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- Selected Works (7)
- Touro University Jacob D. Fuchsberg Law Center (3)
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- SelectedWorks (2)
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- Pepperdine Law Review (14)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (12)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (7)
- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (6)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (5)
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- Water Organizations in a Changing West (Summer Conference, June 14-16) (5)
- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (4)
- Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8) (4)
- Holly Doremus (3)
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- Water and Growth in the West (Summer Conference, June 7-9) (3)
- Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) (3)
- Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19) (2)
- Dams: Water and Power in the New West (Summer Conference, June 2-4) (2)
- Patricia E. Salkin (2)
- Paul Stanton Kibel (2)
- Public Land & Resources Law Review (2)
- Sustainable Use of the West's Water (Summer Conference, June 12-14) (2)
- The Climate of Environmental Justice: Taking Stock (March 16-17) (2)
- The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4) (2)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (2)
- Who Governs the Public Lands: Washington? The West? The Community? (September 28-30) (2)
- A Celebration of the Work of Charles Wilkinson (Martz Winter Symposium, March 10-11) (1)
- Donald J. Kochan (1)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (1)
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Articles 1 - 30 of 107
Full-Text Articles in Law
Same As It Ever Was : The Tijuana River Sewage Crisis, Non-State Actors, And The State, James M. Cooper
Same As It Ever Was : The Tijuana River Sewage Crisis, Non-State Actors, And The State, James M. Cooper
Faculty Scholarship
Sewage—a scary mixture of human waste and industrial toxins—flows into the Tijuana River Valley, an environmentally sensitive watershed that straddles the United Mexican States ("Mexico") and the United States of America. Treatment plants, a deteriorating one in Punta Bandera with limited capacity south of the border, and another in San Diego County completed in 1997, are inadequate to process the volume of sewage. So much sewage made its way into the Tijuana River that CBS 60 Minutes broadcast a special report on the binational environmental disaster in 2020.
Border factories and a population spike contribute to the sewage. Maquiladoras, …
Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains
Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains
Public Land & Resources Law Review
In Hoopa Valley Tribe v. FERC, the Hoopa Valley Tribe challenged the intentional and continual delay of state water quality certification review of water discharged from a series of dams on the Klamath River in California and Oregon. The Federal Energy Regulatory Commission, the states of Oregon and California, and PacifiCorp, a hydroelectric operator, were implementing an administrative scheme designed to circumvent a one-year temporal requirement for review imposed on states by the Clean Water Act. This scheme allowed PacifiCorp to operate the series of dams for over a decade without proper state water quality certification. The United States …
"I Had A Lakehouse In Tahoe": The Legal Ramifications Of California Tapping Lake Tahoe And How It Affects Homeowners, Gregory Stratz
"I Had A Lakehouse In Tahoe": The Legal Ramifications Of California Tapping Lake Tahoe And How It Affects Homeowners, Gregory Stratz
Marquette Law Review
none
The New State Zoning: Land Use Preemption Amid A Housing Crisis, John Infranca
The New State Zoning: Land Use Preemption Amid A Housing Crisis, John Infranca
Suffolk University Law School Faculty Works
Commentators have long decried the pernicious effects that overly restrictive land use regulations, which stifle new development, have on housing supply and affordability, regional and national economic growth, social mobility, and racial integration. The fragmented nature of zoning rules in the United States, which are set primarily at the local level, renders it seemingly impossible to address these concerns systematically. While there have been some efforts to address local exclusionary tendencies and their suboptimal effects by means of greater state control, these efforts, which remain contentious, have been limited to just a few states.
In the past few years a …
Water Shortage And Water Law: The Impending Crisis In Semi-Arid Climates, Bonnie Persons
Water Shortage And Water Law: The Impending Crisis In Semi-Arid Climates, Bonnie Persons
Journal of Comparative Urban Law and Policy
Water is a business driver and a substantial source of both wealth and risk. Water is also under increasing statutory and legislative pressure as jurisdictions strive to manage water resources more holistically by addressing both surface and groundwater together, but on a more decentralized and sustainable basis. The potential collapse of the municipal water system in Cape Town, South Africa serves as a stark alarm for cities in arid and semi-arid, Mediterranean-like environments. This risk is especially true of cities like Marseilles, France and regions like California. By comparing the impacts of the water law in these different jurisdictions, this …
Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall
Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall
Sustainable Development Law & Policy
No abstract provided.
