Land use law

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Yesterday, the Supreme Court heard oral arguments in Sackett v. EPA, No. 10-1062 (transcript here). We were going to write up our thoughts, but minds immeasurably better than ours beat us to it. Concensus seems to be that the EPA is going to get smacked, but we can’t tell yet how hard. Our review of the transcript leads us to the same conclusion, but we’ve learned never to count chickens before their anticipated hatch date, so will reserve judgment.

  • SCOTUSblog: A weak defense of EPA – “With a federal government lawyer conceding almost every criticism leveled at the way the U.S. Environmental Protection Agency compels landowners to avoid polluting the nation’s waterways, the Supreme Court on Monday seemed well on its way toward finding some way to curb that agency’s enforcement powers.”

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Continue Reading Sackett v. EPA Oral Argument Round Up

Trumped

Following up on the success of last week’s screenings of Battle for Brooklyn comes another documentary about “sports vs homes,” this time with an environmental twist.

Come join us this Friday, January 13, 2012 at 7:30 p.m. for the Hawaii premiere of “You’ve Been Trumped” at the Doris Duke Theater at the Honolulu Academy of Arts. There is a pre-screening reception from 6:00 – 7:30, so please come early.

In this controversial David-and-Goliath story, a group of Scottish homeowners take on Donald Trump as he sets out to build the world’s most luxurious golf resort on one of Scotland’s last wilderness areas. When the Scottish government overturns their own environmental laws to greenlight the project, the stage is set for an extraordinary summer of discontent.

Winner: Victor Rabinowitz and Joanne Grant Award for Social Justice, Hamptons International Film Festival.

I will post my review shortly.

I will be…

Continue Reading Hawaii Premiere: “You’ve Been Trumped” – Friday, January 13, 2012

The transcript from today’s arguments in Sackett v. EPA, No. 10-1062. Justice Alito, quoted above (p. 37) was an active questioner. More to come after we’ve read the transcript. Disclosure: Pacific Legal Foundation represents the petitioners; I do PLF’s work in Hawaii. Continue Reading Sackett v. EPA Transcript: “Don’t you think most ordinary homeonwers would say this kind of thing can’t happen in the United States?”

12.WATHIThere is still time to join us for the upcoming Hawaii Water Law conference, to be held in Honolulu on January 11, 2012. I am the planning co-chair along with Jesse Souki, Director of the State of Hawaii Office of Planning.

In addition to Jesse and me, we’ve assembled a diverse and talented faculty: UH lawprof David Callies will speak with Elijah Yip (Cades) on the latest developments in water law and public trust litigation. State Water Commissioner Lawrence Miike will update us on the latest goings-on at the Commission. My Damon Key partner Greg Kugle is speaking with Leo Asuncion, the Manager of the Coastal Zone Management Program at the State Office of Planning on coastal issues.

After lunch, we have a special guest, Ed Thomas (a lawyer and President of the National Hazard Mitigation Association, and a nationaly known expert in floodplain management and…

Continue Reading Hawaii Water Law Conference (Jan. 11, 2012)

Here’s what we’re reading today:

  • Blight barons of redevelopment plot comeback – Steven Greenhut (O.C. Register): “As of February, anyway, redevelopment is dead in California, the victim of an absurdly arrogant legal and political strategy pursued by redevelopment’s chief defenders. This is wonderful news, made even better by the teeth-gnashing of public officials who have routinely abused their powers under redevelopment law. Cry me a river. But before I gloat too much, we need to remember that this victory already resembles one of those cheap horror movies where the Evil Thing has been vanquished, and all appears well, then its hand pokes out from the grave just as the credits begin.”
  • RDA Timeline: Hatchet to Fall Feb. 1 – via California Planning & Development Report: “State senators Alex Padilla and Luis Alejo have reportedly introduced Senate Bill 659, which would extend the deadline for agencies’ dissolution for several

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Continue Reading Redevelopment Developments

California followers: be sure to register and join in on Wednesday, January 4, 2012, starting at 2:00 p.m. PST as Rick Rayl, Brad Kuhn (California Eminent Domain Report) and their firm colleagues present a webinar, “Supreme Court Upholds Elimination of Redevelopment in California – Now What?“

This, of course, refers to last week’s California Supreme Court decision upholding the state legislature’s wipeout of the 400+ redevelopment agencies in California. Join in and find out “now what,” and what happens next.

Details here. Continue Reading California Redevelopment Alert: Free Webinar, Wednesday, Jan. 4, 2012

Battle for Brooklyn film poster

Today was the Hawaii premiere of Battle For Brooklyn, the Oscar-shortlisted documentary film about the Atlantic Yards case. We’re introducing the film and conducting a question-and-answer session after each showing.

Screening information: Tuesday and Wednesday, January 3 and 4, at 1:00 p.m. and 7:30 p.m. each day at the Doris Duke Theater. More information (and ticket purchase) from the Academy of Arts web site here.

Battle-for-brooklyn-flyer

Today’s two screenings were followed by lively questions from the audience. Here are links to the key posts on the case, in the event you want to find out more:

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Continue Reading Hawaii Premiere Of “Battle for Brooklyn” – Oscar-Contending Docfilm Of Atlantic Yards Eminent Domain Fight

Today’s 6-1 California Supreme Court opinion in California Redevelopment Association v. Matosantos, No. S194861 (Dec. 29, 2011) brings to mind two of our favorite loanwords: schadenfreude (deriving pleasure from the misfortune of others) and schlimmbesserung (to worsen by improvement).

The first because we can’t say we’re crying much about the takedown of California redevelopment agencies, which are collectively probably the largest abusers of eminent domain in the state, and the second because the track record of these agencies in actually accomplishing their stated goals of economic development is woefully sparse.

As we noted here, in Matosantos, the court concluded the state legislature could eliminate redevelopment agencies without violating the California Constitution. While this is a significant victory for property rights advocates, we won’t be counting our chickens just yet. Here are a few things to keep in mind:

  • The California Supreme Court did not drive a stake

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Continue Reading Schadenfreude, Schlimmbesserung, And The California Supreme Court’s Redevelopment Ruling

As we noted earlier today (“Cal Supreme Court “Redevelops” Redevelopment Agencies“), the California Supreme Court has dealt a stunning blow to the redevelopment-industrial compex in California. Here’s more from media outlets and legal commentators:

  • Governor Jerry Brown issues his shortest press release, ever: “Today’s ruling by the California Supreme Court validates a key component of the state budget and guarantees more than a billion dollars of ongoing funding for schools and public safety.” No call for “excessive celebration” for that one. But you know he’s doing an end-zone dance right about now.

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Continue Reading California Redevelopment Round Up

In what can only be considered a major takedown of the redevelopment game, the California Supreme Court in a 6-1 opinion (Chief Justice Cantil-Sakauye concurring and dissenting), held that the state legislature could eliminate redevelopment agencies without violating the California Constitution. What the lege giveth, the lege may taketh away. It upheld the statute dissolving redevelopment agencies. California Redevelopment Association v. Matosantos, No. S194861 (Dec. 29, 2011).

In an interesting twist, however, the court invalidated the companion statute by which the legislature allowed the redevelopment agencies to continue to exist if they paid into a state fund benefitting schools and special districts. End result: snake eyes for the redevelopement agencies.

We summarize our conclusions concerning the constitutional landscape. The Legislature, pursuant to its plenary power to establish or dissolve local agencies and subdivisions as it sees fit, may, but need not, authorize redevelopment agencies. (Cal. Const., art. IV, §…

Continue Reading Cal Supreme Court “Redevelops” Redevelopment Agencies