Law Commons^™

Smart Growth: Intermunicipal Innovation In Orange County, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article tells the story of the town of Warwick, a rapidly developing town in Orange County, New York, made up of three separate villages. Warwick’s proactive measures to prevent the sprawl development phenomenon through the use of an intermunicipal compact was met with much opposition by the three individual village governments, as well as individual citizens. Through the use of mediation, a popular alternative resolution dispute method, representatives from the villages negotiated an intermunicpal plan that satisfied the needs all three villages, while still meeting the original objectives of preserving open space, scenic views, and agricultural lands.

Ocean Zoning For The Gulf Of Maine: A Background Paper, Fara Courtney, Jack Wiggin

Urban Harbors Institute Publications

Coastal and ocean management is a constantly evolving practice. For at least two decades, coastal communities around the world have been experimenting with new ways to control a multitude of activities in their urban and rural harbors. The number and diversity of Marine Protected Areas are growing, with an increasing focus on protecting integrated biological communities, rather than individual species of concern. The United States and Canada are each developing new, comprehensive ocean polices, looking to better integrate management functions at all levels of government.

All of these initiatives – from local to national - reflect some common truths about …

Environmental Law, Lisa Spickler Goodwin

University of Richmond Law Review

No abstract provided.

Real Estate And Land Use Law, John V. Cogbill Iii, D. Brennen Keene

University of Richmond Law Review

No abstract provided.

Federal Consistency In New Jersey, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

A discussion paper prepared as part of a focus group on the topic of Federal Consistency in New Jersey.

In 1972, the U. S. Congress passed the Coastal Zone Management Act (CZMA), designed to “preserve, protect, develop, and where possible, to restore and enhance the resources of the nation's coastal zone.” The CZMA encouraged coastal states to develop and implement comprehensive management programs that balance the need for coastal resource protection with the need for economic growth and development within the coastal zone.

In the latter portion of the 1970s New Jersey developed a coastal management plan that was fully …

Performance Zoning: Shaping Land Development Patterns Today, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Over thirty years ago The United States Court of Appeals upheld municipal efforts to control growth in the case Golden v. Ramapo. Since then, municipalities have come up with novel tools to harness development into sustainable patterns while mitigating damaging effects of sprawl. This article focuses on the renaissance of one popular land use device, performance zoning, and how the Town of Hyde Park uses this tool to promote growth in community centers and protect undeveloped areas.

The Extension Of Legal Rights To Animals Under A Caring Ethic: An Ecofeminist Exploration Of Steven Wise's Rattling The Cage, Katrina M. Albright

Natural Resources Journal

No abstract provided.

Reflexive Law As A Legal Paradigm For Sustainable Development, Sanford E. Gaines

Buffalo Environmental Law Journal

No abstract provided.

Sustainable Development And Air Quality: The Need To Replace Basic Technologies With Cleaner Alternatives, David M. Driesen

Buffalo Environmental Law Journal

No abstract provided.

Toward A National Sustainable Development Strategy, John C. Dernbach

Buffalo Environmental Law Journal

No abstract provided.

Visions Of History In The Hope For Sustainable Development, David A. Westbrook

Buffalo Environmental Law Journal

No abstract provided.

Silence Is Golden: The Case For Mandatory Disclosure Of Coastal Hazards And Land-Use Restrictions By Residential Sellers In North Carolina, David P. Hendricks

North Carolina Central Law Review

No abstract provided.

Congress Misses Twice With The Community Character Act: Will Three Times Be A Charm?, Patricia E. Salkin

Scholarly Works

No abstract provided.

Meridian Hill Park: The Making Of An American Neoclassical Landscape, Elizabeth Brabec

Landscape Architecture & Regional Planning Faculty Publication Series

The neoclassical design was the dominant design movement in landscape architecture at the turn of the last century, dictating the form and design of public parks for most of the first half of the twentieth century. Meridian Hill Park, located just north of the White ouse in Washington, DC, is considered the most ambitious neoclassical park ever conceived in the United States. The paper provides an overview of the design development of the park, illustrating how classical design precedents were used to create a contemporary neo-classical park.