Water, Growth And The Endangered Species Act, Holly Doremus
Water, Growth And The Endangered Species Act, Holly Doremus
Water, Growth And The Endangered Species Act, Holly Doremus
Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
A Celebration of the Work of Charles Wilkinson (Martz Winter Symposium, March 10-11)
Conference held at the University of Colorado, Wolf Law Building, Wittemyer Courtroom, Thursday, March 10th and Friday, March 11th, 2016.
Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, William Boyd, Kristen Carpenter, Britt Banks, Harold Bruff, Richard Collins, Carla Fredericks, Mark Squillace, and Charles Wilkinson
"We celebrate the work of Distinguished Professor Charles Wilkinson, a prolific and passionate writer, teacher, and advocate for the people and places of the West. Charles's influence extends beyond place, yet his work has always originated in a deep love of and commitment to particular places. We …
Public Access Vs. Private Property: The Struggle Of Coastal Landowners To Keep The Public Off Their Land, James D. Donahue
Public Access Vs. Private Property: The Struggle Of Coastal Landowners To Keep The Public Off Their Land, James D. Donahue
Loyola of Los Angeles Law Review
No abstract provided.
Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore
Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore
Public Land & Resources Law Review
In Pit River Tribe v. Bureau of Land Management, the United States Court of Appeals for the Ninth Circuit explained the correct application of the zone of interests test and further solidified the importance of proper NEPA and NHPA analysis in geothermal leasing. The court reaffirmed that the BLM and the Forest Service must conduct additional cultural and environmental analysis when granting lease extensions under the Geothermal Steam Act. Furthermore, it rejected the BLM’s decision to grant forty-year lease continuations to unproven geothermal leases by treating them as a unit rather than individually.
Keeping Track Of Conservation, Jessica Owley
Keeping Track Of Conservation, Jessica Owley
Journal Articles
Throughout the world, governments require land protection in exchange for development permits. Unfortunately, oftentimes scant attention has been paid to these land protection programs after development. Agencies and permit applicants agree on mitigation rules, but there appears to be little follow-up. When we do not know where conservation is occurring and cannot determine the rules of mitigation projects, the likelihood that they will be successful or enforced diminishes. I journeyed to California in search of answers by tracing four mitigation plans associated with the Federal Endangered Species Act. While I anticipated some difficulties, the tale is more alarming than expected. …
Zoning And The Vested Right To Use Property: There Ought To Be A Right! , Hugh Breckenridge
Zoning And The Vested Right To Use Property: There Ought To Be A Right! , Hugh Breckenridge
Pepperdine Law Review
No abstract provided.
Looking Back: Consistency In Interpretation Of And Response To The Consistency Requirement, A. B. 1301 , Joseph F. Di Mento
Looking Back: Consistency In Interpretation Of And Response To The Consistency Requirement, A. B. 1301 , Joseph F. Di Mento
Pepperdine Law Review
No abstract provided.
California Planning Law: Requirements For Low And Moderate Income Housing , C. Foster Knight
California Planning Law: Requirements For Low And Moderate Income Housing , C. Foster Knight
Pepperdine Law Review
No abstract provided.
The California Coastal Zone Conservation Act Of 1972: An Overview And Recent Developments, Bruce Tester
The California Coastal Zone Conservation Act Of 1972: An Overview And Recent Developments, Bruce Tester
Pepperdine Law Review
No abstract provided.
Nepa And Ceqa - Euphemistic Environmental Eunuchs?, Sonia Sonju Erickson
Nepa And Ceqa - Euphemistic Environmental Eunuchs?, Sonia Sonju Erickson
Pepperdine Law Review
No abstract provided.
Luncheon Address: Planning Decision Making - Balancing Legislative Restrictions, Modern Technology, Community Input, And Personal Objectives , Robert J. West
Luncheon Address: Planning Decision Making - Balancing Legislative Restrictions, Modern Technology, Community Input, And Personal Objectives , Robert J. West
Pepperdine Law Review
No abstract provided.
Subdivision Regulation: Political Armageddon Of Consumer, Property Owner And Environmental Rights , James E. Erickson
Subdivision Regulation: Political Armageddon Of Consumer, Property Owner And Environmental Rights , James E. Erickson
Pepperdine Law Review
No abstract provided.
