Law Commons^™

Recreational Zoning: Concept Used In Inappropriate Context Raises Troubling Issues, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The Second Department Appellate Division’s holding in Bonnie Briar Syndicate, Inc. v. Mamaroneck upheld local rezoning in Mamaroneck, New York, from residential to recreational use despite legal challenges that the zoning change constituted an unreasonable use of municipal police power as well as a regulatory taking. The case cited several New York precedents. Each held that so long as rezoning is in accordance with the local comprehensive plan, the zoning shall be held constitutional. However, concerns linger among private residents and local municipalities regarding recreational rezoning projects, which despite providing significant benefits for the community, must be justified by a …

Trail Mountain Coal Co. V. Utah Division Of State Lands & Forestry: Can States Retroactively Alter Their Own Contractual Obligations?, Michael S. Lee

BYU Law Review

No abstract provided.

City's Watershed Regulation: Localities, Landowners Object To Changes In Jurisdiction, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The Watershed Rules and Regulations, created by New York City’s Department of Environmental Protection, influence several facets of law, including the ability of local governments to regulate actions such as construction. Several landowners in the affected area have taken issue with the regulation. Specifically, they challenge the constitutionality of the city’s extraterritorial control on outside municipalities because of the resulting diminutive effect of the regulations on private property values. This article discusses these issues, as well as the legal ability for potential plaintiffs to sue.

The Western Water Policy Review Advisory Commission: Another Look At Western Water, Denise D. Fort

Natural Resources Journal

No abstract provided.

Recycling: Anything But Garbage, Heather P. Behnke, Kathleen M. Bennett, Amy L. Du Vall

Buffalo Environmental Law Journal

No abstract provided.

Harbor Plan For The Town Of Provincetown, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

Provincetown Harbor is an attractive focus of activity for the entire community which surrounds it. The Harbor area is a complex place that requires public attention to ensure appropriate use and a clean environment. The Provincetown Harbor Plan establishes practical steps to meet these goals. This Plan values the present character and activities within the Harbor area. Rather than seeking dramatic changes, the objective of the Plan is to enhance the Harbor through better management and by accomplishing a list of coordinated improvements.

The Plan envisions a future Provincetown Harbor with substantially greater access and a more pleasant character along …

Rfra Is Not Needed: New York Land Use Regulations Accommodate Religious Use, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The case of City of Boerne v. Flores marked an important day in the history of the Constitution. The decision of the United States Supreme Court invalidated the Religious Freedom Restoration Act as applied to a local Texas zoning ordinance. The ordinance created a historical preservation area in an attempt to curb a church from expanding its buildings. The Supreme Court held that the Freedom Restoration Act went beyond Congress’s power because of the Act’s broad coverage and potential to intrude on laws regardless of context. This holding parallels the general application of the New York case law, which, generally …

Divestment Of Federal Water Projects, A. Jack Garner

Dams: Water and Power in the New West (Summer Conference, June 2-4)

21 pages.

Contains references.

The River Association Approach To Privatization Of Federal Hydro Projects, Michael K. Block

Dams: Water and Power in the New West (Summer Conference, June 2-4)

15 pages.

Greener And More Equitable: A Vision For Dams And Other Western Water Issues, Bruce C. Driver

Dams: Water and Power in the New West (Summer Conference, June 2-4)

10 pages.

Contains 1 page of references.

The Future Of Western Water Developments, John Keys

Dams: Water and Power in the New West (Summer Conference, June 2-4)

9 pages.

River Management In The Twenty-First Century: The Vision Thing, A. Dan Tarlock

Dams: Water and Power in the New West (Summer Conference, June 2-4)

12 pages.

Contains references.

Initiatives And Conflicts In Changing Federal Facility Operation, Lawrence J. Macdonnell

Dams: Water and Power in the New West (Summer Conference, June 2-4)

18 pages.

Contains references.

Integrating New Values With Old Uses In The Relicensing Of Kingsley Dam And Related Facilities (Making Part Of The Problem A Part Of The Solution), Margot Zallen

Dams: Water and Power in the New West (Summer Conference, June 2-4)

21 pages (includes illustrations and map).

Patterns Of Demographic And Economic Change In The Western United States, Pamela Case

Dams: Water and Power in the New West (Summer Conference, June 2-4)

17 pages.

Contains footnotes.

New Demands For Tribal Rights To Federal Water And Power, Jeanne S. Whiteing

Dams: Water and Power in the New West (Summer Conference, June 2-4)

12 pages.