Andrade Mesa Wetlands Of The All-American Canal, Osvel Hinojosa-Huerta, Pamela L. Nagler, Yamilett Carrillo-Guerrero, Enrique Zamora-Hernandez, Jaqueline Garcia-Hernandez, Francisco Zamora-Arroyo, Kara Gillon, Edward P. Glenn

Natural Resources Journal

No abstract provided.

Western Urban Water Demand, David S. Brookshire, H. Stuart Burness, Janie M. Chermak, Kate Krause

Natural Resources Journal

No abstract provided.

The Administration Of The Middle Rio Grande Basin: 1956-2002, Celina A. Jones

Natural Resources Journal

No abstract provided.

Preserving Monumental Landscapes Under The Antiquities Act, Christine A. Klein

UF Law Faculty Publications

This Article examines the Antiquities Act, a 1906 statute that delegates authority to the President to establish national monuments on federal lands for the protection of prehistoric structures and relics. This modest statute, originally a scant one page in length, has set off a century of intermittent controversy that its drafters could not have anticipated. Although Congress probably intended that the statute merely protect archaeological ruins from looting by treasure hunters, presidents quickly began to utilize the statute to preserve large natural landscapes -- ranging from President Theodore Roosevelt's establishment of the 800,000-acre Grand Canyon National Monument in 1908 to …

Baseline 2000 Background Report: The Status Of Integrated Coastal Management As An International Practice (Second Iteration), Jens Sorensen

Urban Harbors Institute Publications

The Coastal Zone Canada 2000 Conference occurred in Saint John, New Brunswick from September 17 to 22. All of the 600 registrants received a canvas packet that included four separately bound publications: the final conference program, the tradeshow program, Canadian Synopsis (a table of ICM efforts in Canada), and Baseline 2000.

The Coastal Zone Canada Association organized and administered the Conference as they had done for three previous Canadian based international CZ conferences (Victoria, British Columbia in 1998, Rimouski, Québec in 1996, and Halifax, Nova Scotia in 1994).

Two of the fundamental objectives of the Coastal Zone Canada Association (CZCA) …

'Golden' Anniversary: 30-Year-Old Decision Is Fabric Of Land Use Law, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The famous New York case of Golden v. Ramapo helped create the movement towards smart growth thirty years ago. Ramapo, like most other towns in New York struggled with the familiar quandary of how to balance the pressures of absorbing growth while still controlling urban sprawl. Ramapo’s solution, to greatly reduce development in its jurisdiction for eighteen years in order to research more efficient development methods, sparked much controversy with local land owners. The United States Court of Appeals, in one of New York’s most significant contributions to smart growth, upheld Ramapo’s plan and created a groundbreaking precedent still widely …

Weir River Area Of Critical Environmental Concern: Natural Resources Inventory, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

The Weir River Area of Critical Environmental Concern (ACEC) was designated by the Massachusetts Secretary of Environmental Affairs in 1986 in recognition of one of the largest and most productive salt marsh ecosystems in the Boston Harbor area. As an ACEC, the region is afforded additional attention and protection from state agencies in order to achieve the goals of designation--to restore, enhance, and manage the resources. The region was nominated by residents of the abutting communities of Hull, Hingham, and Cohasset who took the opportunity to call attention to the uniqueness of the environment and to their concerns that development …

A Historical Overview Of The Bumpass Cove Landfill Controversy, 1972-2002., Robert Clinton Marsh Iii

Electronic Theses and Dissertations

With the assistance of information collected by residents of Bumpass Cove, Tennessee Department of Public Health records, and interviews with residents and local health officials, this study provides a historical overview of the inception of Bumpass Cove Landfill, the resulting problems stemming from its misuse, and the reaction of a persistent community during the 1970s and early 1980s. In its early days, Bumpass Cove was an active and productive mining site; however, the area would become a threat to the local residents’ safety with the opening of Bumpass Cove Sanitary Landfill. Years of illegal hazardous waste land filling wreaked havoc …

Institutional Adaptation To Changing Risk Of Water Scarcity In The Lower Guadalquivir Basin, C. Giansante, M. Aguilar, L. Babiano, A. Garrido, A. Gomez, E. Iglesias, W. Lise, L. Moral, B. Pedregal

Natural Resources Journal

No abstract provided.

