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Full-Text Articles in Land Use Law
Our Town: Local Governments Play Larger Role In Environmental Policy, John R. Nolon
Our Town: Local Governments Play Larger Role In Environmental Policy, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
People normally perceive environmental law to be a piecemeal of federal laws mostly concerned with terminating pollution from point sources, such as smoke stacks or water pipes. Land use law on the other hand, is normally a local undertaking, often ignoring national or even regional issues. Today’s new breed of environmental problems, such as sprawl, require that different levels of government work together to create a comprehensively planned land use strategy in order to mitigate long-term environmental degradation. Through the use of financial incentives and other tools, larger bodies of government help encourage local governments to take the necessary steps …
Local Protection: Raising A Matter Of 'Sovereign Concern', John R. Nolon
Local Protection: Raising A Matter Of 'Sovereign Concern', John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Challenges to the expansion of local initiatives aimed at local environmental protection question the powers delegated to municipal governments from the state. New York case precedent suggests that express and implied police power authority conferred from the state to municipalities is a broad concept and includes the power to protect natural resources, scenic views, and other environmental concerns. Through the use of this power, localities are better able to meet the environmental challenges they are faced with by using innovative grass-roots initiatives
Battle For The Ages: Defining Federal Power To Affect Local Land Use, John R. Nolon
Battle For The Ages: Defining Federal Power To Affect Local Land Use, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Under the 10th Amendment, the United States Constitution allows states to control land use within their jurisdiction. The federal government therefore, in its efforts to mitigate environmental damages caused by sprawl and over development, is limited to federal statutes carried about by federal agencies such as the Environmental Protection Agency managed Clean Water Act. Although these federal programs are helpful at reducing pollution from point sources, they are precluded from regulating non-point sources, such as the increased storm water run-off caused by expanding development. Through federally backed programs, states could support regional land use planning that would encourage stronger environmental …
Supreme Court Takes A Look At Takings, John R. Nolon
Supreme Court Takes A Look At Takings, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
In the case of Pazzalo v. Rhode Island the United States Supreme Court reversed a determination by the Rhode Island Supreme Court which held that land owners had no right to sue for a regulatory taking if the land owners purchased title to land on which a preexisting restriction existed. Before this case, the rule in New York also precluded landowners from challenging land use regulations that existed at the time they purchased land. After holding that a regulatory takings challenge existed, the Supreme Court remanded the case back to Rhode Island to decide whether the preexisting regulations affected the …
In Our Backyards: Analyzing Local Authority To Adopt Environmental Laws, John R. Nolon
In Our Backyards: Analyzing Local Authority To Adopt Environmental Laws, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
While the authority of municipalities to partake in land use decisions is a well-established concept, a question often arises concerning local legislative authority to adopt environmental laws. This article discusses some of the arguments advocating local environmental authority by highlighting the correlation between land use law and environmental law. Also discussed in this article, is the authority granted to local governments by the state legislature and court decisions to mitigate adverse environmental impacts.
Smart Growth: The Duty To Supply Water To Developing Regions, John R. Nolon
Smart Growth: The Duty To Supply Water To Developing Regions, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
As land development increases across the United States, concerns grow about sustaining an adequate fresh water supply. In fact, states such as Connecticut, an east coast state, where water is thought to be prevalent in comparison to many western states, are already facing water shortages as evidenced by interruptions in stream flow and other factors. Through the use comprehensive governmental action, including smart growth techniques, federal, state, and local governments have an opportunity to mitigate water shortages in states like Connecticut by integrating governmental processes and increases in scientific research.
Our Town: What Is The Role Of Local Government In Environmental Law?, John R. Nolon
Our Town: What Is The Role Of Local Government In Environmental Law?, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The scope of environmental law extends beyond the federal statutes most people associate with protecting the natural world. At both the state and local level, governments have broad authority to protect the environmental integrity within their jurisdiction. State legislation such as New York’s State Environmental Quality Review Act (SEQRA) affect all government actions that may have a negative environmental impact. Furthermore, local governments, using tools originally created to enhance the value and safety of property are now using this authority, and other more novel methods, to mitigate negative environmental impacts. This article gives a brief synopsis on the background of …