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Articles 1 - 3 of 3

Full-Text Articles in Law

Environmental Hedonism Or, Securing The Environment Through The Common Law, George P. Smith Ii, David M. Steenburg Nov 2015

Environmental Hedonism Or, Securing The Environment Through The Common Law, George P. Smith Ii, David M. Steenburg

William & Mary Environmental Law and Policy Review

No abstract provided.


What We Have Here Is A Failure To Compensate: The Case For A Federal Damages Remedy In Koontz "Failed Exactions", Christopher M. Kieser Nov 2015

What We Have Here Is A Failure To Compensate: The Case For A Federal Damages Remedy In Koontz "Failed Exactions", Christopher M. Kieser

William & Mary Environmental Law and Policy Review

In Nollan v. California Coastal Commission, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994), the Supreme Court held that an agency could not, consistent with the Takings Clause, condition a permit on a land exaction unless the exaction bears an “essential nexus” and “rough proportionality” to the harms the government seeks to mitigate. Then, in Koontz v. St. Johns Water Management District, 133 S. Ct. 2586 (2013), the Court extended Nollan and Dolan to exactions that were never completed because the property owner refused to acquiesce to the demand. Nevertheless, the Court held that …


Oil, Fire, Smoke And Mirrors: The Gulf Coast Claims Facility And Its Dangerous Precedent, Nicholas Guidi May 2015

Oil, Fire, Smoke And Mirrors: The Gulf Coast Claims Facility And Its Dangerous Precedent, Nicholas Guidi

William & Mary Environmental Law and Policy Review

No abstract provided.