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Articles 1 - 30 of 42
Full-Text Articles in Law
Reconstituting Land-Use Federalism To Address Transitory And Perpetual Disasters: The Bimodal Federalism Framework, Blake Hudson
Reconstituting Land-Use Federalism To Address Transitory And Perpetual Disasters: The Bimodal Federalism Framework, Blake Hudson
BYU Law Review
Scholars analyzing the intersection of federalism and disaster law and policy have primarily focused on the difficulties federalism poses for interjurisdictional coordination of disaster response. Though scholars have highlighted that rising disaster risks and costs are associated with “land-use planning that exacerbates, rather than mitigates, disaster risk,” a more holistic analysis of land-use-related disaster law and policy is needed. This Article provides a more comprehensive framework within which to analyze prospective mitigation or prevention of disaster risk and costs through a rebalancing—or reconstituting—of the respective roles of the federal and state governments in land-use planning. The federal government does not …
Lines In The Sand: Contrasting Advocacy Strategies For Environmental Protection In The Twenty-First Century, Joel R. Reynolds, Damon K. Nagami
Lines In The Sand: Contrasting Advocacy Strategies For Environmental Protection In The Twenty-First Century, Joel R. Reynolds, Damon K. Nagami
UC Irvine Law Review
No abstract provided.
Between Huntley And Salem: The Current State Of Municipal Authority In Pennsylvania To Affect Gas Drilling Through Zoning, Dan Raichel
Buffalo Environmental Law Journal
This article examines the scope of Pennsylvania is preemption of municipal authority to zone natural gas drilling activities in light of two relatively recent Pennsylvania Supreme Court decisions interpreting the Pennsylvania Oil and Gas Act and its local ordinance preemption provision. Although these cases define outer boundaries of permissible municipal regulation along the spectrum uf/possible zoning controls - i.e. what types ofordinance provisions would be either definitively permitted or preempted - substantial questions remain as to what extent a municipality may use traditional zoning power to zone gas drilling activities. This paper explores those grey areas, and attempts to assess …
The Interpretation Of Surface Easements In Severance Deeds As A Limit On Hydraulic Fracturing Practices, Rachel Heron, Justin S. Duclos, Shaun A. Goho
The Interpretation Of Surface Easements In Severance Deeds As A Limit On Hydraulic Fracturing Practices, Rachel Heron, Justin S. Duclos, Shaun A. Goho
Buffalo Environmental Law Journal
Hydraulic fracturing has driven a boom in natural gas production in the Marcellus Shale. While providing a growing source of domestic energy, this boom also raises signicant environmental concerns. Many of the impacts of hy draulic fracturing predominantly affect the inhabitants of the property where the drilling occurs. Yet when those inhabitants own only the surface estate, they have relatively little influence over whether and how the drilling occurs and will not profit from the gas extraction. This article provides a jurisdictional case stud4 set in West Virginia to assist in understanding the nuances relevant to an interpretation of the …
Anti-Sprawl Initiatives: How Complete Is The Convergence Of Environmental, Desegregationist And Fair Housing Interests?, Zoë Prebble
Buffalo Public Interest Law Journal
No abstract provided.
Examining The Public Use Doctrine And Whether Expanding A Private University Is A Public Use, Chad Olsen
Examining The Public Use Doctrine And Whether Expanding A Private University Is A Public Use, Chad Olsen
Brigham Young University Journal of Public Law
No abstract provided.
Order For The Courts: Reforming The Nollan/Dolan Threshold Inquiry For Exactions, Winfield B. Martin
Order For The Courts: Reforming The Nollan/Dolan Threshold Inquiry For Exactions, Winfield B. Martin
Seattle University Law Review
For decades prior to 2005, Fifth Amendment regulatory takings jurisprudence languished in a state of confused neglect. Rather than articulating a clearly discernable standard for determining whether a violation of the Takings Clause had occurred, Justices rebuffed government action that seemed to amount to “an out-and-out plan of extortion” and nodded in approval when they deemed the government to have “acted diligently and in good faith” or in furtherance of a “compelling interest.” In trying to parse this imprecise thicket, scholars have characterized the Court’s approach to regulatory takings as a “muddle,” in “disarray,” and “incoherent.” Professor Kent even noted …
Conservation Easements And The Doctrine Of Changed Conditions: A Comparative Analysis Of The New York And Arkansas Statutes, Daniel P. Harvey
Conservation Easements And The Doctrine Of Changed Conditions: A Comparative Analysis Of The New York And Arkansas Statutes, Daniel P. Harvey
Buffalo Environmental Law Journal
No abstract provided.
I Want To Ride My Bicycle: Why And How Cities Plan For Bicycle Infrastructure, Ryan Seher
I Want To Ride My Bicycle: Why And How Cities Plan For Bicycle Infrastructure, Ryan Seher
Buffalo Law Review
No abstract provided.
A Coordinated Approach To Growth Control In Northern Virginia, John R. Annand
A Coordinated Approach To Growth Control In Northern Virginia, John R. Annand
William & Mary Law Review
No abstract provided.
