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Policy Comment: Proposals For Ontario's Solar Future, Rashin Alizadeh 2017 University of Windsor, Faculty of Law

Policy Comment: Proposals For Ontario's Solar Future, Rashin Alizadeh

Western Journal of Legal Studies

In Ontario, the protection of solar energy is both complicated and limited. In order to take advantage of evolving greener energy sources, and reduce our contribution to global warming, Ontario must better protect solar energy use and solar energy investments. This commentary evaluates the incentives for extending the use of solar technology as part of the Green Energy Act, 2009, SO 2009. The analysis focuses on the relationship between the provincial and municipal governments as it relates to the green energy industry, and the level of public engagement and awareness that is being achieved. Reform to municipal zoning bylaws are ...


Maine's Open Lands: Public Use Of Private Land, The Right To Roam And The Right To Exclude, Peter H. Kenlan 2017 University of Maine School of Law

Maine's Open Lands: Public Use Of Private Land, The Right To Roam And The Right To Exclude, Peter H. Kenlan

Maine Law Review

On a late summer afternoon, a boy pilots a small boat toward a deserted beach while another crouches in the bow with an anchor poised and ready. As the boat gently scrapes to a halt, the anchor lands in the wet sand with a dull thud and the two boys splash ashore. Equipped only with peanut butter sandwiches, they set off along the beach looking for tide pools. Behind them, they leave only a few ephemeral footprints--readily erased by the waves. On a bright and clear February morning, a man rides his snowmobile along a well-traveled trail. The scenery flashes ...


State Regulation Of Oil And Gas Pools On State, Federal, Indian And Fee Lands, C. Gene Samberson 2017 University of New Mexico

State Regulation Of Oil And Gas Pools On State, Federal, Indian And Fee Lands, C. Gene Samberson

Natural Resources Journal

No abstract provided.


Richardson, Elmo R., The Politics Of Conservation: Crusades And Controversies, 1897-1913, Ernest A. Engelbert 2017 University of New Mexico

Richardson, Elmo R., The Politics Of Conservation: Crusades And Controversies, 1897-1913, Ernest A. Engelbert

Natural Resources Journal

No abstract provided.


Milner, J. B., Community Planning: A Casebook On Law And Administration, Ira Michael Heyman 2017 University of New Mexico

Milner, J. B., Community Planning: A Casebook On Law And Administration, Ira Michael Heyman

Natural Resources Journal

No abstract provided.


Alternatives For Recovery Of Attorney's Fees In Environmental Litigation, Fritz Ledbetter 2017 University of New Mexico

Alternatives For Recovery Of Attorney's Fees In Environmental Litigation, Fritz Ledbetter

Natural Resources Journal

No abstract provided.


Res Judicata: Will It Stop Instream Flows From Being The Wave Of The Future?, Harold A. Ranquist 2017 University of New Mexico

Res Judicata: Will It Stop Instream Flows From Being The Wave Of The Future?, Harold A. Ranquist

Natural Resources Journal

No abstract provided.


Statecraft, Domestic Politics, And Foreign Policymaking: The El Chamizal Dispute, Albert E. Utton 2017 University of New Mexico

Statecraft, Domestic Politics, And Foreign Policymaking: The El Chamizal Dispute, Albert E. Utton

Natural Resources Journal

No abstract provided.


Public Participation And Natural Resource Decision-Making: The Case Of The Rare Ii Decisions, Paul Mohai 2017 University of New Mexico

Public Participation And Natural Resource Decision-Making: The Case Of The Rare Ii Decisions, Paul Mohai

Natural Resources Journal

No abstract provided.


