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Reforming New York City's "Ulurp": Less Confusing Than Its Name, Alfred M. Williams, Jr. 2017 St. John's University School of Law

Reforming New York City's "Ulurp": Less Confusing Than Its Name, Alfred M. Williams, Jr.

Journal of Civil Rights and Economic Development

No abstract provided.


The Clark Fork Coalition V. Tubbs, Jonah P. Brown 2017 University of Montana School of Law

The Clark Fork Coalition V. Tubbs, Jonah P. Brown

Public Land and Resources Law Review

Before landowners may appropriate groundwater in Montana, they must first apply for a DNRC permit pursuant to the Montana Water Use Act. Landowners may qualify for an exemption from the arduous permitting process if their appropriation meets certain criteria. However, the Act provides an exception to the exemption when a “combined appropriation” from the same source is in excess of ten acre-feet per year. The Clark Fork Coalition v. Tubbs affirmed the district court’s invalidation of the DNRC rule defining “combined appropriation” to only include physically connected groundwater wells.


Murray Energy Corporation V. Mccarthy, Sarah M. Danno 2017 University of Montana School of Law

Murray Energy Corporation V. Mccarthy, Sarah M. Danno

Public Land and Resources Law Review

Holding that the widespread effects of environmental regulation on the coal industry constituted sufficient importance, the Northern District of West Virginia ordered the Environmental Protection Agency to conduct analysis on employment loss and plant reduction resulting from regulatory effects. In admonishing the EPA’s inaction, the court ruled that the Agency had a non-discretionary duty to evaluate employment and plant reduction. Furthermore, the court held that the EPA’s attempt to put forth general reports in place of required evaluations was an invalid attempt to circumvent its statutory duty.


On Local Fracking Bans: Policy And Preemption In New Mexico, Alex Ritchie 2017 University of New Mexico School of Law

On Local Fracking Bans: Policy And Preemption In New Mexico, Alex Ritchie

Alex Ritchie

In the midst of the hydraulic fracturing revolution, elected officials in Mora County, New Mexico recently banned all oil and gas production within the county. But the officials went even further, stripping corporations of constitutional rights and declaring the constitutions of the United States and the state of New Mexico illegal if interpreted as inconsistent with the ordinance. Why would a small rural county like Mora with no oil and gas operations to speak of adopt such an extreme ordinance? This article applies economics, political choice, and localism theories to argue that Mora County’s decision may be at least ...


Urban Development Legislation For Cities, By Cities, Kellen Zale 2017 University of Maine School of Law

Urban Development Legislation For Cities, By Cities, Kellen Zale

Maine Law Review

Thank you so much for inviting me to speak as part of this symposium. It is a great honor to be here in the company of such distinguished speakers to learn about the impressive legacy of Senator Muskie. My presentation today connects the legacy of Senator Muskie, and specifically, his work on urban development and Model Cities, to contemporary urban development legislation. Thus, this presentation picks up where my co-panelist, Don Nicoll, left off, by considering how the Model Cities legacy is both a foundation of and a counterpoint to contemporary urban development policies and programs. While urban development legislation ...


Model Cities, Senator Muskie And Creative Federalism, Donald E. Nicoll 2017 University of Maine School of Law

Model Cities, Senator Muskie And Creative Federalism, Donald E. Nicoll

Maine Law Review

The odd couple partnership of Senator Edmund S. Muskie and President Lyndon B. Johnson in the passage of the Demonstration Cities and Metropolitan Development Act of 1966 is a story with several subplots and insights into their different approaches to the art of democratic governance. For Senator Muskie, the president’s proposal was based on valid concepts, but he doubted the legislation’s viability in the Senate and he had serious reservations about its timeliness and capacity to address the problems the legislation was supposed to solve. The President was determined that the ambitious initiative, developed by a secret task ...


Edmund Muskie's Creative Federalism And Urban Development, Peter Pitegoff 2017 University of Maine School of Law

Edmund Muskie's Creative Federalism And Urban Development, Peter Pitegoff

Maine Law Review

How fitting it is to view urban development policy today with reference to Edmund Muskie and his role as U.S. Senator from Maine in the 1966 enactment of the Model Cities Program. The University of Maine School of Law is honored that the Maine Law Review 2014 symposium is part of this centennial celebration of Ed Muskie’s life and work. His wide-ranging career brought Muskie from Maine—where he served as state legislator and Governor—to national and global affairs as Senator, Secretary of State, and Vice Presidential nominee, and in other prominent leadership roles. We are fortunate ...


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 ...


Lotting Large: The Phenomenon Of Minimum Lot Size Laws, Paul Boudreaux 2017 University of Maine School of Law

Lotting Large: The Phenomenon Of Minimum Lot Size Laws, Paul Boudreaux

Maine Law Review

A dominant feature of American metropolitan areas is large lot zoning—the policy through which only house lots of a minimum size are permitted. This practice of "lotting large" contributes greatly to the sprawling nature of American suburbs. By restraining the supply of housing, large lot zoning laws please existing suburban homeowners. But they harm all other segments of the American populace, including the million new households who seek a home in the United States each year. This article explains how courts have been unwilling or unable to impose any meaningful restraints on local governments. It develops a simple economic ...


Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iv), John R. Nolon 2017 Pace University School of Law

Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iv), John R. Nolon

Pace Law Faculty Publications

Fracking is happening and local governments are subjected to many of its associated risks. They either need to act, or know—clearly and convincingly—why they should not. The federal government has stopped far short of comprehensive regulation of fracking; the states’ regulations range from fair to poor, sometimes preempting local regulation but most often sharing regulatory authority over land use impacts.


