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Articles 31 - 60 of 338
Full-Text Articles in Law
2001 Recommended Web Sites For Threatened And Endangered Species, Luke J. Sherlock
2001 Recommended Web Sites For Threatened And Endangered Species, Luke J. Sherlock
Florida State University Journal of Land Use and Environmental Law
The internet contains a wealth of free information on just about any issue a legal practitioner can come across. Locating the information, though, can be a time consuming and frustrating task. The Journal's annual website review attempts to assist the legal practitioner in taking advantage of the free resources available on the internet when researching environmental and land use law issues. This article is designed to make surfing the net for information more efficient and productive. Past reviews have focused on topics such as Ocean and Coastal law and Wetlands law. This year's review will focus on Endangered Species Web …
Book Review: Halisbury's Laws Of Hong Kong: Town Planning, Michael Purdue
Book Review: Halisbury's Laws Of Hong Kong: Town Planning, Michael Purdue
Florida State University Journal of Land Use and Environmental Law
In his thoughtful treatise, Professor Anton Cooray, Professor, School of Law, City University of Hong Kong, examines town planning laws in Hong Kong. This work is the first comprehensive work on Hong Kong planning law and must have involved considerable research. Professor Cooray sets out in considerable detail the main regulatory systems and the many other more specialist regulations that apply such as advertisement and conservation control. The treatment follows the standard Halsbury formula with numbered paragraphs with extensive footnotes. The complex subject matter is set out clearly and logically. The reader is taken gently along in that the main …
Recent Developments In Land Use And Environmental Law, Jeanne B. Curtin
Recent Developments In Land Use And Environmental Law, Jeanne B. Curtin
Florida State University Journal of Land Use and Environmental Law
This section highlights significant recent developments in federal and state environmental and land use case law. In addition to the sources cited in this section, the reader is encouraged to consult the official website of the Florida Legislature at , and the website of the Environmental and Land Use Section of the Florida Bar . Other useful sources the reader may wish to consult include the website of the Florida Department of Environmental Protection , the Environmental Protection Agency's website , and Enviro-Net for recent news stories.
From Lucas To Palazzolo: A Case Study Of Title Limitations, Brittany Adams
From Lucas To Palazzolo: A Case Study Of Title Limitations, Brittany Adams
Florida State University Journal of Land Use and Environmental Law
This Note examines what state courts and lower federal courts have found to be "background principles" of property and nuisance law that fit into the Lucas exception. The Note examines recent case law that applies the Lucas exception to determine how the law has developed. The Note then explains the facts of Palazzolo v. Rhode Island and discusses how the Court should rule on the issues in light of the difficulty the courts have had in applying Lucas. The Note concludes that the Court must consider the importance of the right to own property in America. The Court should take …
Wastewater In The Florida Keys: A Call For Stricter Regulation Of Nonpoint Source Pollution, Heather Darden
Wastewater In The Florida Keys: A Call For Stricter Regulation Of Nonpoint Source Pollution, Heather Darden
Florida State University Journal of Land Use and Environmental Law
This article addresses nonpoint source pollution and its detrimental effects on the environment. Through a focus on the devastating problems wastewater has caused in the Florida Keys, the author shows how pollution of this kind, not properly regulated, can have life threatening impacts on our environment. This article describes the current systems used in the Florida Keys, and the downfalls of such systems. Further, this paper also provides an overview of the sources of water pollution and the resources for regulation of such pollution, while also providing recommendations for strengthening these regulatory schemes. As the bulk of current federal regulation …
Charm In The City: Thoughts On Urban Ecosystem Management, Nancy Perkins Spyke
Charm In The City: Thoughts On Urban Ecosystem Management, Nancy Perkins Spyke
Florida State University Journal of Land Use and Environmental Law
This fascinating article concludes that there are great opportunities for cities to become players in the nation's move toward ecosystem management. Certainly, problems arise when humans are injected into the ecosystem equation, and ecosystem management at the city level will not be easy. But the history of environmental regulation has taught us that making the easy choice does not always solve the problem. Further, limiting ecosystem management to rural and wilderness areas can only serve to further compartmentalize our already deeply fragmented environmental policies. Urban ecosystem management is not an oxymoron. It can be achieved at various levels by implementing …
