Posts Tagged ‘land use and zoning’

Environment roundup

  • “The river can’t stop people from throwing hooks in it, which seems like an important right for a legal person to have” [Lowering the Bar] “Just days after New Zealand declared the Whanganui River a legal person, the world’s population of river people (not people who live on the river, but rivers who are people) tripled, when a court in India waved its judicial wand and transformed the Ganges and Yamuna rivers” [same, follow-up]
  • One way to make Vladimir Putin unhappy: support legal fracking in U.S. [Eric Roston, Bloomberg]
  • Stadium subsidies for the Patagonia set: outdoor gear makers push federal Western land grabs [Terry Anderson]
  • Washington Post account of Wyoming rancher Clean Water case might deserve a Pinocchio or two of its own [Jonathan Wood]
  • “When should the federal government own land?” [Tyler Cowen]
  • Missed this 2014 Los Angeles Times investigation into the story behind a federal raid on pot-hunters in the rural Southwest [“A Sting in the Desert“]

Murr v. Wisconsin: is taking a sub-parcel of land compensable?

On Monday the Supreme Court heard oral argument in the case of Murr v. Wisconsin, a case over whether Wisconsin should have to pay for a partial taking of land:

Joseph Murr and his siblings own two side-by-side lakeside lots, one with a recreational cabin and the other left vacant as an investment. Due to land-use restrictions, they allege that Wisconsin has “taken” the vacant lot, which would require the state to pay just compensation under the Fifth Amendment’s Takings Clause. Wisconsin courts rejected this claim by considering the economic use of the two lots combined. The Murr case thus asks how courts should define the “relevant parcel” of land when evaluating regulatory takings. Cato filed a brief in this case, arguing that current regulatory-takings jurisprudence is unclear and puts a thumb on the scale for the government. Another amicus brief, filed by Nevada and eight other states and co-authored by Ilya Somin, argues that the Wisconsin court’s rule “creates significant perverse incentives for both landowners and regulators.”

Last Friday Cato held a panel discussion on the case, introduced by Todd Gaziano of Pacific Legal Foundation, with Roger Pilon of Cato, Michael Pappas of the University of Maryland, and Ilya Somin, Scalia/George Mason Law School, with Cato’s Ilya Shapiro moderating. On Monday the Wall Street Journal published Roger Pilon’s opinion piece on the case. More: Ilya Somin, Rick Hills.

Environment roundup

  • How regulators dismiss economists’ advice: the case of CAFE fuel economy regs [David Henderson]
  • Other auto manufacturers appear to have an emissions cheating problem, raise your hand if you’re surprised [Coyote]
  • “You can end up getting a platinum LEED certification and still have the highest energy consumption density in the city of Chicago, as it turns out.” [same, sequel]
  • “The Disconnect Between Liberal Aspirations And Liberal Housing Policy Is Killing Coastal U.S. Cities” [Shane D. Phillips] “California Housing Crunch Prompts Push to Allow Building” [Chris Kirkham, WSJ]
  • Tyler Cowen takes a look at the stream protection rule;
  • Well, natch: staff of New York Attorney General Eric Schneiderman was in touch with Rockefeller Family Fund campaigners before he launched climate advocacy subpoenas [New York Post]

Environment roundup

  • “Rockefeller Foundations Enlist Journalism in ‘Moral’ Crusade Against ExxonMobil” [Ken Silverstein] Massachusetts was using courts to investigate heretics back before the oil industry was even whale oil [Reuters on subpoena ruling] Washington Post shouldn’t have run Sen. Sheldon Whitehouse (D-R.I.) on climate politics without noting his brutal efforts to subpoena/silence opponents on that topic;
  • “Should you go to jail if you can’t recognize every endangered species?” [Jonathan Wood]
  • Sandy Ikeda reviews Robert H. Nelson, Private Neighborhoods and the Transformation of Local Government [Market Urbanism]
  • D.C. Circuit shouldn’t let EPA get away again with ignoring cost of power plant regs [Andrew Grossman on Cato amicus brief]
  • Under what circumstances should libertarians be willing to live with eminent domain in the construction of energy pipelines? [Ilya Somin and earlier] Economic benefits of fracking are $3.5 trillion, according to new study [Erik Gilje, Robert Ready, and Nikolai Roussanov, NBER via Tyler Cowen]
  • “Dramatically simpler than the old code…[drops] mandates for large amounts of parking.” Buffalo rethinks zoning [Aaron Renn, City Journal] Arnold Kling on California’s housing shortage; John Cochrane on an encouraging Jason Furman op-ed; “Zoning: America’s Local Version Of Crony Capitalism” [Scott Beyer]

