Environmental Law Commons^™

Geoengineering: A Promising Weapon Or An Unregulated Disaster In The Fight Against Climate Change?, J. Brent Marshall

Florida State University Journal of Land Use and Environmental Law

"It seems almost preposterous to buck the trends of holistic systems management and suggest running like the Sorcerer's Apprentice from symptom to symptom. It may also seem as though driving less or cutting fewer trees is simpler than scattering dust particles in the stratosphere. It is certainly more elegant. But when the Damocles' sword of massive biotic disruption is hanging over our heads, we should choose what works."'¹

1. Jay Michaelson, Geoengineering and Climate Management: From Marginality to Inevitability, in CLIMATE CHANGE GEOENGINEERING: PHILOSOPHICAL PERSPECTIVES, LEGAL ISSUES, AND GOVERNANCE FRAMEWORKS 81, 114 (Wil C.G. Burns & Andrew L. Strauss …

Policy Mechanisms, Precedent, And Authority For State Implementation Of Climate Change Agendas, Michael Melli

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Land Use Regulation And Good Intentions, Steven J. Eagle

Florida State University Journal of Land Use and Environmental Law

This Essay surveys contemporary issues in American land use regulation. Its central claim is that, despite good intentions, regulations often have either been ineffective or exacerbated existing problems. The problems underlying regulation include contested understandings of private property rights, continual economic and social change, and a political process prone to ad hoc deal making. Together, they result in regulation that is conceptually incoherent and continually provisional.

The Essay briefly reviews how land use philosophy has changed from early nuisance prevention, through Progressive Era comprehensive planning, to modern views of regulation as transactional. It examines our regulatory takings framework for delineating …

Conflicts And Laudato Si': Ten Principles For Environmental Dispute Resolution, Lucia A. Silecchia

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

The Nation's First Forester-In-Chief: The Overlooked Role Of Fdr And The Environment -- Review Of Douglas Brinkley's Rightful Heritage: Franklin D. Roosevelt And The Land Of America, Michael C. Blumm

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Planning For Density: Promises, Perils And A Paradox, Nicole Stelle Garnett

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Book Review: Michael Faure & Goran Skogh, The Economic Analysis Of Environmental Policy And Law: An Introduction, Greg Goelzhauser

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Unknown Quantity: The Bottled Water Industry And Florida's Springs, Kelly Samek

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

A Review Of Inhalation Exposure To Mold And Adverse Health Outcomes, Amanda S. Persad, Todd Stedeford, Marek Banasik, Tomasz T. Suchecki, Carlos A. Muro-Cacho

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Mycotoxins: Mechanisms For Toxicity And Methods For Identifying Exposed Individuals, Carlos A. Muro-Cach, Todd Stedeford, Marek Banasik, Tomasz T. Suchecki, Amanda S. Persad

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Florida's Housing Trust Fund -- Addressing The State's Affordable Housing Needs, Kristin Larsen

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Extended Producer Responsibility: A Tool For Achieving Sustainable Development, Nicole C. Kibert

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Green Buildings: An Overview Of Progress, Charles J. Kibert

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Litigating Mold Claims: Crisis? What Crisis?, Gregory J. Johansen

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Toxicology And Risk Assessment Of Mycotoxins, Raymond D. Harbison, Todd Stedeford, Marek Banasik, Carlos A. Muro-Cacho

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

The Meaning And Relevance Of Food Security In The Context Of Current Globalization Trends, David Fazzino

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Marine Reserves, The Public Trust Doctrine And Intergenerational Equity, Donna R. Christie

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Proceedings Of The 10th Anniversary Public Interest Environmental Conference: "Shaping Florida's Future: A Decade Of Protecting An Eternity", Erika Zimmerman, Ryan Osborne

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Urban Sprawl: Florida's And Maryland's Approaches, J. Celeste Sakowicz

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Florida's Impaired Waters Rule: Is There A "Method" To The Madness?, Cynthia D. Norgart

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Finding The Development Value Of Wetlands And Other Environmentally Sensitive Lands Under The Extent Of Interference With Reasonable Investment-Backed Expectations, Donald C. Guy, James E. Holloway

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

The Development Of Regional Impact In Florida's Growh Management Scheme: The Changing Role In Regionalism, Joseph Van Rooy

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Is There A There There In Environmental Law?, A. Dan Tarlock