U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin

Scholarly Works

No abstract provided.

Defining The Pattern Of The Sustainable Urban Region - Development Of Regional Measurement Methods, Elizabeth Brabec, Geoffrey Mcd. Lewis

Elizabeth Brabec

To date, the debate on the sustainability of human settlements has focused on the urban portion of the land use pattern. Since urban areas rely on suburban, rural, and other less densely settled areas for their existence, these areas must be included in any sustainability assessment. This need for a regional view has resulted in a typology of regional form, which allows comparisons of relative sustainability between various regional land use patterns. Based on resource efficiency, this regional analysis includes measurements related to water, agricultural land, habitat, energy use, and transportation and identifies primary indicators for each category. Existing methods …

'Tahoe' Case: When Environmental Regulations Go 'Too Far', John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article reviews a recently decided United States Supreme Court case which held that a thirty-two month moratorium on development did not constitute a taking per se. The Court, building on logic from other recent decisions, found that moratoria are an effective land use tool, which prevent inefficient land development and consequently lead to increased land value. This article analyzes the court’s decision to hold that moratoria are never takings per se, instead holding that a court shall perform an ad hoc analysis to determine a moratorium’s constitutionality.

Euclid Lives: The Survival Of Progressive Jurisprudence, Charles M. Haara, Michael Allan Wolf

UF Law Faculty Publications

The Supreme Court's expanded use of regulatory takings is making a highly controversial and confusing concept more difficult to apply and defend. The Court and commentators are invited to explore a different approach-- Progressive jurisprudence, as represented by the Court's enduring opinion in Village of Euclid v. Ambler Realty Co . This Commentary examines the reinvigoration of the Takings Clause and, in historical and ideological terms, discusses the Progressiveness of Euclid and of the regulatory scheme the Euclid Court approved. Professors Haar and Wolf identify and explore five inquiries concerning the character of regulations affecting the use, ownership, and value …

Impervious Surfaces And Water Quality: A Review Of Current Literature And Its Implications For Watershed Planning, Elizabeth Brabec

Elizabeth Brabec

Impervious surfaces have for many years been recognized as an indicator of the intensity of the urban environment and, with the advent of urban sprawl, they have become a key issue in habitat health. Although a considerable amount of research has been done to define impervious thresholds for water quality degradation, there are a number of flaws in the assumptions and methodologies used. Given refinement of the methodology, accurate and usable parameters for preventative watershed planning can be developed, which include impervious surface thresholds and a balance between pervious and impervious surfaces within a watershed.

Accountability Conceptions And Federalism Tales: Disney's Wonderful World?, William W. Buzbee

Michigan Law Review

Richard Foglesong's Married to the Mouse: Walt Disney World and Orlando, may not offer the thrills of an entertainment park, but it is an uncommonly good read. In a book focused on approximately four decades of Disney's interactions with Orlando and state officials, political scientist Foglesong tells the tale of how Walt Disney ended up locating his new East Coast entertainment park in Orlando, Florida and what happened in subsequent government-Disney company interactions. Using chapter headings based on stages in a personal relationship's progression ("Serendipity" to "Seduction" through "Marriage," and ultimately, after interim stages, "Therapy"), Foglesong shows that while the …

Collaborating On Environmental Conservation, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Development law, local laws and policy that influence private land developers to appropriately develop land, affect the concerns of several groups including, private developers, municipalities, and environmentalists. By promoting environmental principles and revoking local regulatory obstacles, local governments can help encourage cooperation among these groups. This article highlights the success many New York communities have experienced in accommodating population growth while still reducing taxes and providing protection for the natural environment.