Tuesday, September 2, 2014

Upcoming conferences on ocean management and environmental law and energy law moot court competition

The following two upcoming conferences, one with a New York focus and one with a national focus, may be of interest to land use scholars and practitioners. Additionally, West Virginia University College of Law is hosting its Fifth Annual National Energy & Sustainability Moot Court Competition, which may be of interest to students focused on land use, energy or environmental law. Here are the details: 

Managing New York Ocean Resources:  Connecting Science and Policy

Save the date: October 18, 2014, at Hofstra University in Queens, New York.

According to an email from a contact at Stony Brook University: As directed by the National Ocean Policy, Regional and New York Ocean Action Plans and Ocean Assessments are being drafted that will protect and guide management of marine resources now and in the future. The New York Marine Sciences Consortium will host a meeting to gather input from the scientific community, policy makers, other stakeholders and the general public to inform these action plans and assessments. Conference participants' input will be used to develop recommendations and identify critical knowledge gaps regarding ocean-related human uses, natural resources, and cultural factors. The NY Marine Sciences Consortium will use this information to produce a meeting report that will be presented to New York State and to the Mid-Atlantic Regional Council on the Oceans to guide development of the Action Plans and Assessments. Click here and choose ‘Annual Conference’ for more information. 

Additionally, for those interested in coastal policy issues, related social science issues, and marine science, the conference planners are seeking input on conference design, including break-out session topics. To provide input, please fill out the online questionnaire by September 12th.

Appalachian Public Interest Environmental Law (APIEL) Conference

October 17 to 19, 2014, at University of Tennessee College of Law in Knoxville, Tennessee.  

According to an email from Will Mazzota, President of the University of Tennessee law school's Environmental Law Organization: APIEL is a regional conference designed to bring attorneys, activists, policymakers, funders, philanthropists, students, and scientists together from across the greater Appalachian region. It is a vehicle to advance the most pressing environmental and public interest causes of our time; it will offer a chance to attend a wide selection of workshops and seminars led by lawyers, activists, and scientists. The workshops will cover a broad range of environmental public interest topics, including some topics of concern to land use practitioners and scholars. Topics include fracking, immigration, nuclear weapons, mountain top removal, and enforcement of the Clean Water Act.

It appears that APIEL may provide some travel stipends and food during conference events to attendees who need financial support.

Register for the event here. For more information about the conference, see APIEL's website

Fifth Annual WVU College of Law National Energy & Sustainability Moot Court Competition

Registration is open now for the March 12-14, 2015 competition in Morgantown, West Virginia.

An email from Jamie Van Nostrand, Associate Professor and Director of WVA's the Center for Energy and Sustainable Development, describes this national competition as featuring problems that focus on current issues facing the energy industry. Past problems have been based on energy and sustainability issues associated with the gulf oil spill; the nuclear incident at Fukushima Daiichi; shale gas development and the Clean Air Act; and the intersection of the Clean Air Act, the Clean Water Act and common law nuisance claims associated with utility power plants.

Register here. Registration closes on January 5, 2015, and is limited to the first forty teams. Interested schools or student groups can contact Professor Van Nostrand (james.vannostrand@mail.wvu.edu, (304)293-4694) or Samantha Stefanov, Program Assistant (samantha.stefanov@mail.wvu.edu, phone (304)293-0064) with questions.


Posted by Professor Sarah J. Adams-Schoen, Director of Touro Law's Land Use & Sustainable Development Institute. You can follow the Institute's blog here, and contact Professor Adams-Schoen by email or phone (sadams-schoen@tourolaw.edu, (631)761-7137).

September 2, 2014 in Clean Energy, Coastal Regulation, Conferences, Environmental Law | Permalink | Comments (0)

Mulvaney: Progressive Property Moving Forward

Tim M. Mulvaney (Texas A&M) has just posted, Progressive Property Moving Forward, which will appear in an upcoming edition of the California Law Review Circuit.  Here is the abstract:

In his thought-provoking recent article, "The Ambition and Transformative Potential of Progressive Property," Ezra Rosser contends that, in the course of laying the foundations of a theory grounded in property’s social nature, scholars who participated in the renowned 2009 Cornell symposium on progressive property have “glossed over” property law’s continuing conquest of American Indian lands and the inheritance of privileges that stem from property-based discrimination against African Americans. I fully share Rosser’s concerns regarding past and continuing racialized acquisition and distribution, if not always his characterization of the select progressive works he critiques. Where I focus in this essay, though, is on the fact that, in the course of articulating his claim that these select progressive works have failed to attend sufficiently to matters of acquisition and distribution, Rosser wavers on whether a system of private property has the very capacity to play even a small part in fostering meaningful progressive change. 

After setting forth my understanding of Rosser’s contribution in the first part of the essay, I use the remaining pages to express slightly more confidence than does Rosser in property’s potential to serve a role in furthering a progressive society. If property is to serve in this role, however, I suggest that it seems important to redesign and reinterpret it in accord with three themes — transparency about property rules’ value-dependence, humility about the reach of human knowledge and the mutability of our normative positions, and a concern for the socioeconomic identities of those affected by resource disputes — themes that underlie a broader set of writings than Rosser considers within the contours of “progressive property scholarship” and on which I offer some very preliminary impressions.


September 2, 2014 | Permalink | Comments (0)

Vermont / Georgetown / UC Davis takings conference - September 19 in Davis, CA

On September 19, 2014, Vermont Law School, Georgetown University Law Center, and UC Davis Law School are hosting the 17th Annual Conference on Litigating Takings Challenges to Land Use and Environmental Regulations, in Davis, California.  Details available at http://www.vermontlaw.edu/Takings2014.

From the event website:

This conference explores the regulatory takings issue as it relates to land use and environmental regulation. In addition to offering a basic education in modern takings law, the conference brings together a diverse group of leading scholars and experienced practitioners to discuss cutting-edge issues raised by recent decisions and pending court cases. Some of the topics to be discussed include the practical implications of the Supreme Court's 5 to 4 decision in Koontz v. St. Johns Water Management District for state and local government land use standards and procedures. The conference will also address the potential effects of the Supreme Court's decision in Marvin M. Brandt Revocable Trust v. United States on the Rails to Trails program in the western United States. National experts will also discuss the new, hotly contested idea of using the eminent domain power to take over underwater residential mortgages. Other major topics will include the potential takings issues associated with water management and possible takings claims that may arise from efforts to adapt to climate change.