Recent Developments In Land Use And Environmental Law, I. Weston Wheeler
Recent Developments In Land Use And Environmental Law, I. Weston Wheeler
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
A Review Of Del Monte Dunes V. City Of Monterey And Its Implications For Local Government Exactions, Nancy E. Stroud
A Review Of Del Monte Dunes V. City Of Monterey And Its Implications For Local Government Exactions, Nancy E. Stroud
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Florida Beach Access: Nothing But Wet Sand?, S. Brent Spain
Florida Beach Access: Nothing But Wet Sand?, S. Brent Spain
Florida State University Journal of Land Use and Environmental Law
This comment addresses the problem of decreased public access to the dry sand areas of Florida's beaches resulting from the vast portion of Florida's beaches being privately owned. The author argues that, in the absence of state legislation protecting public beach access, local governments should enact ordinances protecting the public's customary right to utilize the dry sand areas of their beaches. In support of this argument, the author notes that the prescriptive easement and custom doctrines are the primary means of securing public access to the dry sand areas of Florida beaches. However, because of the presumption against acquisition of …
The Telecommunications Act Of 1996 And Viewshed Protection For The National Scenic Trails, James J. Vinch
The Telecommunications Act Of 1996 And Viewshed Protection For The National Scenic Trails, James J. Vinch
Florida State University Journal of Land Use and Environmental Law
This Article explores the effects of the Telecommunications Act of 1996 on the viewshed of the National Scenic Trails, concentrating geographically on placement of wireless technology along the Appalachian Trail. After outlining the Act's legislative history and identifying the values Congress intended to protect with its legislation, the author analyzes the conflicts between the Act and the mission of the National Park Service. As possible solutions to this tension, the author offers legal theories for protecting the National Scenic Trails, including application of the National Park Service Organic Act, the Property Clause of the United States Constitution, the National Environmental …
Judicial Activism In Enforcement Of Florida's Net Ban, Marlene K. Stern
Judicial Activism In Enforcement Of Florida's Net Ban, Marlene K. Stern
Florida State University Journal of Land Use and Environmental Law
In this Article, the author examines county court decisions and jury nullification regarding the 1994 amendment to the Florida Constitution known as the "net ban" in the Florida Panhandle. The Article considers the events leading to the 1994 amendment passed by citizen initiative petition that limits marine net fishing. The Article provides glimpses into the social, economic, and political elements of the fishing communities affected by the net ban. The article provides examples of suspect decisions issued by Panhandle county courts, and examines the factors possibly motivating these decisions. Application of a framework for analyzing judicial decisions demonstrates that the …
Community By Covenant, Process, And Design: Cohousing And The Contemporary Common Interest Community, Mark Fenster
Community By Covenant, Process, And Design: Cohousing And The Contemporary Common Interest Community, Mark Fenster
Florida State University Journal of Land Use and Environmental Law
An emerging form of the common interest community (CIC), cohousing is becoming increasingly popular in American cities. In his provocative article on this evolving form of community living arrangement, Mark Fenster discusses the development and limits of cohousing. Fenster further illustrates successful cohousing projects and distinguishes them by form. Additionally, he explains some of the problems associated with purchasing common residential property by covenant. Finally, Fenster explores cohousing as a model for affordable housing.
1999 Website Review: Recommended Legal Websites For Ocean And Coastal Law, Amy Voigt
1999 Website Review: Recommended Legal Websites For Ocean And Coastal Law, Amy Voigt
Florida State University Journal of Land Use and Environmental Law
This review is an excellent tool for practitioners, scholars, and students looking for information on ocean and coastal law on the Internet. This year's website review is in celebration and recognition of the United Nations General Assembly declaration of 1998 as the International Year of the Ocean. The review is divided into subtopics for easy viewing and provides a brief overview of the type of information available on many of the major web sites addressing this practice area.
