The National Flood Insurance Program At Fifty: How The Fifth Amendment Takings Doctrine Skews Federal Flood Policy, 2019 University of Florida Levin College of Law
The National Flood Insurance Program At Fifty: How The Fifth Amendment Takings Doctrine Skews Federal Flood Policy, Christine A. Klein
UF Law Faculty Publications
The National Flood Insurance Program (“NFIP”) of 1968 marked its fiftieth anniversary in 2018. Despite the program’s long history, few appreciate that the NFIP was never intended as a permanent federal subsidy for flood-prone properties along rivers and coastlines abandoned as commercially unviable by the private insurance industry. Instead, Congress provided flood insurance at below-cost rates as only an interim solution until state and local governments enacted permanent self-help land-use regulations that would restrict development in risky areas. By encouraging local governments to enact floodplain regulations, Congress intended to shift the costs of development in known flood areas back to …
Planetizen Blog Posts- First Half Of 2019, 2018 Touro Law Center
Planetizen Blog Posts- First Half Of 2019, Michael Lewyn
Michael E Lewyn
Market Urbanism Blog Posts - First Half Of 2019, 2018 Touro Law Center
Market Urbanism Blog Posts - First Half Of 2019, Michael Lewyn
Michael E Lewyn
Do You Believe In Ghost Apartments?, 2018 Touro Law Center
Do You Believe In Ghost Apartments?, Michael Lewyn
Michael E Lewyn
Crow Indian Tribe V. United States, 2018 Alexander Blewett III School of Law at the University of Montana
Crow Indian Tribe V. United States, Hallee Kansman
Public Land & Resources Law Review
The protection status of the Greater Yellowstone grizzly bear continues to elicit debate and find its way into the courtroom. In Crow Indian Tribe v. United States, for the second time in the last decade, a court held the Service’s attempt to delist the Yellowstone Grizzly arbitrary and capricious. Specifically, the court found the Service’s evaluation of remnant populations, recalibration, and genetic health deficient. This case demonstrates the importance in and the resilient motivation behind preserving grizzly bear populations and genetics. As the practice of delisting a species under the Endangered Species Act continues, this case will provide important …
An Alternative To Ready, Fire, Aim: A New Framework To Link Environmental Targets In Environmental Law, 2018 Selected Works
An Alternative To Ready, Fire, Aim: A New Framework To Link Environmental Targets In Environmental Law, Michael P. Vandenbergh
Michael Vandenbergh
This Article begins with a brief overview of the state of the environment and the lessons learned from the early development of the command and control system. It then explores recent reform proposals and the scholarship on the democratic impact of means-based approaches. The Article next examines the new model that is emerging in the Netherlands and other countries, and identifies the critical feature of the new model: the development of context for environmental decisionmaking at each of the three levels discussed above. The Article concludes by analyzing the implications of this Framework Approach for the environmental debate and for …
Martin V. United States, 2018 Alexander Blewett III School of Law at the University of Montana
Martin V. United States, Mitch L. Werbell V
Public Land & Resources Law Review
In Martin v. United States, the Federal Circuit Court dismissed a Fifth Amendment regulatory takings and exaction claim for want of ripeness when the claimant failed to apply for a permit, which would have allowed for an assessment of the cost of compliance with governmentally imposed requirements. By finding the claim unripe, the court stood firm on the historical view that federal courts may only adjudicate land-use regulatory takings and inverse condemnation claims on the merits after a regulating entity has made a final decision. However, jurisprudential evolution of the ripeness doctrine and judicial review of takings claims may …
The Renewable Power Of The Mine, 2018 Columbia Law School, Columbia Center on Sustainable Investment
The Renewable Power Of The Mine, Nicolas Maennling, Perrine Toledano
Columbia Center on Sustainable Investment Staff Publications
Access to affordable and reliable energy is key for the mining sector and with rising demand for minerals and falling ore grades, energy demand is estimated to increase by 36% by 2035. Today, energy produced and procured by mining companies is mostly fossil fuel based. This will have to change if the sector is to contribute to the decarbonization of the world economy, needed for countries to meet the target adopted at the Paris Agreement of keeping global temperatures from rising more than 1.5-2 degrees Celsius.
At the same time, the costs of solar, wind and battery storage systems have …
Populist Placemaking: Grounds For Open Government-Citizen Spatial Regulating Discourse, 2018 Bonnett, Fairbourn, Friedma & Balint, P.C.
Populist Placemaking: Grounds For Open Government-Citizen Spatial Regulating Discourse, Michael N. Widener
West Virginia Law Review
No abstract provided.
Form Based Codes And Economic Impacts: A Multivariate Regression Analysis And Case Study, 2018 California Polytechnic State University, San Luis Obispo
Form Based Codes And Economic Impacts: A Multivariate Regression Analysis And Case Study, Jacob M. Howard
Master's Theses
After a 100-year history, traditional zoning practices are being challenged as a contributing factor in a number of social, heath and economic problems facing cities in the United States. In this context, form based codes have emerged as a possible alternative way for cities to guide development. Growing out of the New Urbanist movement, form based codes frequently mix uses, allow for a greater variety of housing types and encourage development that is both denser and more compact. Despite an established literature which links land-use regulations, and zoning in particular, to fiscal outcomes, the impacts that form based codes have …
Long-Term Preservation Of Public Art: From Cultural Heritage To The Confederacy, 2018 Northwestern Pritzker School of Law
Long-Term Preservation Of Public Art: From Cultural Heritage To The Confederacy, Maliha Ikram
Northwestern Journal of Law & Social Policy
No abstract provided.