September 2, 2014 | Permalink | Comments (0)

Monday, September 1, 2014

Introducing Guest Blogger Sarah Adams-Schoen

This month we welcome Sarah Adams-Schoen to our ranks for a visit. Sarah Adams-Schoen is an Assistant Professor of Law and the Director of the Institute on Land Use & Sustainable Development Law at Touro Law. She has a B.A., from Sarah Lawrence College, a M.Sc. from the London School of Economics, and a J.D., from Lewis & Clark Law School, where she previously taught Legal Analysis and Writing, Energy Law and White Collar Criminal Law. Before that, she worked as a senior policy analyst for Portland, Oregon’s Metro Regional Government, a criminal defense attorney for Janet Hoffman & Associates, and a civil and regulatory litigator at Stoel Rives. Professor Adams-Schoen is currently the co-editor-in-chief of Municipal Lawyer, a publication of the New York State Bar Association, and an associate editor of Legal Communication & Rhetoric: JALWD. Her diverse research interests include environmental law, environmental criminal law, land use, and sustainability.

September 1, 2014 | Permalink | Comments (0)

Willamette Law now offering summaries of Oregon Land Use Board of Appeals decisions and orders online

Jeff Litwak (Columbia River Gorge Comm'n) sends the following news:

Last month, Willamette Law Online began summarizing decisions and orders of the Oregon Land Use Board of Appeals and making them available through its WLO subscription service.  WLO provides an email to the subscriber with generally well written summaries.  The link is http://www.willamette.edu/wucl/resources/journals/wlo/.  This is a terrific resource for folks nationally that are interested in Oregon’s unique land use system.  

I noodled around the website and it seems like a great resource, including links to opinions, as well as summaries.  The subscription service is a nice touch, too, as you don't have to remember to go and check the site--the summaries just appear in your inbox. 

Stephen R. Miller 

September 1, 2014 | Permalink | Comments (0)

Introducing Guest Blogger Celeste Pagano

Sepetmeber is here and that means our guest bloggers are rotating. We heartily welcome Celeste Pagano to the Land Use Profs Blog for a stint. Celeste Pagano is a Visiting Research Fellow at DePaul University College of Law. She held previous positions at Florida Coastal School of Law, Oklahoma City University School of Law, and Temple University’s Beasley School of Law. She is a Phi Beta Kappa and honors graduate of the University of California at Berkeley. She received her J.D. in 2000 from Harvard Law School. She also has more than six years of private practice experience as a commercial real estate attorney, specializing in the financing and development of multifamily affordable housing. She practiced in Boston and Houston. Pagano’s areas of expertise include land use, housing, and public-private partnerships. She has taught various land use, property, and environmental law related courses. She has written on toll road privatization, DIY Urbanism, and rolling easements. All issues that I expect our readers would love to hear more about.

September 1, 2014 | Permalink | Comments (0)

Land use articles posted to SSRN in August

It is the first of the month, which means it's time for our check-in with what's new on SSRN.  Below are all of the new land use law-related articles posted in August (search term "land use," parameter "last month"):

1 Incl. Electronic Paper City Replanning 
George Mason Law & Economics Research Paper No. 14-32
Roderick M. Hills, Jr. and David Schleicher 
New York University School of Law and George Mason University School of Law 
Date posted: 
07 Aug 2014

Last revised: 
09 Aug 2014

working papers series

2 Incl. Electronic Paper Looking Through the Lens of Size: Land Use Regulations and Micro-Apartments in San Francisco 
Charles Joshua Gabbe 
UCLA Luskin School of Public Affairs 
Date posted: 
13 Aug 2014

working papers series

3 Incl. Electronic Paper Political Reform in China: Elections, Public Goods and Income Distribution 
Monica Martinez-Bravo Gerard Padro I. Miquel Nancy Qian and Yang Yao 
Centre for Monetary and Financial Studies (CEMFI) , London School of Economics & Political Science (LSE) , Yale University - Department of Economics and Peking University - China Center for Economic Research (CCER) 
Date posted: 
20 Aug 2014

working papers series

4 Incl. Electronic Paper The Effect of Climate and Technological Uncertainty in Crop Yields on the Optimal Path of Global Land Use 
World Bank Policy Research Working Paper No. 7009
Yongyang Cai Jevgenijs Steinbuks Joshua Elliott and Thomas W. Hertel 
Stanford University - The Hoover Institution on War, Revolution and Peace , World Bank - Development Research Group (DECRG) , University of Chicago and Purdue University - Center for Global Trade Analysis 
Date posted: 
20 Aug 2014

working papers series

5 Incl. Electronic Paper Urban Resiliency and Destruction 
Idaho Law Review, 2014, Forthcoming, U of Houston Law Center No. 2014-A-72
Kellen Zale 
University of Houston Law Center 
Date posted: 
09 Aug 2014

Last revised: 
14 Aug 2014

Accepted Paper Series

6 Incl. Electronic Paper Environmental Issues, Climate Changes, and Energy Security in Developing Asia 
Asian Development Bank Economics Working Paper Series No. 399
Benjamin K. Sovacool 
Vermont Law School 
Date posted: 
14 Aug 2014

working papers series

7 Incl. Electronic Paper Changing the Plan: The Challenge of Applying Environmental Review to Land Use Initiatives 
40 Ecology Law Quarterly 833 (2013), U of Houston Law Center No. 2014-A-71
Kellen Zale 
University of Houston Law Center 
Date posted: 
09 Aug 2014

Last revised: 
14 Aug 2014

Accepted Paper Series

8 Incl. Electronic Paper Land Conflict Due to Irregular Ownership of Land: The Case of Kalanggaman Island 
Lillian D. Estorninos and Gerry Briton de Cadiz 
Eastern Visayas State University and Eastern Visayas State University 
Date posted: 
21 Aug 2014

working papers series

9 Incl. Electronic Paper Land and Farm Production: Availability, Use, and Productivity of Agricultural Land in the World 
Hector E. Maletta 
Universidad del Pacífico 
Date posted: 
22 Aug 2014

working papers series

10 Incl. Electronic Paper Welfare Benefits of Agglomeration and Worker Heterogeneity 
IZA Discussion Paper No. 8382
Coen N. Teulings Ioulia V. Ossokina and Henri L. F. de Groot 
University of Amsterdam - SEO Economic Research , Erasmus University Rotterdam - General Economics and VU University Amsterdam - Department of Spatial Economics 
Date posted: 
16 Aug 2014

working papers series

11 Incl. Electronic Paper Local Government Fracking Regulation: A Colorado Case Study 
33 Stanford Environmental Law Journal 61, 2014
Joel Minor 
Date posted: 
25 Aug 2014