Book Review: Environmental Law Practice: Problems And Exercises For Skills Development, Jody L. Finklea
Book Review: Environmental Law Practice: Problems And Exercises For Skills Development, Jody L. Finklea
Florida State University Journal of Land Use and Environmental Law
In this Book Review of Environmental Law Practice: Problems and Exercises for Skills Development, written by Jerry L. Anderson and Dennis D. Hirsch, the author quickly sets out the strength and weakness of this book: practicality. The author briefly discusses the four main chapters, which are conveniently separated into compliance, enforcement, litigation, and policy. In short, the author concludes that this book does a good job of providing a rudimentary understanding of environmental law, but more advanced practitioners and scholars may find it less useful.
Addition By Removal?: National Mining Limits Section 404 Control Of Construction In Wetlands, Michael Hollins
Addition By Removal?: National Mining Limits Section 404 Control Of Construction In Wetlands, Michael Hollins
Florida State University Journal of Land Use and Environmental Law
In this Note, the author reviews the demise of the Army Corps of Engineers' infamous Tulloch Rule. The rule, which allowed the Corps to regulate dredging under the Clean Water Act (CWA) by prohibiting incidental fallback, was declared invalid by the District of Columbia Circuit Court and the Corps was enjoined from utilizing the rule nationwide. The author begins by looking at the history of Corps regulation under the CWA and the events leading up to the promulgation of the Tulloch rule. Following this introduction to Corps jurisdiction, the author examines the decision of National Mining Association v. United States …
Parent Corporation Liability Under Cercla: An Analysis Of The Supreme Court's Failures And Fortunes In Its Decision In United States V. Bestfoods, John W. Chapman
Parent Corporation Liability Under Cercla: An Analysis Of The Supreme Court's Failures And Fortunes In Its Decision In United States V. Bestfoods, John W. Chapman
Florida State University Journal of Land Use and Environmental Law
In this Note, the author analyzes the Supreme Court's recent decision of United States v. Bestfoods determining parent corporation liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). After a brief overview of CERCLA's goals and liability scheme, the author explores in depth the different methods federal circuit courts have used in determine the liability of a parent corporation for the environmental harms of a wholly owned subsidiary. Noting the deep divide between the circuits, the author dissects the Supreme Court's decision in Bestfoods, starting with the trial court up through appeal to the Supreme Court. The author …
Measuring Justice For Nature, Issues In Evaluating And Litigating Natural Resource Damages, James Peck
Measuring Justice For Nature, Issues In Evaluating And Litigating Natural Resource Damages, James Peck
Florida State University Journal of Land Use and Environmental Law
In this Comment, the author sets the stage for his discussion of natural resource damages by recounting the enormous scale of the impacts resulting from the Exxon Valdez accident. After a brief introduction into the various characterizations of natural resources, the author discusses the various methods by which natural resources are valued and the means by which those values are quantified. Next the author discusses litigation over natural resource damages, including: common law legal rights, federal natural resource protection laws, and common law actions and natural resource trustees. In conclusion, the author recommends that common law claims by private parties …
Improvements Under Florida's Butler Act: Can We Have A Definition Please?, Allan E. Wulbern
Improvements Under Florida's Butler Act: Can We Have A Definition Please?, Allan E. Wulbern
Florida State University Journal of Land Use and Environmental Law
In this Comment, the author explores the ambiguity that is Florida's Butler Act and argues that direction is needed, either from the Florida Supreme Court or the Florida Legislature. The discussion begins with the roots of the Butler Act, the Riparian Rights Act of 1856, the analysis of which blends seamlessly with that of the public trust doctrine. Turning to the most significant ambiguity in the Butler Act, the author surveys the cases construing the meaning of "improvements" as used in the Act and contrasts each of them against the others. Most notably, the author examines the effect the Butler …
