Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Baltimore Law (11)
- Barry University School of Law (7)
- University of Georgia School of Law (6)
- University of Montana (6)
- University of New Mexico (6)
-
- Seattle University School of Law (3)
- Pace University (2)
- University of Kentucky (2)
- University of Michigan Law School (2)
- Cleveland State University (1)
- Louisiana State University Law Center (1)
- Loyola Marymount University and Loyola Law School (1)
- Maurer School of Law: Indiana University (1)
- Notre Dame Law School (1)
- SJ Quinney College of Law, University of Utah (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- Tuskegee University (1)
- University of Colorado Law School (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Washington School of Law (1)
- Western Michigan University (1)
- William & Mary Law School (1)
- Keyword
-
- Zoning (5)
- Environment (4)
- Maryland (4)
- Baltimore (3)
- Climate change (3)
-
- Land use (3)
- Pollution (3)
- Property (3)
- BLM (2)
- Bureau of Land Management (2)
- Coal (2)
- Destruction (2)
- EPA (2)
- Environmental Law (2)
- Environmental Protection Agency (2)
- Federal lands transfers (2)
- HUD (2)
- Land (2)
- NEPA (2)
- Planning (2)
- Racial bias (2)
- Seattle Journal for Environmental Law SJEL (2)
- Seattle University Law School (2)
- Symposium (2)
- Tax (2)
- USFS (2)
- 18th century (1)
- 2001 Roadless Rule (1)
- 2015 (1)
- AFFH (1)
- Publication
-
- University of Baltimore Journal of Land and Development (11)
- Environmental and Earth Law Journal (EELJ) (6)
- Georgia Journal of International & Comparative Law (6)
- Natural Resources Journal (5)
- Montana Law Review (3)
-
- Public Land & Resources Law Review (3)
- Michigan Journal of Environmental & Administrative Law (2)
- Pace Law Review (2)
- Seattle Journal of Environmental Law (2)
- American Indian Law Journal (1)
- Barry Law Review (1)
- Cleveland State Law Review (1)
- Indiana Law Journal (1)
- International Journal of African Development (1)
- Kentucky Journal of Equine, Agriculture, & Natural Resources Law (1)
- Kentucky Law Journal (1)
- Louisiana Law Review (1)
- Loyola of Los Angeles Law Review (1)
- Notre Dame Law Review Reflection (1)
- Professional Agricultural Workers Journal (1)
- Touro Law Review (1)
- University of Colorado Law Review (1)
- University of Maryland Law Journal of Race, Religion, Gender and Class (1)
- Utah Law Review (1)
- Washington Journal of Environmental Law & Policy (1)
- Water Matters! (1)
- William & Mary Environmental Law and Policy Review (1)
Articles 1 - 30 of 58
Full-Text Articles in Law
Agdaagux Tribe Of King Cove V. Jewell, Taylor R. Thompson
Agdaagux Tribe Of King Cove V. Jewell, Taylor R. Thompson
Public Land & Resources Law Review
In a lengthy opinion by the Alaska District Court, the battle for a proposed medical emergency road through the Izembek National Refuge stalled. The court held that the Department of the Interior’s No Action Alternative blocked the construction of the road was decided in accordance within the Department’s authority. It is not the end of the battle over the road, as the court alluded that Congress may be able to change this decision.
Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley
Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley
Michigan Journal of Environmental & Administrative Law
By 2030 the U.S. will lose around $520 billion annually from its gross domestic product due to flooding. New risks resulting from climate change arise not only from swelling rivers and lakes, but also from stormwater runoff. According to the World Bank, coastal cities risk flooding more from their poor management of surface water than they do from rising sea levels. Surface water liability governs when a landowner is responsible for diverting the flow of water to a neighboring parcel of land. Steep increases in urban flooding will make surface water an enormous source of litigation in the coming decades. …
Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore
Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore
Public Land & Resources Law Review
In Pit River Tribe v. Bureau of Land Management, the United States Court of Appeals for the Ninth Circuit explained the correct application of the zone of interests test and further solidified the importance of proper NEPA and NHPA analysis in geothermal leasing. The court reaffirmed that the BLM and the Forest Service must conduct additional cultural and environmental analysis when granting lease extensions under the Geothermal Steam Act. Furthermore, it rejected the BLM’s decision to grant forty-year lease continuations to unproven geothermal leases by treating them as a unit rather than individually.
