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

Land Use Planning Commons

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

1,266 Full-Text Articles 979 Authors 302,040 Downloads 72 Institutions

All Articles in Land Use Planning

Faceted Search

1,266 full-text articles. Page 1 of 19.

Preventing Cold War: Militarization In The Southernmost Continent And The Antarctic Treaty System's Fading Effectiveness, Dillon A. Redding 2014 SelectedWorks

Preventing Cold War: Militarization In The Southernmost Continent And The Antarctic Treaty System's Fading Effectiveness, Dillon A. Redding

Dillon A Redding

This note argues that the preservation of Antarctica for peaceful research and internationally cooperative activity as envisioned originally by the Antarctic Treaty in 1961 has gone unrealized amid growing international interest in the strategic advantages offered by Antarctica, including the possibility of large swathes of mineral deposits and optimal locations for satellite stations. Part 1 describes the motivations behind the Antarctic Treaty System (ATS) and outlines the relevant provisions of the Antarctic Treaty. Part 2 examines the military advantages to a state presence in Antarctica and the ways in which the ATS allows for such a presence to be carried ...


Confusing Regulatory Takings With Regulatory Exactions: The Supreme Court Gets Lost In The Swamp Of Koontz, Israel Piedra 2014 Boston College Law School

Confusing Regulatory Takings With Regulatory Exactions: The Supreme Court Gets Lost In The Swamp Of Koontz, Israel Piedra

Boston College Environmental Affairs Law Review

In 2013, the Supreme Court concluded that monetary exactions must be considered with the same judicial scrutiny as land exactions. Land exactions are required contributions from an individual to a government entity in exchange for approval to develop real property. Land exactions proposed by regulatory bodies must be roughly proportional and bear a nexus to the development permit requested, otherwise the exaction constitutes a taking in violation of the Fifth Amendment. In Koontz v. St. Johns River Management District, the Supreme Court extended the nexus/rough proportionality test to instances in which government bodies impose monetary conditions on land development ...


Wildearth Guardians V. Jewell, 738 F.3d 298 (D.C. Cir. 2013), Ross Keogh 2014 The University of Montana School of Law

Wildearth Guardians V. Jewell, 738 F.3d 298 (D.C. Cir. 2013), Ross Keogh

Public Land and Resources Law Review

As part of a comprehensive strategy to keep coal “in the ground,” environmental plaintiffs challenged the BLM’s leasing of federally owned coal tracts in the Powder River Basin in 2010 on climate change grounds. WildEarth Guardians was the first suit to reach a federal circuit court, where the District of Columbia Circuit Court affirmed that the BLM’s environmental analysis of the climate change impacts of the leased coal was adequate under NEPA. Notably, in reversing the district court, the circuit court found that the plaintiffs had procedural standing.


Sprawl And The Law, Michael Lewyn 2014 Touro College Jacob D. Fuchsberg Law Center

Sprawl And The Law, Michael Lewyn

Michael E Lewyn

Powerpoint used as basis for speech explaining legal issues related to suburban sprawl, focusing on legal rules (such as single-use zoning, minimum parking requirements, and subdivision regulations encouraging wide streets and long blocks) that contribute to sprawl.


Let Educators Educate, Let Builders Build: Making A Case For School Facility Privatization, John Pizzo 2014 SelectedWorks

Let Educators Educate, Let Builders Build: Making A Case For School Facility Privatization, John Pizzo

John Pizzo

No abstract provided.


Making ‘Conservation’ Work For The 21st Century – Enabling Resilient Place, Jerrold A. Long 2014 SelectedWorks

Making ‘Conservation’ Work For The 21st Century – Enabling Resilient Place, Jerrold A. Long

Jerrold A Long

During the New Deal, as part of a larger effort implementing Progressive-era “conservation” regimes, the federal government authorized the structurally-invasive Flood Control Act of 1936. At the same time, the Standard State Soil Conservation Districts Law promoted the creation of local, place-based efforts to protect or restore locally-valued resources. “Conservation” thus came to signify both the invasive, structural, engineering approach of mid-20th Century flood control, and the local, more responsive and flexible nature of soil conservation districts. But our understandings of our place in the natural world have changed subtly but significantly over the past century. Any legitimate natural ...


The Pcs Nitrogen Case: A Chilling Effect On Prospective Contaminated Land Purchases, Kellie Fisher 2014 Boston College Law School

The Pcs Nitrogen Case: A Chilling Effect On Prospective Contaminated Land Purchases, Kellie Fisher

Boston College Environmental Affairs Law Review

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) requires that all potentially responsible parties, including current and former land owners, contribute to the costs of cleanup of contaminated property. CERCLA includes a provision that grants bona fide prospective purchaser (BFPP) status and exemption from liability to land owners if liability under CERCLA is based solely on owning the land. In PCS Nitrogen v. Ashley II of Charleston, the U.S. Court of Appeals for the Fourth Circuit refused to grant BFPP status to Ashley II and suggested that a high standard of due care is required to obtain such ...


