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Full-Text Articles in Law

Reconciling Police Power Prerogatives, Public Trust Interests, And Private Property Rights Along Laurentian Great Lakes Shores, Richard K. Norton, Nancy H. Welsh May 2019

Reconciling Police Power Prerogatives, Public Trust Interests, And Private Property Rights Along Laurentian Great Lakes Shores, Richard K. Norton, Nancy H. Welsh

Michigan Journal of Environmental & Administrative Law

The United States has a north coast along its ‘inland seas’—the Laurentian Great Lakes. The country enjoys more than 4,500 miles of Great Lakes coastal shoreline, almost as much as its ocean coastal shorelines combined, excluding Alaska. The Great Lakes states are experiencing continued shorefront development and redevelopment, and there are growing calls to better manage shorelands for enhanced resiliency in the face of global climate change. The problem is that the most pleasant, fragile, and dangerous places are in high demand among coastal property owners, such that coastal development often yields the most tenacious of conflicts between ...


Beyond Localism: Harnessing State Adaptation Lawmaking To Facilitate Local Climate Resilience, Sarah J. Adams-Schoen Oct 2018

Beyond Localism: Harnessing State Adaptation Lawmaking To Facilitate Local Climate Resilience, Sarah J. Adams-Schoen

Michigan Journal of Environmental & Administrative Law

Notwithstanding the need for adaptation lawmaking to address a critical gap between climate-change related risks and preparedness in the United States, no coherent body of law exists that is aimed at reducing vulnerability to climate change. As a result of this gap in the law, market failures, and various “super wicked” attributes of hazard mitigation planning, local communities remain unprepared for present and future climate-related risks. Many U.S. communities continue to employ land-use planning and zoning practices that, at best, fail to mitigate these hazards, and, at worst, increase local vulnerability. Even localities that have implemented otherwise robust adaptation ...


Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley Dec 2015

Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley

Michigan Journal of Environmental & Administrative Law

By 2030 the U.S. will lose around $520 billion annually from its gross domestic product due to flooding. New risks resulting from climate change arise not only from swelling rivers and lakes, but also from stormwater runoff. According to the World Bank, coastal cities risk flooding more from their poor management of surface water than they do from rising sea levels. Surface water liability governs when a landowner is responsible for diverting the flow of water to a neighboring parcel of land. Steep increases in urban flooding will make surface water an enormous source of litigation in the coming ...


A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan May 2015

A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan

Michigan Journal of Environmental & Administrative Law

Our land use control system operates across a variety of multidimensional and dynamic categories. Learning to navigate within and between these categories requires an appreciation for their interconnected, dynamic, and textured components and an awareness of alternative mechanisms for achieving one’s land use control preferences and one’s desired ends. Whether seeking to minimize controls as a property owner or attempting to place controls on the land uses of another, one should take time to understand the full ecology of the system. This Article looks at four broad categories of control: (1) no controls, or the state of nature ...


Utilizing Michigan Brownfield Policies To Incentivize Community-Based Urban Agriculture In Detroit, Nicholas Leonard Apr 2014

Utilizing Michigan Brownfield Policies To Incentivize Community-Based Urban Agriculture In Detroit, Nicholas Leonard

Michigan Journal of Environmental & Administrative Law

As residents have increasingly moved from urban centers to suburbs, several cities have not been able to create effective solutions to the problems that such population loss has presented. Abandoned properties have proven to be the primary problem, and nowhere is that problem more pronounced than in Detroit. Urban agriculture has been widely embraced on a grassroots level as a potential solution to the pervasive problems that abandoned properties present and that cities have been unable to solve. While urban agriculture networks have largely arisen outside of municipal control, several cities are beginning to recognize urban agriculture as a potential ...