Indiana University Maurer School of Law
College of William & Mary Law School
University of Toronto
Notre Dame Law School
John Marshall Law School
Cleveland State University
Discriminating Against The Dead: How To Protect Muslim Cemeteries From Exclusionary Land Use Mechanisms,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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
Editor's Note,
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,
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,
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,
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,
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,
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,
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,
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.
