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Articles 1 - 20 of 20
Full-Text Articles in Law
Not Just Air Pollution: How The Clean Air Act Can Fix Zoning, Transportation, And Afforadable Housing, Nicholas D. Monck
Not Just Air Pollution: How The Clean Air Act Can Fix Zoning, Transportation, And Afforadable Housing, Nicholas D. Monck
University of Colorado Law Review Forum
The Clean Air Act of 1970 produced a revolution in environmental law. From its unique approach to federalism to its technology forcing provisions, it remains an innovative statute to this day. In light of the growing threat posed by climate change, federal administrators have worked to adapt its text to deal with greenhouse gasses and carbon emissions. Global warming, though, is not the only context in which the Clean Air Act (CAA) can be used in ways not originally intended. Although not meant as an urban planning law, the CAA’s Transportation Control Plans (TCPs) offer an opportunity to promote smarter …
Sharing Property, Kellen Zale
Sharing Property, Kellen Zale
University of Colorado Law Review
The sharing economy-the rapidly evolving sector of peer-topeer transactions epitomized by Airbnb and Uber-is the subject of heated debate about whether it is so novel that no laws apply, or whether the sharing economy should be subject to the same regulations as its analog counterparts. The debate has proved frustrating and controversial in large part because we lack a doctrinally cohesive and normatively satisfying way of talking about the underlying activities taking place in the sharing economy. In part, this is because property-sharing activities-renting your car out to a tourist for a day, paying to spend the weekend in a …
Property Rights In Water, Spectrum, And Minerals, Richard Epstein
Property Rights In Water, Spectrum, And Minerals, Richard Epstein
University of Colorado Law Review
No abstract provided.
Regulating Hydraulic Fracturing Through Land Use: State Preemption Prevails, Kevin J. Duffy
Regulating Hydraulic Fracturing Through Land Use: State Preemption Prevails, Kevin J. Duffy
University of Colorado Law Review
Hydraulic fracturing enables oil and gas operators to maximize hydrocarbon extraction from unconventional reservoirs. The increasing prevalence of fracturing generates robust debate and review of the environmental and economic impacts of the practice. An unbiased political dialogue of fracturing proves challenging. The technical complexity of the process and the divergent perceptions of local and state decision-makers foment regulatory tension. A division-of authority contest between the state government and home-rule cities ensues. In Colorado, state-level preemption gives courts a tool to invalidate local regulation of oil and gas activities where an operational conflict exists between the state and local law. However, …
The Future Of Abandoned Big Box Stores: Legal Solutions To The Legacies Of Poor Planning Decisions, Sarah Schindler
The Future Of Abandoned Big Box Stores: Legal Solutions To The Legacies Of Poor Planning Decisions, Sarah Schindler
University of Colorado Law Review
Big box stores, the defining retail shopping location for the majority of American suburbs, are being abandoned at alarming rates, due in part to the economic downturn. These empty stores impose numerous negative externalities on the communities in which they are located, including blight, reduced property values, loss of tax revenue, environmental problems, and a decrease in social capital. While scholars have generated and critiqued prospective solutions to prevent abandonment of big box stores, this Article asserts that local zoning ordinances can alleviate the harms imposed by the thousands of existing, vacant big boxes. Because local governments control land use …
Re-Evaluating Tribal Customs Of Land Use Rights, John C. Hoelle
Re-Evaluating Tribal Customs Of Land Use Rights, John C. Hoelle
University of Colorado Law Review
Indigenous peoples developed sustainable land tenure systems over countless generations, but these customary systems of rights are barely used by American Indian tribes today. Would increasing formal recognition of these traditional customs be desirable for tribes in a modern context? This Comment examines one traditional form of indigenous land tenure-the use right-and argues that those tribes that historically recognized use rights in land might benefit from increased reliance on these traditional customs. The Comment argues that in the tribal context, use rights can potentially be just as economically efficient, if not more so, than the Anglo- American system of unqualified, …
The Legal History Of Federally Granted Railroad Rights-Of-Way And The Myth Of Congress's "1871 Shift", Darwin P. Roberts
The Legal History Of Federally Granted Railroad Rights-Of-Way And The Myth Of Congress's "1871 Shift", Darwin P. Roberts
University of Colorado Law Review
Beginning in the 1830s, the United States government granted railroads thousands of miles of rights-of-way across the public lands. In 1850, Congress began to further subsidize the construction of certain railroads by granting them title to millions of acres of the public lands. By the late 1860s, however, the public came to vehemently oppose giving vast tracts of the public domain away to railroads. As a consequence, in 1871, Congress ceased granting subsidy lands to railroads. Federal grants of railroad rights-of-way, though, continued well into the twentieth century. The Supreme Court has held that the year 1871 marked a transition …
A Comment On Making Sustainable Land-Use Planning Work, Peter Pollock
A Comment On Making Sustainable Land-Use Planning Work, Peter Pollock
University of Colorado Law Review