Hagman's Hallucinations: Some Predictions About Planning Law In California , Donald G. Hagman
Hagman's Hallucinations: Some Predictions About Planning Law In California , Donald G. Hagman
Pepperdine Law Review
No abstract provided.
Legal Limits Of Government Land Use Regulation - An Expanding Concept , Roger A. Grable
Legal Limits Of Government Land Use Regulation - An Expanding Concept , Roger A. Grable
Pepperdine Law Review
No abstract provided.
The Future Of Eirs In Land Use Regulation , John M. Winters
The Future Of Eirs In Land Use Regulation , John M. Winters
Pepperdine Law Review
No abstract provided.
The Specific Plan In California: A Developing Concept For The Resolution Of Conflicts In Land Use, Lindell L. Marsh, Bruce G. Merritt
The Specific Plan In California: A Developing Concept For The Resolution Of Conflicts In Land Use, Lindell L. Marsh, Bruce G. Merritt
Pepperdine Law Review
No abstract provided.
A Positive Response To Growth Control Plans: The Orange County Inclusionary Housing Program, Linda J. Bozung
A Positive Response To Growth Control Plans: The Orange County Inclusionary Housing Program, Linda J. Bozung
Pepperdine Law Review
Affordable housing programs have been enacted throughout the state in response to the current critical housing shortage. They serve an essential function as an element of community growth control plans. This article focuses on the success of the Orange County affordable housing program. By utilizing a variety of means, such as density bonus plans, flexible regulations, and deed restrictions, the County has developed a plan which is not only successful but may also serve as a model for other local governments.
The California Environmental Quality Act (Ceqa) After Two Decades: Relevant Problems And Ideas For Necessary Reform, Sean Stuart Varner
The California Environmental Quality Act (Ceqa) After Two Decades: Relevant Problems And Ideas For Necessary Reform, Sean Stuart Varner
Pepperdine Law Review
No abstract provided.
Administrative Mandamus As A Prerequisite To Inverse Condemnation: "Healing" California's Confused Takings Law , Sharon L. Browne
Administrative Mandamus As A Prerequisite To Inverse Condemnation: "Healing" California's Confused Takings Law , Sharon L. Browne
Pepperdine Law Review
This article addresses and reviews the distinctions in purpose and scope between actions for inverse condemnation and petitions for administrative writs, traces the blending of these two very different instruments by the California courts, and shows how this policy has subverted constitutional rights in California.
The Gray Zone In The Power Of Local Municipalities: Where Zoning Authority Clashes With State Law, Skye L. Daley
The Gray Zone In The Power Of Local Municipalities: Where Zoning Authority Clashes With State Law, Skye L. Daley
The Journal of Business, Entrepreneurship & the Law
This article will explore the oft-overlooked area of police powers granted to local municipalities by the California Constitution through the lens of marijuana dispensaries. These dispensaries, and the obstacles they face, provide the perfect vantage point from which to survey the current status of zoning power in California. This article will consider the extent and limits of what is known as the “police powers” of local municipalities: the power of cities, towns and counties to regulate, restrict, and proscribe the way in which land can be utilized within its borders. If local municipalities are the creation of the state--indeed, an …
Measure 37 And A Spoonful Of Kelo: A Recipe For Property Rights Activists At The Ballot Box, Patricia E. Salkin, Amy Lavine
Measure 37 And A Spoonful Of Kelo: A Recipe For Property Rights Activists At The Ballot Box, Patricia E. Salkin, Amy Lavine
Patricia E. Salkin
No abstract provided.
Can You Hear Me Up There? Giving Voice To Local Communities Imperative For Achieving Sustainability, Patricia E. Salkin
Can You Hear Me Up There? Giving Voice To Local Communities Imperative For Achieving Sustainability, Patricia E. Salkin
Patricia E. Salkin
Sustainable development is an international challenge that demands attention at all levels of government. The calls to action to achieve sustainability have varied over the last few decades. For example, in the 1970s and 1980s attention was focused on the need for environmental review and growth management strategies. In the 1990s the rhetoric shifted to smart growth and livable communities, and today, the issue has been reframed as advocates view sustainability through the lens of global warming and climate change. Regardless of the nomenclature, however, the end game is the same. While the United States as a whole speaks through …