Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
- Publication
-
- Faculty Articles and Other Publications (3)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (2)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (2)
- Vanderbilt Law School Faculty Publications (2)
- Articles in Law Reviews & Other Academic Journals (1)
-
- Changing Regulatory Frameworks for Shale Development and "Social License to Operate" (July 24) (1)
- Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9) (1)
- Journal Articles (1)
- Law Faculty Research Publications (1)
- Publications (1)
- Scholarly Works (1)
- Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11) (1)
- Sustainable Use of the West's Water (Summer Conference, June 12-14) (1)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (1)
- The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4) (1)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (1)
- Water, Oil and Gas: Nuts and Bolts of Oil and Gas Leases, Surface Use Agreements, and Water Rights for Non-Oil and Gas Attorneys (September 26) (1)
Articles 1 - 22 of 22
Full-Text Articles in Law
Penn Central Take Two, Christopher Serkin
Penn Central Take Two, Christopher Serkin
Vanderbilt Law School Faculty Publications
Penn Central v. New York City is the most important regulatory takings case of all time. There, the Supreme Court upheld the historic preservation of Grand Central Terminal in part because the City offset the burden of the landmarking with a valuable new property interest—a transferable development right (TDR)—that could be sold to neighboring property. Extraordinarily, 1.2 million square feet of those very same TDRs, still unused for over forty years, are the subject of newly resolved takings litigation. According to the complaint, the TDRs that saved Grand Central were themselves taken by the government, which allegedly wiped out their …
The Durability Of Private Claims To Public Property, Bruce R. Huber
The Durability Of Private Claims To Public Property, Bruce R. Huber
Journal Articles
Property rights and resource use are closely related. Scholarly inquiry about their relation, however, tends to emphasize private property arrangements while ignoring public property — property formally owned by government. The well-known tragedies of the commons and anticommons, for example, are generally analyzed with reference to the optimal form and degree of private ownership. But what about property owned by the state? The federal government alone owns nearly one-third of the land area of the United States. One could well ask: is there a tragedy associated with public property, too? If there is, here is what it might look like: …
Agenda: Water, Oil And Gas: Nuts And Bolts Of Oil And Gas Leases, Surface Use Agreements, And Water Rights For Non-Oil And Gas Attorneys, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Rocky Mountain Land Use Institute (Denver, Colo.), Colorado Bar Association. Natural Resources & Energy Section
Agenda: Water, Oil And Gas: Nuts And Bolts Of Oil And Gas Leases, Surface Use Agreements, And Water Rights For Non-Oil And Gas Attorneys, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Rocky Mountain Land Use Institute (Denver, Colo.), Colorado Bar Association. Natural Resources & Energy Section
Water, Oil and Gas: Nuts and Bolts of Oil and Gas Leases, Surface Use Agreements, and Water Rights for Non-Oil and Gas Attorneys (September 26)
This third program in the Water, Oil, and Gas 101 series was designed to provide those who don’t practice in the area with essential information regarding leases, surface use agreements, siting considerations for oil and gas facilities, the resolution of disputes before the Colorado Oil and Gas Conservation Commission (COGCC), the ins and outs of nontributary and produced nontributary ground water, and water rights as an asset.
Program topics include:
- Oil and Gas Leases
- Surface Use Agreements (SUAs)
- Government’s Role in Authorizing Locations for Oil and Gas Development
- Technical Aspects of Nontributary and Produced Nontributary Ground Water
- Produced Nontributary Ground …
Agenda: Changing Regulatory Frameworks For Shale Development And "Social License To Operate", University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Agenda: Changing Regulatory Frameworks For Shale Development And "Social License To Operate", University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Changing Regulatory Frameworks for Shale Development and "Social License to Operate" (July 24)
Rapid development of unconventional shale resources in recent years has raised a series of regulatory issues both here and abroad. Because of the "distributed" nature of shale development and the significant increase in wells in key basins, local land-use conflicts have also erupted in certain areas of the country, leading to restrictions and moratoria on drilling by state, county, and municipal governments and raising questions about the industry's continued social license to operate in key jurisdictions. This moderated panel discussion will assess the current regulatory framework governing shale gas development and the changing dynamics among federal, state, and local regulation …
Slides: Livestock Grazing On The Public Lands, Joe Feller
Slides: Livestock Grazing On The Public Lands, Joe Feller
The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)
Presenter: Joe Feller, Professor of Law, Arizona State University Law School; Visiting Professor, University of Colorado Law School
33 slides
Promoting Urban Agriculture As An Alternative Land Use For Vacant Properties In The City Of Detroit: Benefits, Problems, And Proposals For A Regulatory Framework For Successful Land Use Integration, John E. Mogk, Sarah Kwiatkowski, Mary J. Weindorf
Promoting Urban Agriculture As An Alternative Land Use For Vacant Properties In The City Of Detroit: Benefits, Problems, And Proposals For A Regulatory Framework For Successful Land Use Integration, John E. Mogk, Sarah Kwiatkowski, Mary J. Weindorf
Law Faculty Research Publications
No abstract provided.
Modernization Of New York's Land Use Laws Continues To Meet Growing Challenges Of Sustainability, Patricia E. Salkin, Jessica A. Bacher
Modernization Of New York's Land Use Laws Continues To Meet Growing Challenges Of Sustainability, Patricia E. Salkin, Jessica A. Bacher
Scholarly Works
There has never been a more challenging time to practice land use planning and zoning law in New York. With goals of sustainability at the forefront of the land use regulatory agenda, this brief account of recent developments in land use law highlights some discernable trends, namely: the modernization and increased flexibility of New York State planning and zoning enabling acts, the inspired local initiatives and lethargic State response to affordable housing issues, and the increasing impact of alternative energy systems on local regulatory schemes.