Environment roundup

  • YIMBY (Yes In My Back Yard) movement in San Francisco, other cities says build more housing to tame housing costs [Alex Tabarrok] Zoning laws sometimes respond to tiny-house movement, and sometimes don’t [Curbed]
  • Federalist Society convention panel on Justice Scalia’s property rights jurisprudence with John Echeverria, James W. Ely, Jr., Roderick Hills, Jr., Adam Laxalt, Ilya Somin, Judge Allison Eid moderating;
  • Your regulated residence: “Santa Monica Moves to Make All New Homes Net-Zero Energy” [Mental Floss]
  • “King County, Washington, Caught Digging Through Residents’ Trash” [Christian Britschgi/Reason; see also on Seattle composting regulations]
  • “EPA to big cities: Stop killing rats with dry ice” [Aamer Madhani, USA Today]
  • “Policing for profit in private environmental enforcement” [Jonathan Wood; Clean Water Act citizen suits]

Environment roundup

  • Major new Proposition 65 regs spell plenty of new compliance and litigation issues for those doing business in California [Cal Biz Lit, first post in series]
  • For-the-kids federal climate lawsuit on “public trust” theory represents, among other things, giving up on democratic persuasion [Ian Adams, R Street, to which might be added that lawsuits pretending to represent the future interests of children in general act as power transfers to lawyers and the judiciary] A different view: David Bailey and David Bookbinder, Niskanen Center;
  • “Why Don’t We Allow Markets to Dictate Parking Policy?” [Ike Brannon, Cato]
  • “Once, protesters threatened to burn Bryson and his family in their home.” [Billings Gazette on Standing Rock standoff; Radley Balko on a prosecutor who might be blurring sympathetic coverage of protests with legal responsibility for them; Shawn McCoy/Inside Sources pushes back against popular narratives on Dakota Access Pipeline]
  • Think our law-based eminent domain system has problems? In Brazil, where poor favelas often lack formal land titling, compulsory public acquisition of land can play out as a matter of discretion [Gregory Dolin and Irina Manta, SSRN]
  • Obama administration plans for drastically more severe fuel efficiency standards are prime target for early rollback [Ronald Bailey]

Environment roundup

Environment roundup

  • Finally, some progress? White House releases “Housing Development Toolkit” urging local policymakers to expand by-right development, accessory dwelling units, pro-density rezoning [Jonathan Coppage, Washington Post; Vanessa Brown Calder, Cato]
  • And see related: “Parking Requirements Increase Traffic And Rents. Let’s Abolish Them.” [Brent Gaisford, Market Urbanism] “America’s Ugly Strip Malls Were Caused By Government Regulation” [Scott Beyer]
  • And yet more, stranded in Seattle: “Micro-Housing, Meet Modern Zoning” [Vanessa Brown Calder, Cato]
  • California: “Coastal Commission Abuse Smacked Down by Court” [Steven Greenhut]
  • “If firms refused to take direction, FDR ordered many of them seized.” For climate change advocate Bill McKibben, RICO-for-deniers is only the start [New Republic] Fan at New York Times eyeing McKibben to win Nobel [Timothy Egan]
  • “Midnight Monuments: The Antiquities Act and the Executive Authority to Designate National Monuments” [Federalist Society podcast with Donald Kochan and Charles Wilkinson]

Environment roundup

  • Didn’t realize former Massachusetts Gov. Bill Weld had written a novel sympathetic to the persons displaced by one of the great eminent domain binges, the 1930s creation of Quabbin Reservoir (“Stillwater,” background) And down in Virginia: “Sixty years ago they were evicted from the Blue Ridge to make way for Shenandoah National Park. But the refugees haven’t forgotten their lost mountain homes.” [Eddie Dean, Washington City Paper]
  • Tokyo’s wide-open policy on development is one reason its house prices have not skyrocketed despite rising population [Alex Tabarrok, more, contrast with cities like Delhi and Mumbai]
  • “Chevron Paves The Way For Corporations To Fight ‘Shakedown Lawsuits'” [John Shu, Investors Business Daily, related editorial drawing FedEx and SEIU parallels] More: Roger Parloff and Michael Krauss on Canadian enforcement action in ongoing Ecuador dispute;
  • “The Environmental Lightning Rod Known as Fracking” [Ned Mamula, Cato]
  • Massachusetts voters in November will face ballot measure sharply restricting methods of handling a host of livestock animals [Baylen Linnekin]
  • Do woodpiles attract termites? Chamber backs Flower Mound, Tex. man facing billions in fines for storing wood [Dallas News, earlier]