Many models exist for creating better communities: for example, smart growth, new urbanism, and sustainable development. City planners have at their disposal a number of model ordinances and policies that could help communities meet the challenges of climate change and looming changes in transport and energy supply. The problem is not the lack of tools, but other policy issues that stymie their effective application. The localized nature of community planning, the inability to overcome local opposition to redevelopment within existing city boundaries, the lack of rigor in assigning costs to new development, the local competition for taxes, and the legacy …
The Frontier Of Eminent Domain, Alexandra B. Klass
The Frontier Of Eminent Domain, Alexandra B. Klass
University of Colorado Law Review
The Supreme Court's 2005 decision in Kelo v. City of New London brought the issues of takings and public use into the national spotlight. A groundswell of opposition to government- initiated "economic development takings" led to eminent domain reform legislation in over forty states. Many people are surprised to learn, however, that another type of economic development taking is alive and well in many western states that are rich in natural resources. In those states, oil, gas, and mining companies have the power of eminent domain under state constitutions or state statutes to take private property to develop coal, oil, …
The Tragedy Of The Commons And The Myth Of A Private Property Solution, Amy Sinden
The Tragedy Of The Commons And The Myth Of A Private Property Solution, Amy Sinden
University of Colorado Law Review
According to generally accepted wisdom of welfare economics, there are two potential solutions to the tragedy of the commons: 1) government regulation, or 2) privatization. Government regulation and privatization can usefully be distinguished from each other based on who answers the "how much" question. Under the former, government answers the "how much" question, and under the latter, the market answers it. When the U.S. environmental movement began in the 1970s, government regulation seemed the obvious choice. But in recent years, intellectual fashions have changed, and privatization has become the preferred solution. The privatization solution, however, is a myth that exists, …
The Shrinking Scope Of Judicial Review In Norton V. Southern Utah Wilderness Alliance, Justin C. Konrad
The Shrinking Scope Of Judicial Review In Norton V. Southern Utah Wilderness Alliance, Justin C. Konrad
University of Colorado Law Review
In Norton v. Southern Utah Wilderness Alliance, the U.S. Supreme Court issued its first decision definitively construing § 706(1) of the Administrative Procedure Act ("APA"). This section ostensibly provides for review of agency action "unlawfully withheld or unreasonably delayed." However, the Court's opinion narrowly construed section 706(1) so as to allow review only for discrete agency actions that are legally required. As a result, the Court held that Bureau of Land Management compliance with a Federal Land Management and Policy Act ("FLPMA") provision mandating management of certain public lands so as to prevent impairment of their wilderness characteristics was not …
The Roadless Rule That Never Was: Why Roadless Areas Should Be Protected Through National Forest Planning Instead Ofagency Rulemaking, Heather S. Ferdriksen
The Roadless Rule That Never Was: Why Roadless Areas Should Be Protected Through National Forest Planning Instead Ofagency Rulemaking, Heather S. Ferdriksen
University of Colorado Law Review
The 2001 Roadless Rule would have barred construction of new roads on 58.5 million acres of national forest land. Within months of its inception, however, a barrage of legal challenges and reversal of policy under the Bush Administration precluded its implementation. Regardless of its ecological merits, the backlash against the Roadless Rule suggests that agency rulemaking may not be the best way to achieve roadless area protection. This comment argues that the traditional process, forest planning under the National Forest Management Act of 1976 ("NFMA "), offers a preferable alternative to agency rulemaking in this context. It also offers recommended …
Executive Power And The Public Lands, Harold H. Bruff
Executive Power And The Public Lands, Harold H. Bruff
University of Colorado Law Review
No abstract provided.
Re-Examining The Governing Framework Of The Public Lands, Daniel Kemmis
Re-Examining The Governing Framework Of The Public Lands, Daniel Kemmis
University of Colorado Law Review
No abstract provided.
Cooperative Conservation: The Federalism Underpinnings To Public Involvement In The Management Of Public Lands, Robert D. Comer
Cooperative Conservation: The Federalism Underpinnings To Public Involvement In The Management Of Public Lands, Robert D. Comer
University of Colorado Law Review
No abstract provided.
Settling The Wilderness, Sarah Krakoff
Settling The Wilderness, Sarah Krakoff
University of Colorado Law Review
No abstract provided.
The Property Clause: As If Biodiversity Mattered, Dale D. Goble
The Property Clause: As If Biodiversity Mattered, Dale D. Goble
University of Colorado Law Review
No abstract provided.
The Property Clause And New Federalism, Allison H. Eid
The Property Clause And New Federalism, Allison H. Eid
University of Colorado Law Review
No abstract provided.
Who's Driving The Train? Railroad Regulation And Local Control, Maureen E. Eldredge
Who's Driving The Train? Railroad Regulation And Local Control, Maureen E. Eldredge
University of Colorado Law Review
No abstract provided.
A Local Development Agreement On Access To Sacred Lands, Robert Retherford
A Local Development Agreement On Access To Sacred Lands, Robert Retherford
University of Colorado Law Review
No abstract provided.