Accepted Paper Series

12 Incl. Electronic Paper Land Use in Rural New Zealand: Spatial Land Use, Land-Use Change, and Model Validation 
Motu Working Paper No. 14-07
Simon Anastasiadis Suzi Kerr Wei Zhang Corey Allan and William Power 
Motu Economic and Public Policy Research , Motu Economic and Public Policy Research Trust , Motu Economic and Public Policy Research Trust , Motu Economic and Public Policy Research Trust and GNS Science 
Date posted: 
16 Aug 2014

working papers series

13 Incl. Electronic Paper Assessing the Economic Benefits of Sustainable Land Management Practices in Bhutan 
IFPRI Discussion Paper 01361
Ephraim Nkonya Raghavan Srinivasan Weston Anderson and Edward Kato 
International Food Policy Research Institute (IFPRI) , Texas A&M University (TAMU) , International Food Policy Research Institute (IFPRI) and International Food Policy Research Institute (IFPRI) 
Date posted: 
22 Aug 2014

working papers series

14 Incl. Electronic Paper God's Green Earth? The Environmental Impacts of Religious Land Use 
64 Maine Law Review 207 (2011), U of Houston Law Center No. 2014-A-70
Kellen Zale 
University of Houston Law Center 
Date posted: 
09 Aug 2014

Last revised: 
14 Aug 2014

Accepted Paper Series

15 Incl. Electronic Paper Les Conflits D’Aménagement Dans La Communication Environnementale. Argumentation Et Dissémination De Contenus Environnementaux (Land Use Conflicts in the Environmental Communication. Argumentation and Environmental Topics Dissemination) 
ALLOUCHE, Aurélien, Land Use Conflicts in the Environmental Communication. Argumentation and Environmental Topics Dissemination, ESSACHESS Journal for Communication Studies, Vol. 7, No. 1(13), 2014.,
Aurélien Allouche 
Aix-Marseille University 
Date posted: 
12 Aug 2014

Accepted Paper Series

16   Community Economic Development Law: A Text for Engaged Learning 
Carolina Press (2012)
Susan D. Bennett Brenda Bratton Blom Louise A. Howells and Deborah S. Kenn 
American University, Washington College of Law , University of Maryland Francis King Carey School of Law , University of the District of Columbia - David A. Clarke School of Law and Syracuse University College of Law 
Date posted: 
04 Aug 2014

Accepted Paper Series

Here are the Top 10 articles on the SSRN Property, Land Use, and Real Estate eJournal, which lists the top downloads for articles posted in the last 60 days.

1 290 How to Do Things with Hohfeld 
Pierre Schlag 
University of Colorado Law School 
Date posted to database: 13 Jul 2014 
Last Revised: 9 Aug 2014
2 177 Intellectual Property and Property Rights 
Adam Mossoff 
George Mason University School of Law 
Date posted to database: 22 Jul 2014 
Last Revised: 7 Aug 2014
3 160 Still an Issue: The Taking Issue at 40 
Patricia Salkin 
Touro College - Jacob D. Fuchsberg Law Center 
Date posted to database: 27 Jun 2014 
Last Revised: 6 Jul 2014
4 142 City Replanning 
Roderick M. Hills, Jr. and David Schleicher 
New York University School of Law and George Mason University School of Law 
Date posted to database: 7 Aug 2014 
Last Revised: 9 Aug 2014
5 135 The Affirmative Duties of Property Owners 
Robert C. Ellickson 
Yale Law School 
Date posted to database: 11 Jul 2014 
Last Revised: 12 Aug 2014
6 93 Property: A Bundle of Sticks or a Tree? 
Anna di Robilant 
Boston University School of Law 
Date posted to database: 20 Jun 2014 
Last Revised: 22 Jul 2014
7 91 Liberalism and the Private Law of Property 
Hanoch Dagan 
Tel Aviv University - Buchmann Faculty of Law 
Date posted to database: 13 Jul 2014 
Last Revised: 13 Jul 2014
8 80 Leases and Executory Contracts in Chapter 11 
Kenneth Ayotte 
University of California, Berkeley - School of Law 
Date posted to database: 7 Jul 2014 
Last Revised: 13 Aug 2014
9 80 The Cost of Personal Property Servitudes: Lessons for the Internet of Things 
Christina Mulligan 
Brooklyn Law School 
Date posted to database: 14 Jul 2014 
Last Revised: 11 Aug 2014
10 61 Complex Decision-Making and Cognitive Aging Call for Enhanced Protection of Seniors Contemplating Reverse Mortgages 
Debra Pogrund StarkJessica M. ChoplinJoseph A. Mikels and Amber Schonbrun McDonnell 
The John Marshall Law School, DePaul University, DePaul University and The John Marshall Law School 
Date posted to database: 25 Jun 2014 
Last Revised: 25 Jun 2014

Here are the Top 10 articles on the SSRN State & Local Government eJournal, which lists the top downloads for articles posted in the last 60 days.

1 312 2013 Developments in Connecticut Estate and Probate Law 
Jeffrey A. Cooper and John R. Ivimey 
Quinnipiac University School of Law and Reid and Riege, P.C. 
Date posted to database: 30 Jul 2014 
Last Revised: 30 Jul 2014
2 207 The Legitimacy of (Some) Federal Common Law 
Caleb Nelson 
University of Virginia School of Law 
Date posted to database: 21 Jul 2014 
Last Revised: 22 Jul 2014
3 142 City Replanning 
Roderick M. Hills, Jr. and David Schleicher 
New York University School of Law and George Mason University School of Law 
Date posted to database: 7 Aug 2014 
Last Revised: 9 Aug 2014
4 138 Morals from the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trust Practice 
Gerry W. Beyer 
Texas Tech University School of Law 
Date posted to database: 19 Jun 2014 
Last Revised: 19 Jun 2014
5 57 Maryland v. King: Terry v. Ohio Redux 
Tracey Maclin 
Boston University - School of Law 
Date posted to database: 25 Jun 2014 
Last Revised: 25 Jun 2014
6 54 Child, Victim, or Prostitute? Justice Through Immunity for Prostituted Children 
Tessa L. Dysart 
Regent University School of Law 
Date posted to database: 17 Jun 2014 
Last Revised: 17 Jun 2014
7 48 Into the Breach: The Case for Robust Noncapital Proportionality Review Under State Constitutions 
Samuel Weiss 
Harvard University - Law School - Alumni 
Date posted to database: 20 Jun 2014 
Last Revised: 20 Jun 2014
8 47 Resilient Cities and Adaptive Law 
Craig Anthony (Tony) Arnold 
University of Louisville - Brandeis School of Law 
Date posted to database: 20 Jun 2014 
Last Revised: 25 Jun 2014
9 43 Circumcision Safety: A Case Study in the Failure of Leaderships 
Steven H. Resnicoff 
DePaul University College of Law 
Date posted to database: 1 Jul 2014 
Last Revised: 1 Jul 2014
10 42

Community Losses: The Costs of Education Reform 
Susan DeJarnatt 
Temple University - James E. Beasley School of Law 
Date posted to database: 6 Aug 2014 
Last Revised: 6 Aug 2014


Stephen R. Miller




September 1, 2014 | Permalink | Comments (0)

Friday, August 29, 2014

Do you have a land use law event coming up? Tell us about it!

We make every effort at the blog to publicize as many land use law events as possible.  Given the blog's readership, we tend to focus on events held at law schools and practitioner events that are national in scope.  That said, we know we are missing a lot.  