Creating Confusion Rather Than Clarity: The Sixth Circuit's (Lack Of) Decision In Tree Of Life Christian Schools V. Upper Arlington, Lindsey Edinger 2017 Boston College Law School

Creating Confusion Rather Than Clarity: The Sixth Circuit's (Lack Of) Decision In Tree Of Life Christian Schools V. Upper Arlington, Lindsey Edinger

Boston College Law Review

There is currently a split among five federal circuits as to what constitutes a secular comparator to a religious assembly or institution under the equal terms provision of the Religious Land Use and Institutionalized Persons Act. Stemming from this initial split, courts have further divided as to what is necessary to establish a prima facie case for an equal terms claim. On May 18, 2016, the U.S. Court of Appeals for the Sixth Circuit in Tree of Life Christian Schools v. Upper Arlington became the most recent circuit to address the equal terms provision. Rather than providing a clear ...


United States V. Barthelmess Ranch Corp., Jonah P. Brown 2017 University of Montana School of Law

United States V. Barthelmess Ranch Corp., Jonah P. Brown

Public Land and Resources Law Review

Application of water to a beneficial use is the decisive element of a perfected water right in Montana. The BLM claimed rights to five reservoirs and one natural pothole under Montana law. The agency did not own livestock, but instead made the water available to grazing permittees. In United States v. Barthelmess Ranch Corp., the Montana Supreme Court affirmed the Montana Water Court’s holding that the BLM’s practice of making water available to others constituted a beneficial use and a perfected water right.


Embracing Airbnb: How Cities Can Champion Private Property Rights Without Compromising The Health And Welfare Of The Community, Emily M. Speier 2017 Pepperdine University

Embracing Airbnb: How Cities Can Champion Private Property Rights Without Compromising The Health And Welfare Of The Community, Emily M. Speier

Pepperdine Law Review

Peer-to-peer services offer participants considerable advantages whether they are a provider of such services or a user of them. The Airbnb phenomenon is an example of how technological advancement has transformed the rental industry and has signaled a societal acceptance of a sharing economy. However, the question now is to what extent cities should regulate this influx of short-term rentals while still preserving the property rights of homeowners. Much of the answer to this question depends on each city’s individual interpretation of specific areas of the law. Some legal issues raised by regulation and explored by this article include ...


Sturgeon V. Frost: A Limited Holding Reveals An Environmentally Hesitant Post-Scalia Court, Michael O'Loughlin 2017 Boston College Law School

Sturgeon V. Frost: A Limited Holding Reveals An Environmentally Hesitant Post-Scalia Court, Michael O'Loughlin

Boston College Environmental Affairs Law Review

The first environmental case before the United States Supreme Court after the death of Justice Antonin Scalia, Sturgeon v. Frost, involved the National Park Service’s authority to regulate hovercraft use over a segment of river running through lands under its authority pursuant to the Alaska National Interest Lands Conservation Act. The plaintiff sought to show that the State held title to navigable waters within the State, and that, therefore, the National Park Service did not have authority to enforce its regulation. The parties invoked precedent and argued for textual analysis of the at-issue statute, but the United States Court ...


Inverse Condemnation And Fracking Disasters: Government Liability For The Environmental Consequences Of Hydraulic Fracturing Under A Constitutional Takings Theory, Joseph Belza 2017 Boston College Law School

Inverse Condemnation And Fracking Disasters: Government Liability For The Environmental Consequences Of Hydraulic Fracturing Under A Constitutional Takings Theory, Joseph Belza

Boston College Environmental Affairs Law Review

The practice of hydraulic fracturing, more commonly known as fracking, risks a number of dangerous environmental consequences. Notably, fracking operations can contaminate the underlying water table. Contamination of groundwater can disrupt the access of a nearby property to both potable drinking water and viable commercial irrigation. Usually, when a fracking operation results in this kind of groundwater contamination, affected plaintiffs sue the operator of the rig. This Note proposes that similarly situated plaintiffs also name a new defendant in these actions: the state agency that granted the fracking permit. The governmental actor could bear liability under a constitutional theory of ...


