Just Piles of Rocks to Developers But Places of Worship to Native Americans' - Exploring the Significance of Earth Jurisprudence for South African Cultural Communities
Potchefstroom Electronic Law Journal, Vol. 18, No. 1, 2015
Matome M Ratiba
University of South Africa - School of Law
Environmental Justice as Spatial and Scalar Justice: A Regional Waste Facility or a Local Rubbish Dump Out of Place?
McGill International Journal of Sustainable Development Law & Policy, Vol. 9, No. 2, 2014
Melbourne Law School
Natural Gas Development: Extracting Externalities – Towards Precaution-Based Decision-Making
McGill International Journal of Sustainable Development Law & Policy, Vol. 8, No. 2, 2013
Sara K. Phillips and Mark S. Goldberg
Centre for International Sustainable Development law and McGill University - Faculty of Medicine
The Coase Theorem, Land Use Entitlements, and Rational Government
Zoning Rules! The Economics of Land Use Regulation. Cambridge, Mass.: Lincoln Institute of Land Policy, 2015, Forthcoming
William A. Fischel
Dartmouth College - Department of Economics
Preserving Homeownership Through the Power of the Collective: Lessons for Barcelona
297 Revista de Derecho Urbanístico y Medio Ambiente 31 (2015),
Julie D. Lawton
DePaul University - College of Law
Funding Conservation in Idaho: A Survey of Federal, State & Local Resources Assisting Conservation on Private Lands
Stephen R. Miller
University of Idaho College of Law - Boise
Introduction to: Property, Land and Territory in the Making of Overseas Empires
Jose Vicente Serrao et al (eds), Property Rights, Land and Territory in the European Overseas Empires. Lisbon: CEHC-IUL, 2014 (online 2015), pp. 7-17. (Book DOI: 10.15847/cehc.prlteoe.945X000)
Jose Vicente Serrao
University Institute of Lisbon (ISCTE-IUL)
Pro Farmer, Pro Industry Land Acqusition Act
Vijaya Krushna Varma
Wanted: A Legal Regime to Clean Up Orphaned/Abandoned Mines in Canada
McGill International Journal of Sustainable Development Law & Policy, Vol. 6, No. 2, 2010
Joseph F. Catrilli
Canadian Environmental Law Association
Social Safeguards in REDD: A Review of Possible Mechanisms to Protect the Rights and Interests of Indigenous and Forest-Dependent Communities in a Future System for REDD
McGill International Journal of Sustainable Development Law & Policy, Vol. 6, No. 1, 2010
Foundation for International Environmental Law and Development (FIELD)
Historic Wreck Salvage: An International Perspective
Tulane Maritime Law Journal, Vol. 33, No. 2, p. 347, 2009
Craig J. S. Forrest
The University of Queensland - TC Beirne School of Law
Land Use Law Update: Will Reed v. Town of Gilbert Require Municipalities Throughout the Country to Rewrite Their Sign Codes?
29 Municipal Law Journal 16 (Winter 2015), Touro Law Center Legal Studies Research Paper
Touro College - Jacob D. Fuchsberg Law Center
Recent Developments in Social Impact Management in Extractive Resource Development in Peru
McGill International Journal of Sustainable Development Law & Policy, Vol. 5, No. 2, 2009
University of California Hastings College of the Law
Re-Zoning Alberta: Smart Regulation for Smart Growth
McGill International Journal of Sustainable Development Law & Policy, Vol. 5, No. 1, 2009
Borden Ladner Gervais LLP
The Politics of Takings Clauses
Northwestern University Law Review, Vol. 109, No. 3, 2015, Virginia Public Law and Legal Theory Research Paper No. 34
University of Virginia School of Law
Separate and Unequal: The American Dream Unfulfilled
16 Rutgers Race & L. Rev. 183 (2015)
Peter C. LaGreca
Supplementing Forest Sustainability Certificates with Fiscal Instruments
Rotterdam Institute of Law and Economics (RILE) Working Paper Series No. 2015/7
Dirk Heine , Michael G. Faure and Chih-Ching Lan
Erasmus University Rotterdam (EUR) - Rotterdam Institute of Law and Economics , University of Maastricht - Faculty of Law, Metro and Erasmus University Rotterdam (EUR) - Rotterdam Institute of Law and Economics
A Framework for Understanding Property Regulation and Land Use Control from a Dynamic Perspective
4 Michigan Journal of Environmental & Administrative Law 303 (2015)
Donald J. Kochan
Chapman University, The Dale E. Fowler School of Law
Reforming REIT Taxation (Or Not)
Houston Law Review, Vol. 53, 2015, Forthcoming, Brooklyn Law School, Legal Studies Paper No. 416
Bradley T. Borden
Brooklyn Law School
The Sporting Life: Democratic Culture and the Historical Origins of the Scottish Right to Roam
University of Illinois Law Review, Forthcoming, Cornell Legal Studies Research Paper No. 15-15
Gregory S. Alexander
Cornell Law School
Defending the Constitutionality of the Endangered Species Act: The Case of the Utah Prairie Dog
"On the Merits"--Washington Legal Foundation, June 6, 2015
Michael C. Blumm
Lewis & Clark Law School
Effects of Protected Areas on Forest Cover Change and Local Communities: Evidence from the Peruvian Amazon
Juan Jose Miranda , Leonardo Corral , Allen Blackman , Gregory Asner and Eirivelthon Lima
World Bank , Inter-American Development Bank (IDB) , Resources for the Future , Carnegie Institution for Science - Department of Global Ecology and Inter-American Development Bank (IDB)