If you, your law school, or your professional organization is organizing a land use law event this fall, send me an e-mail (millers @ uidaho dot edu) with links and information, and we will make sure to get the word out.

Stephen R. Miller

August 29, 2014 | Permalink | Comments (0)

Thursday, August 28, 2014

Martin's new article: Federalism and Municipal Innovation: Lessons from the Fight Against Vacant Properties

Benton C. Martin (unaffiliated) recently published, Federalism and Municipal Innovation: Lessons from the Fight Against Vacant Properties, in the spring edition of Urban Lawyer.  Here is the abstract:

Cities possess a far greater ability to be trailblazers on a national scale than local officials may imagine. Realizing this, city advocates continue to call for renewed recognition by state and federal officials of the benefits of creative local problem-solving. The goal is admirable but warrants caution. The key to successful local initiatives lies not in woolgathering about cooperation with other levels of government but in identifying potential conflicts and using hard work and political savvy to build constituencies and head off objections. To demonstrate that point, this Article examines the legal status of local governments and recent efforts to regulate vacant property through land banking and registration ordinances.


August 28, 2014 | Permalink | Comments (0)

Tuesday, August 26, 2014

Historic Preservation During an Age of Fiscal Pressure

Funds for historic preservation programs, particularly those dealing with identifying, cataloguing, and managing historic resources, are typically slashed when the economy sputters.  Right now is such a time.  In my previous post, I discussed ARCHES--a free, online, user-friendly, open-source geospatial software system developed by the Getty Conservation Institute and the World Monuments Fund that is purpose-built to inventory and manage immovable heritage to internationally adopted standards.  Anyone can downloand and customize ARCHES to suit their needs.

Today I want to discuss a powerful, innovative but cheap technological tool that can aid authorities in their quest to create and/or update their historic resources digital inventory:  online crowdsourcing.  Simply put, online crowdsourcing allows someone to obtain needed services and/or content by soliciting voluntary contributions from the online public community rather than hiring employees or paying suppliers.  Online crowdsourcing has been an extremely effective tool for preserving cultural heritage in many countries.  For instance, the National Library of Finland is using online crowdsourcing to index its scanned archives.  Similarly, the University of Cape Town in South Africa is using online crowdsourcing to transcribe collections containing the Bushman’s language, stories, and way of life.  The National Geographic Society is using online crowdsourcing to analyze millions of satellite images of Mongolia showing potential archaeological sites in the hopes of discovering the tombs of Genghis Khan and his descendants.  And an English non-profit organization has utilized online crowdsourcing and online crowdfunding—funds donated by the interested public online—to provide both finances and labor for an expert-led excavation of a Bronze Age causeway composed of millions of timbers in the Cambridgeshire fens.  And perhaps most relevant to experiences of local governments in the United States, the City of Los Angeles has created a website, MyHistoricLA.org, that allows citizens to map and submit information about places of cultural importance to them which may not be architecturally significant (and thus escape the purview of preservation officials).   

Drawing on the crowdsourcing experience of others, local governments and cities in the United States could create an online portal attached to their own digital inventories, or create an appended website like MyHistoricLA.  This portal or website could offer training modules to citizens on cultural heritage recording practices and afterwards ask them to collect and upload descriptive information, statistics, pictures, videos, and maps on historic resources in their neighborhoods.  The information uploaded to this portal could be screened and vetted by authorities before permanently adding it to the digital repository, ensuring quality control.  In this way, local governments and cities could gather and preserve vast amounts of data related to their cultural heritage in a short period of time and at minimal cost.  Furthermore, such a strategy also fosters civic pride, a sense of community, and a deeper, more tangible connection to the city’s past, particularly for younger generations who are adept at using technology.  It also offers peace of mind knowing that if and when a disaster occurs that as much cultural heritage as possible has been preserved for future generations. 

August 26, 2014 in Comparative Land Use, Comprehensive Plans, Historic Preservation, History, Urbanism | Permalink | Comments (0)

Friday, August 22, 2014

Inaugural Idaho Symposium on Energy in the West - Nov 13-14 - CFP included


A Final 1 Color LogoInaugural Idaho Symposium on Energy in the West

November 13-14, 2014
Sun Valley Inn & Conference Center
Sun Valley, Idaho

2014 Symposium Topic

Transmission & Transport of Energy in the Western U.S. & Canada: A Law & Policy Road Map to 2050

This inaugural meeting of the Idaho Symposium on Energy in the Westseeks to provide a forum to investigate the future of basic—but vital—legal questions arising from western U.S. and Canadian energy production.  This return to basics is precisely to envision, and re-envision, the long-term infrastructure investments that the dramatic rise in energy production in the west now necessitates.  Three baseline questions guide the meeting:  What is the market demand for western energy?  Where is energy produced in the west?  How is energy transmitted and transported in the west?  After establishing this baseline in key western energy sectors, speakers will then provide a 2050 vision for each of these baseline questions, as well as a road map for how that future might, or should, be shaped by law and policy.  Energy sectors investigated will include:  oil and gas (conventional, hydraulic fracturing, and oil sands); coal; wind; solar; nuclear; and electricity markets.  The meeting is also expected to result in the production of short essays on the meeting topic, which will be published in the 2015 Idaho Law Review’s Natural Resources and Environmental Law edition.  In addition, one of the goals of the inaugural meeting of the Symposium is to identify an emerging energy law question to form the basis for a scholars’ roundtable to be held in the 2015-16 academic year. 

Call for Presentations and Essays

The University of Idaho, College of Law is pleased to issue this call for presentations and essays for the inaugural Idaho Symposium on Energy in the West.  The topic for this first meeting of the series is Transmission & Transport of Energy in the Western U.S. & Canada:  A Law & Policy Road Map to 2050.  This meeting will be held at the Sun Valley Inn and Conference Center in Sun Valley, Idaho, on November 13-14, 2014.  Reasonable travel expenses of participants will be covered.

To submit a proposal, please send a 250-word proposal and CV to Prof. Stephen R. Miller at millers@uidaho.edu as soon as possible, but no later than September 15, 2014. While speakers will also be selected by invitation, we are committed to using the CFP process to fill at least several speaker positions. Please indicate which energy sector you would like to discuss and, in particular, your legal scholarship or experience with that sector.  Sectors to be discussed at the meeting are:  oil and gas (conventional); oil and gas (hydraulic fracturing); oil and gas (oil sands); coal; wind; solar; nuclear; and electricity markets.

We are especially interested in speakers that would commit to draft a 1,000 word essay based upon presentations at the Symposium.  Speaker essays will appear as a collection in the 2015 Idaho Law Review Natural Resources and Environmental Law edition.  Essay drafts will be due in Spring, 2015.

