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Full-Text Articles in Law
Florida's Development Of Regional Impact Process, Practice, And Procedure, Alfred Lloyd Frith
Florida's Development Of Regional Impact Process, Practice, And Procedure, Alfred Lloyd Frith
Florida State University Journal of Land Use and Environmental Law
This Article sets forth and analyzes the Development of Regional Impact (DRI) Process and suggests changes which should be made to improve the process under the Florida Environmental Land and Water Management Act. The Article discusses how to determine whether a project is a DRI subject to regulation under chapter 380, Florida Statutes. The Article also discusses various DRI review procedures, including regular DRI review, coordinated review process, master development approval, substantial deviations, and area-wide development plans. The Article explains the appeals process under chapter 380, including standing, procedure and scope of review. The Article concludes that if the DRI …
Balancing Economic Growth And Air Pollution: Prevention Of Significant Deterioration And The Protection Of Florida's Future, Enola R. Tobi
Balancing Economic Growth And Air Pollution: Prevention Of Significant Deterioration And The Protection Of Florida's Future, Enola R. Tobi
Florida State University Journal of Land Use and Environmental Law
This Article researches the history of the Prevention of Significant Deterioration (PSD) program of the Clean Air Act, which serves to protect air quality in areas of the nation where the air is cleaner than the national ambient air quality standards. The Article also attempts to align the goals of the PSD program with those of the State of Florida, and proposes a system of administration that would accomplish these goals with the fewest restrictions. Finally, the Article analyzes the present methods adopted by other states, as well as those proposed by economists, industry members and environmentalists.
The Valuation Of Wetlands, Kathryn Gale Winter Cowdery, Karl Scheuerman, J. Christopher Lombardo
The Valuation Of Wetlands, Kathryn Gale Winter Cowdery, Karl Scheuerman, J. Christopher Lombardo
Florida State University Journal of Land Use and Environmental Law
This Article asserts that an understanding of wetland valuation requires consideration of many disciplines, including biology, chemistry, social sciences, economics, and state and federal law. The authors explain that wetland valuation is dependent upon the definition of "wetland" in the area under study and the surrounding situation, and conclude that if practitioners understand the major points of wetland appraisal, they will be able to present hearing officers and judges with relatively sophisticated, comprehensive, and accurate information upon which rulings can be based.
Administrative License Renewal And Due Process -- A Case Study, Delcianna J. Winders
Administrative License Renewal And Due Process -- A Case Study, Delcianna J. Winders
Florida State University Law Review
Scholars have recently noted the paucity of scholarship on administrative licenses as especially significant given the prevalence-indeed ubiquity-of administrative licenses today.This Article contributes to filling that void by tackling an aspect of administrative licensing that has received especially little attention and, as a result, has been a source of serious confusion: license renewals. As this Article details, administrative license renewal practices raise interesting and important questions about administrative law and procedural due process. Does one have a property interest in a license after that license expires by its terms? Is an agency's decision not to renew a license more akin …