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Articles 1 - 30 of 31
Full-Text Articles in Law
Who Should Protect The Forest: Conservation Easements In The Forest Legacy Program, Jessica Owley, Stephen J. Tulowiecki
Who Should Protect The Forest: Conservation Easements In The Forest Legacy Program, Jessica Owley, Stephen J. Tulowiecki
Jessica Owley
No abstract provided.
Preservation Is A Flawed Mitigation Strategy, Jessica Owley
Preservation Is A Flawed Mitigation Strategy, Jessica Owley
Jessica Owley
The objective of the Clean Water Act is to restore and maintain the chemical, physical, and biological integrity of the nation’s waters. To help achieve that objective, the Clean Water Act limits the ability to dredge or fill a wetland. To do so, one must first obtain a section 404 permit. These permits, which are issued by the Army Corps of Engineers (“Corps”) with coordination and oversight from the Environmental Protection Agency (EPA), require project proponents to avoid, minimize, and compensate the harms of any wetland destruction or modification. Compensatory mitigation is a troubling concept in wetlands regulation because it …
Foreword, Emma Garrison, Jessica Owley
Foreword, Emma Garrison, Jessica Owley
Jessica Owley
This is an introduction to the fifth Annual Review of Environmental and Natural Resources Law, providing brief explanations and analyses of cases and changes in environmental law in 2003.
Cultural Heritage Conservation Easements: The Problem Of Using Property Law Tools For Heritage Protection, Jessica Owley
Cultural Heritage Conservation Easements: The Problem Of Using Property Law Tools For Heritage Protection, Jessica Owley
Jessica Owley
Conservation easements are quickly becoming a favored tool for protection of cultural heritage. Perpetual encumbrances on the use of private land, most cultural heritage conservation easements are held by private conservation organizations known as land trusts. With minimal public oversight, land trusts decide which lands to protect in perpetuity and what the rules regarding use of those lands should be. A variety of concerns arise when protection of cultural heritage resides with private organizations. First, as governments abdicate cultural heritage protection to private organizations, the public’s role in site protection shifts. When private organizations and landowners negotiate which properties to …
Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman
Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman
Jessica Owley
No abstract provided.
Piney Run: The Permits Are Not What They Seem, Jessica Owley
Piney Run: The Permits Are Not What They Seem, Jessica Owley
Jessica Owley
In 2001, the Fourth Circuit addressed the permit shield provision of the Clean Water Act and found it to provide broad-scale protection for polluters. In Piney Run Preservation Association v. County Commissioners of Carroll County, the Fourth Circuit held that facilities with discharge permits are protected from lawsuits even when discharging pollutants not contained within their permits. Under this ruling, permit holders may discharge, without fear of penalty, any disclosed pollutant within the reasonable expectation of the permitting authority. This decision is worrisome because it does not protect the goals of the Clean Water Act and deprives the public of …
A Response To The Ipcc Fifth Assessment, Sarah J. Adams-Schoen, Deepa Badrinarayana, Cinnamon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Jessica Owley, Shannon M. Roesler, Jonathan Rosenbloom, Inara Scott, David Takacs
A Response To The Ipcc Fifth Assessment, Sarah J. Adams-Schoen, Deepa Badrinarayana, Cinnamon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Jessica Owley, Shannon M. Roesler, Jonathan Rosenbloom, Inara Scott, David Takacs
Jessica Owley
This collection of essays is the initial product of the second meeting of the Environmental Law Collaborative, a group of environmental law scholars that meet to discuss important and timely environmental issues. Here, the group provides an array of perspectives arising from the Fifth Assessment of the Intergovernmental Panel on Climate Change. Each scholar chose one passage from one of the IPCC’s three Summaries for Policymakers as a jumping-off point for exploring climate change issues and responding directly to the reports. The result is a variety of viewpoints on the future of how law relates to climate change, a result …
The "Public Uses" Of Eminent Domain: History And Policy, Errol E. Meidinger
The "Public Uses" Of Eminent Domain: History And Policy, Errol E. Meidinger
Errol Meidinger
This paper examines the effects and implications of the ‘public use’ requirement for the exercise of eminent domain in the United States. It is part of an ongoing inquiry the consequences of eminent domain in the United States. The first part examines the history of the public use requirement, both how the doctrine has been articulated and logically extended and what purposes have been accomplished under it. The second part of the paper is an analytic critique of the public use doctrine. After considering whether any principled standard can be developed to delimit the proper uses of eminent domain, it …
Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo
Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo
Muna B Ndulo
No abstract provided.