Demanding Supply: The Bioenergy Farm Lease’S Critical Role In Biomass Supply Chain Optimization, A. Bryan Endres, Elise C. Scott 2014 SelectedWorks

Demanding Supply: The Bioenergy Farm Lease’S Critical Role In Biomass Supply Chain Optimization, A. Bryan Endres, Elise C. Scott

A. Bryan Endres

As the bioenergy industry in the U.S. expands to meet increased demands for transportation fuel under the Renewable Fuel Standard and electrical power under state Renewable Portfolio Standards, farmers will seek the ability to grow dedicated, high-yielding energy crops of a perennial nature on leased property. Given the large amount of farmland in the U.S. that is leased, such contributions will represent a significant, though currently not well understood, portion of the biofuel industry supply chain. Through the use of contracts as governance schemes, the parties to a bioenergy farm lease can navigate three key areas of such ...


In Defense Of Disparate Impact: An Opportunity To Realize The Promise Of The Fair Housing Act, Valerie Schneider 2014 SelectedWorks

In Defense Of Disparate Impact: An Opportunity To Realize The Promise Of The Fair Housing Act, Valerie Schneider

Valerie Schneider

Abstract:

Twice in the past three years, the Supreme Court has granted certiorari in Fair Housing cases, and, each time, under pressure from civil rights leaders who feared that the Supreme Court might narrow current Fair Housing Act jurisprudence, the cases settled just weeks before oral argument. Settlements after the Supreme Court grants certiorari are extremely rare, and, in these cases, the settlements reflect a substantial fear among civil rights advocates that the Supreme Court’s recent decisions in cases such as Shelby County v. Holder and Fisher v. University of Texas are working to dismantle many of the protections ...


C(R)Ap And Trade: The Brave New World Of Non-Point Source Nutrient Trading And Using Lessons From Greenhouse Gas Markets To Make It Work, Victor B. Flatt 2014 SelectedWorks

C(R)Ap And Trade: The Brave New World Of Non-Point Source Nutrient Trading And Using Lessons From Greenhouse Gas Markets To Make It Work, Victor B. Flatt

Victor B Flatt

After several decades of improvement, water quality in the United States is getting worse, and the problem is primarily caused by run-off from non-point sources, such as farms and urban development. These non-point sources have never had regulatory mandates in the Clean Water Act, and have proven very difficult to control. With little likelihood of comprehensive statutory changes, the EPA and the states that administer the Clean Water Act have looked to other regulatory means to address this problem. One of the most prominent has been the use of markets in pollution (particularly for nutrient pollution from run-off) to provide ...


Implementing The Policy Of The U.N. Declaration On The Rights Of Indigenous Peoples, Roxanne T. Ornelas 2014 Western University

Implementing The Policy Of The U.N. Declaration On The Rights Of Indigenous Peoples, Roxanne T. Ornelas

The International Indigenous Policy Journal

On September 13, 2007, the United Nations General Assembly voted to adopt the Declaration on the Rights of Indigenous Peoples (UNDRIP). This was an historic event as work on UNDRIP had been ongoing for 30 years before its passage. Today, UNDRIP provides a framework for addressing human rights protections for Indigenous peoples globally. This article examines the significance of UNDRIP as a public policy tool for developing national policy to support future resource and land management consultations that are based on free, prior, and informed consent.


Chapter 10: Our Citizen Briefing Points To The God Committee Staff, Zygmunt J.B. Plater 2014 Boston College Law School

Chapter 10: Our Citizen Briefing Points To The God Committee Staff, Zygmunt J.B. Plater

Snail Darter Documents

Notes compiled in preparation for Zygmunt Plater's testimony before the "God Committee" - the Endangered Species Committee of the U.S. Department of the Interior - on January 23, 1979.

Manuscript section from The Snail Darter and the Dam: How Pork-Barrel Politics Endangered a Fish and Killed a River. Represents a portion of the original manuscript edited out when the text was condensed for publication.


Chapter 11: The Duncan-Baker Rider Amendmenton The 1980 Water Projects Appropriations Bill, Zygmunt J.B. Plater 2014 Boston College Law School

Chapter 11: The Duncan-Baker Rider Amendmenton The 1980 Water Projects Appropriations Bill, Zygmunt J.B. Plater

Snail Darter Documents

Text of the amendment offered by Congressman John Duncan, Sr. to the 1980 Water Appropriations Bill, which authorized the completion of the Tellico Dam and Reservoir project despite the Supreme Court's finding that the project was in violation of the Endangered Species Act.

