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When Super-Statutes Collide: CEQA, the Housing Accountability Act, and Tectonic Change in Land Use Law

Linda Gordon

June 23rd 2023

We hope this Article serves as a useful reminder that super-statutes aren’t super for all time. In 1970, in the wake of massive construction projects and rapid development across California, it was reasonable to believe that slowing construction down would help the environment. The foundational CEQA cases were decided accordingly. ...

Litigation & Liberation

Linda Gordon

June 23rd 2023

This Article argues that litigation, when deployed critically and strategically, can have important material and cultural benefits for social movements. The Cricket Hollow Zoo campaign vividly demonstrates litigation’s positive direct and indirect effects. At the same time, the case study illustrates some of the risks and limits of relying on ...

The Public Trust Doctrine: Regulatory Reform, Climate Disruption, and Unintended Consequences

Linda Gordon

June 23rd 2023

In 2021, Wisconsin’s supreme court rejected the notion that Act 21 alters the DNR’s broad and explicit statutory charge to act as a trustee of the state’s waters, as written into sections 281.11 and 281.12 of the Wisconsin Statutes. The interviews with Water Specialists and their supervisors demonstrate that these ...

Environmental Silver Bullets

Linda Gordon

June 23rd 2023

Going forward, both formal regulation and informal mechanisms are needed to create better accountability for large-scale environmental technology solutions. Despite the potential consequences, new technologies hold real promise for improving ecosystem health and environmental management globally. Many potential features could improve governance of these technologies, but it is essential that ...

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