About the Symposium Series

 The Idaho Symposium on Energy in the West is a new interdisciplinary collaboration between the University of Idaho, College of Law Natural Resources and Environmental Law Programs, the Center for Advanced Energy Studies, and the Energy Policy Institute at Boise State University.  The collaborators intend to hold the Symposium on an annual basis.  In the 2014-15 academic year, and every other academic year thereafter, the Symposium will be a large, public-facing event suitable for scholars, industry professionals, and practicing lawyers.  CLE credits will be available both through in-person attendance as well as through an Internet broadcast of the event.  In the intervening years, the Symposium will convene primarily as a scholars’ event with a goal of providing a collaborative environment to advance law and policy scholarship on energy issues in the western U.S. and Canada.  Funding for the Symposium is generously provided by the Center for Advanced Energy Studies.



August 22, 2014 | Permalink | Comments (0)

Thursday, August 21, 2014

Rule's new book: Solar, Wind and Land: Conflicts in Renewable Energy Development

Troy A. Rule (Arizona) has a new book,   Solar, Wind and Land: Conflicts in Renewable Energy Development, just out from Routledge.  Here is the description:

The global demand for clean, renewable energy has rapidly expanded in recent years and will Rulelikely continue to escalate in the decades to come. Wind and solar energy systems often require large quantities of land and airspace, so their growing presence is generating a diverse array of new and challenging land use conflicts. Wind turbines can create noise, disrupt views or radar systems, and threaten bird populations. Solar energy projects can cause glare effects, impact pristine wilderness areas, and deplete water resources. Developers must successfully navigate through these and myriad other land use conflicts to complete any renewable energy project. Policymakers are increasingly confronted with disputes over these issues and are searching for rules to effectively govern them. Tailoring innovative policies to address the unique conflicts that arise in the context of renewable energy development is crucial to ensuring that the law facilitates rather than impedes the continued growth of this important industry.

This book describes and analyses the property and land use policy questions that most commonly arise in renewable energy development. Although it focuses primarily on issues that have arisen within the United States, the book’s discussions of international policy differences and critiques of existing approaches make it a valuable resource for anyone exploring these issues in a professional setting anywhere in the world.


August 21, 2014 | Permalink | Comments (0)

Rule's new article: Airspace in an Age of Drones

Troy A. Rule (Arizona) has just posted Airspace in an Age of Drones on SSRN.  The article is forthcoming in the Boston University Law Review.  Here is the abstract:

The growing interest in domestic drones is drawing new attention to unresolved questions regarding the scope of landowners' rights in the airspace above their land. Domestic drones are small, unmanned aircraft capable of delivering packages or capturing photos. Existing aerial trespass and takings laws, which were formulated prior to the advent of modern drone technologies, are ill-equipped to handle conflicts between domestic drone operators and landowners. To establish claims under these laws, landowners generally must prove that an aircraft flew within the nebulous "immediate reaches" of the airspace above their parcels and substantially interfered with their use and enjoyment of their land. The indefinite nature of landowner airspace rights under these rules is already generating confusion and controversy and hindering growth in the fledgling domestic drone industry. This Article applies basic principles of microeconomics and property theory to analyze the complex new property law issues presented by drone technologies. The Article ultimately advocates for legislation giving landowners strict rights to exclude aircraft from a clearly-defined column of low-altitude airspace directly above their parcels. Such legislation would clarify landowners' entitlements in low-altitude airspace and thereby promote more efficient governance of this increasingly valuable resource as drones become ever more common in domestic skies.

August 21, 2014 | Permalink | Comments (0)

UC Hastings hiring lateral/entry level Environmental and Natural Resources Law Professor

From David Takacs:

The University of California Hastings College of the Law is looking to hire an Environmental and Natural Resources Law Professor to start in the 2015-2016 academic year.  We are open to both lateral and entry-level candidates. While we will consider candidates from all sub-disciplines of U.S. Environmental and Natural Resources Law, we are particularly interested in candidates with expertise in Water Resources, Land Use, Coastal and Estuary Law, Energy Law & Policy, Public Lands & Natural Resources, and/or Constitutional Environmental Law (including Takings).  In addition to teaching courses in one or more of these subject areas, candidates should be able to teach some core 1L or upper division course(s), possibly including our 1L Environmental Law Statutory Analysis Elective.  

UC Hastings is a public university, and part of the University of California system; it is a separate, stand-alone campus with its own governing board.  We are located in the heart of San Francisco.  We will be interviewing at the AALS Conference in Washington D.C. in October.  Please feel free to direct informal questions to me at takacsd@uchastings.edu.  Formal expressions of interest should go to the Chair of the Appointments Committee, Richard Marcus, marcusr@uchastings.edu, UC Hastings College of Law, 200 McAllister Street, San Francisco CA 94102.

August 21, 2014 | Permalink | Comments (0)

Wednesday, August 20, 2014

Posting from New Orleans (No. 3) -- Forging Successful Non-Profit Partnerships Following Crisis and Disaster: O.C. Haley Boulevard's Story

This blog post follows-up a pair of August 5th and August 12th New Orleans posts.  Although I’m home in Atlanta getting ready to begin the new school year, I’m continuing an observance of Katrina’s 9th anniversary by ‘walking’ O.C. Haley Boulevard and looking at one of the city’s emerging post-storm neighborhood revitalization stories. 

At the outset of this post, it is important to note that there are many more neighborhood stories that deserved to be told, ranging from stretches of St. Claude, Carrollton, and Claiborne Avenues to Freret and lower Magazine Streets.  There are also many neighborhood corridors still struggling to come back all over the city, but particularly neighborhoods lying generally east and a little north of the French Quarter, including the vast area of New Orleans East as well as the Upper Ninth Ward and the Lower Ninth Ward. 

As the son of an architect, I’m always ready to begin discussion of any neighborhood transformation by flashing slides of the ‘bricks and mortar’ improvements.  Those are also the improvements that we as lawyers are most directly involved in supporting: the land acquisitions, the tax credit financings, the bridge loans, the condo documents, the parking easements.  But to get any neighborhood to the point where it can provide the social and economic buttressing to support significant private market transactions, there’s often a foundation of community activism and advocacy.  O.C. Haley Boulevard is no exception.   

Very rarely is any one individual or organization the sole ‘mover’ behind a neighborhood’s re-emergence.  Long before the levees and flood walls breached, non-profit, business owner, and neighborhood advocacy groups were working to lay the groundwork for O.C. Haley Boulevard’s resurgence.  Carol Bebelle, co-founder of the Ashé Cultural Arts Center, moved the Center onto the Boulevard in 1998 in order to sustain and nurture  the stories and traditions of New Orleans’ African American community.  The Cultural Arts Center’s historic building, an adaptive use of a former department store, became a foothold for the Boulevard’s resurgence, supporting non-profit office space, exhibit and meeting space, and 29 apartments.