Submerging Islands: Tuvalu And Kiribati As Case Studies Illustrating The Need For A Climate Refugee Treaty, Rana Balesh
Submerging Islands: Tuvalu And Kiribati As Case Studies Illustrating The Need For A Climate Refugee Treaty, Rana Balesh
Environmental and Earth Law Journal (EELJ)
Climate change will significantly impact vulnerable populations. Included in those populations are island indigenous peoples. Small island developing states are particularly vulnerable to the rise in seal level. Loss of territory due to rising sea levels is not the only problem however, infrastructure and food supplies are also at risk. As such, this article addresses the need for a comprehensive climate change refugee treaty using Tuvalu and Kiribati's circumstances to illustrate the situation.
Earthonomics: Balancing Between Earth And Business, Yazen Abdin
Earthonomics: Balancing Between Earth And Business, Yazen Abdin
Environmental and Earth Law Journal (EELJ)
Economists consistently fail to account that Earth has a finite amount of resources. This article analyzes the behavior of corporate America and the effect it has on the world form an Earth jurisprudence standpoint. It will explore twp specific industries, oil and food, and what role they have played in the environment's health. It also explores potential solutions.
Bombs And Babies: The Unfortunate Results Of Conversion Of A Military Defense Site To A Residential Neighborhood, Karen Zagrodny Consalo
Bombs And Babies: The Unfortunate Results Of Conversion Of A Military Defense Site To A Residential Neighborhood, Karen Zagrodny Consalo
Environmental and Earth Law Journal (EELJ)
There are over 9,000 Formerly Used Defense Sites in the United States. One of these sites, the Pine Castle Jeep Range, was located in what is now east Orlando. As a defense site during World War II, the area was intentionally bombarded with among other things, explosive and chemical bombs. Fifty years later, a population boom drew many to purchase their homes in the same area. This article examines the history of the Pine Castle Jeep Range and the issues resulting from subsequent increase in population. The author hopes this article will provide practical legal and technological advice for other …
Responding To The Great Work: The Role Of Earth Jurisprudence And Wild Law In The 21st Century, Dr. Michelle Maloney, Sister Pat Siemen Op, Jd
Responding To The Great Work: The Role Of Earth Jurisprudence And Wild Law In The 21st Century, Dr. Michelle Maloney, Sister Pat Siemen Op, Jd
Environmental and Earth Law Journal (EELJ)
In this lead article, the authors build on the idea that we do not need more environmental law in response to the deteriorating health of the natural world. Rather, they argue that what is needed are different approaches to managing human relationships with the earth. They argue that the burgeoning Earth jurisprudence movement offers a deep philosophical anchor and a range of practical and multi-disciplinary approaches necessary to create law reform and societal change that will better support the natural world and human societies than our current system. The authors will outline the origins and key elements of the Earth …
Barriers To Neighborhood Wildlife Habitats: Is Lawn Uniformity Worth Biodiversity Loss?, Sonya Cunningham
Barriers To Neighborhood Wildlife Habitats: Is Lawn Uniformity Worth Biodiversity Loss?, Sonya Cunningham
Environmental and Earth Law Journal (EELJ)
Local ordinances and covenants, conditions or restrictions (CCRs) usually create barriers to wildlife habitats in neighborhoods. Fortunately, it is possible under limited circumstances for a homeowner to have a wildlife habitat in their lawn. This comment will provide and overview of those limited circumstances, as well as provide steps to challenge the enforcement of ordinances and CCRs. In addition, this define and examine the concept of biodiversity and biodiversity loss.
Texas Colonias: Injustice By Definition, Caitlin Lewis
Texas Colonias: Injustice By Definition, Caitlin Lewis
Environmental and Earth Law Journal (EELJ)
Colonias are usually characterized as rural or semi-rural slums inhabited by Mexican-origin immigrants and Mexican Americans. This Comment examines the socioeconomic and environmental burdens faced by Texas colonias and the public and private attempts to address these hardships.
