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Discriminating Against The Dead: How To Protect Muslim Cemeteries From Exclusionary Land Use Mechanisms, Christopher Cataldo 2017 Boston College Law School

Discriminating Against The Dead: How To Protect Muslim Cemeteries From Exclusionary Land Use Mechanisms, Christopher Cataldo

Boston College Law Review

U.S. Muslims face virulent, entrenched opposition in constructing the cemeteries that allow them to bury their dead according to Islamic law and tradition. Despite state and federal laws designed to guard against acts of religious discrimination such as the federal Religious Land Use and Institutionalized Persons Act (“RLUIPA”), local governments impede Muslim cemetery constructions via zoning ordinances and adjudicative permit denials. As a result of these efforts, Muslims experience unfair discrimination as local land control bodies unduly delay or block their attempts to build cemeteries. To better protect Muslims’ rights in land use disputes, this Note advocates for amendments ...


Understanding The Public Trust Doctrine Through Due Process, Michael O'Loughlin 2017 Boston College Law School

Understanding The Public Trust Doctrine Through Due Process, Michael O'Loughlin

Boston College Law Review

The public trust doctrine (“PTD”) could be a powerful tool for environmental lawyers. It protects the public’s right to use and access resources by placing them in trust with the state and guiding the sovereign’s discretion in their management. Although it lies inherent in sovereignty, the law scatters it across constitutional, statutory, and common law sources, hurting its effectiveness. Understanding the public’s beneficiary interest in this public trust as a due process protected property right would help resolve these failings by placing it under the umbrella of the U.S. Constitution’s guarantee against arbitrary deprivations of ...


Save Our Cabinets V. U. S. Fish & Wildlife Service, Jaclyn Van Natta 2017 Alexander Blewett III School of Law at the University of Montana

Save Our Cabinets V. U. S. Fish & Wildlife Service, Jaclyn Van Natta

Public Land and Resources Law Review

The latest sequel in Montana mining cases, Save Our Cabinets v. U.S. Fish & Wildlife Service, concerns the U.S. Fish & Wildlife Service’s and the U.S. Forest Service’s approval of the Montanore Mining Project in the Kootenai National Forest, and its potential effects on two of Montana’s endangered species. Agreeing with the plaintiffs, the court held the mining project would jeopardize the continued existence of both the bull trout and grizzly bear species, and that approval of the Project violated the ESA. The court held the U.S. Forest Service’s approval of the mining project ...


Whatcom County V. Hirst, Et Al, Stephanie A. George 2017 Alexander Blewett III School of Law at the University of Montana

Whatcom County V. Hirst, Et Al, Stephanie A. George

Public Land and Resources Law Review

Upending decades of common practice in water management and building in the state of Washington, the Washington Supreme Court found Whatcom County violated the state’s Growth Management Act. Whatcom County used the Department of Ecology’s Nooksack Rule in evaluating permits for buildings and subdivisions that rely on permit-exempt wells. This decision affects families across the state of Washington.


Are Critical Area Buffers Unconstitutional? Demystifying The Doctrine Of Unconstitutional Conditions, Brian T. Hodges 2017 Pacific Legal Foundation

Are Critical Area Buffers Unconstitutional? Demystifying The Doctrine Of Unconstitutional Conditions, Brian T. Hodges

Seattle Journal of Environmental Law

Washington’s cities and counties are increasingly demanding that owners of residential shoreline properties dedicate large, predetermined critical area buffers as a mandatory condition of any new development. Such demands, when imposed without regard to the specifics of the land use proposal, would appear to violate the essential nexus and rough proportionality tests established by the U.S. Supreme Court in Nollan v. California Coastal Commission, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994). Early decisions from Washington courts faithfully applied these tests, invalidating open space and buffer dedications. But in a ...


The Aftermath Of Care V. Cow Palace And The Future Of Rcra In Cafo Cases, Lauren Tavar 2017 American University Washington College of Law

The Aftermath Of Care V. Cow Palace And The Future Of Rcra In Cafo Cases, Lauren Tavar

Sustainable Development Law & Policy

No abstract provided.


Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall 2017 American University Washington College of Law

Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall

Sustainable Development Law & Policy

No abstract provided.


Ridding Pes Systems Of The “Pay To Pollute” Principle: Pes Optimization Strategies, Kelly Carlson 2017 American University Washington College of Law

Ridding Pes Systems Of The “Pay To Pollute” Principle: Pes Optimization Strategies, Kelly Carlson

Sustainable Development Law & Policy

No abstract provided.


