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Research On Renewable Energy Project Opposition Selected For Environmental Law And Policy Annual Review Award, James Owsley Boyd Nov 2023

Research On Renewable Energy Project Opposition Selected For Environmental Law And Policy Annual Review Award, James Owsley Boyd

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A publication co-authored by Indiana University Maurer School of Law Dean Christiana Ochoa and 2021 Law School alumna Kacey Cook has been selected to appear in the 17th edition of the Environmental Law and Policy Annual Review.

“Deals in the Heartland: Renewable Energy Projects, Local Resistance, and How Law Can Help” was authored by Ochoa, Cook, and University of Minnesota Law School third-year student Hanna Weil and was published in January 2023 in the Minnesota Law Review.


Deals In The Heartland: Renewable Energy Projects, Local Resistance, And How Law Can Help, Christiana Ochoa Jan 2023

Deals In The Heartland: Renewable Energy Projects, Local Resistance, And How Law Can Help, Christiana Ochoa

Articles by Maurer Faculty

Informed by original empirical research conducted in the Midwestern United States, this Article provides a rich and textured understanding of the rapidly emerging opposition to renewable energy projects. Beyond the Article’s urgent practical contributions, it also examines the importance of formalism and formality in contracts and complicates current understandings.

Rural communities in every windblown and sun-drenched region of the United States are enmeshed in legal, political, and social conflicts related to the country’s rapid transition to renewable energy. Organized local opposition has foreclosed millions of acres from renewable energy development, impeding national and state-level commitments to achieving renewable energy targets …


Four Perspectives On A Sustainable Future In Nosara, Costa Rica, Greg Munno, Álvaro Salas Castro, Tina Nabatchi, Christian M. Freitag Jan 2022

Four Perspectives On A Sustainable Future In Nosara, Costa Rica, Greg Munno, Álvaro Salas Castro, Tina Nabatchi, Christian M. Freitag

Articles by Maurer Faculty

The town of Nosara on Costa Rica’s Nicoya peninsula is home to a vibrant community of diverse residents and is adjacent to an important turtle nesting site. However, tensions between lifelong residents, more recent transplants, visitors, and developers have increased as more of the world discovers this once-isolated haven. Climate change, income inequality, and alienation from a distant government apparatus have further complicated effective land-use planning and fractured social cohesion. Using a mixed-method approach of in-depth interviews (n = 67), Q methodology (n = 79), and public deliberation (n = 88), we explored residents’ priorities for the future of their …


Bounding Forward, Robert L. Fischman Sep 2019

Bounding Forward, Robert L. Fischman

Articles by Maurer Faculty

In the race to save the planet from climate change, resilience has been misconstrued as sustaining historic conditions. But some of them are undesirable and others no longer feasible. Adaptive governance can promote transformation to help communities frustrated with current conditions.


Hicks V. Dowd, Conservation Easements, And The Charitable Trust Doctrine: Setting The Record Straight, W. William Weeks, Nancy A. Mclaughlin Jan 2010

Hicks V. Dowd, Conservation Easements, And The Charitable Trust Doctrine: Setting The Record Straight, W. William Weeks, Nancy A. Mclaughlin

Articles by Maurer Faculty

This is the fourth in an exchange of articles published by the Wyoming Law Review discussing the application of charitable trust principles to conservation easements conveyed as charitable gifts. In 2002, Johnson County, Wyoming, attempted to terminate a conservation easement that had been conveyed to the County as a tax-deductible charitable gift. The County's actions were challenged, first in a suit brought by a resident of the County, Hicks v. Dowd, and then in a suit brought by the Wyoming Attorney General, Salzburg v. Dowd. The over six years of litigation associated with the easement's attempted termination has been the …


Liability Rules For Surface Water Drainage: A Simple Economic Analysis, Daniel H. Cole Jan 1989

Liability Rules For Surface Water Drainage: A Simple Economic Analysis, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.


Intergenerational Condemnation, Donald H. Gjerdingen Jan 1986

Intergenerational Condemnation, Donald H. Gjerdingen

Articles by Maurer Faculty

Justice between generations is a growing concern in land use, particularly in the areas of environmental and historic preservation. In this Article, Professor Gerdingen addresses the effect of this development on contemporary takings clause doctrine. He argues that conventional takings doctrine is comprised of four different "causes of action" that merely focus on intragenerational conflicts over the use of resources. As a result, part of the reason why the law generates so many hard cases in the area of environmental and historic preservation is that the conventional takings doctrine is unable to accommodate the justice between generations component of preservation …


Book Review. Land Development In Crowded Places: Lessons From Abroad By George Lefcoe, A. Dan Tarlock Jan 1980

Book Review. Land Development In Crowded Places: Lessons From Abroad By George Lefcoe, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.


An Economic Analysis Of Direct Voter Participation In Zoning Change, A. Dan Tarlock Jan 1980

An Economic Analysis Of Direct Voter Participation In Zoning Change, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.