11th Marine Law Symposium: Legal Strategies For Climate Adaptation In Coastal New England 2018, 2018 Roger Williams University
11th Marine Law Symposium: Legal Strategies For Climate Adaptation In Coastal New England 2018, Roger Williams University School Of Law
Marine Affairs Institute Conferences, Lectures, and Events
No abstract provided.
President Trump, The New Chicago School And The Future Of Environmental Law And Scholarship, 2018 University of Maine School of Law
President Trump, The New Chicago School And The Future Of Environmental Law And Scholarship, Sarah B. Schindler
Faculty Publications
Recent presidents including Bill Clinton, G. W. Bush, and Barack Obama have refined how environmental law has been enacted and carried out. Under President Trump, the scope of public environmental law will most certainly narrow. It seems likely that the future of environmental law will depend not upon traditional federal command-and-control legislation or executive branch maneuvering, but instead upon activating environmentalism through expanded substantive areas and innovative regulatory techniques that fall outside the existing, traditional norms of environmental law and legal scholarship. This chapter is an attempt to acknowledge this monumental change, recognizing that these barriers to traditional environmental regulation …
Law School News: Marine Law Symposium At Rwu Law To Focus On Legal Strategies For Climate Adaptation 11/08/2018, 2018 Roger Williams University School of Law
Law School News: Marine Law Symposium At Rwu Law To Focus On Legal Strategies For Climate Adaptation 11/08/2018, Edward Fitzpatrick
Life of the Law School (1993- )
No abstract provided.
Legal Influences On Shellfish Aquaculture Nursery Facility Siting In Rhode Island, 2018 Rhode Island Sea Grant Law Fellow
Legal Influences On Shellfish Aquaculture Nursery Facility Siting In Rhode Island, Marine Affairs Institute, Roger Williams University School Of Law, Jordan Viana, Joseph Bingaman, Read Porter
Sea Grant Law Fellow Publications
No abstract provided.
An Environmental Justice Critique Of Biofuels, 2018 Seattle University
An Environmental Justice Critique Of Biofuels, Carmen G. Gonzalez
Carmen G. Gonzalez
Introduction To Transit-Oriented Development, 2018 Touro Law Center
Introduction To Transit-Oriented Development, Michael Lewyn
Michael E Lewyn
Western Organization Of Resource Councils V. United States Bureau Of Land Management, 2018 University of Montana School of Law
Western Organization Of Resource Councils V. United States Bureau Of Land Management, Seth Sivinski
Public Land & Resources Law Review
To what extent must the BLM analyze potential climate change impacts where millions of acres of public lands and federal mineral estates are being considered for coal development? Western Organization of Resource Councils v. BLM addresses this, setting the scope for NEPA-mandated environmental impact analysis and reasonable alternative consideration by federal agencies. Judge Brian Morris of the District of Montana eschewed BLM’s assertions that considering climate impacts would be speculative, instead requiring BLM to acknowledge scientific reality and include modern climate science in its NEPA review analysis.
Highway Culverts, Salmon Runs, And The Stevens Treaties: A Century Of Litigating Pacific Northwest Tribal Fishing Rights, 2018 Alexander Blewett III School of Law at the University of Montana
Highway Culverts, Salmon Runs, And The Stevens Treaties: A Century Of Litigating Pacific Northwest Tribal Fishing Rights, Ryan Hickey
Public Land & Resources Law Review
Isaac Stevens, then Superintendent of Indian Affairs and Governor of Washington Territory, negotiated a series of treaties with Indian tribes in the Pacific Northwest during 1854 and 1855. A century and a half later in 2001, the United States joined 21 Indian tribes in filing a Request for Determination in the United States District Court for the District of Washington. Plaintiffs alleged the State of Washington had violated those 150-year-old treaties, which remained in effect, by building and maintaining culverts under roads that prevented salmon passage. This litigation eventually reached the Ninth Circuit Court of Appeals, which held in favor …
Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands, 2018 Haub School of Environment and Natural Resources and the University of Wyoming College of Law
Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands, Temple Stoellinger, L. Steven Smutko, Jessica M. Western
Public Land & Resources Law Review
As demand and consumption of natural gas increases, so will drilling operations to extract the natural gas on federal public lands. Fueled by the shale gas revolution, natural gas drilling operations are now frequently taking place, not only in the highly documented urban settings, but also on federal public lands with high conservation value. The phenomenon of increased drilling in sensitive locations, both urban and remote, has sparked increased public opposition, requiring oil and gas producers to reconsider how they engage the public. Oil and gas producers have increasingly deployed the concept of a social license to operate to gain …