Florida State University Journal of Land Use and Environmental Law

The main question the author poses is: what have environmentalism and environmental regulation contributed to the law? In other words, is environmental law a legitimate field of law? The author answers these questions by discussing the origins and legal foundations of environment law. However, he still questions whether environmental law will someday be extinct. In discussing the jurisprudential sources of environmental law he focuses on legal positivism; sociological jurisprudence; and the legal revolution that focuses on ecosystem integrity concerns of future generations. The discussion continues about the birth of environmental law as a way to compel administrative agencies, private industry …

Recent Developments, Alice F. Harris

Florida State University Journal of Land Use and Environmental Law

This section highlights recent developments in federal and state environmental and land use case law. The section also summarizes Florida Legislation from the 2002 Legislative Session. Readers may also research these topics online at the official website of the Florida Legislature, http://www.leg.state.fl.us, the Florida Department of Environmental Protection's website, http://www.dep.state.fl.us, and the Florida Department of Community Affairs' website, HTTP://www.dca.state.fl.us.

Constitutional Limitations Of State Growth Management Programs, Michael C. Soules

Florida State University Journal of Land Use and Environmental Law

This article focuses on the under-analyzed facet of growth management efforts- their constitutional limitations. The goal is to aid policymakers by providing an analysis of successes and failures of existing state growth management plans. The author first analyzes the general structure of growth management programs in three states: Florida, Oregon, and Vermont. Then the author discusses several different constitutional topics in which he examines the best ways in which any constitutional deficiencies could be corrected while still meeting the goals of growth management. These topics include relevance of regulatory takings, unlawful delegation of power, standing, and due process. The author …

Florida Water Resource Development: A Call For Statewide Leadership, Charles R. Fletcher

Florida State University Journal of Land Use and Environmental Law

In his article, Florida Water Resource Development: A Call for Statewide Leadership, Charles R. Fletcher argues that Florida's current drought is due to a lack of statewide leadership in water resource planning and development. In discussing how Florida might improve its system, Mr. Fletcher surveys water resource development in North Carolina, New York, Texas, Kansas, Arizona, and California. These states offer alternatives to Florida's current system, and Mr. Fletcher identifies a number of proposals to effectively increase water resource development in Florida without the need for revision of Florida's administrative water use permitting system.

Transgenic Salmon And The Definition Of "Species" Under The Endangered Species Act, Blake Hood

Florida State University Journal of Land Use and Environmental Law

This note considers how transgenic Salmon should be classified under the current definition of species in the Endangered Species Act. The author first considers and explains the different historical definitions for species of animals, such as: Taxonomists views of species; the Essentialists views; Darwin's theory of evolution as it relates to the definition of species; Mayr's Biological Species Concept (BCS); and other more general considerations. Following this scientific analysis, the author looks to the Endangered Species Act, its regulations, and judicial definitions of species to examine how lawmakers have defined species. After establishing these differing views on species, the author …

The Seaweed Rebellion: Florida's Experience With Offshore Energy Development, Edward A. Fitzgerald

Florida State University Journal of Land Use and Environmental Law

This article addresses the conflict, commonly called the Seaweed Rebellion, between federal and state governments regarding offshore energy development on the outer continental shelf. It focuses on Florida's involvement in the conflict and follows the evolution of Florida's position from a supporter to an opponent of offshore development. The article discusses the major issues faced by administrations from Franklin D. Roosevelt through George W. Bush and the policies implemented by each. The article recommends the establishment of an ocean management program and provides suggested statutory changes to help Florida protect its coast in the future.

2001 Recommended Web Sites For Threatened And Endangered Species, Luke J. Sherlock

Florida State University Journal of Land Use and Environmental Law

The internet contains a wealth of free information on just about any issue a legal practitioner can come across. Locating the information, though, can be a time consuming and frustrating task. The Journal's annual website review attempts to assist the legal practitioner in taking advantage of the free resources available on the internet when researching environmental and land use law issues. This article is designed to make surfing the net for information more efficient and productive. Past reviews have focused on topics such as Ocean and Coastal law and Wetlands law. This year's review will focus on Endangered Species Web …

Book Review: Halisbury's Laws Of Hong Kong: Town Planning, Michael Purdue

Florida State University Journal of Land Use and Environmental Law

In his thoughtful treatise, Professor Anton Cooray, Professor, School of Law, City University of Hong Kong, examines town planning laws in Hong Kong. This work is the first comprehensive work on Hong Kong planning law and must have involved considerable research. Professor Cooray sets out in considerable detail the main regulatory systems and the many other more specialist regulations that apply such as advertisement and conservation control. The treatment follows the standard Halsbury formula with numbered paragraphs with extensive footnotes. The complex subject matter is set out clearly and logically. The reader is taken gently along in that the main …