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14,572 full-text articles. Page 6 of 295.

Recent Developments In Land Use And Environmental Law, Jeanne B. Curtin 2018 Florida State University College of Law

Recent Developments In Land Use And Environmental Law, Jeanne B. Curtin

Florida State University Journal of Land Use and Environmental Law

This section highlights significant recent developments in federal and state environmental and land use case law. In addition to the sources cited in this section, the reader is encouraged to consult the official website of the Florida Legislature at , and the website of the Environmental and Land Use Section of the Florida Bar . Other useful sources the reader may wish to consult include the website of the Florida Department of Environmental Protection , the Environmental Protection Agency's website , and Enviro-Net for recent news stories.


From Lucas To Palazzolo: A Case Study Of Title Limitations, Brittany Adams 2018 Florida State University College of Law

From Lucas To Palazzolo: A Case Study Of Title Limitations, Brittany Adams

Florida State University Journal of Land Use and Environmental Law

This Note examines what state courts and lower federal courts have found to be "background principles" of property and nuisance law that fit into the Lucas exception. The Note examines recent case law that applies the Lucas exception to determine how the law has developed. The Note then explains the facts of Palazzolo v. Rhode Island and discusses how the Court should rule on the issues in light of the difficulty the courts have had in applying Lucas. The Note concludes that the Court must consider the importance of the right to own property in America. The Court should take ...


Wastewater In The Florida Keys: A Call For Stricter Regulation Of Nonpoint Source Pollution, Heather Darden 2018 Florida State University College of Law

Wastewater In The Florida Keys: A Call For Stricter Regulation Of Nonpoint Source Pollution, Heather Darden

Florida State University Journal of Land Use and Environmental Law

This article addresses nonpoint source pollution and its detrimental effects on the environment. Through a focus on the devastating problems wastewater has caused in the Florida Keys, the author shows how pollution of this kind, not properly regulated, can have life threatening impacts on our environment. This article describes the current systems used in the Florida Keys, and the downfalls of such systems. Further, this paper also provides an overview of the sources of water pollution and the resources for regulation of such pollution, while also providing recommendations for strengthening these regulatory schemes. As the bulk of current federal regulation ...


Charm In The City: Thoughts On Urban Ecosystem Management, Nancy Perkins Spyke 2018 Duquesne University Law School

Charm In The City: Thoughts On Urban Ecosystem Management, Nancy Perkins Spyke

Florida State University Journal of Land Use and Environmental Law

This fascinating article concludes that there are great opportunities for cities to become players in the nation's move toward ecosystem management. Certainly, problems arise when humans are injected into the ecosystem equation, and ecosystem management at the city level will not be easy. But the history of environmental regulation has taught us that making the easy choice does not always solve the problem. Further, limiting ecosystem management to rural and wilderness areas can only serve to further compartmentalize our already deeply fragmented environmental policies. Urban ecosystem management is not an oxymoron. It can be achieved at various levels by ...


Recent Developments In Land Use And Environmental Law, I. Weston Wheeler 2018 Florida State University College of Law

Recent Developments In Land Use And Environmental Law, I. Weston Wheeler

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


A Review Of Del Monte Dunes V. City Of Monterey And Its Implications For Local Government Exactions, Nancy E. Stroud 2018 Florida State University College of Law

A Review Of Del Monte Dunes V. City Of Monterey And Its Implications For Local Government Exactions, Nancy E. Stroud

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Florida Beach Access: Nothing But Wet Sand?, S. Brent Spain 2018 Florida State University College of Law

Florida Beach Access: Nothing But Wet Sand?, S. Brent Spain

Florida State University Journal of Land Use and Environmental Law

This comment addresses the problem of decreased public access to the dry sand areas of Florida's beaches resulting from the vast portion of Florida's beaches being privately owned. The author argues that, in the absence of state legislation protecting public beach access, local governments should enact ordinances protecting the public's customary right to utilize the dry sand areas of their beaches. In support of this argument, the author notes that the prescriptive easement and custom doctrines are the primary means of securing public access to the dry sand areas of Florida beaches. However, because of the presumption ...