The Minnesota Recreational Use Statute: A Preliminary Analysis, Donald H. Gjerdingen Jan 1977

The Minnesota Recreational Use Statute: A Preliminary Analysis, Donald H. Gjerdingen

Articles by Maurer Faculty

In the past twenty-four years, Minnesota and forty-two other states in an effort to ease the growing burden on public parks and campgrounds have enacted recreational use statutes to encourage private landowners to open their land to the public for recreational use. As incentive, the statutes offer the landowners a limited form of tort immunity if they gratuitously allow entry for recreational use. Despite their simplicity, the possible ramifications of the statutes in the area of premises liability law are far-reaching. This Note analyzes the Minnesota recreational use statute and suggests a theoretical framework for its interpretation.


Impact Of Federal Water Pollution Controls On Local Land Use Decisions, Nicholas L. White Jan 1976

Impact Of Federal Water Pollution Controls On Local Land Use Decisions, Nicholas L. White

Articles by Maurer Faculty

No abstract provided.


Book Review. The Forest Service: A Study In Public Land Management By G. O. Robinson, A. Dan Tarlock Jan 1976

Book Review. The Forest Service: A Study In Public Land Management By G. O. Robinson, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.


Consistency With Adopted Land Use Plans As A Standard Of Judicial Review: The Case Against, A. Dan Tarlock Jan 1975

Consistency With Adopted Land Use Plans As A Standard Of Judicial Review: The Case Against, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.


Land Use Choice: National Prerogative Vs. International Policy, A. Dan Tarlock Jan 1973

Land Use Choice: National Prerogative Vs. International Policy, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.


Book Review. Land Ownership And Use: Statutes And Other Materials By Curtis J. Berger, A. Dan Tarlock Jan 1969

Book Review. Land Ownership And Use: Statutes And Other Materials By Curtis J. Berger, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.


Multiple Interests In Riparian Land, Subdivision Platting, And The Allocation Of Riparian Rights, Sheldon J. Plager, Frank E. Maloney Jan 1968

Multiple Interests In Riparian Land, Subdivision Platting, And The Allocation Of Riparian Rights, Sheldon J. Plager, Frank E. Maloney

Articles by Maurer Faculty

No abstract provided.


Interference With The Public Right Of Navigation And The Riparian Owner's Claim Of Privilege, Sheldon J. Plager Jan 1968

Interference With The Public Right Of Navigation And The Riparian Owner's Claim Of Privilege, Sheldon J. Plager

Articles by Maurer Faculty

Entering a navigable body of water from the upland, and navigating from the point of access to distant points on the same body of water or points on connecting bodies of water, are, for practical purposes, a continua­tion of the same act. Yet they involve significantly different legal concepts and raise significantly different issues. The problems resulting from inter­ference with a riparian owner's right of access to and from his upland are examined in Part I of this article; those involving his right to travel once he has obtained access are the subject of Part II.


A Comment On The 1968 Amendments To Kentucky Planning And Land Use Controls Enabling Legislation, A. Dan Tarlock Jan 1968

A Comment On The 1968 Amendments To Kentucky Planning And Land Use Controls Enabling Legislation, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.


Book Review. The Zoning Game By R. F. Babcock, A. Dan Tarlock Jan 1967

Book Review. The Zoning Game By R. F. Babcock, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.


Kentucky Planning And Land Use Control Enabling Legislation: An Analysis Of The 1966 Revision Of K.R.S. Chapter 100, A. Dan Tarlock Jan 1967

Kentucky Planning And Land Use Control Enabling Legislation: An Analysis Of The 1966 Revision Of K.R.S. Chapter 100, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.


Landowners' Rights In The Air Age: The Airport Dilemma, William Burnett Harvey Jan 1958

Landowners' Rights In The Air Age: The Airport Dilemma, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.


Book Review. Boundary Control And Legal Principles By Curtis M. Brown, Douglass Boshkoff Jan 1958

Book Review. Boundary Control And Legal Principles By Curtis M. Brown, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


Sanctions Against Governmental Violations Of Planning And Zoning Ordinances, Frank Edward Horack Jr. Jan 1957

Sanctions Against Governmental Violations Of Planning And Zoning Ordinances, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.


Land Controls In An Urban Society, Frank Edward Horack Jr. Jan 1956

Land Controls In An Urban Society, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.


How Small A House? -- Zoning For Minimum Space Requirements, Val Nolan Jr., Frank E. Horack Jr. Jan 1954

How Small A House? -- Zoning For Minimum Space Requirements, Val Nolan Jr., Frank E. Horack Jr.

Articles by Maurer Faculty

No abstract provided.


Book Review. Zoning Cases In The United States By Edward M. Bassett And Frank B. Williams, Frank Edward Horack Jr. Jan 1928

Book Review. Zoning Cases In The United States By Edward M. Bassett And Frank B. Williams, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.


Private Ownership -- Its Characteristics And Legal History In The United States, Hugh Evander Willis Jan 1924

Private Ownership -- Its Characteristics And Legal History In The United States, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.