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Land Use Law

Journal

2011

Institution
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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 Dec 2011

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 Dec 2011

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 Oct 2011

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 Oct 2011

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 Sep 2011

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 Jul 2011

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 Jun 2011

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 Apr 2011

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 Apr 2011

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 Apr 2011

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 Mar 2011

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 Mar 2011

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 Mar 2011

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 Mar 2011

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 Mar 2011

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 Mar 2011

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 Mar 2011

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 Mar 2011

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 Mar 2011

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 Mar 2011

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 Mar 2011

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 Mar 2011

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 Mar 2011

Introduction: Cities And Sustainability

Sustainable Development Law & Policy

No abstract provided.


About Sdlp Mar 2011

About Sdlp

Sustainable Development Law & Policy

No abstract provided.


Volume Xi Issue 1 Mar 2011

Volume Xi Issue 1

Sustainable Development Law & Policy

No abstract provided.


Social Networking And Land Use Planning And Regulation: Practical Benefits, Pitfalls, And Ethical Considerations, Patricia E. Salkin Mar 2011

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 Feb 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

The Role Of The Site Selector, Andrew H. Shapiro

South Carolina Journal of International Law and Business

No abstract provided.