About the same time, O.C. Haley Boulevard Merchants and Business Association gathered local businesses to spearhead creation of a strategic plan for the Boulevard’s revitalization. 

A couple of years later, in 2000, Café Reconcile opened across the street as an adaptive use of another large historic commercial building, housing a full-service restaurant dedicated to providing culinary training and life skills development to young men and women from the surrounding neighborhoods. 

Along the way, the Boulevard attracted key regional community development partners, and led them to call the Boulevard ‘home.’  These partners included Hope Federal Credit Union (http://www.hopecu.org/) and Good Work Network (http://www.goodworknetwork.org/), both of which concentrate their resources on serving low and moderate income families and developing opportunities for minority and women-owned businesses. 

In short, the Boulevard’s momentum had already been triggered when Katrina’s storm surge filled-up 80 percent of city, leaving the Boulevard and only a handful of other major corridors navigable by car as opposed to boat.  (A relatively current map of the businesses that have grown-up on the Boulevard in the last fifteen years is found on the Merchants and Business Association’s website, http://ochaleyblvd.org/?page_id=5).

Lawyers – often community development lawyers – figure critically in these first stages of a neighborhood’s redevelopment, well before building projects begin ‘going vertical.’  Lawyers are counseling neighborhood groups and businesses on drafting their articles of incorporation and their bylaws or preparing their Form 1029 to seek IRS 501(c)(3) status.  They are helping review applications seeking funding from foundations for planning and predevelopment award monies.  They may be advising their clients to seek funds for a market study to help give current and future businesses a sense of where and how they might invest their capital and other resources.  Or, they may be advocating at city hall for stricter enforcement of health and safety code violations affecting vacant or abandoned properties.  Law students interested in pursuing urban and community development work should gain an appreciation in law school of these critical supporting and counseling roles that lawyers play for community groups.

Earlier this month, I visited with Kathy Laborde, President and CEO of the non-profit Gulf Coast Housing Partnership (GCHP).  Laborde, who has worked on the Boulevard for almost two decades, described the factors that convinced her and the neighborhood’s stakeholders that they could turn around the Boulevard’s fortunes.  GCHP has been a main driver of redevelopment on and around the corridor since Katrina.  In sharing her thoughts and recollections concerning the Boulevard’s rebirth, Laborde described not only the last nine years’ key redevelopment projects, but at the same time she highlighted additional pieces of the urban redevelopment ‘puzzle’ that successful urban and community development lawyers need to appreciate to serve their clients well.


(Photo:  Gulf Coast Housing Partnership offices (gray building) at 1610 O.C. Haley Blvd.)

Location is an essential consideration for any urban redevelopment project.  Against the essential backdrop of an engaged group of neighborhood stakeholders, Laborde outlined the following factors as critical:

  1. The O.C. Haley corridor’s historic status as the one of the chief commercial centers for the city’s African American community;
  2. The corridor’s proximity to New Orleans’ Central Business District (separated only by the elevated U.S. 90, The Pontchartrain Expressway);
  3. The corridor’s proximity to St. Charles Avenue, one of nation’s great historic streets, which runs just 3 blocks to the corridor’s southeast; and
  4. The presence of historic commercial buildings fronting O.C. Haley Boulevard and stakeholders’ initial investment in rehabilitation of those structures.

These four areas of strength formed a sort of superstructure for the corridor’s redevelopment; however, by themselves, these four factors were not sufficient to draw significant investment to the corridor.  The challenge for GCHP and the corridor’s stakeholders was how to connect O.C. Haley’s assets to the city’s surrounding areas of strength and investment while maintaining the corridor’s character.  It was at this juncture, nine years ago, Hurricane Katrina unleashed its destructive forces.

Katrina fundamentally altered the way those inside and outside New Orleans viewed the city.  To those living in New Orleans, the telltale watermark stains left by the epic flooding clearly distinguished O.C. Haley Boulevard as ‘high ground’ that did not flood.  To those outside New Orleans, particularly local and national foundations and philanthropies, O.C. Haley Boulevard bordered one of the city’s toughest neighborhoods with one of its deepest pockets of poverty.  Outsiders also appreciated that the Boulevard was surrounded by areas of significant strength, including the city’s wealthier Uptown neighborhoods, the Central Business District, St. Charles Avenue, and the former C.J. Peete (Magnolia) development which was a 1930s-era public housing development then-slated to receive millions of dollars in HUD funds for complete redevelopment into the new mixed-income Harmony Oaks community. 

Outside funders immediately saw the Boulevard in a new way.  It stood out not only as a neighborhood where the private foundations and philanthropic funders saw they could achieve programmatic goals of creating more equitable, inclusive, and prosperous inner-city neighborhoods, but also these private funders were buoyed by the fact that high levels of investment were occurring all around the Boulevard.  Further, just as foundations and philanthropies were looking to leverage their investments, so too was the New Orleans Redevelopment Authority (NORA), which was responsible for making decisions about deployment of a tranche of federal disaster block grant monies for commercial corridor investments.  It was a ‘no brainer’ for NORA to join the catalytic investments of the Greater New Orleans Foundation, Kellogg, Rockefeller, Ford, Surdna, and the J.P. Morgan Chase Foundations.

Make no mistake – even with this level of interest, the Boulevard was hardly awash in cash.  In a post-Lehman Brothers world, banks had a low temperature for risk, and in post-Katrina New Orleans where the levee and flood control system rebuilding was not yet complete, caution was the rule for commercial lenders.  But what the philanthropic and government funding accomplished was to make the development ‘math’ work for deals dependent on tax credits and tax exempt bonds.  A non-profit developer could run a development pro forma that now yielded at least a sliver of a development fee.  The challenge for those developers and their clients was to complete successful residential and commercial development projects that would help New Orleanians and visitors alike see O.C. Haley Boulevard as a safe place to live and work.  As Laborde explains, this was the “show me stage” of the corridor’s redevelopment.  Beginning in 2007, this is exactly what the Boulevard’s stakeholders began to do.

Over the last seven years, GCHP and the Boulevard’s other stakeholders have completed a steady stream of housing, restaurant, office and retail projects.  The first pivotal project was GCHP’s completion of The Muses, a 263-unit mixed-income apartment community, which opened in 2009.  This project brought hundreds of new residents to the Boulevard and helped bridge the three-block real estate market 'canyon' between St. Charles Avenue and the Boulevard.

Blog -- O.C. Haley & GCHP -- The Muses
(The Muses is located a block off of O.C. Haley at 1720 Baronne Street).

The tipping point project may have been GCHP’s redevelopment of almost an entire city block between Martin Luther King, Jr., Boulevard, Thalia Street, O.C. Haley, and Rampart Street.   GCHP convinced the New Orleans Redevelopment Authority to move its 45 employees from its downtown rented office space to become the anchor tenant of an office building with ground floor commercial space.  This office and retail building were funded with New Markets Tax Credits, NORA’s investment of $2 Million in disaster Community Development Block Grant (dCDBG) funds, and private financing.  The office building, in turn, helped secure financing for an adjacent 75-unit affordable senior housing development. 


