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Full-Text Articles in Law

Smart Growth: Finding Mediation Tools For Regional Land Use Disputes, John R. Nolon Dec 2000

Smart Growth: Finding Mediation Tools For Regional Land Use Disputes, John R. Nolon

Pace Law Faculty Publications

Land use oriented border wars occur all over the United States, especially in areas with concentrated populations such as Westchester County. Many of these disputes arise out of local land use control, which usually fails to address regional issues, instead opting to act only in their individual municipal interests. This article describes several possible solutions involving federal, state, regional, and intermunicipal remedies as well as non-governmental solutions such as land use mediation services, to help create regional answers to regional issues.


Smart Growth: Resolving Home Rule Conflicts And Settling Border Wars, John R. Nolon Oct 2000

Smart Growth: Resolving Home Rule Conflicts And Settling Border Wars, John R. Nolon

Pace Law Faculty Publications

Municipalities battle over the use of adjacent lands as land use border wars erupt all over New York. The results of these battles rarely equate to a satisfying solution for both parties. This column delves into flaws of New York law, including the insufficiencies of the State Environmental Quality Review Act (SEQRA), and also documents several cases where municipalities fail to come up with cooperative solutions. However, recent solutions, such as co-lead agencies and joint municipal review boards are beginning to make use of the cooperative authority provided to municipalities by state law, and could be a sign of hope ...


Survey Of Florida Law: Real Property, Ronald B. Brown, Joseph M. Grohman Oct 2000

Survey Of Florida Law: Real Property, Ronald B. Brown, Joseph M. Grohman

Faculty Scholarship

No abstract provided.


Smart Growth: Wetlands Protection Invites Reflection On Federal Law, John R. Nolon Aug 2000

Smart Growth: Wetlands Protection Invites Reflection On Federal Law, John R. Nolon

Pace Law Faculty Publications

Although land use regulation at the federal, state, and local level are independent entities, integrating their functions may prove to be a successful method to facilitate smart growth and to protect wetlands. This article examines environmental regulation for wetlands at several levels of government. Specifically, this feature discusses federal command and control environmental laws and state government (New York and Connecticut) regulation efforts, which are justified though state sovereign police power. Also discussed, is the role of local government to act within their jurisdictions, and how governmental forces may agree upon joint resolutions in order to solve national problems. For ...


Smart Growth: Community Planning Requires Protecting Open Space, John R. Nolon Jun 2000

Smart Growth: Community Planning Requires Protecting Open Space, John R. Nolon

Pace Law Faculty Publications

Smart growth involves two main principles, creating incentives to increase compact development in some areas, and in turn, preserving open space in other areas. The New York legislature has imparted municipal governments with general authority to regulate land and preserve open space. In turn, several tools have developed which are at the disposal of municipal governments including, overlay zoning, floating zones, cluster development and state laws such as the New York State Environmental Quality Review Act (SEQRA). The use of these tools, along with proper training for state and local officials on the subject of smart growth, will render open ...


Growth In Colorado And The West: Trends And Issues [Outline], James N. Corbridge, Jr. Jun 2000

Growth In Colorado And The West: Trends And Issues [Outline], James N. Corbridge, Jr.

Water and Growth in the West (Summer Conference, June 7-9)

4 pages.

Contains references.


Chronic And Emerging Water Issues In The South Platte/Front Range Corridor, James S. Lochhead Jun 2000

Chronic And Emerging Water Issues In The South Platte/Front Range Corridor, James S. Lochhead

Water and Growth in the West (Summer Conference, June 7-9)

16 pages.


Gunnison River: A Local Perspective On Union Park, John R. Hill, Jr. Jun 2000

Gunnison River: A Local Perspective On Union Park, John R. Hill, Jr.

Water and Growth in the West (Summer Conference, June 7-9)

11 pages.


Activities Of The Eagle River Assembly, Douglas Kemper Jun 2000

Activities Of The Eagle River Assembly, Douglas Kemper

Water and Growth in the West (Summer Conference, June 7-9)

14 pages (includes illustrations).


Conjunctive Use In The Denver Basin: The Three Way Agreement, Peter D. Binney Jun 2000

Conjunctive Use In The Denver Basin: The Three Way Agreement, Peter D. Binney

Water and Growth in the West (Summer Conference, June 7-9)

14 pages.