The Telecommunications Act Of 1996 And Viewshed Protection For The National Scenic Trails, James J. Vinch 2018 Florida State University College of Law

The Telecommunications Act Of 1996 And Viewshed Protection For The National Scenic Trails, James J. Vinch

Florida State University Journal of Land Use and Environmental Law

This Article explores the effects of the Telecommunications Act of 1996 on the viewshed of the National Scenic Trails, concentrating geographically on placement of wireless technology along the Appalachian Trail. After outlining the Act's legislative history and identifying the values Congress intended to protect with its legislation, the author analyzes the conflicts between the Act and the mission of the National Park Service. As possible solutions to this tension, the author offers legal theories for protecting the National Scenic Trails, including application of the National Park Service Organic Act, the Property Clause of the United States Constitution, the National ...


Judicial Activism In Enforcement Of Florida's Net Ban, Marlene K. Stern 2018 Florida State University College of Law

Judicial Activism In Enforcement Of Florida's Net Ban, Marlene K. Stern

Florida State University Journal of Land Use and Environmental Law

In this Article, the author examines county court decisions and jury nullification regarding the 1994 amendment to the Florida Constitution known as the "net ban" in the Florida Panhandle. The Article considers the events leading to the 1994 amendment passed by citizen initiative petition that limits marine net fishing. The Article provides glimpses into the social, economic, and political elements of the fishing communities affected by the net ban. The article provides examples of suspect decisions issued by Panhandle county courts, and examines the factors possibly motivating these decisions. Application of a framework for analyzing judicial decisions demonstrates that the ...


Community By Covenant, Process, And Design: Cohousing And The Contemporary Common Interest Community, Mark Fenster 2018 Florida State University College of Law

Community By Covenant, Process, And Design: Cohousing And The Contemporary Common Interest Community, Mark Fenster

Florida State University Journal of Land Use and Environmental Law

An emerging form of the common interest community (CIC), cohousing is becoming increasingly popular in American cities. In his provocative article on this evolving form of community living arrangement, Mark Fenster discusses the development and limits of cohousing. Fenster further illustrates successful cohousing projects and distinguishes them by form. Additionally, he explains some of the problems associated with purchasing common residential property by covenant. Finally, Fenster explores cohousing as a model for affordable housing.


1999 Website Review: Recommended Legal Websites For Ocean And Coastal Law, Amy Voigt 2018 Florida State University College of Law

1999 Website Review: Recommended Legal Websites For Ocean And Coastal Law, Amy Voigt

Florida State University Journal of Land Use and Environmental Law

This review is an excellent tool for practitioners, scholars, and students looking for information on ocean and coastal law on the Internet. This year's website review is in celebration and recognition of the United Nations General Assembly declaration of 1998 as the International Year of the Ocean. The review is divided into subtopics for easy viewing and provides a brief overview of the type of information available on many of the major web sites addressing this practice area.


Book Review: Environmental Law Practice: Problems And Exercises For Skills Development, Jody L. Finklea 2018 Florida State University College of Law

Book Review: Environmental Law Practice: Problems And Exercises For Skills Development, Jody L. Finklea

Florida State University Journal of Land Use and Environmental Law

In this Book Review of Environmental Law Practice: Problems and Exercises for Skills Development, written by Jerry L. Anderson and Dennis D. Hirsch, the author quickly sets out the strength and weakness of this book: practicality. The author briefly discusses the four main chapters, which are conveniently separated into compliance, enforcement, litigation, and policy. In short, the author concludes that this book does a good job of providing a rudimentary understanding of environmental law, but more advanced practitioners and scholars may find it less useful.


Addition By Removal?: National Mining Limits Section 404 Control Of Construction In Wetlands, Michael Hollins 2018 Florida State University College of Law

Addition By Removal?: National Mining Limits Section 404 Control Of Construction In Wetlands, Michael Hollins

Florida State University Journal of Land Use and Environmental Law

In this Note, the author reviews the demise of the Army Corps of Engineers' infamous Tulloch Rule. The rule, which allowed the Corps to regulate dredging under the Clean Water Act (CWA) by prohibiting incidental fallback, was declared invalid by the District of Columbia Circuit Court and the Corps was enjoined from utilizing the rule nationwide. The author begins by looking at the history of Corps regulation under the CWA and the events leading up to the promulgation of the Tulloch rule. Following this introduction to Corps jurisdiction, the author examines the decision of National Mining Association v. United States ...


