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Full-Text Articles in Law
Green Amendments Land Use And Transportation: What Could Go Wrong?, Michael Lewyn
Green Amendments Land Use And Transportation: What Could Go Wrong?, Michael Lewyn
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Numerous states have amended their constitutions to include a green amendment (that is, an amendment providing that the state's citizens have a right to a healthy environment). Unfortunately, the vagueness of these amendments leaves an enormous amount of interpretative power to courts. This article examines how some courts have interpreted green amendments and how these interpretations risk the misuse of green amendments. Additionally, this article examines how such misuse may be avoided.
Commentary: Dan Mandelker—A Land-Use Legacy Unlike Any Other, Patricia E. Salkin
Commentary: Dan Mandelker—A Land-Use Legacy Unlike Any Other, Patricia E. Salkin
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It is an honor to share thoughts about the importance of Professor Daniel Mandelker’s legacy to the field of land-use and zoning law. The word “legacy” means, among other things, “something that is part of your history or that remains from an earlier time.” At ninety-two, he was the longest actively teaching land use law professor in the United States. His academic career began in 1949 when he was appointed an Assistant Professor at Drake Law School, with relatively short stints at the University of Indiana Law School and Columbia Law School, followed by his appointment at Washington University School …
Seqra And Infill, Michael Lewyn
Seqra And Infill, Michael Lewyn
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New York's State Environmental Quality Review Act (SEQRA) is designed to protect the environment by requiring government to consider the harmful environmental impacts of its actions. However, SEQRA itself may create environmental harm by discouraging infill development.
The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin
The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin
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This Article offers an examination of the federal role in land use planning and regulation set in the context of varying theories of federalism by presenting a historical and modern overview of the increasing federal influence in local land use planning and regulation, specifically highlighting how federal statutes and programs impact local municipal decision making in the area of land use planning. Part II provides a brief introduction into theories of federalism and their application to local land use regulation in the United States. Part III provides a brief overview of federal legislation in the United States which affected local …
Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin
Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin
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No abstract provided.
The Diligent Prosecution Bar To Citizen Suits: The Search For Adequate Representation, Peter A. Appel
The Diligent Prosecution Bar To Citizen Suits: The Search For Adequate Representation, Peter A. Appel
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To ensure that citizen suits assist but do not replace or overshadow government enforcement actions, all environmental statutes which authorize citizen suits bar such suits in certain circumstances. This short Article examines the relatively narrow but important problems created by one such bar, namely the statutory bar on a citizen suit if the federal or state government is “diligently prosecuting” an action against the same violator. The requirement that a governmental prosecution be diligent protects against two types of undesirable situations. On the one hand, the diligent prosecution bar prevents citizens from bringing simple “me too” actions. One would not …
A Reply To Professor Tobias, Peter A. Appel
A Reply To Professor Tobias, Peter A. Appel
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In his response to my article, Intervention in Public Law Litigation: The Environmental Paradigm, Professor Carl Tobias finds much to commend and much to criticize, and he offers a “friendly critique” of my article. I thank Professor Tobias for taking the time to respond to my article, and I hope that this response furthers the dialogue on this important subject.