Land Use Law Commons^™

The Disparate Impact Of The California Wildfires On Minority Communities: Exposing Environmental Injustice & Zoning Flaws, Jasmyn Hardin

University of Cincinnati Law Review

No abstract provided.

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

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

Marquette Law Review

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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.
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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

Sustainable Development Law & Policy

No abstract provided.

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

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

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

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

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

Pepperdine Law Review

No abstract provided.

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

Pepperdine Law Review

No abstract provided.

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

Pepperdine Law Review

No abstract provided.

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

Pepperdine Law Review

No abstract provided.

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

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

Pepperdine Law Review

No abstract provided.

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

Pepperdine Law Review

No abstract provided.

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 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 …

Slides: Second Thoughts About The Antiquities Act: Does The Process For Public Land Decisionmaking Have An Ethical Dimension?, James R. Rasband

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)

Presenter: James R. Rasband, Dean of the J. Reuben Clark Law School, Brigham Young University (Provo, UT)

32 slides

Slides: Celebrating Flpma: Land Use Planning At The Blm, Marcilynn Burke

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)

Presenter: Marcilynn Burke, BLM Deputy Director - Programs and Policy, U.S. Dept. of the Interior, (Washington, D.C.)

30 slides

Slides: Modifying Prior Appropriation: The Spectrum Of Experiences, Adam Schempp

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Adam Schempp, Environmental Law Institute, Washington, DC

12 slides

Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Lawrence J. MacDonnell, attorney and consultant, Boulder, CO

27 slides