Contains references.


Potential For Coordinated Facilities Management Along The Northern Front Range, Marc Waage Jun 2000

Potential For Coordinated Facilities Management Along The Northern Front Range, Marc Waage

Water and Growth in the West (Summer Conference, June 7-9)

2 pages.


Emerging Demands In The Colorado Headwaters, Taylor Hawes Jun 2000

Emerging Demands In The Colorado Headwaters, Taylor Hawes

Water and Growth in the West (Summer Conference, June 7-9)

8 pages.


Doing More With Less: Remaining Opportunities For “Tuning The System”: The Potential For Central Valley System-Wide Conjunctive Water Management, Gregory A. Thomas Jun 2000

Doing More With Less: Remaining Opportunities For “Tuning The System”: The Potential For Central Valley System-Wide Conjunctive Water Management, Gregory A. Thomas

Water and Growth in the West (Summer Conference, June 7-9)

30 pages (includes illustrations).

Contains footnotes.


Protecting Instream Flows In Prior Appropriation States: Legal And Policy Issues, Janet C. Neuman Jun 2000

Protecting Instream Flows In Prior Appropriation States: Legal And Policy Issues, Janet C. Neuman

Water and Growth in the West (Summer Conference, June 7-9)

17 pages.


Groundwater And Growth Management In The New West: Evolving Law And Practice, A. Dan Tarlock Jun 2000

Groundwater And Growth Management In The New West: Evolving Law And Practice, A. Dan Tarlock

Water and Growth in the West (Summer Conference, June 7-9)

13 pages.


The Water Development-Growth Relationship: Case Studies, Edward F. Harvey Jun 2000

The Water Development-Growth Relationship: Case Studies, Edward F. Harvey

Water and Growth in the West (Summer Conference, June 7-9)

7 pages.


Water, Growth And The Endangered Species Act, Holly Doremus Jun 2000

Water, Growth And The Endangered Species Act, Holly Doremus

Water and Growth in the West (Summer Conference, June 7-9)

24 pages.


Regionalized Water Management: An Evolving Hydrocommons?, Gary D. Weatherford Jun 2000

Regionalized Water Management: An Evolving Hydrocommons?, Gary D. Weatherford

Water and Growth in the West (Summer Conference, June 7-9)

26 pages.

Contains footnotes and 8 pages of references.


Agenda: Water And Growth In The West, University Of Colorado Boulder. Natural Resources Law Center, The William And Flora Hewlett Foundation Jun 2000

Agenda: Water And Growth In The West, University Of Colorado Boulder. Natural Resources Law Center, The William And Flora Hewlett Foundation

Water and Growth in the West (Summer Conference, June 7-9)

1 v. (various pagings) : ill., maps ; 29 cm. + 1 CD-ROM (4 3/4 in.) + supplement (207 p. ; 29 x 24 cm.)

"Conference co-sponsor The William and Flora Hewlett Foundation."

Conference moderators included University of Colorado School of Law professors Gary C. Bryner, James N. Corbridge, Jr., David H. Getches, Douglas S. Kenney, Kathryn M. Mutz, Peter D. Nichols and Charles F. Wilkinson.

Accompanied by: CD-ROM (4 3/4 in.) and supplement (xiv, 140, [49] p.)

Includes bibliographical references

The event will cover a breadth of issues, including demographics and water-use trends, improved planning and efficient use, implementation of TMDL and ...


Key Trends In Population And Land Use In The West, William E. Riebsame Jun 2000

Key Trends In Population And Land Use In The West, William E. Riebsame

Water and Growth in the West (Summer Conference, June 7-9)

9 pages (includes illustrations and maps).

Contains 1 page of references.


The Effects Of Development On Indian Water Rights: Obstacles And Disincentives To Development Of Indian Water Rights, Jerilyn Decoteau Jun 2000

The Effects Of Development On Indian Water Rights: Obstacles And Disincentives To Development Of Indian Water Rights, Jerilyn Decoteau

Water and Growth in the West (Summer Conference, June 7-9)

17 pages.

Contains references.


