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State and Local Government Law Commons™
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- Institution
- Publication Year
- Publication
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- Elisabeth Haub School of Law Student Publications (11)
- Pace Environmental Law Review (5)
- Pace Law Review (4)
- Shale Plays in the Intermountain West: Legal and Policy Issues (November 12) (4)
- Elisabeth Haub School of Law Faculty Publications (3)
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- Best Management Practices (BMPs): What? How? And Why? (May 26) (1)
- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (1)
- Environmental Law Program Publications @ Haub Law (1)
- Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20) (1)
- Michigan Journal of Environmental & Administrative Law (1)
- NYLS Law Review (1)
- Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14) (1)
- Pepperdine Law Review (1)
- St. Mary's Law Journal (1)
- Touro Law Review (1)
- Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3) (1)
- Publication Type
Articles 1 - 30 of 38
Full-Text Articles in State and Local Government Law
Beyond Localism: Harnessing State Adaptation Lawmaking To Facilitate Local Climate Resilience, Sarah J. Adams-Schoen
Beyond Localism: Harnessing State Adaptation Lawmaking To Facilitate Local Climate Resilience, Sarah J. Adams-Schoen
Michigan Journal of Environmental & Administrative Law
Notwithstanding the need for adaptation lawmaking to address a critical gap between climate-change related risks and preparedness in the United States, no coherent body of law exists that is aimed at reducing vulnerability to climate change. As a result of this gap in the law, market failures, and various “super wicked” attributes of hazard mitigation planning, local communities remain unprepared for present and future climate-related risks. Many U.S. communities continue to employ land-use planning and zoning practices that, at best, fail to mitigate these hazards, and, at worst, increase local vulnerability. Even localities that have implemented otherwise robust adaptation plans …
Armageddon: The Inevitable Death Of Nuclear Power And Whether New York State Has The Legal Authority To Keep It On Life Support, David Solimeno
Armageddon: The Inevitable Death Of Nuclear Power And Whether New York State Has The Legal Authority To Keep It On Life Support, David Solimeno
Pace Environmental Law Review
This Note seeks to make the argument for New York’s ZEC program as a legitimate exercise of state power. Part I provides context—the history of nuclear power, the rise and fall in the incidence of nuclear power projects, and why such investments are failing. Part II then provides an overview of the CES and the ZEC program contained therein. In Part III, the legal challenges filed in response to Tier 3 are discussed, as well as the Illinois case which parallels the conventional generator challenge in New York. Part III will also discuss relevant legal precedent the cases concern, namely …
Report And Recommendations Concerning Environmental Aspects Of The New York State Constitution, New York State Bar Association Environmental And Energy Law Section
Report And Recommendations Concerning Environmental Aspects Of The New York State Constitution, New York State Bar Association Environmental And Energy Law Section
Pace Law Review
The purpose of the Report is to inform and enrich understanding of environmental issues which may be considered at a Constitutional Convention (should one occur) or with respect to proposals to amend the Constitution through the legislative process.
Updating New York’S Constitutional Environmental Rights, Nicholas A. Robinson
Updating New York’S Constitutional Environmental Rights, Nicholas A. Robinson
Pace Law Review
The stakes are high as New York State considers whether to amend the constitution. The electorate contemplates the gathering crises of sea level rise, disruption of weather patterns, intensified summer heat waves, and other climate change impacts. New York also faces escalating environmental problems, which the newly perceived climate impacts in turn exacerbate. It is timely to debate whether or not New York should recognize the right to the environment to its constitution. In 2016, the House of Delegates of the New York State Bar Association adopted the report of its committee on the constitution, regarding the environmental conservation article …
Subnational Environmental Constitutionalism And Reform In New York State, James R. May
Subnational Environmental Constitutionalism And Reform In New York State, James R. May
Pace Law Review
The State of New York’s constitution was perhaps the first in the world to embody environmental constitutionalism, most directly in what is known as its “Forever Wild” mandate from 1894. In contrast to many subnational environmental provisions, courts in New York have regularly enforced Forever Wild. New York’s Constitution also contains a remarkable mandate that every twenty years voters decide whether to hold elections for delegates to convene a convention to amend the state’s constitution, with the next such opportunity on November 7, 2017. This article explores how subnational constitutionalism from around the world informs discussions about whether and how …
Environmental Human Rights In New York’S Constitution, Nicholas A. Robinson
Environmental Human Rights In New York’S Constitution, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
There is an environmental case to be made in favor of convening a Constitutional Convention. On the 200th anniversary birth of Henry David Thoreau, we can remember his admonition: “Live in each season as it passes; breathe the air, drink the drink, taste the fruit, and resign yourself to the influence of the earth.” What has this to do with the Constitution?
