Law Commons^™

Facing Down The So-Called Agenda 21 'Conspiracy', John Dernbach

John C. Dernbach

No abstract provided.

Can Shale Gas Help Accelerate The Transition To Sustainability?, John Dernbach, James May

John C. Dernbach

The sudden and unexpected development of shale gas has the potential to accelerate or hinder the transition to sustainability, depending on how it is handled. Sustainable development is a useful evaluative framework for shale gas development. It would have us analyze its environmental, social, economic, and security dimensions at the same time, and look for ways to make all four dimensions mutually reinforcing. This article suggests that sustainable shale gas development: 1) requires a sophisticated and comprehensive regulatory system to protect the environment and public health as well as a legal and policy framework capable of both ensuring significant social …

Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power

Garrett Power

This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland Francis King Carey School of Law. It is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property.

The …

Rising Sea Levels: A Tidal Wave Of Legal Issues, Kenneth Kristl

Kenneth T Kristl

No abstract provided.

Implementation Of The Apa Growing Smart Legislative Guidebook: Beginning To Benchmark Success, Patricia Salkin

Patricia E. Salkin

No abstract provided.

The Key To Unlocking The Power Of Small Scale Renewable Energy: Local Land Use Regulation, Patricia Salkin

Patricia E. Salkin

Myriad federal and state programs have been promoted to incentivize the research and development of renewable energy as a means of achieving sustainability and producing more affordable alternative energy systems, and these programs could potentially have a profound impact on the way that electricity is produced and consumed in the United States. Small-scale renewable energy generation from sources such as solar and wind, that can be used at the consumer level as a source of power for homes and small businesses, is an important part of this paradigm shift. However, regardless of the fiscal incentives offered to clean-tech companies to …

American Law Of Zoning, Patricia Salkin

Patricia E. Salkin

No abstract provided.

A Companion To Bordering On Madness: An American Land Use Tale, Second Edition: Cases, Scholarship, And Case Studies, Patricia Salkin, Andrew Popper, David Avitabile

Patricia E. Salkin

A Companion to Bordering on Madness: An American Land Use Tale, Second Edition expands the issues raised in the novel using cases, scholarship, and case studies. The text serves as a foundation to understand select doctrine, theory and strategy applicable to conflicts between developers and those who oppose development. Land use is an area in which law and government become personal, direct, immediate, and, quite literally, tangible. Land use cases set the parameters for the structures in which we live, the vistas (or lack thereof) we experience—quite literally, the sights, sounds, and air that surround us. The mission of this …

Government "Green" Requirements And "Leedigation", Patricia Salkin, Graham Grady, Nicole Mueller, Susan Herendeen

Patricia E. Salkin

No abstract provided.

The Smart Growth Agenda: A Snapshot Of State Activity At The Turn Of The Century, Patricia Salkin

Patricia E. Salkin

No abstract provided.

No Protectable Property Interest In Making Land Use Decisions And Other Ethics In Land Use Issues 2009-2010, Patricia Salkin

Patricia E. Salkin

This annual review of reported decisions and opinions focused on ethical considerations in land use planning and decisionmaking, continues to highlight the hotly litigated issues surrounding conflicts of interest of various players in the land use game.

Teaching Government Law & Policy In Law School: Reflections On Twenty-Five Years Of Experience, Patricia Salkin

Patricia E. Salkin

No abstract provided.

Regional Foodsheds: Are Our Local Zoning And Land Use Regulations Healthy?, Patricia Salkin, Amy Lavine

Patricia E. Salkin

Governments at all levels have become increasingly interested in fostering healthy eating habits and sustainable agricultural production. Promoting access to locally grown produce is an important part of many policy goals seeking to address these concerns, and the concept of regional foodsheds has risen in popularity as one method to achieve these goals. Research indicates that community based food systems have the potential to address food security, public health, social justice, and ecological health. Food production and consumption patterns are influenced by a range of federal, state, and municipal policies, but meaningful change in regional food system policies is likely …

The Genesis Of Rluipa And Federalism: Evaluating The Creation Of A Federal Statutory Right And Its Impact On Local Government, Patricia Salkin, Amy Lavine

Patricia E. Salkin

In 2000, Congress passed, and President Clinton signed, the Religious Land Use and Institutionalized Persons Act (RLUIPA), designed to provide protection from discrimination for the exercise of religion for incarcerated individuals and for those in need of various municipal permits or approvals in order to exercise their religion. With seven years of experience in the courts, this article examines the impact of RLUIPA on local governments across the country through an analysis of how the courts have been interpreting and applying statutory ambiguities and creating inconsistent doctrine in an effort to define terms and implement RLUIPA's protections. Whether an appropriate …

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power

Garrett Power

This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …

An Agenda For Sustainable Communities, John Dernbach

John C. Dernbach

This article summarizes progress toward sustainable communities in the United States since the United Nations Conference on Environment and Development (or Earth Summit) in 1992. It shows the significant initiative that many communities have undertaken and identifies existing state and federal laws as impediments to achieving sustainability. This article also makes recommendations for further progress based on what we have already learned about how to achieve sustainable communities. They include not only more and strengthened sustainable community efforts, and broad state and federal legal support, but also deep engagement of all affected citizens. This article is based primarily on three …

Climate Change, Consumption, And Cities, Alice Kaswan

Alice Kaswan

In this article, Professor Kaswan argues that hoped-for greenhouse gas reductions cannot be achieved without reducing consumption. Given their control over land use and buildings, cities can play a key role in reducing consumption. She argues that, while existing federal proposals for a market-based approach could indirectly create incentives that would reduce emissions from transportation and buildings, the invisible hand of the market will not suffice. Nor can the federal government succeed alone. Local and regional governments could play a key practical and institutional role, and many have already initiated greenhouse gas reduction efforts.

Local governments are, however, unlikely to …