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Ceqa Analysis Of Development Displaced By Rejected Projects, George Lefcoe Jul 2006

Ceqa Analysis Of Development Displaced By Rejected Projects, George Lefcoe

University of Southern California Legal Studies Working Paper Series

In order to prevent the avoidable environmental degradation that often accompanies new development, the California Environmental Quality Act (CEQA) requires state and local decision makers to consider the potential environmental impacts of their discretionary approvals, even when they are voting entitlements for purely private development projects. California cities are burdened with notoriously underfunded transportation infrastructure and poor air quality, so CEQA findings can be marshaled to justify rejection of almost any proposed project. Because of California’s staggeringly high growth rates, projects rejected at one location are likely to find their way to another site within the same market area ...


House Of The Setting Sun: New Orleans, Katrina, And The Role Of Historic Preservation Laws In Emergency Circumstances, Annie Christoff May 2006

House Of The Setting Sun: New Orleans, Katrina, And The Role Of Historic Preservation Laws In Emergency Circumstances, Annie Christoff

Georgetown Law Historic Preservation Papers Series

In the aftermath of Hurricane Katrina, while various government bodies scrambled to address the myriad tragedies and emergencies that arose from the disaster, one critical question went largely unanswered and ignored: What was to become of the historic homes damaged in the storm and ensuing flood?

Obviously this question was of secondary concern at the time—where human life and safety are imperiled, the primary focus of government officials should be on restoring order and ensuring their constituents are protected. Precisely because of the existence of more pressing issues in a time of emergency, therefore, it is important to have ...


Productive Preservation And The Reinvention Of Industrial America, Jonathan Flynn Apr 2006

Productive Preservation And The Reinvention Of Industrial America, Jonathan Flynn

Georgetown Law Historic Preservation Papers Series

This paper explores the problem of why the traditional model preservation, characterized by a strict and inflexible interpretation of the law, often fails in struggling communities. Particular emphasis is given to early industrial cities, where the existing urban infrastructure and difficult economic situation often conspire to make preservation exceptionally challenging. A solution is proposed for making preservation productive these distressed communities. Through a broader, and more flexible reading of existing law, a major preservation problem may be solved, and history can used as a valuable tool for growth and positive change.