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Coastal Petroleum's Fight To Drill Off Florida's Gulf Coast, Leigh Derenne Braslow 2018 Florida State University College of Law

Coastal Petroleum's Fight To Drill Off Florida's Gulf Coast, Leigh Derenne Braslow

Florida State University Journal of Land Use and Environmental Law

This Comment examines the six year litigation between Coastal Petroleum and the State of Florida over a vast lease of oil drilling rights that the State and Coastal negotiated almost half a century ago. Coastal Petroleum argues that Florida's 1990 offshore ban on oil drilling deprives the company of its property rights. The company also argues that it should not be required to post an enormous security bond in order to obtain its drilling permit for the leased area. The Comment analyzes five different legal doctrines that might be asserted in litigation: (1) Submerged Lands Act; (2) public trust ...


Exacting Public Beach Access: The Viability Of Permit Conditions And Florida's State Beach Access Laws After Dolan V. City Of Tigard, Shawn M. Willson 2018 Florida State University College of Law

Exacting Public Beach Access: The Viability Of Permit Conditions And Florida's State Beach Access Laws After Dolan V. City Of Tigard, Shawn M. Willson

Florida State University Journal of Land Use and Environmental Law

In the aftermath of Nollan v. California Coastal Commission and Dolan v. City of Tigard, local governments may find it more difficult to utilize permit conditions as a tool for preserving beach access. This Comment explores the viability of Florida's beach access laws after these decisions, examining the potential effects on permitting for construction at the local level. As an introduction, the Comment reviews Florida's current beach access statutes and discusses the Nollan and Dolan cases. The Comment then analyzes the true meaning of the "rough proportionality" requirement of Dolan, entertaining views from subsequent case law and commentators ...


Amending The National Environmental Policy Act: Federal Environmental Protection In The Twenty-First Century, Paul S. Weiland 2018 Florida State University College of Law

Amending The National Environmental Policy Act: Federal Environmental Protection In The Twenty-First Century, Paul S. Weiland

Florida State University Journal of Land Use and Environmental Law

The National Environmental Policy Act (NEPA) represents the cornerstone of American environmental law and marks the beginning of the environmental law statutory movement in the United States. This Article traces the evolution of NEPA and the environmental movement and describes the framers' intent in passing NEPA. Next, the Article examines judicial and executive interpretations of NEPA. The Article concludes by assessing NEPA's present state and suggesting possible reforms to ensure a strong future commitment to NEPA.


Private Property Rights In Florida: Is Legislation The Best Alternative?, Robert P. Butts 2018 Florida State University College of Law

Private Property Rights In Florida: Is Legislation The Best Alternative?, Robert P. Butts

Florida State University Journal of Land Use and Environmental Law

This Article analyzes the Bert J. Harris, Jr. Private Property Rights Protection Act (Act) passed by the Florida Legislature in 1995. In addition to examining the legislation, the Article includes an examination of the Act in the context of existing Florida takings case law. This is done by comparing the present case results to the anticipated results under the Act. This evaluation is followed by reviewing the perspective views of both the property rights proponents and opponents. Next, the author discusses the anticipated state of takings law in Florida. The author concludes that legislation is the best way to address ...


The Politics Of Municipal Incorporation In South Florida, Russel M. Lazega, Charles R. Fletcher 2018 Florida State University College of Law

The Politics Of Municipal Incorporation In South Florida, Russel M. Lazega, Charles R. Fletcher

Florida State University Journal of Land Use and Environmental Law

In the past few years, more affluent unincorporated communities have chosen incorporation, particularly in South Florida. This Article addresses the recent incorporation phenomenon in Florida, examining the causes and effects of the movement. The first part of the Article provides background on the structure of Florida's local government system. Additionally, the Article discusses the advantages of incorporation to Florida's communities, explaining the impetus for this new trend. Next, the Article explores the revenue tax base erosion resulting from these recent incorporations and discusses other problems caused by the incorporation wave. Lastly, the Article presents potential options to assuage ...


Litigating Suitum V. Tahoe Regional Planning Agency In The United States Supreme Court, Richard J. Lazarus 2018 Georgetown University Law Center

Litigating Suitum V. Tahoe Regional Planning Agency In The United States Supreme Court, Richard J. Lazarus

Florida State University Journal of Land Use and Environmental Law

On May 27, 1997, the United States Supreme Court decided Suitum v. Tahoe Regional Planning Agency, a case addressing ripeness issues as they pertain to regulatory takings and transferable developmental rights (TDRs). As record counsel for the Tahoe Regional Planning Agency in the Suitum, Professor Lazarus considers the strategic litigation choices made by both parties and their impact on the Suitum litigation. By way of introduction, this essay recounts the Suitum facts from two different perspectives, that of petitioner and respondent. Then the essay explores the ways that the parties chose to litigate their respective sides, expounding upon the issues ...