Labor Leading On Climate: A Policy Platform To Address Rising Inequality And Rising Sea Levels In New York State, J. Mijin Cha
Labor Leading On Climate: A Policy Platform To Address Rising Inequality And Rising Sea Levels In New York State, J. Mijin Cha
Pace Environmental Law Review
With the renewed need for state action, this paper presents a case study of a labor-led initiative in New York State that seeks to address both economic inequality and the climate crisis. It discusses how organized labor, which has historically represented fossil fuel workers and has not been seen as a traditional climate ally, put forth a comprehensive climate jobs plan that could meaningfully reduce carbon emissions while also creating good, family-sustaining jobs to reduce income inequality. As the need for a broader coalition to advocate for sensible climate policy increases, this case study provides a road map for states …
Transition Support Mechanisms For Communities Facing Full Or Partial Coal Power Plant Retirement In New York, Lisa Anne Hamilton, Radina Valova, Karl R. Rábago
Transition Support Mechanisms For Communities Facing Full Or Partial Coal Power Plant Retirement In New York, Lisa Anne Hamilton, Radina Valova, Karl R. Rábago
Environmental Law Program Publications @ Haub Law
New York State is undergoing a rapid and unprecedented energy transformation, particularly in the electricity sector. As new resources and technologies emerge to meet the demands of 21st century life, regulators must balance the need for cost effective and equitable participation in wholesale power markets while maintaining reliability on the grid. Furthermore, it is critical that all New Yorkers participate fully in the promise of a revitalized and equitable energy future. Such a transformation requires that the needs of all communities are factored into the polices and regulations that move New York toward the bold goals set forth under its …
A Sitting Duck: Local Government Regulation Of Hunting And Weapons Discharge In The State Of New York, Gary E. Kalbaugh
A Sitting Duck: Local Government Regulation Of Hunting And Weapons Discharge In The State Of New York, Gary E. Kalbaugh
Pace Environmental Law Review
On March 31, 2014, the New York State Legislature significantly modified New York's Environmental Conservation Law. The Environmental Conservation Law imposes limitations on the discharge of longbows. A longbow is defined by New York's Department of Environmental Conservation as “a longbow, recurve bow or compound bow which is designed to be used by holding the bow at arm's length, with arrow on the string, and which is drawn, pulled and released by hand or with the aid of a hand-held trigger device attached to the bowstring.”