Environmental Control: Guide Or Roadblock To Land Development - A Symposium - Introduction, Donald W. Dowd
Environmental Control: Guide Or Roadblock To Land Development - A Symposium - Introduction, Donald W. Dowd
Donald W. Dowd
No abstract provided.
Introduction, G. Emlen Hall
Introduction, G. Emlen Hall
Federalism Cases In The October 2004 Term, Erwin Chemerinsky
Federalism Cases In The October 2004 Term, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
I Share, Therefore It's Mine, Donald J. Kochan
I Share, Therefore It's Mine, Donald J. Kochan
Donald J. Kochan
Suburbia, Gentrification And Jews, Michael Lewyn
Suburbia, Gentrification And Jews, Michael Lewyn
Michael E Lewyn
Insuring Takings Claims, Christopher Serkin
Insuring Takings Claims, Christopher Serkin
Christopher Serkin
Local governments typically insure themselves against all kinds of losses, from property damage to legal liability. For small- and medium-sized governments, this usually means purchasing insurance from private insurers or participating in municipal risk pools. Insurance for regulatory takings claims, however, is generally unavailable. This previously unnoticed gap in municipal insurance coverage could lead risk averse local governments to underregulate and underenforce existing regulations where property owners threaten to bring takings claims. This seemingly technical observation turns out to have profound implications for theoretical accounts of the Takings Clause that focus on government regulatory incentives. This Article explores the impact …
Health And Safety Overregulation, Michael Lewyn
Health And Safety Overregulation, Michael Lewyn
Michael E Lewyn
The Environmentalist Case For Sprawl- And Why It Fails, Michael Lewyn
The Environmentalist Case For Sprawl- And Why It Fails, Michael Lewyn
Michael E Lewyn
March-July 2017 Market Urbanism Posts, Michael Lewyn
March-July 2017 Market Urbanism Posts, Michael Lewyn
Michael E Lewyn
The Obama Administration's Parting Shot, Michael Lewyn
The Obama Administration's Parting Shot, Michael Lewyn
Michael E Lewyn
The Criminalization Of Walking, Michael Lewyn
The Criminalization Of Walking, Michael Lewyn
Michael E Lewyn
Robocar Risks, Michael Lewyn
Robocar Risks, Michael Lewyn
Michael E Lewyn
My Planetizen Blog Posts July-August 2017, Michael Lewyn
My Planetizen Blog Posts July-August 2017, Michael Lewyn
Michael E Lewyn
Jan-Feb. 2017 Market Urbanism Posts, Michael Lewyn
Jan-Feb. 2017 Market Urbanism Posts, Michael Lewyn
Michael E Lewyn
2007 Cnu Blog Posts, Michael Lewyn
2007 Cnu Blog Posts, Michael Lewyn
Michael E Lewyn
2015 Cnu Blog Posts, Michael Lewyn
2015 Cnu Blog Posts, Michael Lewyn
Michael E Lewyn
Attacking Smart Growth, Michael Lewyn
Attacking Smart Growth, Michael Lewyn
Michael E Lewyn
Does The Threat Of Gentrification Justify Restrictive Zoning?, Michael Lewyn
Does The Threat Of Gentrification Justify Restrictive Zoning?, Michael Lewyn
Michael E Lewyn
Planetizen Blog Posts September-December 2017, Michael Lewyn
Planetizen Blog Posts September-December 2017, Michael Lewyn
Michael E Lewyn
Planetizen.Com Blog Posts First Half Of 2017, Michael Lewyn