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Land Use Law

Selected Works

2017

Articles 1 - 30 of 32

Full-Text Articles in Law

Who Should Protect The Forest: Conservation Easements In The Forest Legacy Program, Jessica Owley, Stephen J. Tulowiecki Nov 2017

Who Should Protect The Forest: Conservation Easements In The Forest Legacy Program, Jessica Owley, Stephen J. Tulowiecki

Jessica Owley

No abstract provided.

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Preservation Is A Flawed Mitigation Strategy, Jessica Owley Nov 2017

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 …

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Foreword, Emma Garrison, Jessica Owley Nov 2017

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.

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Cultural Heritage Conservation Easements: The Problem Of Using Property Law Tools For Heritage Protection, Jessica Owley Nov 2017

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 …

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Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman Nov 2017

Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman

Jessica Owley

No abstract provided.

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Piney Run: The Permits Are Not What They Seem, Jessica Owley Nov 2017

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 …

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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 Nov 2017

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 …

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The "Public Uses" Of Eminent Domain: History And Policy, Errol E. Meidinger Nov 2017

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 …

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Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo Nov 2017

Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo

Muna B Ndulo

No abstract provided.

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Environmental Control: Guide Or Roadblock To Land Development - A Symposium - Introduction, Donald W. Dowd Jun 2017

Environmental Control: Guide Or Roadblock To Land Development - A Symposium - Introduction, Donald W. Dowd

Donald W. Dowd

No abstract provided.

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Powerpoint- Setback Speech, Michael Lewyn Jun 2017

Powerpoint- Setback Speech, Michael Lewyn

Michael E Lewyn

Setback regulations often require that all buildings be a certain amount of feet (usually about 25-50 feet from the street).  As a result of these zoning rules, all destinations outside the most urban areas have to place either parking or useless green spaces between the street and a store, office building or residence.
 
I argue that these regulations make walking more difficult, for four reasons.  First, pedestrians have to waste time walking through these empty spaces.  Second, walking through a sea of parking is simply no fun.  Pedestrians tend to enjoy shade and a sense of enclosure, so they …

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Introduction, G. Emlen Hall Jun 2017

Introduction, G. Emlen Hall

G Emlen Hall

No abstract provided.

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Introduction, G. Emlen Hall Jun 2017

Introduction, G. Emlen Hall

G Emlen Hall

No abstract provided.

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Federalism Cases In The October 2004 Term, Erwin Chemerinsky Jun 2017

Federalism Cases In The October 2004 Term, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.

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I Share, Therefore It's Mine, Donald J. Kochan Apr 2017

I Share, Therefore It's Mine, Donald J. Kochan

Donald J. Kochan

Uniquely interconnecting lessons from law, psychology, and economics, this article aims to provide a more enriched understanding of what it means to “share” property in the sharing economy. It explains that there is an “ownership prerequisite” to the sharing of property, drawing in part from the findings of research in the psychology of child development to show when and why children start to share. They do so only after developing what psychologists call “ownership understanding.” What the psychological research reveals, then, is that the property system is well suited to create recognizable and enforceable ownership norms that include the rights …

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Suburbia, Gentrification And Jews, Michael Lewyn Feb 2017

Suburbia, Gentrification And Jews, Michael Lewyn

Michael E Lewyn

Has the gentrification of recent decades arrested the 20th-century movement of Jews to suburbia? After reviewing Jewish population surveys, I conclude that in most cities, the Jewish intown population has increased modestly. I also discuss why some cities' Jewish populations are more suburbanized more than others.

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Insuring Takings Claims, Christopher Serkin Jan 2017

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 …

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Health And Safety Overregulation, Michael Lewyn Jan 2017

Health And Safety Overregulation, Michael Lewyn

Michael E Lewyn

Anti-jaywalking laws are designed to protect the safety of pedestrians. Similarly, police and child protection officials punish parents who allow their children to walk to school, in the name of child safety. This speech criticizes these policies and their justifications.