Playing With Real Property Inside Augmented Reality: Pokemon Go, Trespass, And Law's Limitations, Donald J. Kochan 2016 Chapman University School of Law

Playing With Real Property Inside Augmented Reality: Pokemon Go, Trespass, And Law's Limitations, Donald J. Kochan

Donald J. Kochan

This symposium essay uses the popular game Pokémon Go as a case study for evaluating conflicts that arise when augmented reality is layered over the real property of non-consenting owners. It focuses on the challenges augmented reality technologies pose to the meaning and enforcement of formal and informal trespass norms, first examining physical trespass issues (and enforcement difficulties) associated with game players who sometimes break physical property boundaries.

The essay then undertakes a thought experiment regarding possible recognition of a new, different type of trespass—one to augmented space. Pollock and Maitland called trespass the “fertile mother of all actions ...


Center For Biological Diversity V. Jewell, Kirsa Shelkey 2016 University of Montana

Center For Biological Diversity V. Jewell, Kirsa Shelkey

Public Land and Resources Law Review

Following years of pressure to list the upper Missouri River population of Arctic grayling as an endangered or threatened species, the United States Fish and Wildlife Service issued a 2014 Finding that listing the fish was “not warranted at this time.” The Service relied on voluntary Candidate Conservation Agreements with Assurances in the Big Hole River Basin to determine that listing criteria under the Endangered Species Act was not met and therefore listing was not necessary. Ultimately, the court deferred to agency expertise and found that the Service’s decision not to list the Arctic grayling was reasonable.


Institutional Controls For Contaminated Sites: Help Or Hazard, Mary R. English, Robert B. Inerfeld 2016 University of New Hampshire

Institutional Controls For Contaminated Sites: Help Or Hazard, Mary R. English, Robert B. Inerfeld

RISK: Health, Safety & Environment

The authors discuss the different institutional controls available to control long term site remediation of hazardous waste to prevent exposure to residual contamination.


Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iii), John R. Nolon 2016 Pace University School of Law

Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iii), John R. Nolon

Pace Law Faculty Publications

In land use, there are two things that Americans dislike: one is sprawl, the other is density. This catch-22 can be resolved by mitigating those aspects of urban living associated with density: congestion, bulky buildings, sameness, design incongruities, unsafe streets, inefficiency, and the sense that neighborhoods are not livable and pleasant. These characteristics of density cut against sustainability. They define places that people want to leave as soon as they can. To reduce vehicle miles travelled and carbon emissions, as well as to prevent sprawl, we must create places of enduring value, located next to transit in walkable and sustainable ...


Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo 2016 Unza School of Law

Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo

Georgia Journal of International & Comparative Law

No abstract provided.


Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Ii), John R. Nolon 2016 Pace University School of Law

Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Ii), John R. Nolon

Pace Law Faculty Publications

The idea that local land use law can intelligently shape settlement patterns was not a familiar concept in the late 1960s when the Town of Ramapo, New York adopted an ordinance that delayed development permits until the Town could provide needed infrastructure. Ramapo was experiencing unprecedented growth as one of the closest northern suburbs of New York City. Developers, who in some cases had to wait years for services to their land, sued; they argued that these phased development controls were intended to prohibit subdivisions and restrict population growth, which is not authorized under the state’s zoning enabling legislation ...


Agenda: Flpma Turns 40, University of Colorado Boulder. Getches-Wilkinson Center for Natural Resources, Energy, and the Environment 2016 University of Colorado Law School

Agenda: Flpma Turns 40, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

FLPMA Turns 40 (October 21)

The Bureau of Land Management (BLM) administers approximately 245 million acres of our public lands and yet, for most of our nation's history, these lands seemed largely destined to end up in private hands. Even when the Taylor Grazing Act of 1934 ushered in an important era of better managing public grazing districts and "promoting the highest use of the public lands," such use of our public lands still was plainly considered temporary, "pending its final disposal." It was not until 1976 with the passage of the Federal Land Policy and Management Act (FLPMA) that congress adopted a policy ...


When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle 2016 Berkeley Law

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle

Eric Biber

Environmental law scholars, practitioners, and policymakers have wrestled for some time with the implications of climate change for environmental law. There is widespread, although not universal, agreement that climate change requires greater flexibility in environmental legal systems. Flexibility—reduced procedural requirements for administrative agency decision making and less rigid substantive standards—would allow the agencies that implement environmental law to adapt to a future world characterized by dynamic, uncertain changes in natural resource systems. According to its proponents, flexibility would make it easier for agencies to more frequently update their management or regulatory decisions to respond to changed conditions, and ...


The Middle Class, Urban Schools And Choice, Michael Lewyn 2016 Touro Law Center

The Middle Class, Urban Schools And Choice, Michael Lewyn

Michael E Lewyn

Urban schools tend to be less attractive to middle-class parents than suburban schools; as a result, the public school system generates suburban sprawl.  This talk discusses both egalitarian and market-oriented means of making cities more attractive to parents.


Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part I), John R. Nolon 2016 Pace University School of Law

Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part I), John R. Nolon

Pace Law Faculty Publications

2016 is the 100th anniversary of the adoption of the first citywide comprehensive zoning law. Its original purpose was to create districts that separated incompatible land uses and building types in order to protect property values and promote the health, safety, and welfare of the community. 100 years later, zoning is used to achieve an impressive number of public objectives such as permitting transit oriented development, creating green infrastructure, preserving habitat, species, and wetlands, promoting renewable energy facilities, reducing vehicle miles traveled, and preserving the sequestering landscape.


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