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Articles 1 - 18 of 18
Full-Text Articles in Law
Land Use And Zoning Law: The Current Lay Of The Land, Philip C. Strother, Matthew R. Farley
Land Use And Zoning Law: The Current Lay Of The Land, Philip C. Strother, Matthew R. Farley
University of Richmond Law Review
No abstract provided.
Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry
Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry
Indiana Law Journal
No abstract provided.
Sustainability And Land Use Planning: Greening State And Local Land Use Plans And Regulations To Address Climate Change Challenges And Preserve Resources For Future Generations, Patricia E. Salkin
Sustainability And Land Use Planning: Greening State And Local Land Use Plans And Regulations To Address Climate Change Challenges And Preserve Resources For Future Generations, Patricia E. Salkin
William & Mary Environmental Law and Policy Review
No abstract provided.
Biophilic Urbanism: Inviting Nature Back To Our Communities And Into Our Lives, Timothy Beatley
Biophilic Urbanism: Inviting Nature Back To Our Communities And Into Our Lives, Timothy Beatley
William & Mary Environmental Law and Policy Review
No abstract provided.
The Land Use Stabilization Wedge Strategy: Shifting Ground To Mitigate Climate Change, John R. Nolon
The Land Use Stabilization Wedge Strategy: Shifting Ground To Mitigate Climate Change, John R. Nolon
William & Mary Environmental Law and Policy Review
This article describes how local governments, through the clever application of existing land use techniques, can mitigate climate change. This strategic path follows one developed by Princeton professor Robert Socolow, who identified and described fifteen categories for organizing society's climate change mitigation efforts.1 Five of Socolow's strategic categories fall within the reach of local land use authority: reduced use of vehicles, energy efficient buildings, vegetative carbon sequestration, wind power, and solar power.2 Through the aggregation of these local land use techniques, significant energy savings and carbon dioxide ("C02") reduction can be achieved. After making some background points, this article describes …
Urbanites Versus Rural Rights: Contest Of Local Government Land-Use Regulations Under Washington Preemption Statute 82.02.020, Donya Williamson
Urbanites Versus Rural Rights: Contest Of Local Government Land-Use Regulations Under Washington Preemption Statute 82.02.020, Donya Williamson
Washington Law Review
In Citizens’ Alliance for Property Rights v. Sims, the Court of Appeals of Washington held that King County clearing and grading regulations—recently enacted pursuant to the Washington State Growth Management Act—constitute an unlawful “tax, fee, or charge” on the development of land, thereby violating a Washington excise tax preemption statute. The court ruled that the clearing limitations do not qualify under the statutory exception for mitigation of development impacts since they are not calculated on a site-by-site basis. This Note argues that the ruling greatly expands the scope of this statutory limitation on local land-use regulation, compromises Growth Management …
Front Matter, Natural Resources Journal
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
Putting A Stop To Sprawl: State Intervention As A Tool For Growth Management, Lesley R. Attkisson
Putting A Stop To Sprawl: State Intervention As A Tool For Growth Management, Lesley R. Attkisson
Vanderbilt Law Review
"Sprawl is America's most lethal disease." Although such a statement appears exaggerated upon first consideration, both the scope of urban sprawl and its attendant consequences support the suggestion that sprawl threatens the vitality of the United States. For example, in California, sprawl has reached such a dangerous level that one of the nation's largest banks publicly warned of the potential devastation: "Sprawl has created enormous costs that California can no longer afford. Ironically, unchecked sprawl has shifted from an engine of California's growth to a force that now threatens to inhibit growth and degrade the quality of our life." The …
Modernization Of New York's Land Use Laws Continues To Meet Growing Challenges Of Sustainability, Patricia E. Salkin, Jessica A. Bacher
Modernization Of New York's Land Use Laws Continues To Meet Growing Challenges Of Sustainability, Patricia E. Salkin, Jessica A. Bacher
Pace Law Review
No abstract provided.
Permitting Under The Clean Air Act: How Current Standards Impose Obstacles To Achieving Environmental Justice, Annise Katherine Maguire
Permitting Under The Clean Air Act: How Current Standards Impose Obstacles To Achieving Environmental Justice, Annise Katherine Maguire
Michigan Journal of Race and Law
Most studies about the environmental justice movement focus on the disproportionate share of environmental burdens minority and low-income populations bear, the negative effects of an unequal distribution of undesirable land uses, and how industry contributes to the adverse impacts suffered by the communities. Unfortunately, trying to prove that an injury was caused by actions of a nearby facility is difficult, and this approach has yielded few legal victories for environmental justice communities. While it is important to remain focused on how environmental justice communities are disproportionately impacted by undesirable land uses, the analysis must shift if the law is to …
Andy Nuñez: His Life, Career, & Contributions, Bridgette Burbank, Jerold Widdison
Andy Nuñez: His Life, Career, & Contributions, Bridgette Burbank, Jerold Widdison
Water Matters!
For years and years, reaching back well before his time in the Legislature, Rep. Nuñez has been a strong advocate not only for the state’s people but for its land and water resources.
Building Livable Places: The Importance Of Landscape In Urban Land Use, Planning, And Development, Adrienne Lyles-Chockley
Building Livable Places: The Importance Of Landscape In Urban Land Use, Planning, And Development, Adrienne Lyles-Chockley
Buffalo Environmental Law Journal
No abstract provided.
Yellow Snow On Sacred Sites: A Failed Application Of The Religious Freedom Restoration Act, Joshua A. Edwards
Yellow Snow On Sacred Sites: A Failed Application Of The Religious Freedom Restoration Act, Joshua A. Edwards
American Indian Law Review
No abstract provided.
United States V. Hatahley: A Legal Archaeology Case Study In Law And Racial Conflict, Debora L. Threedy
United States V. Hatahley: A Legal Archaeology Case Study In Law And Racial Conflict, Debora L. Threedy
American Indian Law Review
This article is a case study of United States v. Hatahley using the methodology of "legal archaeology" to reconstruct the historical, social, and economic context of the litigation. In 1953, a group of individual Navajos brought suit under the Federal Tort Claims Act for the destruction of over one hundred horses and burros. The first section of the article presents two contrasting narratives for the case. The first relates what we know about the case from the reported opinions, while the second locates the litigated case within the larger social context by examining the parties, the history of incidents culminating …
The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale D. Goble
The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale D. Goble
Natural Resources Journal
No abstract provided.
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 …
There Are No Implied Easements Over Trust Lands, M. Brent Leonhard
There Are No Implied Easements Over Trust Lands, M. Brent Leonhard
American Indian Law Review
No abstract provided.
Responsible Development? The Need For Revision To Seattle's Inclusionary Housing Plan, Jay A. Riffkin
Responsible Development? The Need For Revision To Seattle's Inclusionary Housing Plan, Jay A. Riffkin
Seattle University Law Review
This Comment explores how Seattle's enactment of a limited inclusionary housing plan can effectively meet the challenges of responsible development, both satisfying the city's need for density and affordability and maintaining an economic environment conducive to developer profitability. Although Seattle's current inclusionary housing plan may give adequate incentives to developers, the city needs to move away from its current voluntary plan and toward a mandatory plan that balances increasing developer incentives with a demand for affordable onsite development to serve a broader spectrum of income levels. Part II of this Comment lays out the background of exclusionary and inclusionary zoning …