Part I of this article explores the impacts on community development caused by the many …
Slides: The Big Questions, Doug Kenney
Slides: The Big Questions, Doug Kenney
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Doug Kenney, Natural Resources Law Center, University of Colorado Law School
7 slides
Slides: Linking Growth, Land Use And Water, Jim Holway
Slides: Linking Growth, Land Use And Water, Jim Holway
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Jim Holway, Global Institute of Sustainability, Civil and Environmental Engineering, Arizona Water Institute, Arizona State University
29 slides
Slides: The Roadless Rules And The Roles Of States And Communities, Sharon Friedman
Slides: The Roadless Rules And The Roles Of States And Communities, Sharon Friedman
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Sharon Friedman, Director of Planning, USDA Forest Service, Rocky Mountain Region
13 slides
Slides: Taking The Long View: Doing Something About Climate Change, David Getches, Susan Avery, Maggie Fox, Roger Pielke
Slides: Taking The Long View: Doing Something About Climate Change, David Getches, Susan Avery, Maggie Fox, Roger Pielke
Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)
Presenter: Maggie Fox, President, America Votes, Boulder, CO.
Presenter: Susan Avery, Interim Provost and Executive Vice-Chancellor for Academic Affairs, University of Colorado.
Presenter: Roger Pielke, Jr., Professor, Environmental Studies, Center for Science and Technology Policy Research, University of Colorado.
4 slides.
Farms, Their Environmental Harms, And Environmental Laws, J.B. Ruhl
Farms, Their Environmental Harms, And Environmental Laws, J.B. Ruhl
Vanderbilt Law School Faculty Publications
Farms are one of the last uncharted frontiers of environmental regulation in the United States. Despite the substantial environmental harms they cause-habitat loss and degradation, soil erosion and sedimentation, water resources depletion, soil and water salinization, agrochemical releases, animal wastes, nonpoint source water pollution, and air pollution-environmental law has given them a virtual license to do so. When combined, the active and passive safe harbors farms enjoy in most environmental laws amount to an anti-law that finds no rational basis given the magnitude of harms farms cause. This paper comprehensively documents the environmental harms farms cause and the safe harbors …
Collaborative Approaches To Conservation: A Critical Look, Larry Macdonnell
Collaborative Approaches To Conservation: A Critical Look, Larry Macdonnell
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
7 pages.
Administrative Law In The 21st Century, Andrew Popper
Administrative Law In The 21st Century, Andrew Popper
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Sustainability: Myth And Reality, Kai Lee
Sustainability: Myth And Reality, Kai Lee
Sustainable Use of the West's Water (Summer Conference, June 12-14)
23 pages (includes illustrations).
Contains references.
Livestock Grazing On Public Lands: Procedures And Issues, E. T. Bartlett
Livestock Grazing On Public Lands: Procedures And Issues, E. T. Bartlett
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
17 pages.
Contains references.
Siting Industrial Facilities In The Western United States, Joseph Browder
Siting Industrial Facilities In The Western United States, Joseph Browder
External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)
24 pages.
Contains references.
Legal Issues Associated With Protecting Park Resources: Air Quality And Related Values, Molly N. Ross
Legal Issues Associated With Protecting Park Resources: Air Quality And Related Values, Molly N. Ross
External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)
109 pages.
Contains references.
Contains 5 attachments:
1) United States Department of the Interior Memorandum, September 20, 1985: Protection of National Park System Units from the Adverse Effects of Air Pollution.
2) Library of Congress Congressional Research Service Memorandum, November 19, 1985: Comments on Department of the Interior Memorandum of September 20, 1985 Entitled "Protection of National Park System Units from the Adverse Effects of Air Pollution."
3) United States Department of the Interior Memorandum, May 15, 1986: Legal Authority of the Secretary to Protect the Air Quality and Related Values of NPS Units from Adverse Impacts of Surface Coal …
Book Review, Howard C. Klemme
Compensable Regulations And An Alternative Compensation System, Joseph P. Tomain
Compensable Regulations And An Alternative Compensation System, Joseph P. Tomain
Faculty Articles and Other Publications
The traditional dichotomy between governmental regulation and takings law no longer represents a viable means of accomplishing present day societal or individual goals with respect to land use. This author believes that a system can be created that considers both the interests of the government and the individual, attempting to reach an equitable and practical result with respect to each. This article explores the potential use of an alternative compensation system relating to governmental activity in the field of land use-a system based not upon the highest and best use principle, but rather upon the use of compensable regulations. The …
Elimination Of The Highest And Best Use Principle: Another Path Through The Middle Way, Joseph P. Tomain
Elimination Of The Highest And Best Use Principle: Another Path Through The Middle Way, Joseph P. Tomain
Faculty Articles and Other Publications
Traditional land use law categorizes governmental activities that affect the value of private property as exercises of either the state's police power or eminent domain power. This dichotomy has created what Professor John J. Costonis describes as the "disparity issue": if in a legitimate exercise of its police power a state reduces the value of land, no compensation is required; if the governmental action devalues land too much, however, it is deemed a taking within the eminent domain power and full compensation according to the land's "highest and best use" is required. Often, this compensation exceeds the land's present value. …
Land Use Controls In Iowa, Joseph P. Tomain
Land Use Controls In Iowa, Joseph P. Tomain
Faculty Articles and Other Publications
Land use controls in Iowa, as in other states, exist in a variety of forms. Both the substance and structure of these controls continually change to meet the needs of a developing society. Recent and rapid technological growth, together with the spread of population, indicate that there is a growing interdependence between land use and land users. As a result of this interdependence and the complex nature of our technological and economic environment, the number of governmental regulations is increasing rapidly. This Article will focus on the two predominant governmental controls utilized in Iowa-zoning and planning. Next, the Article will …