Highlights In North American Litigation During The Twentieth Century On Artificial Fluoridation Of Public Water Supplies, John Remington Graham, Pierre-Jean Morin
Highlights In North American Litigation During The Twentieth Century On Artificial Fluoridation Of Public Water Supplies, John Remington Graham, Pierre-Jean Morin
Florida State University Journal of Land Use and Environmental Law
Drawing on first hand observations, John R. Graham and Dr. Pierre Morin give us a glimpse into the policy, science and controversy leading to the fluoridation of public drinking water supplies and the ensuing litigation and cover-up centering around the harmful effects of fluorine. Beginning with a thorough analysis and discussion of natural law as developed and applied by the United States Supreme Court, the authors argue that fluoridation of public water supplies can no longer be continued. Next, the authors discuss the scientific basis for their arguments. Citing to numerous studies and explaining the mathematics used by some of …
Recent Developments In Land Use And Environmental Law, Amy Voigt
Recent Developments In Land Use And Environmental Law, Amy Voigt
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Book Review: The Failure Of Property Rights To Guard The Integrity Of The Individual, Heather F. Lindsay
Book Review: The Failure Of Property Rights To Guard The Integrity Of The Individual, Heather F. Lindsay
Florida State University Journal of Land Use and Environmental Law
In this Book Review, the author provides an open and honest rebuttal to the book Property Rights: Understanding Government Takings and Environmental Regulation written by Nancie G. Marzulla and Roger J. Marzulla. The author examines the book chapter by chapter, taking apart and analyzing the theoretical and philosophical assertions contained in the book. A recurrent theme in her discussion, driven home in the conclusion, is the need for balance between community needs and individuals in the context of the Property Rights Movement.
An Analysis Of A Global Co2 Emissions Trading Program, Hoong N. Young
An Analysis Of A Global Co2 Emissions Trading Program, Hoong N. Young
Florida State University Journal of Land Use and Environmental Law
In this Comment, the author examines the strengths and weaknesses of using an emissions trading program, instead of a traditional command and control method, to reduce pollution emissions. The Comment analyzes two programs currently being used in the United States, the SO2 trading program and the Regional Clean Air Incentives Market (RECLAIM). Based on this analysis, the author discusses potential problems with a global CO2 emissions trading program and offers some suggestions as to possible solutions for these problems.
The Perpetuation Of Residential Racial Segregation In America: Historical Discrimination, Modern Forms Of Exclusion, And Inclusionary Remedies, Marc Seitles
Florida State University Journal of Land Use and Environmental Law
This Comment analyzes the current state of residential racial segregation in America. It begins by taking a close look at the history of residential racial segregation, namely the urban ghetto, the role of the United States Government, exclusionary zoning, and private discrimination. The author then turns his attention to the harmful effects of residential racial segregation on minorities, focusing primarily on the lack of choice in housing options and the economic and social costs of racial segregation. The author next explores the policy reasons to support housing integration. In addition to pointing out the benefits, the author exposes the hidden …
Orders: A Wolf In Sheep's Clothing For Environmental And Toxic Tort Litigation, John T. Burnett
Orders: A Wolf In Sheep's Clothing For Environmental And Toxic Tort Litigation, John T. Burnett
Florida State University Journal of Land Use and Environmental Law
In colorful prose, the author begins the Comment with an excellent hypothetical illustrating the heavy burden a Lone Pine Order places on a plaintiff struggling to keep a toxic torts case in court. Starting with this foundation, the author conducts an in-depth review of the elements and operation of Lone Pine Orders. Next, the author outlines the features of typical torts case, pointing out how the features make compliance with a Lone Pine Order very difficult. The author next discusses and compares the pros and cons of Lone Pine Orders. He thoroughly examines how a Lone Pine Order can be …
Our National Parks--Overcrowded, Underfunded, And Besieged With A Myriad Of Vexing Problems: How Can We Best Fund Out Imperiled National Park System?, Richard J. Ansson, Jr.