Restructuring Of The Electric Utility Industry: Free Markets And Environmental Protection, Rick Gilliam

Dams: Water and Power in the New West (Summer Conference, June 2-4)

12 pages.

Contains 1 page of references.

Dams: Their Costs And Benefits, Daniel F. Luecke

Dams: Water and Power in the New West (Summer Conference, June 2-4)

13 pages (includes illustrations).

Contains 3 pages of references.

Agenda: Dams: Water And Power In The New West, University Of Colorado Boulder. Natural Resources Law Center

Dams: Water and Power in the New West (Summer Conference, June 2-4)

Conference organizers and/or speakers included University of Colorado School of Law professors David H. Getches, Douglas S. Kenney, Kathryn M. Mutz, Elizabeth Ann (Betsy) Rieke, Charles F. Wilkinson and Lawrence J. MacDonnell.

The keynote address by Charles F. Wilkinson is titled Coming to Grips with Growth in the West: Traditional Communities, Free Rivers and the New Megalopoli, and it will be held on Monday, June 2, at 12:30 p.m. in the Lindsley Memorial Courtroom of the law school. Wilkinson is a noted law professor, writer and authority on Western issues.

The conference will begin by providing historical context for the …

Coming To Grips With Growth In The West: Traditional Communities, Free Rivers, And The New Megalopolises, Charles Wilkinson

Dams: Water and Power in the New West (Summer Conference, June 2-4)

25 pages.

Contains 2 pages of references.

Telecommunications Act Of 1996: 704 Of The Act And Protections Afforded The Telecommunications Provider In The Facilities Sitting Context, The, Peter M. Degnan, Scott A. Mclaren, Michael T. Tennant

Michigan Telecommunications & Technology Law Review

The Telecommunications Act of 1996, signed into law by President Clinton in February, addresses, among many other important subjects, some of the technical problems that have arisen from the increasing popularity of mobile communications. This article will provide an overview of the Act and will focus specifically on the protections afforded a telecommunications provider in § 704 of the Act.

Inter/Intra-Generational Equity: Current Applications Under International Law For Promoting The Sustainable Development Of Natural Resources, G. F. Maggio

Buffalo Environmental Law Journal

No abstract provided.

Not In My Backyard: A Critique Of Current Indiana Law On Land Use Moratoria, Thaddeus R. Ailes

Indiana Law Journal

No abstract provided.

The Voluntary Remediation And Redevelopment Act--West Virginia Restructures Environmental Liability, M. Ann Bradley, David L. Yaussy

West Virginia Law Review

No abstract provided.

Where Yards Are Wide: Have Land Use Planning And Law Gone Away?, Lee R. Epstein

William & Mary Environmental Law and Policy Review

No abstract provided.

Two Cheers For Shifting The Presumption Of Validity: A Reply To Professor Hopperton (With D. Mandelker), A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

Land Use Regulation And The Takings Clause: How Much Use Must An Owner Lose Before Being Entitled To Compensation Because The Government Has Taken The Property?, Patrick C. Mcginley

Law Faculty Scholarship

No abstract provided.

The Statutory And Constitutional Mandate For A No Surprises Policy, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

Litter Or Literature: Does The First Amendment Protect Littering Of Neighborhoods?, Stephen Durden

Stephen Durden

Pamphlets can be as simple as a single piece of paper or as voluminous as a small newspaper placed in a plastic bag. Each method of distribution engenders its own particular problems. The purpose of this Article is to examine the legal implications of pamphlet distribution, particularly distribution on residential property. Are these pamphlets litter or literature? Or, might they be called “litter-ature”--a combination of both? The first part of this Article sets forth some of the problems associated with the distribution of pamphlets, especially on residential property. The second part examines the First Amendment speech implications of distributing literature …

The Commerce Clause, Environmental Justice, And The Interstate Garbage Wars, Robert R.M. Verchick

Robert R.M. Verchick

This Article critically examines the Court's garbage cases in conjunction with traditional principles of Commerce Clause jurisprudence for the purpose of constructing a doctrine that is at once constitutionally and ecologically sound. The Article is divided into five parts. Part I briefly describes the current state of the garbage wars, both in terms of environmental effects and in terms of constitutional developments. Parts II and III critically examine the Court's garbage cases from the perspectives of two traditional justifications for the negative Commerce Clause: encouraging fair representation of residents across state lines and discouraging economic protectionism. Here I conclude that …