Population Health Through Inclusive Urban Planning: Healthier Communities And Sustainable Urban Development In Indian Cities, Shriya Malhotra
Population Health Through Inclusive Urban Planning: Healthier Communities And Sustainable Urban Development In Indian Cities, Shriya Malhotra
Sustainable Development Law & Policy
No abstract provided.
Mobile Phones: Reshaping The Flow Of Urban-To-Rural Remittances, Bethany Brown
Mobile Phones: Reshaping The Flow Of Urban-To-Rural Remittances, Bethany Brown
Sustainable Development Law & Policy
No abstract provided.
Out Of The Garden Of Eden: Moving Beyond The Rights-Based Agenda In The Urban Sector, Benjamin Bradlow
Out Of The Garden Of Eden: Moving Beyond The Rights-Based Agenda In The Urban Sector, Benjamin Bradlow
Sustainable Development Law & Policy
No abstract provided.
A Failure Of Conscience: How Pakistan’S Devastating Floods Compare To America’S Experience During Katrina, Oded Cedar
A Failure Of Conscience: How Pakistan’S Devastating Floods Compare To America’S Experience During Katrina, Oded Cedar
Sustainable Development Law & Policy
No abstract provided.
Cultivating Urban Forests Policies In Developing Countries, Janet A. Choi
Cultivating Urban Forests Policies In Developing Countries, Janet A. Choi
Sustainable Development Law & Policy
No abstract provided.
Resource Recovery And Materials Flow In The City: Zero Waste And Sustainable Consumption As Paradigms In Urban Development, Steffen Lehmann
Resource Recovery And Materials Flow In The City: Zero Waste And Sustainable Consumption As Paradigms In Urban Development, Steffen Lehmann
Sustainable Development Law & Policy
No abstract provided.
Stimulating The Future Of Superfund: Why The American Recovery And Reinvestment Act Calls For A Reinstatementof The Superfund Tax To Polluted Sites In Urban Environments, Braunson Virjee
Sustainable Development Law & Policy
No abstract provided.
How The Cercla Notification Requirements Facilitate The Creation Of Brownfields And What Epa Can Do To Address This Problem, Larry Schnapf
How The Cercla Notification Requirements Facilitate The Creation Of Brownfields And What Epa Can Do To Address This Problem, Larry Schnapf
Sustainable Development Law & Policy
No abstract provided.
Rediscovering The Transportation Frontier: Improving Sustainability In The United States Through Passenger Rail, Benjamin J. Wickizer, Andrew Snow
Rediscovering The Transportation Frontier: Improving Sustainability In The United States Through Passenger Rail, Benjamin J. Wickizer, Andrew Snow
Sustainable Development Law & Policy
No abstract provided.
Traffic Jam Equality: Evaluating The Constitutionality Of Congestion Pricing, Christopher Hudock
Traffic Jam Equality: Evaluating The Constitutionality Of Congestion Pricing, Christopher Hudock
Sustainable Development Law & Policy
No abstract provided.
Sustainable Cities Of The Future: The Behavior Change Driver, Peter Newman
Sustainable Cities Of The Future: The Behavior Change Driver, Peter Newman
Sustainable Development Law & Policy
No abstract provided.
Enhancing Urban Albedo To Fight Climate Change And Save Energy, Elise Stull, Xiaopu Sun, Durwood Zaelke
Enhancing Urban Albedo To Fight Climate Change And Save Energy, Elise Stull, Xiaopu Sun, Durwood Zaelke
Sustainable Development Law & Policy
No abstract provided.
Introduction: Cities And Sustainability
Introduction: Cities And Sustainability
Sustainable Development Law & Policy
No abstract provided.
Social Networking And Land Use Planning And Regulation: Practical Benefits, Pitfalls, And Ethical Considerations, Patricia E. Salkin
Social Networking And Land Use Planning And Regulation: Practical Benefits, Pitfalls, And Ethical Considerations, Patricia E. Salkin
Pace Law Review
No abstract provided.
Kelo, Conservation Easements, And Forever: Why Eminent Domain Is Not A Sufficient Check On Conservation Easements' Perpetual Duration, Derrick P. Fellows
Kelo, Conservation Easements, And Forever: Why Eminent Domain Is Not A Sufficient Check On Conservation Easements' Perpetual Duration, Derrick P. Fellows
William & Mary Environmental Law and Policy Review
No abstract provided.
New Mexico’S Major Reservoirs: An Overview, Susan Kelly, Diego Urbina
New Mexico’S Major Reservoirs: An Overview, Susan Kelly, Diego Urbina
Water Matters!
This paper describes the salient facts about the major water storage reservoirs in New Mexico. For each reservoir, we address the purposes of water storage allowed by law, storage capacity, the responsible operating agency, and some key operational issues. This is by necessity a vast simplification of the topic.Books, articles, research reports, operation manuals, and other materials on these topics run into the hundreds. Millions of dollars have been spent on technical studies and computer models to understand,and sometimes alter, the operations of various dams and reservoirs.
Enough Rope: Why United States V. White Plume Was Wrong On Hemp And Treaty Rights, And What It Could Cost The Federal Government, Lori Murphy
American Indian Law Review
No abstract provided.
The Role Of The Site Selector, Andrew H. Shapiro
The Role Of The Site Selector, Andrew H. Shapiro
South Carolina Journal of International Law and Business
No abstract provided.