Land Use Law Commons^™

Too Many Humans, Dwindling Resources, And Not Enough Space, Jorge T. Martinez

Environmental and Earth Law Journal (EELJ)

This paper will address the often-overlooked subject of human overpopulation and examine the role it plays in the environmental health of our planet. Part I will define overpopulation and how it is determined, as well as briefly examine animal overpopulations and their effects on the environment. Part II will turn to human population trends, the carrying capacity of humans on earth, and the environmental consequences of human overpopulation. The environmental issues currently faced in China, India, Africa, and other densely populated areas will be explored. Part III will analyze some of the legal solutions that have been implemented to curb …

Equal Protection For Animals, Pat Andriola

Environmental and Earth Law Journal (EELJ)

This paper presents a simple argument: through a Dworkinian moral reading of the Constitution, nonhuman animals fall under the Supreme Court’s equal protection doctrinal framework for suspect classification. Therefore, nonhuman animals are protected by the Fourteenth Amendment. The moral principle underlying equal protection is the ensuring of government’s empathetic and equitable treatment toward not just subgroups of humans (which have been judicially delineated by social constructs of race, gender, sexuality, and other defining characteristics), but toward all sentient beings who may become victim to the “tyranny of the majority.

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.

Regional Framework For Coastal Resilience In Southern Connecticut: Legal, Policy, And Regulatory Assessment, Marine Affairs Institute (Mai), Roger Williams University School Of Law

Sea Grant Law Fellow Publications

No abstract provided.

Environmental Justice And Community-Based Reparations, Catherine Millas Kaiman

Seattle University Law Review

This Article seeks to illuminate the lack of adequate legal remedies that are available for low-income, predominantly minority communities that have suffered historic environmental injustices. The Article not only discusses the lack of adequate legal remedies, but also proposes the use of local, state, and federal reparations programs for communities that have previously suffered environmental injustices; are still living with the effects of environmental injustices, by way of disease, air, soil, and water pollution; or are suffering current and ongoing environmental injustices. As has been recently illustrated by Michigan’s state action of providing lead-contaminated water for over a year to …

Surface Waters And Farmers: Sharing Land Management With The Federal Government, Charles M. Carvell, Jennifer L. Verleger

Mitchell Hamline Law Review

No abstract provided.

Cartways—An Ancient Relic Disturbing Today's Rural Landscape?, Sarah R. Jewell

Mitchell Hamline Law Review

No abstract provided.

Rural Justice In North Dakota, Kathyrn R.L. Rand, Joseph A. Wetch, Gail Hagerty, Tony J. Weiler

Mitchell Hamline Law Review

No abstract provided.

This Land Is Not For Sale, Derrick Braaten

Mitchell Hamline Law Review

No abstract provided.

Big Fish, Small Sea: Big Companies In Small Towns, Christyne J. Vachon

Mitchell Hamline Law Review

No abstract provided.

Space For Local Content Policies And Strategies, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

This paper explores both the role that local content measures can play in advancing sustainable development, and the impact that trade and investment treaties concluded over the past 20 years have had and will continue to have on the ability of governments to employ those tools. Certain local content measures had been restricted under the WTO due to wide agreement by negotiating parties that their costs outweigh their benefits. But the WTO also left a number of local content measures in governments’ policy toolboxes. As is discussed in this paper, however, that is changing, with the range of permissible actions …

A Policy Framework To Approach The Use Of Associated Petroleum Gas, Shay Banerjee, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

CCSI developed "A Policy Framework to Approach the Use of Associated Petroleum Gas."

Associated Petroleum Gas (APG) is a form of natural gas that is found associated with petroleum fields. APG is often flared or vented for regulatory, economic or technical reasons. The flaring, however, is problematic from health and environmental perspectives. Moreover, flaring and venting APG wastes a valuable non-renewable resource that could be re-injected into the oil field or used for local and regional electricity generation.

This framework aims at providing guidance for regulators, policymakers, and industry leaders seeking to develop practical approaches to unlock the economic value …

Submission To The Sec On Addressing Land Tenure Risks Through Regulation S-K, Kaitlin Y. Cordes

Columbia Center on Sustainable Investment Staff Publications

In July 2016, CCSI sent a submission to the Securities and Exchange Commission (SEC) to provide input into how land tenure risks could be addressed through disclosure requirements for public companies. The SEC was seeking input into modernizing business and financial disclosure requirements in Regulation S-K, including whether Regulation S-K should be amended to require disclosure of public policy and sustainability information. CCSI argued that, due to the significant financial risk created by land tenure disputes in countries with weak or transitioning land governance systems, companies should be required to report on land tenure risks. Disclosure should be required for …

Mapping Mining To The Sustainable Development Goals: An Atlas, Columbia Center On Sustainable Investment, Sustainable Development Solutions Network, United Nations Development Programme, World Economic Forum

Columbia Center on Sustainable Investment Staff Publications

CCSI has been working with the World Economic Forum, United Nations Development Programme (UNDP), and the UN Sustainable Development Solutions Network (SDSN) to create a shared understanding of how the mining industry can most effectively contribute to the SDGs. The report will help mining companies navigate where their activities – from exploration, through operations and mine closure – can help the world achieve the SDGs. Governments, civil society and other stakeholders can also identify opportunities for shared action and partnership with the industry.