Zoning As Taxidermy: Neighborhood Conservation Districts And The Regulation Of Aesthetics, Anika S. Lemar
Zoning As Taxidermy: Neighborhood Conservation Districts And The Regulation Of Aesthetics, Anika S. Lemar
Indiana Law Journal
Over the last thirty years, municipalities across the country have embraced neighborhood conservation districts, regulations that impose design standards at the neighborhood level. Despite their adoption in thirty-five states, in municipalities from Boise to Cambridge, neighborhood conservation districts have evaded critical analysis by legal scholars. By regulating features such as architectural style, roof angle, and maximum eave overhang, conservation districts purport to protect “neighborhood character” or “cultural stability.” Implicit in these regulations is the unsupported assumption that the essential feature of a neighborhood’s character is its architectural design at a single point in time. The unfortunate result is zoning as …
Do You Know The Fair Market Value Of Your Property?: A Call To The Legislature To Revise Section 775.089, Florida Statutes, Governing Restitution, Adam M. Hapner
Barry Law Review
No abstract provided.
City Growth And Cooperation Along The United States/Mexican Border, Nora M. Tocups
City Growth And Cooperation Along The United States/Mexican Border, Nora M. Tocups
Georgia Journal of International & Comparative Law
No abstract provided.
Financing Urbanization In Developing Countries, Leslie Smith
Financing Urbanization In Developing Countries, Leslie Smith
Georgia Journal of International & Comparative Law
No abstract provided.
Housing The Urban Poor In Developing Countries: Selected Legal Issues In The Provision Of Serviced Land And Shelter, Bertis E. Downs Iv
Housing The Urban Poor In Developing Countries: Selected Legal Issues In The Provision Of Serviced Land And Shelter, Bertis E. Downs Iv
Georgia Journal of International & Comparative Law
No abstract provided.
Urbanization And Public Services, Fredric Stearns
Urbanization And Public Services, Fredric Stearns
Georgia Journal of International & Comparative Law
No abstract provided.
Symposium: Legal Issues And Urbanization In Developing Countries-Foreward, Georgia Journal Of International And Comparative Law
Symposium: Legal Issues And Urbanization In Developing Countries-Foreward, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
The Treaty For Amazonian Cooperation: A Bold New Instrument For Development, Georges D. Landau
The Treaty For Amazonian Cooperation: A Bold New Instrument For Development, Georges D. Landau
Georgia Journal of International & Comparative Law
No abstract provided.
High Country Conservation Advocates V. United States Forest Service, 52 F. Supp. 3d 1174 (D. Colo. 2014), Kathryn S. Ore
High Country Conservation Advocates V. United States Forest Service, 52 F. Supp. 3d 1174 (D. Colo. 2014), Kathryn S. Ore
Public Land & Resources Law Review
High Country Conservation Advocates v. United States Forest Service concerns the United States Forest Service’s and the Bureau of Land Management’s authorizations of on-the-ground mining exploration activities in the Sunset Roadless Area of western Colorado. The United States District Court for the District of Colorado’s holding has far-reaching consequences for federal agencies’ analysis and disclosure of impacts on the climate under the National Environmental Policy Act (“NEPA”). In addition to bolstering the Plaintiffs’ recent successes at establishing legal standing to challenge federal agencies’ disclosures and analyses of impacts on the climate under NEPA, High Country is the first case to …
To Transfer Or Not To Transfer, That Is The Question: An Analysis Of Public Lands Title In The West, Andrea Collins
To Transfer Or Not To Transfer, That Is The Question: An Analysis Of Public Lands Title In The West, Andrea Collins
Montana Law Review
No abstract provided.
Koontz V. St. Johns River Water Management District: The Constitutionality Of Monetary Exactions In Land Use Planning, John M. Newman
Koontz V. St. Johns River Water Management District: The Constitutionality Of Monetary Exactions In Land Use Planning, John M. Newman
Montana Law Review
No abstract provided.
Front Matter, Natural Resources Journal
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
Water 4.0: The Past, Present, And Future Of The World's Most Vital Resource By David Sedlak, Brian Smith
Water 4.0: The Past, Present, And Future Of The World's Most Vital Resource By David Sedlak, Brian Smith
Natural Resources Journal
No abstract provided.
Water Ethics: A Values Approach To Solving The Water Crisis By David Groenfelt, Robin James
Water Ethics: A Values Approach To Solving The Water Crisis By David Groenfelt, Robin James
Natural Resources Journal
No abstract provided.