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The Environmentalist Case For Sprawl- And Why It Fails, Michael Lewyn Dec 2016

The Environmentalist Case For Sprawl- And Why It Fails, Michael Lewyn

Michael E Lewyn

Environmentalists generally favor compact, walkable development, because development that reduces automobile use may reduce automobile-related pollution. Defenders of suburban sprawl argue, however, that compact development may actually increase pollution in a variety of ways. This article criticizes the latter argument.,

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March-July 2017 Market Urbanism Posts, Michael Lewyn Dec 2016

March-July 2017 Market Urbanism Posts, Michael Lewyn

Michael E Lewyn

My blog posts from March to July 2017 at marketurbanism.com

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The Obama Administration's Parting Shot, Michael Lewyn Dec 2016

The Obama Administration's Parting Shot, Michael Lewyn

Michael E Lewyn

Discusses the "Housing Development Toolkit", a policy paper on affordable housing issued by the White House in September 2016.

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The Criminalization Of Walking, Michael Lewyn Dec 2016

The Criminalization Of Walking, Michael Lewyn

Michael E Lewyn

The simple act of walking is sometimes criminalized in the United States. Anti-jaywalking statutes and ordinances—originally motivated by auto-industry lobbyists in the 1920s—call for fines and, sometimes, imprisonment for crossing the street. Additionally, some localities have interpreted statutes against “child neglect” to encompass a parent’s decision to let their kid walk outside alone. The result of this criminalization? Such policies have reduced pedestrian liberty, increased automobile traffic and pollution, and created a disincentive for physical activity in the midst of an obesity and diabetes epidemic. In addition to discussing these effects, this Article argues that the purported safety benefits of …

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Robocar Risks, Michael Lewyn Dec 2016

Robocar Risks, Michael Lewyn

Michael E Lewyn

Suggests that policymakers should not widen roads or stringently enforce anti-jaywalking laws in order to accommodate autonomous vehicles.

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My Planetizen Blog Posts July-August 2017, Michael Lewyn Dec 2016

My Planetizen Blog Posts July-August 2017, Michael Lewyn

Michael E Lewyn

Blog posts reprinted from planetizen.com

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Jan-Feb. 2017 Market Urbanism Posts, Michael Lewyn Dec 2016

Jan-Feb. 2017 Market Urbanism Posts, Michael Lewyn

Michael E Lewyn

Blog posts at start of 2017 in marketurbanism.com

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2007 Cnu Blog Posts, Michael Lewyn Dec 2016

2007 Cnu Blog Posts, Michael Lewyn

Michael E Lewyn

The Congress for New Urbanism (cnu.org) once had a group blog that I contributed to. These are my 2007 posts, mostly about the 2007 CNU conference.

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2015 Cnu Blog Posts, Michael Lewyn Dec 2016

2015 Cnu Blog Posts, Michael Lewyn

Michael E Lewyn

My blog posts at the Congress for New Urbanism (cnu.org) website, obtained at archive.org. Unfortunately, a few posts (mostly from May) still have not been found.

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Attacking Smart Growth, Michael Lewyn Dec 2016

Attacking Smart Growth, Michael Lewyn

Michael E Lewyn

Review of The Human City, by Joel Kotkin

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Does The Threat Of Gentrification Justify Restrictive Zoning?, Michael Lewyn Dec 2016

Does The Threat Of Gentrification Justify Restrictive Zoning?, Michael Lewyn

Michael E Lewyn

Historically, progressives have opposed restrictive zoning, arguing that by restricting the housing supply to high-end housing, zoning reduces the supply of housing available to lower-income Americans. But recently, some progressives have suggested that new market-rate housing facilitates gentrification and displacement of lower-income renters. This article critically examines that theory.

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Planetizen Blog Posts September-December 2017, Michael Lewyn Dec 2016

Planetizen Blog Posts September-December 2017, Michael Lewyn

Michael E Lewyn

Blog posts related to public transit, housing costs, and other urban issues.

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