Before the 2014 amendment, longbows could not be discharged in such a way that …
The Tyranny Of Plastics: How Society Of Plastics, Inc. V. County Of Suffolk Prevents New Yorkers From Protecting Their Environment And How They Could Be Liberated From Its Unreasonable Standing Requirements, Albert K. Butzel, Ned Thimmayya
The Tyranny Of Plastics: How Society Of Plastics, Inc. V. County Of Suffolk Prevents New Yorkers From Protecting Their Environment And How They Could Be Liberated From Its Unreasonable Standing Requirements, Albert K. Butzel, Ned Thimmayya
Pace Environmental Law Review
Ever since the Court of Appeals of New York issued its holding in the landmark case Society of Plastics Industry, Inc. v. County of Suffolk, citizen oversight of government-approved and government projects with environmental implications has suffered curtailment inconsistent with the objectives of the State Environmental Quality Review Act (SEQRA). At the center of the conflict between SEQRA and citizen enforcement are the restrictive standing requirements formulated by Society of Plastics, which include the demand that a petitioner demonstrate harm distinct from injury to the general public. Not only does such a prerequisite for consideration of a case's merits ignore …
Incorporating Ny Land Banks Into The Delinquent Property Tax Enforcement Processes, J. Justin Woods
Incorporating Ny Land Banks Into The Delinquent Property Tax Enforcement Processes, J. Justin Woods
Elisabeth Haub School of Law Student Publications
This article argues that New York municipalities should integrate land banks into the tax enforcement process to break the unhealthy cycle perpetuated by real estate and lien speculators. By transferring all tax liens and foreclosed properties to local land banks, municipalities can generate an important funding source that will help cover land banks' operations while simultaneously maximizing land banks' ability to reinvest lien proceeds and equity into redeveloping or demolishing properties with little or no value. If New York municipalities use their Land Bank Act powers fully, local and regional land bank efforts can become a vital tools for planning …
The Executive And The Environment: A Look At The Last Five Governors In New York, Patricia E. Salkin
The Executive And The Environment: A Look At The Last Five Governors In New York, Patricia E. Salkin
Pace Environmental Law Review
Gubernatorial leadership is the single most important indicator of how sustainable New York will be when it comes to issues of environmental protection and conservation. In preparing for the Kerlin Lecture, one of the things that struck me is that New York governors for at least the last thirty years have consistently identified the critical economic, social, and environmental challenges facing this state. Is it simply political rhetoric to decry that the state is in terrible fiscal shape, that programs need to be funded to help those is need, and that we must pay attention to stewarding the environment today …
Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project
Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project
Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)
Presenter: Matt Samelson, J.D., Attorney, Consultant for Intermountain Oil and Gas Best Management Practices (BMP) Project, Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School
34 slides
The California Environmental Quality Act (Ceqa) After Two Decades: Relevant Problems And Ideas For Necessary Reform, Sean Stuart Varner
The California Environmental Quality Act (Ceqa) After Two Decades: Relevant Problems And Ideas For Necessary Reform, Sean Stuart Varner
Pepperdine Law Review
No abstract provided.
Slides: The Costs And Benefits Of Best Management Practices: Insights From The Marcellus Shale, Timothy J. Considine
Slides: The Costs And Benefits Of Best Management Practices: Insights From The Marcellus Shale, Timothy J. Considine
Best Management Practices (BMPs): What? How? And Why? (May 26)
Presenter: Timothy J. Considine, School of Energy Resources, Department of Economics and Finance, University of Wyoming
15 slides
Wildlife Management And The Forest Preserve, Jeffrey Auger
Wildlife Management And The Forest Preserve, Jeffrey Auger
Elisabeth Haub School of Law Student Publications
The forever wild language of Article XIV of the New York State Constitution has sparked debate and controversy ever since its enactment. This paper examines how the Forest Preserves affect wildlife contained within the “wild forest lands” protected under Article XIV. Through examining the history of the article’s adoption it becomes clear that wildlife concerns were a chief motivating factor in preserving these forests. The paper then examines how wildlife is managed in New York, and discusses certain practices that may have implications on the “forever wild” designation. The economic and social benefits of hunting, fishing, and hiking for New …