A draft report of Mapping Mining to the Sustainable Development Goals: A Preliminary Atlas was released for …

Employment From Mining And Agricultural Investments: How Much Myth, How Much Reality?, Kaitlin Y. Cordes, Olle Östensson, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

Employment creation is often seen as a key benefit of investment in natural resources. However, this benefit sometimes falls short: job estimates may be inflated, governmental policies may fail to maximize employment generation, and, in some cases, investments may lead to net livelihood losses. A more thorough examination of employment tied to mining and agricultural investments is thus useful for assessing whether and how employment from natural resource investments contributes to sustainable economic development – a particularly timely topic as countries consider how they will achieve the Sustainable Development Goals adopted in 2015.

This report aims to clarify the processes …

Perspectives - Emmy Award-Winning Producer And Director Thomas Kaufman, James Hagy, Colin Pearce

Rooftops Project

What makes an effective message when asking for donations to a capital project using video and streaming media? Professor James Hagy and Rooftops Team member Colin Pearce asked Emmy Award-winning producer and director Tom Kaufman after screening his remarkable two-minute video for the Playtime Project, the goal of which was to fund construction of a children’s playground for a large homeless shelter in a converted, former general hospital in the District of Columbia.

Perspectives - Marty Festenstein Of Nelson, James Hagy, Jennessy Angie Rivera

Rooftops Project

Interior Design Professional Marty Festenstein shares insights on the design process for tenant spaces with Professor James Hagy and Rooftops Project team member Jennsessey Rivera.

Perspectives - Susanna Fodor Of Scarola Malone Zubatov, James Hagy, Alicia Langone

Rooftops Project

In a recent visit with the Rooftops Project's Alicia Langone and Professor James Hagy, construction lawyer Susanna Fodor offers views on the tenant improvement process when a not-for-profit organization selects space to lease and on routine repair and renovation projects for properties a not-for-profit may own.

Pengekploitasian Tanah Ulayat Berbasis Sistem Ekonomi Kerakyatan Yang Berkeadilan Sosial Dan Berkesinambungan, Zulheri Zulheri

Jurnal Hukum & Pembangunan

This article aims to visualize a concept for an appropriate exploitation of tanah ulayat (lands traditionally owned by local community/LTOBLC). This concept would reform the use of LTOBLC to welfare the local society. To envision this idea, this research identified the problems that the lack of scheme for managing the LTOBLC and misconception the principle of social justice as mentioned at the fifth Sila of Pancasila has disabled the local community to come out from the long-term structured poverty since the Dutch colonialism until now. Therefore, this research offers a new scheme dealing with the use of LTOBLC that required …

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Abating Neighborhood Blight With Collaborative Policy Networks—Where Have We Been? Where Are We Going?, Kermit J. Lind

Law Faculty Articles and Essays

Blight is a term with multiple meanings and a complex legal and policy history in the United States. Currently, blight and its community costs are frequently associated with vacant and often foreclosed homes, defective and abandoned buildings, litter, vacant lots, and graffiti. As a legal and policy term, blight has roots in the common law definitions of public nuisance. Researchers and scholars in other disciplines have cited blighted neighborhoods as both a cause and symptom of larger socioeconomic problems such as poverty, crime, poor public health, educational deficits, and other personal or systemic distress.

This Article traces the seeds of …

The Fair Market Value Of Public Resources, Bruce R. Huber

Bruce R Huber

This Article explores the problem of public resource sales with particular reference to natural resources managed by the federal government. Lands owned by the United States hold trillions of dollars' worth of natural resources. Federal agencies earn billions in annual revenue from resource sales, yet critics assert that billions more could be reaped if resources were sold for a fair price. Although federal law has increasingly required that agencies price resources at fair market value, this requirement is surprisingly difficult to interpret and even more dfficult to implement and enforce. This Article analyzes the various forces that bear on public …

Mariculture: A New Ocean Use, J. Owens Smith, David L. Marshall

Georgia Journal of International & Comparative Law

No abstract provided.

Proactive Natural Disaster Recovery And Resilience In The Northeast: Should Governments Exercise Buyout Programs And, If Necessary, Eminent Domain, To Prevent Disaster?, Stellina Napolitano

Pace Environmental Law Review

In light of the devastation left behind by the three most recent natural disasters in the northeast region—Hurricane Irene, Tropical Storm Lee, and Superstorm Sandy—local and state governments are now implementing “buyout programs” in order to protect the future of beachfront and flood-prone communities. These programs may not be a perfect solution, so, while positions differ on whether to pursue taking private properties by use of eminent domain, it may be a favorable option in order to attain the ultimate goal of safety and resilience against future disaster. Section II of this paper will analyze the background and impacts that …

Do Community Benefits Agreements Benefit Communities?, Edward W. De Barbieri

Faculty Scholarship

No abstract provided.

Drought And California's Role In The Colorado River Compact, Ciara Dineen

Journal of Legislation

No abstract provided.

Further Developments In Land Use Ethics, Patricia E. Salkin, Darren Stakey

Patricia E. Salkin

Ethical considerations continue to play a fundamental role in shaping the course of land use and developmental regulatory proceedings throughout the country. From an innocuous donation by one public official to his alma mater, to the outright bribery of a former mayor, the past year has been rife with a range of conduct implicating professional responsibility and land use.

Micro-Housing In Seattle: A Case For Community Participation In Novel Land Use Decisions, Patrick Carter

Seattle University Law Review

Rather than relying solely on the formal interpretations of government regulators invited by the structure of local zoning ordinances, the City of Seattle should adopt a process that invites community-based mediation and problem-solving when a significant shift in housing density is contemplated in a developer’s proposal. Greater resident participation in development projects allows the City of Seattle to better support those residents in their reliance interests arising from zoning ordinances while simultaneously furthering the policies that underpin urban zoning. This is especially true when such development projects raise the possibility of substantial impacts on the character of a community or …