Open Access. Powered by Scholars. Published by Universities.®

Land Use Law Commons

Open Access. Powered by Scholars. Published by Universities.®

3241 Full-Text Articles 2440 Authors 872726 Downloads 120 Institutions

All Articles in Land Use Law

Faceted Search

3241 full-text articles. Page 2 of 64.

The Key To Engaging With The Sdgs: Utilizing Rio Principle 10 To Succeessfully Implement The U.N. Sustainable Development Goals, Taís Ludwig 2017 American University Washington College of Law

The Key To Engaging With The Sdgs: Utilizing Rio Principle 10 To Succeessfully Implement The U.N. Sustainable Development Goals, Taís Ludwig

Sustainable Development Law & Policy

No abstract provided.


Lofty Goals In Dire Times: South Sudan's Obstacles To Achieving The New Sdgs, Harjot Dhillon 2017 American University Washington College of Law

Lofty Goals In Dire Times: South Sudan's Obstacles To Achieving The New Sdgs, Harjot Dhillon

Sustainable Development Law & Policy

No abstract provided.


Developing An International Carbon Tax Regime, Steven Specht 2017 American University Washington College of Law

Developing An International Carbon Tax Regime, Steven Specht

Sustainable Development Law & Policy

No abstract provided.


A North-South Struggle: Political And Economic Obstacles To Sustainable Development, Imrana Iqbal, Charles Pierson 2017 American University Washington College of Law

A North-South Struggle: Political And Economic Obstacles To Sustainable Development, Imrana Iqbal, Charles Pierson

Sustainable Development Law & Policy

No abstract provided.


Lodging The Sustainable Development Goals In The International Trade Regime: From Trade Rhetoric To Trade Plethoric, Nasser Alreshaid 2017 American University Washington College of Law

Lodging The Sustainable Development Goals In The International Trade Regime: From Trade Rhetoric To Trade Plethoric, Nasser Alreshaid

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.


Not Losing The Forest For The Trees: Distinguishing Conservation Transfer Fees From Other Private Transfer Fees, Frank C. Aiello 2017 University of Maine School of Law

Not Losing The Forest For The Trees: Distinguishing Conservation Transfer Fees From Other Private Transfer Fees, Frank C. Aiello

Maine Law Review

Private transfer fee covenants against real property are increasingly under fire from Congress, federal regulators, and state legislatures. This fire has been fueled by strong advocacy from the National Association of Realtors. It will only be a matter of time before private transfer fees will also be challenged in state courts as not meeting the common law requirements for a servitude. As these bodies take aim at the private transfer fee, they literally must not lose sight of the forest for the trees. A private transfer fee that benefits conservation and environmental stewardship is consistent with the traditional use of ...


Agua Caliente Band Of Cahuilla Indians V. Coachella Valley Water Dist., Rebecca Newsom 2017 Alexander Blewett III School of Law at the University of Montana

Agua Caliente Band Of Cahuilla Indians V. Coachella Valley Water Dist., Rebecca Newsom

Public Land and Resources Law Review

In Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water Dist., the Ninth Circuit upheld the Tribe’s federal reserved right to the groundwater underlying its reservation. This decision enforces that the courts will not defer to state water law when there is an established federal reserved water right. Further, the Ninth Circuit expressly extended this right to groundwater.


Center For Biological Diversity V. Jewell, Lowell J. Chandler 2017 Alexander Blewett III School of Law at the University of Montana

Center For Biological Diversity V. Jewell, Lowell J. Chandler

Public Land and Resources Law Review

The ESA protects threatened or endangered species, and species likely to become threatened or endangered within the foreseeable future, throughout all or a significant portion of their range. In Center for Biological Diversity v. Jewell, the United States District Court for the District of Arizona overturned a Fish and Wildlife Service policy defining the significant portion of range language in the ESA. The policy interpretation limited ESA protections to apply only when a species faced risk of extinction throughout its entire range. The court deemed this policy impermissible because it effectively rendered the significant portion of range language meaningless. The ...


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

No abstract provided.


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 ...


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.


Digital Commons powered by bepress