A Trusting Public: How The Public Trust Doctrine Can Save The New York Forest Preserve, Katherine R. Leisch
A Trusting Public: How The Public Trust Doctrine Can Save The New York Forest Preserve, Katherine R. Leisch
Elisabeth Haub School of Law Student Publications
The public trust doctrine was instituted in England as a permanent limitation on the powers of the Crown. The well-established doctrine was brought to America and applied equally in the states even after the states seceded from England. The doctrine has since served as an indestructible check on the government. Article XIV of the New York State Constitution ensures protection of its wilderness in perpetuity, solidifying the forest preserve as part of the public trust. The paper traces the beginnings of the public trust doctrine and its eventual application Article XIV. The author contemplates the indestructibility of the Forest Preserve …
Concerning The Constitutionality Of Hydro-Fracking The Marcellus Shale, Sean Dillon
Concerning The Constitutionality Of Hydro-Fracking The Marcellus Shale, Sean Dillon
Elisabeth Haub School of Law Student Publications
The entire Marcellus Shale, from the Catskills of New York down to the northwestern border of West Virginia, is estimated to contain as little as 168 to as much as 516 trillion cubic feet of natural gas, resulting in major “shale play” in the region. If calculations are accurate, the Marcellus Shale may be one of the largest potential sources of any type of energy in this country. But the prospect of mining the Marcellus Shale is not without its downfalls. The extraction method to be used in these operations - a technique called hydraulic fracturing, also known as “hydro-fracking” …
Two Endangered Species In The Adirondacks In The Context Of Constitutional “Wilderness”, Michael A. Dibrizzi
Two Endangered Species In The Adirondacks In The Context Of Constitutional “Wilderness”, Michael A. Dibrizzi
Elisabeth Haub School of Law Student Publications
Our society has developed with a distinct homocentric view toward the natural world and all of its inhabitants. Wildlife has mostly been regarded as the exclusive chattel of man to dispense with at his discretion. This attitude has led to the extinction of some species and near extinction of many others. Through legislation, lawmakers have attempted to regulate management and exploitation of different species, with varying success. The goal of good environmental regulations is to break from traditional views; regulations in recognizing man’s superiority and control over the natural world will impose a responsibility on man to protect and preserve …
“Forever Wild”: Legal Aspects Of Natural Resource Extraction In And Around The New York State Forest Preserve, Michael D. Henderson
“Forever Wild”: Legal Aspects Of Natural Resource Extraction In And Around The New York State Forest Preserve, Michael D. Henderson
Elisabeth Haub School of Law Student Publications
Since its inception in 1894, Article XIV of the New York State Constitution has served as a baseline for environmental protection of the New York Forest Preserve. Yet today it has become apparent to those who study or simply enjoy the Adirondack and Catskill regions that our goal in preservation is much more. We preserve wilderness so we can hold on to a piece of the past, a piece of America’s history. That said the issue is what constitutes wilderness – a legally designated wilderness area, wilderness as a common term or land that embraces the “Forever Wild” aesthetic. This …
Interpreting Article Xiv Of The New York Constitution: The Legal Measures That Mandate Sustainable Economic Development And Maintenance Of Forever-Wild Forest In The Adirondacks, Chih-Yao Sun
Elisabeth Haub School of Law Student Publications
The Forever Wild clause enacted by the legislature aimed at protecting drinking water and commerce. The language of the Forever Wild clause has offered a strong and perpetual protection that serves the purpose of people of New York State. Any amendments will only weaken the article. To support the position that the Forever Wild clause should remain as is, the paper examines the long-ignored economic value provided by the Adirondacks Forest Preserve. The paper also proposes plausible sustainable developments and illustrates why state government has the duty to promote economic well-being in local communities.
