I've been asked by the American Bar Association's Section on State and Local Government Law to moderate a continuing legal education teleconference on the McDonald v. City of Chicago case. It will occur on Feb. 25, 2010 at 1:30 p.m. Eastern. Announcement and signup are available on the ABA website, here. My resource page on
2009
Kuilima Oral Arguments Recording Available
Kuilima Oral Arguments – Live Coverage
The Hawaii Supreme Court is hearing oral arguments in the case of Unite Here! Local 5 v. City and County of Honolulu. Special thanks to my partner and fellow blogger Robert Thomas for the briefs and decision below.
Disclosure: I represented a party to this case in the trial court, but it is not a party to…
White House Ocean Policy Task Force Releases Framework for Spatial Planning
News Flash – the Executive Office of the President’s Council on Environmental Quality just published the Ocean Policy Task Force’s Interim Framework for Effective Coastal and Marine Spatial Planning.
The White House Press Release is here. The interim framework is available download here. Per the release:
The Interim Framework includes a number of important provisions that would significantly overhaul the Federal government’s approach to coastal and marine planning, including:
· A New Approach to How We Use and Protect the Ocean, Coast, and Great Lakes. The Interim Framework is designed to: decrease user conflicts; improve planning and regulatory efficiencies and decrease their associated costs and delays; and preserve critical ecosystem function and services. The Interim Framework describes how such plans would be developed and implemented, and provides timeframes and steps for phased implementation of the framework.
· Moves us Away From Sector-by-Sector and Statute-by-Statute Decision-Making. While many existing permitting processes include aspects of coordinated planning, most focus solely on a limited range of management tools and outcomes (e.g., oil and gas leases, fishery management plans, and marine protected areas). Comprehensive marine spatial spatial planning presents a more integrated, comprehensive, ecosystem-based, flexible, and proactive approach to planning and managing uses and activities.
· Brings Federal, State, and Tribal Partners Together in an Unprecedented Manner to Jointly Plan for the Future. The Interim Framework is not a top-down planning effort. Rather, it describes a new approach to Federal resource planning that is regionally based and developed cooperatively among Federal, State, tribal, and local authorities, and regional governance structures, through the establishment of nine regional planning bodies.
· Places Science-Based Information at the Heart of Decision-Making: Scientific data, information and knowledge, as well as relevant traditional knowledge, will be the underpinning of the regionally developed plans.
· Emphasizes Stakeholder and Public Participation: The planning process would be fully transparent and participatory – requiring frequent and robust stakeholder engagement throughout all steps of the process (i.e., development, adoption, implementation, adaptation and evaluation).
The Task Force’s Interim Framework is now available for a 60-day public review and comment period. After the close of the comment period on the Interim Framework, the Task Force will finalize its recommendations in both this report and the September 10, 2009 Interim Report, and provide a final report to the President in early 2010.
Kuilima EIS Case – Oral Arguments – Live Blog!
The Hawaii Supreme Court will be hearing the case of Unite Here! Local 5 v. City and County of Honolulu on December 17, 2009 at 9:00 a.m. Since my fellow blogger Robert Thomas is out of town, I am gearing up for my maiden attempt at a live blog. Stay tuned.
Background materials is available…
First Annual Hawaii Chapter Federal Bar Assn Conference
Yesterday, I attended the Hawaii Chapter of the Federal Bar Association's first annual conference at the Royal Hawaiian Hotel.
The conference began with a Supreme Court Review by former Stanford Law School Dean Kathleen Sullivan and the Honorable William A. Fletcher of the Ninth Circuit. They discussed the 2008-2009 Term of the U.S. Supreme Court…
McDonald v. Chicago – New Op-Ed in Washington Times
I was initially intrigued by the prospect that a newspaper would grasp the implications of the McDonald v. Chicago case beyond gun rights. Then, I noticed it was an Op-Edwritten by authors of an amicus brief.
Nevertheless, the piece is interesting because it does raise the what-if concerns if the Supreme Court overturns the…
Do Lines Drawn in the Sand Matter? The Fifth Amendment says…yes
Full Disclosure: I like the beach.
Ironic that on the day the U.S. Supreme Court is reviewing a Florida Supreme Court's decision to regarding a beachfront property owner's property rights (see Robert Thomas' comprehensive coverage of the case and our amicus brief here), I come across an article regarding Hawaii's beaches and a dispute relating…
Update: McDonald v. City of Chicago Case – New Briefs and Blogosphere Reaction
On the McDonald v. City of Chicago Privileges or Immunities Clause case, I have updated my resource page here with the amicus briefs filed to date and some recent posts from the Blogosphere. The Supreme Court has set the case for argument on March 2, 2010 at 10:00 a.m.
Stay tuned.
Maui County Considers Regulation of Aquarium Fish Harvest
First shark feeding and now aquarium fish, Maui County is on a tear to regulate ocean activities.
Per the Maui News, a bill has been introduced to regulate the harvest of reef fish. Per the article:
Molina’s bill would do the following to require the humane treatment of aquarium fish:
* Prohibit many industry practices, including withholding food for more than 12 hours; deflating the swim bladder; trimming the spine or fins; exposure to air; and temperature changes of more than 2 degrees.
* Include causing the death of fish as being an inhumane treatment of aquatic life.
* Require documentation of mortality rates and disposal methods of dead fish.
* Provide that violations would be a misdemeanor with a fine between $500 and $2,000 and up to a year in jail.
I have heard discussions about the unregulated aspects of this industry and the negative impacts of the harvest of aquarium fish. One issue is that this bill could (I have not found a copy of the bill yet) be superceded by superior state law. A problem that the Maui County Corporation Counsel acknowledges in its memorandum on this issue. (Memo here).
Stay tuned.