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Hb 434 - Eminent Domain, Ashley M. Bowcott, Derek M. Schwahn 2018 Georgia State University College of Law

Hb 434 - Eminent Domain, Ashley M. Bowcott, Derek M. Schwahn

Georgia State University Law Review

The Act amends Georgia’s eminent domain laws by providing an exception to the general rule that condemnations cannot be converted to any use, other than a public use, for twenty years. The Act creates a new procedure which requires the condemnor to petition the jurisdiction’s superior court to determine whether the property is blighted property. Additionally, the condemnor must provide notice to all owners of the alleged blighted property. If the court finds the land is blighted property, the condemnor must file a petition to condemn the property according to the established procedure set forth in Article 3 ...


Hb 1 - Space Flight, Malissa Caroline Barger, Ethan L. Smith 2018 Georgia State University College of Law

Hb 1 - Space Flight, Malissa Caroline Barger, Ethan L. Smith

Georgia State University Law Review

The Act limits the civil and criminal liability of a space flight entity for injuries sustained by space flight participants arising from ordinary negligence. The Act defines new terms and provides a statutory waiver form that participants with informed consent must sign. The Act mandates space flight participants sign the waiver before participating in any space flight activity. The Act does not limit the liability of space flight entities for gross negligence or intentional acts, nor does it prevent suits from anyone other than the space flight participant.


Bitterrooters For Planning, Inc. V. Montana Department Of Environmental Quality, Rebecca A. Newsom 2018 Alexander Blewett III School of Law at the University of Montana

Bitterrooters For Planning, Inc. V. Montana Department Of Environmental Quality, Rebecca A. Newsom

Public Land and Resources Law Review

In Bitterrooters for Planning, Inc. v. Montana Department of Environmental Quality, the Montana Supreme Court found that the Montana Department of Environmental Quality did not violate the Montana Environmental Policy Act when the department issued a wastewater discharge permit for a large retail merchandise store. This decision enforced a narrow interpretation of agency requirements under the Montana Department of Environmental Quality Act, focusing only on direct effects with a close causal connection to the agency action.


Israel's Absentee Property Law: When Is Democratic Failure Necessary?, Bria Smith 2018 Claremont McKenna College

Israel's Absentee Property Law: When Is Democratic Failure Necessary?, Bria Smith

CMC Senior Theses

This paper defends Israel's expropriation of property under the Absentee Property Law within the state’s pre-1967 borders on constitutional grounds, but holds that the Law’s increased use in the region of East Jerusalem is invalid under Israel's constitutional scheme. This distinction turns upon the state’s application of the Law for necessary purposes. I hold that Israel’s justification for breaching human rights explicitly protected must be based on the state’s need to preserve its foundational ideology and national purpose in times of extra-normal circumstances. Israel may act undemocratically only to the extent imperative to ...


Requiescat In Pace - The Cemetery Dedication And Its Implications For Land Use In Louisiana And Beyond, Ryan M. Seidemann 2017 Louisiana Department of Justice

Requiescat In Pace - The Cemetery Dedication And Its Implications For Land Use In Louisiana And Beyond, Ryan M. Seidemann

Ryan M Seidemann

No abstract provided.


Herr V. U.S. Forest Service, Peter B. Taylor 2017 Alexander Blewett III School of Law at the University of Montana

Herr V. U.S. Forest Service, Peter B. Taylor

Public Land and Resources Law Review

In Herr v. U. S. Forest Service, the Sixth Circuit ruled on whether the Forest Service could infringe on pre-existing private property rights held adjacent to a designated Wilderness Area. The Herrs purchased lakefront property adjacent to the Sylvania Wilderness in the Upper Peninsula of Michigan with the intention of using their littoral rights for recreational boating. The Sylvania Wilderness was created under the Michigan Wilderness Act in 1987, but the Act observed valid existing rights. The court found that the Herrs’ littoral rights were recognizable “valid existing rights.” Therefore, the Forest Service’s restriction of those rights was illegal.


Some Model Amendments To Maine (And Other States') Land Use Control Legislation, Orlando E. Delogu, Sam Merrill, Philip R. Saucier 2017 University of Maine School of Law

Some Model Amendments To Maine (And Other States') Land Use Control Legislation, Orlando E. Delogu, Sam Merrill, Philip R. Saucier

Maine Law Review

This model legislation consisting of ten separate provisions is intended to clarify and/or expand existing Maine law dealing with planning and land use regulation. It expands existing statutes by addressing a number of issues not presently covered by law. The overarching purpose of the proposed legislation is to underscore that planning and the imposition of land use regulations is not exclusively the responsibility of local governments but instead is a shared duty of the state and local governments. This is clearly stated in the text and commentary of Provision I, and is a theme that pervades all ten legislative ...


Will Bell V. Town Of Wells Be Eroded With Time?, Sidney St. F. Thaxter 2017 University of Maine School of Law

Will Bell V. Town Of Wells Be Eroded With Time?, Sidney St. F. Thaxter

Maine Law Review

In 1989, the Maine Law Court issued a landmark decision regarding the ownership of the land between the mean high-water mark and the mean low-water mark (the intertidal zone) in a case entitled Bell v. Town of Wells.1 This decision was controlled, in part, by the 1986 decision in the same case. Bell I was decided following an appeal by the plaintiff-landowners from the lower court decision dismissing Counts I and II of their Complaint as “barred by sovereign immunity.” The lower court found that “the State has an interest in Moody Beach and in that sense it has ...


Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo 2017 Unza School of Law

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

Muna B Ndulo

No abstract provided.


Striking An Equitable Balance: Placing Reasonable Limits On Retroactive Zoning Changes After Kittery Retail Ventures, Llc V. Town Of Kittery, Heather B. Sanborn 2017 University of Maine School of Law

Striking An Equitable Balance: Placing Reasonable Limits On Retroactive Zoning Changes After Kittery Retail Ventures, Llc V. Town Of Kittery, Heather B. Sanborn

Maine Law Review

Thirty years ago, a developer who wanted to build a shopping center had to do little more than obtain a building permit to go forward with the project. Today, however, the regulation and review of development projects involves a lengthy process of securing a series of permits, often including site plan or subdivision approvals, traffic studies, and environmental impact reviews. Navigating this review process forces developers to negotiate with the community and design their projects to fit the applicable standards adopted by the local, state, and federal regulations, arguably improving the quality of development in our communities. But the lengthy ...


Clean Air Council V. Pruitt, Oliver Wood 2017 Alexander Blewett III School of Law at the University of Montana

Clean Air Council V. Pruitt, Oliver Wood

Public Land and Resources Law Review

The United States Court of Appeals for the District of Columbia granted a motion for summary vacatur against the Environmental Protection Agency after environmental groups challenged the agency’s reconsideration of the Obama-era methane rule under the Clean Air Act. The court held that the EPA unlawfully issued a stay after it reconsidered the rule without proper authorization. The court vacated the EPA’s stay, one example of the Trump Administration unsuccessfully repealing Obama-era rulemaking.


Small Sustainability Supply: How Small Business And Lean Manufacturing Can Change Supply Chains, Carlos Lopez 2017 American University Washington College of Law

Small Sustainability Supply: How Small Business And Lean Manufacturing Can Change Supply Chains, Carlos Lopez

Sustainable Development Law & Policy

No abstract provided.


Benefitting From Sustainable Development, Victoria Frappaolo 2017 American University Washington College of Law

Benefitting From Sustainable Development, Victoria Frappaolo

Sustainable Development Law & Policy

No abstract provided.


Batteries Included: Incentivizing Energy Storage, Lindsay Breslau, Michael Croweak, Alan Witt 2017 American University Washington College of Law

Batteries Included: Incentivizing Energy Storage, Lindsay Breslau, Michael Croweak, Alan Witt

Sustainable Development Law & Policy

Distributed Energy Storage (“DES”) technologies that allow households and businesses to store substantial amounts of electricity on site are rapidly advancing and could soon have dramatic impacts on the nation’s electricity generation, transmission, and distribution markets. These technologies could provide numerous benefits, including enhanced energy security, grid stability, and greater support for renewable generation technologies, but several obstacles are slowing their adoption throughout the country. Among these obstacles are stubbornly high manufacturing costs and the potential impacts of DES development on utilities and the traditional energy regulatory framework. Fortunately, policymakers in California, New York, Hawaii, and some other states ...


Appraising The Role Of The Ifc And Its Independent Accountability Mechanism: Community Experiences In Haiti’S Mining Sector, Kate Nancy Taylor 2017 American University Washington College of Law

Appraising The Role Of The Ifc And Its Independent Accountability Mechanism: Community Experiences In Haiti’S Mining Sector, Kate Nancy Taylor

Sustainable Development Law & Policy

No abstract provided.


Green Is Good: How Green Bonds Cultivated Into Wall Street’S Environmental Paradox, Luke Trompeter 2017 American University Washington College of Law

Green Is Good: How Green Bonds Cultivated Into Wall Street’S Environmental Paradox, Luke Trompeter

Sustainable Development Law & Policy

When the European Investment Bank issued the first green bond in 2007, few imagined this debt instrument would attract mainstream investors. Designed to finance projects ranging from climate change prevention to clean transportation development, green bonds were geared for socially responsible investors concerned with our planet’s sustainability. However, by 2015, green bonds were issued by major corporations like Apple and municipalities like New York City at a record $40 billion. Major players on Wall Street have taken notice and look to cash in on the rapidly growing green bond market. With this new influx of investment and the bonds ...


About Sdlp, 2017 American University Washington College of Law

About Sdlp

Sustainable Development Law & Policy

No abstract provided.


Editor's Note, Kimberly Reynolds, Ryan Schmidt 2017 American University Washington College of Law

Editor's Note, Kimberly Reynolds, Ryan Schmidt

Sustainable Development Law & Policy

No abstract provided.


Can The Eu Carbon Tax The U.S. In Retaliation?, Annum Rashedi 2017 American University Washington College of Law

Can The Eu Carbon Tax The U.S. In Retaliation?, Annum Rashedi

Sustainable Development Law & Policy

No abstract provided.


Regional Disputes: It Is Not Just Ground Beef, Nicholas W. Laneville 2017 American University Washington College of Law

Regional Disputes: It Is Not Just Ground Beef, Nicholas W. Laneville

Sustainable Development Law & Policy

No abstract provided.


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