Parent Corporation Liability Under Cercla: An Analysis Of The Supreme Court's Failures And Fortunes In Its Decision In United States V. Bestfoods, John W. Chapman 2018 Florida State University College of Law

Parent Corporation Liability Under Cercla: An Analysis Of The Supreme Court's Failures And Fortunes In Its Decision In United States V. Bestfoods, John W. Chapman

Florida State University Journal of Land Use and Environmental Law

In this Note, the author analyzes the Supreme Court's recent decision of United States v. Bestfoods determining parent corporation liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). After a brief overview of CERCLA's goals and liability scheme, the author explores in depth the different methods federal circuit courts have used in determine the liability of a parent corporation for the environmental harms of a wholly owned subsidiary. Noting the deep divide between the circuits, the author dissects the Supreme Court's decision in Bestfoods, starting with the trial court up through appeal to the Supreme ...


Measuring Justice For Nature, Issues In Evaluating And Litigating Natural Resource Damages, James Peck 2018 Florida State University College of Law

Measuring Justice For Nature, Issues In Evaluating And Litigating Natural Resource Damages, James Peck

Florida State University Journal of Land Use and Environmental Law

In this Comment, the author sets the stage for his discussion of natural resource damages by recounting the enormous scale of the impacts resulting from the Exxon Valdez accident. After a brief introduction into the various characterizations of natural resources, the author discusses the various methods by which natural resources are valued and the means by which those values are quantified. Next the author discusses litigation over natural resource damages, including: common law legal rights, federal natural resource protection laws, and common law actions and natural resource trustees. In conclusion, the author recommends that common law claims by private parties ...


Improvements Under Florida's Butler Act: Can We Have A Definition Please?, Allan E. Wulbern 2018 Florida State University College of Law

Improvements Under Florida's Butler Act: Can We Have A Definition Please?, Allan E. Wulbern

Florida State University Journal of Land Use and Environmental Law

In this Comment, the author explores the ambiguity that is Florida's Butler Act and argues that direction is needed, either from the Florida Supreme Court or the Florida Legislature. The discussion begins with the roots of the Butler Act, the Riparian Rights Act of 1856, the analysis of which blends seamlessly with that of the public trust doctrine. Turning to the most significant ambiguity in the Butler Act, the author surveys the cases construing the meaning of "improvements" as used in the Act and contrasts each of them against the others. Most notably, the author examines the effect the ...


Highlights In North American Litigation During The Twentieth Century On Artificial Fluoridation Of Public Water Supplies, John Remington Graham, Pierre-Jean Morin 2018 Florida State University College of Law

Highlights In North American Litigation During The Twentieth Century On Artificial Fluoridation Of Public Water Supplies, John Remington Graham, Pierre-Jean Morin

Florida State University Journal of Land Use and Environmental Law

Drawing on first hand observations, John R. Graham and Dr. Pierre Morin give us a glimpse into the policy, science and controversy leading to the fluoridation of public drinking water supplies and the ensuing litigation and cover-up centering around the harmful effects of fluorine. Beginning with a thorough analysis and discussion of natural law as developed and applied by the United States Supreme Court, the authors argue that fluoridation of public water supplies can no longer be continued. Next, the authors discuss the scientific basis for their arguments. Citing to numerous studies and explaining the mathematics used by some of ...


Recent Developments In Land Use And Environmental Law, Amy Voigt 2018 Florida State University College of Law

Recent Developments In Land Use And Environmental Law, Amy Voigt

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Book Review: The Failure Of Property Rights To Guard The Integrity Of The Individual, Heather F. Lindsay 2018 Florida State University College of Law

Book Review: The Failure Of Property Rights To Guard The Integrity Of The Individual, Heather F. Lindsay

Florida State University Journal of Land Use and Environmental Law

In this Book Review, the author provides an open and honest rebuttal to the book Property Rights: Understanding Government Takings and Environmental Regulation written by Nancie G. Marzulla and Roger J. Marzulla. The author examines the book chapter by chapter, taking apart and analyzing the theoretical and philosophical assertions contained in the book. A recurrent theme in her discussion, driven home in the conclusion, is the need for balance between community needs and individuals in the context of the Property Rights Movement.


An Analysis Of A Global Co2 Emissions Trading Program, Hoong N. Young 2018 Florida State University College of Law

An Analysis Of A Global Co2 Emissions Trading Program, Hoong N. Young

Florida State University Journal of Land Use and Environmental Law

In this Comment, the author examines the strengths and weaknesses of using an emissions trading program, instead of a traditional command and control method, to reduce pollution emissions. The Comment analyzes two programs currently being used in the United States, the SO2 trading program and the Regional Clean Air Incentives Market (RECLAIM). Based on this analysis, the author discusses potential problems with a global CO2 emissions trading program and offers some suggestions as to possible solutions for these problems.


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