The Terminology Of Florida's New Property Rights Law: Will It Allow Equity To Prevail Or Government To Be "Taken" To The Cleaners?, Ellen Avery 2018 Florida State University College of Law

The Terminology Of Florida's New Property Rights Law: Will It Allow Equity To Prevail Or Government To Be "Taken" To The Cleaners?, Ellen Avery

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Florida's Troubled Inland Protection Trust Fund: Common Law Actions As Alternative Remedies For An Innocent Buyer Of Contaminated Commercial Land, Robert A. Bass 2018 Florida State University College of Law

Florida's Troubled Inland Protection Trust Fund: Common Law Actions As Alternative Remedies For An Innocent Buyer Of Contaminated Commercial Land, Robert A. Bass

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


The Personal Injury Endorsement: An Unwarranted Straining To Obtain Insurance Coverage For Environmental Damage, Richard L. Bradford 2018 Florida State University College of Law

The Personal Injury Endorsement: An Unwarranted Straining To Obtain Insurance Coverage For Environmental Damage, Richard L. Bradford

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Informational And Procedural Standing After Lujan V. Defenders Of Wildlife, Brian J. Gatchel 2018 Florida State University College of Law

Informational And Procedural Standing After Lujan V. Defenders Of Wildlife, Brian J. Gatchel

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Ripeness And Forum Selection In Fifth Amendment Takings Litigation, Thomas E. Roberts 2018 Wake Forest University School of Law

Ripeness And Forum Selection In Fifth Amendment Takings Litigation, Thomas E. Roberts

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Analyzing Evidence Of Environmental Justice, Vicki Been 2018 New York University School of Law

Analyzing Evidence Of Environmental Justice, Vicki Been

Florida State University Journal of Land Use and Environmental Law

This article was adapted from a talk given for the Florida State University Journal of Land Use & Environmental Law Distinguished Lecture Series in October 1995. The research discussed in this article was funded in part by the Environmental Protection Agency, pursuant to Grant Number R821299-01-1. Financial assistance also was generously provided by the Filomen D'Agostino and Max E. Greenberg Research Fund at New York University School of Law. The research was conducted by Professor Been and Frances Gupta, Ph.D. Candidate, New York University Department of Economics. They would like to thank Douglas Anderton, Benjamin Goldman, Lewis Kornhauser, Richard ...


In Re Jensen: Demonstrating The Need For Supreme Court Resolution Of The Conflict Between Cercla And The Bankruptcy Code, John R. Bevis 2018 Florida State University College of Law

In Re Jensen: Demonstrating The Need For Supreme Court Resolution Of The Conflict Between Cercla And The Bankruptcy Code, John R. Bevis

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Reaching In The Wrong Pocket?: Dimmitt Chevrolet, Inc. V. Southeastern Fidelity Insurance Corporation, David J. Barberie 2018 Florida State University College of Law

Reaching In The Wrong Pocket?: Dimmitt Chevrolet, Inc. V. Southeastern Fidelity Insurance Corporation, David J. Barberie

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Ebb And Flow Of Florida's Public Trust Doctrine Through The Opinions Of Justice James B. Whitehead, Rosanne Gervasi Capeless 2018 Florida State University College of Law

Ebb And Flow Of Florida's Public Trust Doctrine Through The Opinions Of Justice James B. Whitehead, Rosanne Gervasi Capeless

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


The Finality Ripeness In Federal Land Use Cases From Hamilton Bank To Lucas, R. Jeffrey Lyman 2018 Florida State University College of Law

The Finality Ripeness In Federal Land Use Cases From Hamilton Bank To Lucas, R. Jeffrey Lyman

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Fruit Of The Philadelphia Tree: Toxic For State Regulation Of Out-Of-State Waste, Ann E. Christopher 2018 Florida State University College of Law

Fruit Of The Philadelphia Tree: Toxic For State Regulation Of Out-Of-State Waste, Ann E. Christopher

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Finding An Environmental Felon Under The Corporate Veil: The Responsible Corporate Officer Doctrine And Rcra, Sidney M. Wolf 2018 University of Massachusetts at Amherst

Finding An Environmental Felon Under The Corporate Veil: The Responsible Corporate Officer Doctrine And Rcra, Sidney M. Wolf

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Vatalaro V. Department Of Environmental Regulation: The Mysterious Takings Rule, Valerie A. Collins 2018 Florida State University College of Law

Vatalaro V. Department Of Environmental Regulation: The Mysterious Takings Rule, Valerie A. Collins

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Takings Law In Florida: The Whole Is Greater Than The Sum Of Its Parcels, David K. Thulman 2018 Florida State University College of Law

Takings Law In Florida: The Whole Is Greater Than The Sum Of Its Parcels, David K. Thulman

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


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