Enduring Acequias: Wisdom Of The Land, Knowledge Of The Water By Juan Estevan Arellano, Bianca Smoker
Enduring Acequias: Wisdom Of The Land, Knowledge Of The Water By Juan Estevan Arellano, Bianca Smoker
Natural Resources Journal
No abstract provided.
Thicker Than Water: America’S Addiction To Cheap Flood Insurance, Jeffrey Valacer
Thicker Than Water: America’S Addiction To Cheap Flood Insurance, Jeffrey Valacer
Pace Law Review
This paper is broken down into three parts. Part I traces the history and evolution of flood insurance in the United States, including the establishment of federal flood insurance and key reforms over the 20th and 21st centuries. Part II discusses the 2012 flood insurance reform package, subsequent legal challenges to the reforms, and the government’s response to political pressure over the reform. Part III concludes discussing the continued need for flood insurance reform, especially in a world of rising sea levels and more frequent, stronger weather events.
Begone, Euclid!: Leasing Custom And Zoning Provision Engaging Retail Consumer Tastes And Technologies In Thriving Urban Centers, Michael N. Widener
Begone, Euclid!: Leasing Custom And Zoning Provision Engaging Retail Consumer Tastes And Technologies In Thriving Urban Centers, Michael N. Widener
Pace Law Review
Is urban center retailing in a death spiral? Competition for consumers with Internet vendors is afoot; winners and losers shall be anointed. The threats to physical retailing in an era of the “Internet of Goods” initially are described below. Adaptations by tenants, landlords, and stakeholders in urban centers will be required quickly, and new perspectives and partnerships, including those among local and regional governments, are instrumental if physical retail operations in municipal cores are to survive. The balance of this article describes these needs from the vantage point of each stakeholder; but this article argues that integrating information and communication …
Heir Property In The African American Community: From Promised Lands To Problem Lands, Roy W. Copeland
Heir Property In The African American Community: From Promised Lands To Problem Lands, Roy W. Copeland
Professional Agricultural Workers Journal
Abstract
African American landowners have been reluctant to take advantage of intergenerational succession laws which provide for an orderly transfer of property from one generation to the next. This reluctance has led to a prevalence of heir property. Heir property is created when a person dies intestate. Heir property has created an impediment to wealth accumulation and has contributed to African American land loss in America. Partition actions are a byproduct of heir property which has operated to accelerate the loss of real property in the African American community. The Uniform Partition of Heir Property Act provides for procedural safeguards …
Big Storms, Big Debt, And Biggery-Waters: Navigating Florida's Uncertain Flood Insurance Future, Loren M. Vasquez
Big Storms, Big Debt, And Biggery-Waters: Navigating Florida's Uncertain Flood Insurance Future, Loren M. Vasquez
Seattle Journal of Environmental Law
No abstract provided.
Can Sharks Be Saved? A Global Plan Of Action For Shark Conservation In The Regime Of The Convention On Migratory Species, James Kraska, Leo Chan Gaskins
Can Sharks Be Saved? A Global Plan Of Action For Shark Conservation In The Regime Of The Convention On Migratory Species, James Kraska, Leo Chan Gaskins
Seattle Journal of Environmental Law
Shark populations throughout the world are at grave risk; some spe-cies have declined by 95 percent. The most recent IUCN (Interna-tional Union for the Conservation of Nature) assessment by the Shark Specialist Group (SSG) found that one-fourth of shark and ray spe-cies face the prospect of extinction. This article proposes an engage-ment plan to accelerate efforts by states and international organiza-tions to conserve and protect sharks worldwide. Sharks are found throughout all of the world’s oceans, and collec-tively they occupy an indispensable niche as apex predators at the top of the ocean trophic ecosystem. These fish function as an im-portant …
A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan
A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan
Michigan Journal of Environmental & Administrative Law
Our land use control system operates across a variety of multidimensional and dynamic categories. Learning to navigate within and between these categories requires an appreciation for their interconnected, dynamic, and textured components and an awareness of alternative mechanisms for achieving one’s land use control preferences and one’s desired ends. Whether seeking to minimize controls as a property owner or attempting to place controls on the land uses of another, one should take time to understand the full ecology of the system. This Article looks at four broad categories of control: (1) no controls, or the state of nature; (2) judicial …