Our National Parks--Overcrowded, Underfunded, And Besieged With A Myriad Of Vexing Problems: How Can We Best Fund Out Imperiled National Park System?, Richard J. Ansson, Jr.
Florida State University Journal of Land Use and Environmental Law
This Article sheds light on the precarious position our national park system currently occupies. It begins by briefly discussing the events leading up to the creation of the National Park Service and its statutory foundation. The author provides a detailed discussion of the financial problems currently facing the National Park System. The author explores thoroughly each problem, more people, more problems, more parks, and Park service mismanagement, and the effects dwindling budgets are having on the park system as a whole. Throughout his discussion, the author provides heartbreaking examples of the financial problems with such popular parks as Grand Canyon …
Recent Developments In Land Use And Environmental Law, Chanta G. Hundley
Recent Developments In Land Use And Environmental Law, Chanta G. Hundley
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
1998 Recommended Web Sites For Land Use And Environmental Law, Martha Mann
1998 Recommended Web Sites For Land Use And Environmental Law, Martha Mann
Florida State University Journal of Land Use and Environmental Law
This review is an excellent reference tool for practitioners looking for information on environmental and land use law on the Internet. The review is divided into subtopics for easy viewing and provides a brief overview of the type of information available on many of the major web sites addressing environmental and land use law.
Book Review: Brownfields: A Comprehensive Guide To Redeveloping Contaminated Property, Maribel Nicholson-Choice
Book Review: Brownfields: A Comprehensive Guide To Redeveloping Contaminated Property, Maribel Nicholson-Choice
Florida State University Journal of Land Use and Environmental Law
Brownfields: A Comprehensive Guide to Redeveloping Contaminated Property by Todd S. Davis and Kevin D. Margolis, with a preface by Vice President Al Gore is a guide for assisting individuals with understanding Brownfields. Based on her years of experience as a practitioner in the field, the reviewer believed that this book is an excellent tool for lawyers who wish to become acquainted with the complexities of brownfields redevelopment. The reviewer states that the book does an excellent job at not limiting its analysis to any one point of view. The reviewer noted that the book begins by clearly defining the …
Book Review: Wetlands Mitigation: Mitigation Bank And Other Strategies For Development And Compliance, Frank E. Matthews, Kimberly Grippa
Book Review: Wetlands Mitigation: Mitigation Bank And Other Strategies For Development And Compliance, Frank E. Matthews, Kimberly Grippa
Florida State University Journal of Land Use and Environmental Law
Wetland Mitigation: Mitigation Banking and Other Strategies for Development and Compliance by Mark S. Dennison is a book designed as a guide to understanding, evaluating, and implementing various mitigation measures needed to avoid, minimize or compensate for land use development impacts to wetlands. Further, this book explains the regulatory framework, permit process, and mitigation prerequisites to obtaining permit approvals to carry out land use development activities in wetland areas. As practitioners in the field of mitigation banking in Florida, the reviewers offer their unique insight into the effectiveness of Mr. Dennison's book. The book review describes the subject matter of …
Death On The High Seas: The Demise Of Tovalop And Cristal, Susan Bloodworth
Death On The High Seas: The Demise Of Tovalop And Cristal, Susan Bloodworth
Florida State University Journal of Land Use and Environmental Law
In this Comment, the author provides an overview of TOVALOP and CRISTAL. The author also discusses other U.S. and international remedies for oil spill damages. An evaluation of the ramifications which are being realized because TOVALOP and CRISTAL are no longer enforced follows. This Comment concludes by suggesting that any future oil pollution compensation scheme must include TOVALOP and CRISTAL because these agreements provided the greatest likelihood of compensation to those damaged by maritime oil pollution.