The Public Trust As An Antimonopoly Doctrine, Michael C. Blumm, Aurora Paulsen Moses 2017 Lewis & Clark Law School

The Public Trust As An Antimonopoly Doctrine, Michael C. Blumm, Aurora Paulsen Moses

Boston College Environmental Affairs Law Review

The public trust doctrine originated—and has persisted in American law—as antimonopoly protection. From the time of its recognition by American courts in the early nineteenth century, the doctrine has protected the public against private monopolization of natural resources, beginning with tidal waters and wild animals. Ensuing public trust case law has extended the scope of trust protection to other important natural resources, including non-tidal and non-navigable waters, and land-based resources like parks. Courts are now considering the trust doctrine’s application to the atmosphere. Although there is a considerable body of legal scholarship on the public trust, the ...


The Yates Memo: Doj Public Relations Move Or Meaningful Reform That Will End Impunity For Corporate Criminals?, Christopher Modlish 2017 Boston College Law School

The Yates Memo: Doj Public Relations Move Or Meaningful Reform That Will End Impunity For Corporate Criminals?, Christopher Modlish

Boston College Law Review

On September 9, 2015, former Deputy Attorney General Sally Yates issued a memorandum (the “Yates Memo”) in an attempt to address the Department of Justice’s (“DOJ”) seeming inability to prosecute the individuals responsible for corporate crime and misconduct. The memo announced new DOJ policy regarding individual accountability for corporate fraud, wrongdoing, and other misconduct. Specifically, it identified six key policies meant to enable DOJ prosecutors to more effectively prosecute the individuals responsible for corporate misconduct. The memo, however, did not address the biggest obstacle to holding individuals accountable for criminal corporate conduct—the DOJ’s overuse of deferred prosecution ...


Litz V. Maryland Department Of The Environment: Maryland’S Decision That Inaction Can Support An Inverse Condemnation Claim, Kerri Morrison 2017 University of Maryland Francis King Carey School of Law

Litz V. Maryland Department Of The Environment: Maryland’S Decision That Inaction Can Support An Inverse Condemnation Claim, Kerri Morrison

Endnotes

No abstract provided.


Response To The Influence Of Exile: Three Stories, Bill Quigley 2017 University of Maryland Francis King Carey School of Law

Response To The Influence Of Exile: Three Stories, Bill Quigley

Endnotes

When I read Professor Sara Rankin’s article, The Influence of Exile,[I was reminded of three recent stories of how law, government, and business worked together to try to exile the homeless in our community. Though all parties continuously profess to be concerned only with the well-being of homeless people themselves, the laws transparently marginalize them. Though the following three stories about the impact of these laws are local to New Orleans, Louisiana, I am absolutely sure there are similar stories of similar happenings in most communities across the nation.

Professor Rankin’s article examines the very big picture ...


Perspectives - Jonathan Denham And Paul Wolf Of Denham Wolf Real Estate Services, James Hagy, Kelly Padden 2017 New York Law School

Perspectives - Jonathan Denham And Paul Wolf Of Denham Wolf Real Estate Services, James Hagy, Kelly Padden

Rooftops Project

In a conversation with Kelly Padden and Professor James Hagy of The Rooftops Project, Jon Denham and Paul Wolf reflect on their experiences with not-for-profit projects across mission types to draw lessons about creativity in locating and securing permanent space in one of the world’s most expensive real estate markets.


Perspectives - David Samuels And Themes Karalis Of Duval & Stachenfeld Llp, James Hagy, Jordan Moss 2017 New York Law School

Perspectives - David Samuels And Themes Karalis Of Duval & Stachenfeld Llp, James Hagy, Jordan Moss

Rooftops Project

Federal and state law can impose compliance requirements affecting both disposing of and transacting in real estate by not-for-profit organizations. In a dialogue with The Rooftop Project’s Jordan Moss and Professor James Hagy, David Samuels and Themes Karalis of the law firm Duval & Stachenfeld illustrate situations, including some unique to New York law and regulation, in which compliance and care are warranted.


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