Indoor Aquaponics In Abandoned Buildings: A Potential Solution To Food Deserts, Lisa Tomlinson 2017 American University Washington College of Law

Indoor Aquaponics In Abandoned Buildings: A Potential Solution To Food Deserts, Lisa Tomlinson

Sustainable Development Law & Policy

No abstract provided.


Investing In Resiliency: Prioritizing Water Systems And Investing In Green Infrastructure, Caitlin Cutchin 2017 American University Washington College of Law

Investing In Resiliency: Prioritizing Water Systems And Investing In Green Infrastructure, Caitlin Cutchin

Sustainable Development Law & Policy

No abstract provided.


You Probably Shouldn’T Build There: Watershed-Based Land Use Strategies For Mitigating Global Climate Change In New Jersey’S Freshwater Systems, Matthew Knoblauch 2017 American University Washington College of Law

You Probably Shouldn’T Build There: Watershed-Based Land Use Strategies For Mitigating Global Climate Change In New Jersey’S Freshwater Systems, Matthew Knoblauch

Sustainable Development Law & Policy

No abstract provided.


About Sdlp, 2017 American University Washington College of Law

About Sdlp

Sustainable Development Law & Policy

No abstract provided.


Editor's Note, Caitlin Buchanan 2017 American University Washington College of Law

Editor's Note, Caitlin Buchanan

Sustainable Development Law & Policy

No abstract provided.


The Earth's Atmosphere As A Global Trust: Establishing Proportionate State Responsibility To Maintain, Restore And Sustain The Global Atmosphere, Thomas Boudreau Ph.D. 2017 Salisbury University

The Earth's Atmosphere As A Global Trust: Establishing Proportionate State Responsibility To Maintain, Restore And Sustain The Global Atmosphere, Thomas Boudreau Ph.D.

Environmental and Earth Law Journal (EELJ)

Expanding upon the important work already accomplished by the Paris Agreement (2015), the United Nations General Assembly (UNGA) can help create the international legal framework needed by recognizing, in a nonbinding resolution as a first step, the Earth’s atmosphere as a global trust and thus helping to create the necessary legal capacity- building among nation-states to monitor, maintain as well as restore the Earth’s atmosphere for future generations.


The Dangers Of Water Privatization: An Exploration Of The Discriminatory Practices Of Private Water Companies, Elana Ramos 2017 Barry University School of Law

The Dangers Of Water Privatization: An Exploration Of The Discriminatory Practices Of Private Water Companies, Elana Ramos

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Putting The Sun Back Into The Sunshine State: How Florida's Transition To Solar Power Has Brought The State Out Of The Shadows Cast By Big Oil's Energy-Monopoly, Christopher Berman 2017 Barry University School of Law

Putting The Sun Back Into The Sunshine State: How Florida's Transition To Solar Power Has Brought The State Out Of The Shadows Cast By Big Oil's Energy-Monopoly, Christopher Berman

Environmental and Earth Law Journal (EELJ)

No abstract provided.


An Overview Of The Zika Virus Epidemic And What America Can Do To Prevent The Spread Of The Virus In The Future, Alexandra Parrish 2017 Barry University School of Law

An Overview Of The Zika Virus Epidemic And What America Can Do To Prevent The Spread Of The Virus In The Future, Alexandra Parrish

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Clean Power Plan, Janice Chon 2017 Barry University School of Law

Clean Power Plan, Janice Chon

Environmental and Earth Law Journal (EELJ)

No abstract provided.


It's All Downhill From Here: How The Nation's Dispute With Clean Water Act Jurisdiction Is Solved, Spencer H. Newman 2017 University of Mississippi School of Law

It's All Downhill From Here: How The Nation's Dispute With Clean Water Act Jurisdiction Is Solved, Spencer H. Newman

Environmental and Earth Law Journal (EELJ)

What makes the United States one of the most prosperous and safest nations in the modern world? Perhaps it is the durable economy, the strong military force, or the Constitutional protections. What most Americans take for granted, however, is something people in many nations base their entire lives around: safe, clean water. Promulgated in 1972, the original Clean Water Act has been opposed and amended over the course of forty years. No provision, however, has been as hotly contested as the § 404 program for “dredge and fill” permits. Specifically, this section led to divisions on what constitutes “water” that is ...


Fighting For Environmental Justice: The Life And Work Of Professor Eileen Gauna, Clifford J. Villa 2017 University of New Mexico

Fighting For Environmental Justice: The Life And Work Of Professor Eileen Gauna, Clifford J. Villa

Clifford J. Villa

No abstract provided.


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