Coordinated Planning For Water And Land Use: Is It Worth Considering?, Larry Morandi Jun 2000

Coordinated Planning For Water And Land Use: Is It Worth Considering?, Larry Morandi

Water and Growth in the West (Summer Conference, June 7-9)

10 pages.

Contains 1 page of references.


Growth, Water, And Environmental Values, Bruce C. Driver, Bart Miller Jun 2000

Growth, Water, And Environmental Values, Bruce C. Driver, Bart Miller

Water and Growth in the West (Summer Conference, June 7-9)

17 pages.


The Social Costs Of Moving Water In Northern New Mexico, David Benavides Jun 2000

The Social Costs Of Moving Water In Northern New Mexico, David Benavides

Water and Growth in the West (Summer Conference, June 7-9)

15 pages.


Growth Pressures And Tmdls, David G. Davis, Jamal M. Kadri, Teresa J. Norfleet Jun 2000

Growth Pressures And Tmdls, David G. Davis, Jamal M. Kadri, Teresa J. Norfleet

Water and Growth in the West (Summer Conference, June 7-9)

18 pages.


Metropolitan Water Supply Investigation Final Report: Report To The Colorado Water Conservation Board, January 1999, Hydrosphere Resource Consultants, Inc. Et Al. Jun 2000

Metropolitan Water Supply Investigation Final Report: Report To The Colorado Water Conservation Board, January 1999, Hydrosphere Resource Consultants, Inc. Et Al.

Water and Growth in the West (Summer Conference, June 7-9)

207 pages (includes color illustrations and maps).

Contains 5 pages of references.


Smart Growth: Localism: A Theoretical Analysis, John R. Nolon Apr 2000

Smart Growth: Localism: A Theoretical Analysis, John R. Nolon

Pace Law Faculty Publications

This article explores the concept of smart growth, which promotes development in central city districts in an effort to reduce urban sprawl. Specifically, this feature discusses how smart growth is accomplished at all levels of the government, and contrasts top-down versus bottom-up land use control. In the past, local land use initiatives have been mostly unsuccessful at solving larger regional problems. Fears exist among scholars and politicians that federal or state land use legislation will fail to meet the specific individual needs of local governments. However, through the use of state created incentives and other programs, communities in New York ...


America's Green Ports: Environmental Management And Technology At Us Ports, Urban Harbors Institute, University Of Massachusetts Boston Mar 2000

America's Green Ports: Environmental Management And Technology At Us Ports, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

America's Green Ports: Environmental Management and Technology at US Ports is a compendium of case studies presenting a selection of innovative and cost-effective management practices and technologies employed by US ports to avoid, prevent, minimize, mitigate or remediate environmental impacts associated with port development and operations. This compendium of projects is one product of the US EPA, Office of Water’s Green Ports Program. It follows the 1998 publication of the Environmental Management Handbook prepared by the American Association of Port Authorities, also funded by the US EPA's Office of Water. That report provides practical information on incorporating ...


Managing Growth: Local Governments: Drawing The Boundaries, John R. Nolon Feb 2000

Managing Growth: Local Governments: Drawing The Boundaries, John R. Nolon

Pace Law Faculty Publications

Bounded growth, a concept that encourages focused development into compact areas such as preexisting town centers, or areas rich in public transportation, is a necessary concept within the smart growth paradigm. Bounding human growth patterns facilitates the creation of sustainable, eco-friendly land usage. In New York, where the state legislature gives local governments broad authority to perform land use functions, such as bounded growth, municipalities have the option of utilizing controlled growth by amending their comprehensive plans. This article discusses bounded growth and several other underutilized tools municipalities have at their disposal to help promote smart growth by directing development ...


The Snail Darter, The Tellico Dam, And Sustainable Democracy — Lessons For The Next President From A Classic Environmental Law Controversy., Zygmunt J.B. Plater Feb 2000

The Snail Darter, The Tellico Dam, And Sustainable Democracy — Lessons For The Next President From A Classic Environmental Law Controversy., Zygmunt J.B. Plater

Boston College Law School Lectures and Presentations

This presentation was the product of an invitation to speak at a symposium for students and faculty from a variety of different non-law departments at the University of Tennessee, where in 1973 I had started what became a six-year legal campaign to divert the Tennessee Valley Authority from impounding the last flowing 33 miles of the Little Tennessee River behind TVA’s Tellico Dam.