History Of New York State’S “Forever Wild” Forest Preserve And The Agencies Charged With Carrying Out Article Xiv’S Mandate, Jessica B. Silver
History Of New York State’S “Forever Wild” Forest Preserve And The Agencies Charged With Carrying Out Article Xiv’S Mandate, Jessica B. Silver
Elisabeth Haub School of Law Student Publications
Article XIV is probably the most controversial provision of the New York State Constitution adopted in 1894. The provision declares that State-owned land in the Adirondack and Catskill State Parks shall remain “forever wild.” Yet, implementation of this mandate by the State has varied since its inception; actions are dependent on the views and policies of regulating agency. The paper traces the history of Article XIV through judicial interpretation, Attorney General’s opinions, and implementation activities by the agency charged with its enforcement. The purpose of this paper is to prepare the policy-makers who will have a voice at the next …
Article Xiv, Agriculture, And Keeping New York’S Wilderness Wild, Hilary Atkin
Article Xiv, Agriculture, And Keeping New York’S Wilderness Wild, Hilary Atkin
Elisabeth Haub School of Law Student Publications
When the constitutional convention question is put on the ballot in 2017 as required by Article XIX, Section two of the New York State Constitution, the voters of New York will again choose whether to have a convention to revise or replace their Constitution. There are many issues related to the Forest Preserves of New York State that may lead delegates to consider whether Article XIV, Section one’s “forever wild” provision should be amended or eliminated. With the increasing popularity of the local farming movement in and around the Adirondack and Catskill Parks, delegates could consider amendments that clarify the …
Legislative History And Current Bills Related To The Constitution Convention, Michael Friese
Legislative History And Current Bills Related To The Constitution Convention, Michael Friese
Elisabeth Haub School of Law Student Publications
The purpose of this paper is to provide a critical look at the legislative history of Article VII (now Article XIV). Specifically, it will discuss the events leading up to the 1894 Constitutional Convention (the convention was Article XIV and the “Forever Wild Provision” was adopted); the events and legislative acts between the 1894 and 1915 constitutional conventions; the 1915 Constitutional Convention; the events and legislative acts between 1915 and 1938; and the 1938 Constitutional Convention. The paper will also address the delegate election process, as well as proposed reforms to the process. It is the intention of this paper …
Historic Preservation And The Wilderness, Seth Kagan
Historic Preservation And The Wilderness, Seth Kagan
Elisabeth Haub School of Law Student Publications
The language of Article XIV of the New York State Constitution has been the focus of a contentious debate over the years: What can be done with the lands within the Forest Preserve without violating the provision to keep the lands “forever wild”? In particular, how does Article XIV treat preservation of historic sites and archaeological resources within the Forest Preserves? The paper discusses competing interests between the “forever wild” provision and that of historic preservation through examination of the legislative history, administrative and judicial action. The paper also contemplates a constitutional convention for the purposes of amending Article XIV …
Slides: Development Of Shale: Water Resource Concerns And Policy Considerations, Katy Dunlap
Slides: Development Of Shale: Water Resource Concerns And Policy Considerations, Katy Dunlap
Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)
Presenter: Katy Dunlap, Eastern Water Project Director, Trout Unlimited, Inc., Burdett, NY
24 slides
Slides: Water And Development Of Unconventional Oil And Gas Resources, Judy Jordan
Slides: Water And Development Of Unconventional Oil And Gas Resources, Judy Jordan
Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)
Presenter: Judy Jordan, Oil & Gas Liaison, Garfield County, Rifle, CO
21 slides
Slides: Shale Drilling And Completions, William Fleckenstein
Slides: Shale Drilling And Completions, William Fleckenstein
Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)
Presenter: William Fleckenstein, BP Adjunct Professor in the Petroleum Department and Director of PERFORM Research, Colorado School of Mines, Golden, CO, and Managing Partner of Fleckenstein, Eustes & Associates
20 slides
Pooling For Horizontal Wells: Can They Teach An Old Dog New Tricks?, Bruce M. Kramer
Pooling For Horizontal Wells: Can They Teach An Old Dog New Tricks?, Bruce M. Kramer
Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)
74 pages.
This paper was originally published as:
Bruce M. Kramer, “Pooling for Horizontal Wells: Can They Teach an Old Dog New Tricks?,” 55 Rocky Mt. Min. L. Inst. 8-1, § 8.05 (2009).
Slides: Assessing Opportunities And Barriers To Reducing The Environmental Footprint Of Oil And Gas Development In Utah, Douglas Jackson-Smith, Lorien Belton, Brian Gentry, Gene Theodori
Slides: Assessing Opportunities And Barriers To Reducing The Environmental Footprint Of Oil And Gas Development In Utah, Douglas Jackson-Smith, Lorien Belton, Brian Gentry, Gene Theodori
Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)
Presenter: Dr. Douglas Jackson-Smith, Utah State University--Logan Campus
37 slides