Manuscript section from The Snail Darter and the Dam: How Pork-Barrel Politics Endangered a Fish and Killed a River. Represents a portion of the original manuscript edited out when the text was condensed for publication.


Chapter 11: The First Defeat Of The Override Attempt—In The Senate Committee On Envt&Public Works, Zygmunt J.B. Plater 2014 Boston College Law School

Chapter 11: The First Defeat Of The Override Attempt—In The Senate Committee On Envt&Public Works, Zygmunt J.B. Plater

Snail Darter Documents

Text of the amendment offered by Congressman John Duncan, Sr. to the 1980 Water Appropriations Bill, which authorized the completion of the Tellico Dam and Reservoir project despite the Supreme Court's finding that the project was in violation of the Endangered Species Act.

Manuscript section from The Snail Darter and the Dam: How Pork-Barrel Politics Endangered a Fish and Killed a River. Represents a portion of the original manuscript edited out when the text was condensed for publication.


Countdown To Blastoff: Florida's Deadline For Spaceport Zoning Laws, Anthony G. Ison 2014 SelectedWorks

Countdown To Blastoff: Florida's Deadline For Spaceport Zoning Laws, Anthony G. Ison

Anthony G Ison

No abstract provided.


The Environmental Limitations To Property Rights In Brazil And The United States Of America, Leonardo Munhoz 2014 Pace University

The Environmental Limitations To Property Rights In Brazil And The United States Of America, Leonardo Munhoz

Dissertations & Theses

This thesis aims to comparatively analyze the legislative evolution that environmental protection has experienced in the Brazilian versus the American legal systems and their relationship with property rights.

Demonstrably, Brazil’s concern with the environment actually came into focus in the 1980s and it therefore received treatment within the Federal Constitution of 1988, as a diffuse right, contributing to better, stronger environmental protection.

Similarly, the protection of the environment in the American Constitution and its statutes as well as their enforcement and interpretation within the legal system are explored.

Of concern is the notion that environmental protection and third-generation rights ...


The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn 2014 Touro College Jacob D. Fuchsberg Law Center

The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn

Michael E Lewyn

Some commentators suggest that comprehensive planning is indispensable for smart growth (that is, less auto-centric development). This paper argues that municipal comprehensive plans, like zoning, are merely a tool that can be used to support sprawl as easily as smart growth. Thus, planning, although desirable for a variety of reasons, is not absolutely sufficient or necessary for smart growth.


Historic Preservation Law In A Nutshell, Sara C. Bronin, Ryan M. Rowberry 2014 SelectedWorks

Historic Preservation Law In A Nutshell, Sara C. Bronin, Ryan M. Rowberry

Sara C Bronin

The purpose of this book is to provide a concise, coherent reference for the emerging field of historic preservation law for lawyers, policymakers, planners, architects, and students alike.

We consider preservation law to be “emerging” because it began to fully develop in the United States only in the last fifty years. Two key transition points happened at the federal level: the 1966 passage of the National Historic Preservation Act and the 1978 Penn Central Supreme Court decision, which upheld a landmarks law against a constitutional challenge and consequently encouraged other localities to adopt similar ordinances. (Of course, this book covers ...


On The Waterfront: New York City's Climate Change Adaptation And Mitigation Challenge (Part 1 Of 2), sarah J. adams-schoen 2014 Touro College Jacob D. Fuchsberg Law Center

On The Waterfront: New York City's Climate Change Adaptation And Mitigation Challenge (Part 1 Of 2), Sarah J. Adams-Schoen

Scholarly Works

New York City is a city on the waterfront. With 520 miles of coastline, New York City’s coastline is longer than the coastlines of Miami, Boston, Los Angeles and San Francisco combined. Nearly nine million New Yorkers live in areas vulnerable to flooding, storm surges and other natural disaster-related risks that are increasing as a result of climate change.

New York City didn’t wait for a devastating storm to begin comprehensively addressing the effects of climate change. The City’s extensive climate change mitigation and resiliency efforts and communications strategy have put the City in a league of ...


Of Trees, Vegetation, And Torts: Re-Conceptualizing Reasonable Land Use, L. Daniel Bidwell 2014 The Catholic University of America, Columbus School of Law

Of Trees, Vegetation, And Torts: Re-Conceptualizing Reasonable Land Use, L. Daniel Bidwell

Catholic University Law Review

No abstract provided.


Digital Commons powered by bepress