We Don't Serve Your Kind Here: Public Accommodations and the Mark of Sodom
Boston University Law Review, Vol. 95, p. 929, 2015
Joseph William Singer
Harvard Law School
The Indian States of America: Parallel Universes & Overlapping Sovereignty
38 Am. Indian L. Rev. 1 (2014)
Joseph William Singer
Harvard Law School
Practical Precautions, Reasonable Responses: How South Australia's Planning Regime Adapts to the Coastal Impacts of Climate Change
Environmental and Planning Law Journal, Vol. 32, pp. 256-277, 2015
University of South Australia - School of Law
To Bargain or Not to Bargain? A Response to Bargaining for Development Post-Koontz
Florida Law Review Forum, Vol. 67, No. 5, 2015, Pepperdine University Legal Studies Research Paper No. 2015/8
Shelley Ross Saxer
Pepperdine University School of Law
Environment as a Human Right: Legal Implications
The IUP Law Review, Vol. IV, No. 3, July 2014, pp. 73-79
The ICFAI Foundation for Higher Education (IFHE)
The Supreme Court of India and Inter-State Water Dispute: An Analysis of the Judgements on Mullaperiyar Dam
Water Policy, 2015
M. P. Ram Mohan and Krittika Chavaly
The Public Trust Doctrine in the Shadow of State Environmental Rights Laws: A Case Study
45 Environmental Law 431 (2015), Minnesota Legal Studies Research Paper No. 15-15
Alexandra B. Klass
University of Minnesota Law School
Greening the Tube: Paddling Toward Comprehensive Surf Break Protection
37 Environs Environmental Law and Policy Journal 45 (2013)
University of Florida - Fredric G. Levin College of Law
The Potential Meanings of a Constitutional Public Trust
Environmental Law, Vol. 45, No. 463, 2015, Widener Law School Legal Studies Research Paper No. 15-12
John C. Dernbach
Widener University - School of Law
Развитие Государственно-Частного Партнерства Как Ключевое Условие Решения Вопросов Строительства Доступного Жилья, Создание Социальной и Инженерной Структуры (The Development of Public-Private Partnerships as a Key Condition for the Solution of Issues of Affordable Housing, the Creation of Social and Engineering Infrastructure)
Elena Vladimirovna Ivankina and N N Rogozhina
Russian Presidential Academy of National Economy and Public Administration (RANEPA) and Russian Presidential Academy of National Economy and Public Administration (RANEPA) - Institute of Sectoral Management
Planning for Climate Change and Sea Level Rise: Queensland's New Coastal Plan
Environmental and Planning Law Journal, 29 1: 61-74, 2012, University of Queensland TC Beirne School of Law Research Paper No. 15-50
The University of Queensland - T.C. Beirne School of Law
Propuestas Legislativas Sobre La Responsabilidad Del Hostelero (Legislative Proposals About the Hostel's Owner Liability)
InDret, Vol. 2, 2015
Paula Castaños Casto
University of Malaga - Facultad de Derecho
President Eisenhower's 1956 Prediction Becomes a Reality: The New Art of the REIT Spin
Energy in the Ecopolis
Environmental Law Reporter, Vol. 45, 2015
Sara C. Bronin
University of Connecticut - School of Law
Tuesday, June 30, 2015
While everyone was rightly focused on the flurry of historic decisions at the end of the Supreme Court term (including the raisins takings case, my personal favorite) the court also granted cert in an interesting sign regulation case that, until now, was not on my radar. Robert Thomas, head of the eminent domain committee of the ABA's State & Local Government Law Section, posted an interesting summary of the case on his blog:
Central Radio placed a banner on the side of its building protesting government’s attempt to take the building by eminent domain. The City of Norfolk quickly cited Central Radio for violating the City’s sign code, despite not having enforced the code against any other political sign in at least a quarter-century. Although the sign code prohibited Central Radio’s protest banner, it exempts various other categories of signs from regulation. For example, Central Radio’s banner would have been allowed if, rather than protesting city policy, it depicted the city crest or flag.
The day after this Court heard argument in Reed v. Town of Gilbert, No. 13-502, the Fourth Circuit, over a dissent from Judge Gregory, upheld Norfolk’s sign code. Following the approach adopted by the Ninth Circuit in Reed, the Fourth Circuit found the challenged provisions content-neutral. Applying intermediate scrutiny to the sign code, it held that Norfolk was justified in restricting Central Radio’s banner because some passersby had honked, waved, or shouted in support of it.
The questions presented are:
1. Does Norfolk’s mere assertion of a content-neutral justification or lack of discriminatory motive render its facially content-based sign code content neutral and justify the code’s differential treatment of Central Radio’s protest banner?
2. Can government restrict a protest sign on private property simply because some passersby honk, wave, or yell in support of its message?
Given the court's general hostility to sign regulation (see, e.g. Reed v. Gilbert as discussed above and covered in this WaPo story) is the outcome in this forthcoming case a forgone conclusion?
Jamie Baker Roskie