(Photo: New Orleans Redevelopment Authority office building, 1409 O.C. Haley Blvd.; 75-unit senior housing development can be seen to the right and to the rear of NORA's building.)

Another important project was Café Reconcile’s expansion and rehabilitation of its existing restaurant and training space.

(Photo:  Café Reconcile restaurant and training facility at 1631 O.C. Haley Blvd.; the recently completed expansion occupies the two-story light tan brick building.)

Café Reconcile’s $6.5 Million expansion was funded by private donations, NORA dCDBG funds, and state and federal tax credits.

“Success in community development,” Laborde stresses, “is about getting people to follow.”  And they are doing so on the Boulevard.  More projects are just weeks and months from completion, including the adaptive use of an historic school as a grocery store and offices, the renovation of two large retail buildings into the Southern Food and Beverage Museum (SoFAB), including The Museum of the American Cocktail, as well as the first home of the New Orleans Jazz Orchestra (NOJO), including its 360-seat performance venue.  The projects soon coming on-line include:


(Photo: the former Myrtle Banks School at 1307 O.C. Haley Blvd., which is being redeveloped by Jonathan Leit of Alembic Community Development.)

The school’s $17 million renovation is financed by New Markets Tax Credits, historic tax credits, $1 Million from the City’s dCDBG-funded Fresh Food Retailer Initiative, $900k from the New Orleans Redevelopment Authority, and $300k from the Foundation for Louisiana.

(Photo:  Currently under construction are (left) New Orleans Jazz Orchestra (NOJO) Market at 1436 O.C. Haley Blvd. and (right) the Southern Food and Beverage Museum (SoFAB) at 1504 O.C. Haley Blvd.)

The NOJO Market and SoFAB redevelopment projects critically anchor two separate O.C. Haley Boulevard blocks where the Boulevard meets Martin Luther King, Jr., Boulevard.  NOJO’s development is financed by State of Louisiana historic tax credits, State of Louisiana theater, musical, and theatrical production tax credits, $10 Million from Goldman Sachs’ Urban Investment Fund, an $800k loan from NORA’s commercial revitalization gap loan fund, and a bridge loan from Prudential Insurance Company.  NOJO will open in the spring of 2015.  A ribbon cutting for the SoFAB redevelopment is set for September 29, 2014.

Next week we will wrap-up our discussion of O.C. Haley and Katrina’s 9th anniversary with a discussion of what urban redevelopment professionals are looking for in the attorneys they hire.   

John Travis Marshall, Georgia State University College of Law

August 20, 2014 in Affordable Housing, Architecture, Community Economic Development, Development, Downtown, Federal Government, Financial Crisis, Historic Preservation, Housing, HUD, Redevelopment, Teaching | Permalink | Comments (0)

Shell Scenarios launches New Lenses on Future Cities

Back in June, Shell launched a new project at its "Scenarios" site it is calling "New Lenses on Future Cities."  The project is essentially an effort to project multiple visions of how the next century could go related to energy, development, and land use.  One of the visions, "Mountains," assumes a strong government intervention to address climate change; another vision, "Oceans," assumes weak government intervention.  Regardless of whether one agrees with all of the predictions resulting from the assumptions--I did not--the project still seems a useful tools as a starting point against which to push or pull in forming one's own vision of how the next century might go in energy and land use.  Here is the set-up:

By 2050, around three quarters of the population is expected to be living in cities. The greatest growth in urban population over this period will be in China, India, Nigeria and the US. The most dramatic growth will come in thousands of smaller towns that will rapidly develop into cities. Much of the infrastructure for these new cities has yet to be designed. Booz & Company (in a study for the World Wildlife Fund) estimates that the total investment in urban infrastructure and operations in the next three decades will exceed a staggering $350 trillion.

The largest share of this will be in the emerging markets. Financing these investment needs will be a major challenge and will require significant innovations in global finance. If these needs can be met, it would constitute a major source of aggregate demand for the world economy for a long time to come.

Today, cities use 66% of the world’s total energy – and in the next 30 years this figure could increase to nearly 80%. City development in the past has been driven by assumptions that energy would be available at a relatively low price. The lack of a perceived need to secure energy supply and to develop planning policies has led to urban sprawl and energy inefficiency.

Here is the trailer:


Stephen R. Miller

August 20, 2014 | Permalink | Comments (0)

Friday, August 15, 2014

Burge, Trosper, Nelson, Juergensmeyer & Nicholas: Can Development Impact Fees Help Mitigate Urban Sprawl?

Gregory S. Burge, Trey L. Trosper, Arthur C. Nelson, Julian C. Juergensmeyer, and James C. Nicholas's article, Can Development Impact Fees Help Mitigate Urban Sprawl?, published in the Summer, 2013 edition of the Journal of the American Planning Association, became available online last week.  Here is the abstract:  

Problem, research strategy, and fmdings: Local governments often react to sprawl by adopting urban containment policies to limit fringe growth and encourage core development.  An alternative is to design impact fee programs accounting for the higher costs of providing services to remote locations. Zone-based impact fee programs carry this potential, but there is no empirical work investigating their effect on residential development. We explored the effects of a zone-based impact fee program on residential permits issued across the Albuquerque, NM, metropolitan statistical area using 21 years of data, identifying countervailing influences on density. The program mitigated sprawl by reducing the share of construction occurring near the urban fringe and by increasing the share in more centrally located areas, but there is no evidence the program increased core development. During a brief period when Albuquerque had impact fees but an adjacent community did not, we observed spillover effects that exacerbated sprawl.

Takeaway for practice: Planners managing sprawl can use zone-based impact fee programs that account for the higher costs of fringe development to effectively increase the density of residential construction, but it may be necessary to use regional programs or coordinated efforts to prevent spillover to adjacent communities.

Access at:  DOl 10.1080/01944363.2014.901116 (sub. req'd.).

August 15, 2014 | Permalink | Comments (0)

Thursday, August 14, 2014

The First (Forgotten) Principle of Preservation Planning

Historic resources—buildings, monuments, parks, street patterns, archaeological sites etc.—provide numerous economic, educational, psychological, and sustainable benefits to the cities in which we live.  Yet, planning and policies surrounding historic urban resources often fail a fundamental first principle that is simple in theory, yet bedeviling in practice:  know what you have.  This principle motivated the most famous resource survey in the world:  William the Conqueror’s Domesday Book.  


Nearly 1000 years removed from the Norman invasion—during an age of internet, selfies, Animal husbandrytelevision, digital pictures, and share-ware—there is not a single city in the United States boasts as complete a picture of its historic resources as William had of the farms, oxen, and pigs on subjugated Anglo-Saxon lands in 1086. 




How are we supposed to integrate historic resources into broader urban planning and economic development policies if we don’t know what resources are available?  The reasons for this gap are complex, ranging from disinterest in preserving historic resources in favor of new development to the difficulty of constantly updating a historic resources inventory that grows every year on a shrinking municipal budget.  Nevertheless, some states and many local governments have laws requiring them to catalogue and protect historic resources.  (If only our laws were coupled with medieval punishments for failure. . . .)

Cucking stool







To organize and manage historic resources, many state and local governments utilize some form of inventory or list.  Some of these are yellowed, wrinkled papers (with or without polaroids) in a dusty 3-ring binder.  Others, like Georgia’s Natural, Archaeological, and Historic Resources GIS (GNAHRGIS), are specially-produced, online, publically accessible inventories that are byzantine in design and useful only to the consultant who created it and irregularly updates it (if at all).

Despite municipal austerity, there is an exciting new development to aid cities of all sizes knowing the range and types of historic resources they have.  The Getty Conservation Institute and the World Monuments Fund have rolled out a free, easy-to-use geospatial software system—ARCHES—that is purpose built to help inventory and manage immovable historic resources to internationally adopted standards.  Any organization can download ARCHES, install it, and customize it.  The geographic information system (GIS) capabilities of ARCHES allow cities to layer information spatially on a digital map.  This means that in addition to pinpointing individual historic resources, you can perform a variety of functions:  group historic resources by zip code, county, or neighborhood; target an area according to the type of historic resource; create risk maps for particularly vulnerable historic resources; formulate plans to leverage historic resources.  (Imagine what we would know of 11th century England if Duke William had such capabilities!)

Currently, Los Angeles city officials are using ARCHES in a program called SurveyLA to create the first-ever, comprehensive survey of LA’s historic resources.  (Prior to SurveyLA, only 15% of the city had been surveyed for historic resources).  And ARCHES is also being used by towns and cities in other countries to document and manage their immovable heritage.  U.S. cities and towns now have the opportunity to create their own Domesday.  All that is required is a William.

William the Conqueror


Ryan Rowberry, Georgia State Univesity College of Law


August 14, 2014 | Permalink | Comments (0)

Bill Fulton, California land use authority, to head Rice's Kinder Institute for Urban Research

For decades, California land use lawyers and planners have turned to Bill Fulton's books and newsletters on land use for authoritative guidance.  He is now leaving his current position as planning director of San Diego to become the director of the Kinder Institute for Urban Research at Rice University.  From the press release:

William “Bill” Fulton, a nationally recognized urban-planning expert, has been named director of Rice University’s Kinder Institute for Urban Research. Fulton’s appointment is effective this fall.

“We’re thrilled that Bill Fulton will be coming to Rice and Houston to lead the Kinder Institute,” said Rice President David Leebron. “He brings an extraordinary breadth of political, academic and urban-planning experience. The Kinder Institute is the lynchpin of our commitment to making a difference in the future of Houston, and I am confident that Bill, working together with our outstanding faculty, will enable it to achieve those aspirations and more.”

“We believe the Kinder Institute for Urban Research has the potential to be a premiere contributor to an understanding of the issues affecting Houston, as well as other cities in America and around the world,” said Rich Kinder, chairman and CEO of Kinder Morgan, one of the largest pipeline transportation and energy storage companies in North America. “We hope to build on the foundation of knowledge accumulated over the years by the Houston Area Survey, and we are delighted that Bill Fulton has accepted the challenge to lead our efforts in the coming years.”

A $15 million gift from Kinder and his wife Nancy funded the establishment of the Kinder Institute in 2010, which houses numerous urban research programs, including the Houston Area Survey. Now in its 33rd year, the survey tracks the city’s evolving demographic and socio-economic makeup and measures area residents’ response to urban issues such as traffic, crime and immigration. No other metropolitan region in America has been the focus of a research program of this scope and duration.

A prominent expert and commentator on urban planning in California, Fulton currently serves as director of the Planning Department for the city of San Diego. He leads a 120-employee department with a $24 million annual budget overseeing all long-range city planning, infrastructure financing and economic development efforts. He has also served since 2004 as a senior fellow in the Sol Price School of Public Policy at the University of Southern California. Fulton previously worked as a city councilmember, deputy mayor and mayor of the city of Ventura, Calif., vice president for policy development and implementation at Smart Growth America and as a principal in various urban planning and environmental consulting firms.

A prolific writer, he has authored hundreds of articles, dozens of reports and five books on urban planning in California, including Guide to California Planning, the state’s standard textbook on urban planning. In 2009, Planetizen, a public interest information exchange for the urban planning, design and development community, named Fulton to its list of “Top 100 Urban Thinkers.”

“The search committee conducted an extensive national search to find the right person to fill this position,” said former Rice Board of Trustees Chair Jim Crownover, who chaired the search committee. “We were so fortunate to find Bill, who has focused his whole career on positively impacting urban environments. He has done this in many ways — as a writer, educator, mayor and urban planner — and always with great success.”

“I’m incredibly excited about joining the Kinder Institute,” Fulton said. “The 21st century will be the century of cities, and Houston will be a major laboratory in the search to make cities more prosperous and livable. I’m looking forward to working with everyone at Rice — and everyone in Houston — to bring about a better urban future in Houston and translate those lessons to help other cities around the nation and the world.”

Born and raised in Auburn, N.Y., Fulton received a B.A. in mass communications from St. Bonaventure University, an M.A. in journalism from American University and an M.A. in urban planning from the University of California, Los Angeles. Fulton is a member of the American Institute of Certified Planners.

. . .

Rice University’s Kinder Institute for Urban Research conducts multidisciplinary scientific research, engages in public outreach and sponsors educational programs that advance the understanding of pressing urban issues and fosters the development of more humane and sustainable cities. Its programs are designed to further ongoing research initiatives at Rice and to serve as catalysts to foster informed decision-making and effective action in the Houston community and beyond. Scholars at the Kinder Institute study both macro changes in the economic, demographic and socio-cultural patterns of large metropolitan regions and the micro experiences of life in local neighborhoods and communities.

Stephen R. Miller


August 14, 2014 | Permalink | Comments (0)

Tuesday, August 12, 2014

"Plan C" for Colorado in battle over local control of fracking

NPR has the story...

From the lede:

Colorado Gov. John Hickenlooper has announced a last-minute compromise to avert a costly political battle over oil and gas drilling. As Dan Boyce of Inside Energy reports, the deal is meant to find a solution to disputes related to fracking — but it also serves the political interests of Colorado Democrats.

The story doesn't mention last month's Colorado district court ruling finding that the city of Longmont's ban on hydraulic fracturing and the storage and disposal of hydraulic fracturing waste in the city was invalid., discussed previously on the blog here.

August 12, 2014 | Permalink | Comments (0)