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Articles 31 - 60 of 148
Full-Text Articles in Law
Land Use For Energy Conservation And Sustainable Development: A New Path Toward Climate Change Mitigation, John R. Nolon
Land Use For Energy Conservation And Sustainable Development: A New Path Toward Climate Change Mitigation, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Land use tools and techniques have impressive potential to reduce energy consumption, improve the economy, and mitigate climate change. This article explores the little understood influence of local land use decision-making on energy conservation and sustainable development and how it can mitigate climate change if properly assisted by the federal and state governments. The construction and use of buildings combined with extensive vehicular travel throughout the nation’s human settlements consume large amounts of energy, and much of that consumption is highly inefficient. By enforcing and enhancing energy codes, encouraging the use of combined heat and power and district energy systems, …
Land Use For Economic Development In Tough Financial Times, John R. Nolon
Land Use For Economic Development In Tough Financial Times, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The recession hit cities hard. Basic municipal staffs and services are being cut, debt is being restructured, capital projects delayed, and other cost cutting measures reported. The Congressional Budget Office reports that by November of last year there were 241,000 fewer municipal employees than there were three years earlier when the recession began. In its most recent report from city finance officers, the National League of Cities states that city spending cutbacks since 2009 are the largest since the survey was first taken, over twenty-five years ago. Despite this serious trend, municipalities have not defaulted in debt payment and there …
Integrating Sustainable Development Planning And Climate Change Management: A Challenge To Planners And Land Use Attorneys, John R. Nolon
Integrating Sustainable Development Planning And Climate Change Management: A Challenge To Planners And Land Use Attorneys, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This essay is based on our new book, Climate Change and Sustainable Development Law in a Nutshell (West 2011) which describes the close relationship between sustainable development and climate change management. It begins with a discussion of recent discussions and agreements at the international level and it provides a brief history of sustainable development and climate change policy. The article then explores national and local strategies to address sustainable development goals. Local planning and zoning, transit oriented development, energy efficiency and green infrastructure issues are also addressed.
Practically Grounded: Convergence Of Land Use Law Pedagogy And Best Practices, John R. Nolon
Practically Grounded: Convergence Of Land Use Law Pedagogy And Best Practices, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The changing dynamics in the field of land use and sustainable community development law demand that land use law professors rethink the way in which we prepare law students to practice law in this area. This needed paradigm shift converges with the growing momentum of the best practices movement which urges law schools to dramatically revise the curricular approach to legal education, arguing that traditional models are no longer effectively serving the goal of producing competent and fully prepared new lawyers. A perfect storm is present and a unique opportunity exists through the application of many “best practices” concepts for …
Climate Change And Sustainable Development: The Quest For Green Communities, Part Ii, John R. Nolon
Climate Change And Sustainable Development: The Quest For Green Communities, Part Ii, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This is the second part of Professor John R. Nolon’s two-part series on climate change mitigation through sustainable development law. Part I ran in October 2009 http://digitalcommons.pace.edu/lawfaculty/646/. In Part I, I argued that local governments should be partners with federal and state governments in managing climate change. This may sound incongruous to the ears of those listening to the debates over cap-and-trade legislation. In that context, state and local programs that cap, auction, tax, regulate, track, or otherwise attempt to manage greenhouse gas emissions are criticized on a number of grounds. The same can be said when the debate turns …
Settlement Raises Questions About Housing Obligations, John R. Nolon, Jessica A. Bacher
Settlement Raises Questions About Housing Obligations, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
It is well established that zoning regulations which operate in an exclusionary capacity are unconstitutional. However, a bright line has yet to be drawn by either the New York legislature or the New York courts as to what constitutes an exclusionary zoning provision. This article examines several restricted holdings of the New York courts and compares the limited New York legislation, such as the 2008 Long Island Workforce Housing Act, to more powerful state legislation from surrounding states, which have had more success abolishing exclusionary zoning.
Climate Change And Sustainable Development: The Quest For Green Communities, Part I, John R. Nolon
Climate Change And Sustainable Development: The Quest For Green Communities, Part I, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This is the first of two commentaries that explore the role of local governments in mitigating and adapting to climate change through sustainable development strategies. They focus on the significant authority to regulate land use and building construction that is delegated to local governments by their states, and how that authority can be coordinated with the roles and responsibilities of state and federal governments to manage climate change and achieve sustainable development.
Rising Tides--Changing Title: Court To Mull Takings Issue, John R. Nolon
Rising Tides--Changing Title: Court To Mull Takings Issue, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The United States Supreme Court has granted certiorari in Walton County v. Stop the Beach Renourishment, Inc., where novel questions arose concerning sea level rise and constitutional property rights of beachfront landowners. In Florida, the state government owns in trust, all beach property below the mean high tide water line, while beachfront landowners own the rights to any land above the mean high tide water line. The line shifts along with beachfront as the beach expands and contracts. In this Florida case, landowners challenge a state statute, which precludes the ocean property line from shifting in favor of the private …
Local Governments Weigh Green Building Standards, John R. Nolon, Jennie C. Nolon
Local Governments Weigh Green Building Standards, John R. Nolon, Jennie C. Nolon
Elisabeth Haub School of Law Faculty Publications
Through New York state legislation, localities are afforded broad authority adopt green building standards that reach beyond those imposed by state law. As localities begin to undertake the challenge of implementing green building initiatives, many legal questions arise. This article examines several instances of green local action and provides examples of successful local projects, as well as local mistakes. The municipalities mentioned include a broad spectrum of communities, from small municipalities such as Mount Kisko, to some of the larger cities in the state such as New York City and Syracuse.
Changing Times--Changing Practice: New Roles For Lawyers In Resolving Complex Land Use And Environmental Disputes, John R. Nolon, Jessica A. Bacher
Changing Times--Changing Practice: New Roles For Lawyers In Resolving Complex Land Use And Environmental Disputes, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
Following this introduction is a discussion of the many excellent papers by academics, practitioners, and students contained in this themed Kheel edition of the Pace Environmental Law Review. The article continues with an analysis of the practice of law and how it is affected by the advent of environmental interest dispute resolution.
The Land Use Stabilization Wedge Strategy: Shifting Ground To Mitigate Climate Change, John R. Nolon
The Land Use Stabilization Wedge Strategy: Shifting Ground To Mitigate Climate Change, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This article describes how local governments, through the clever application of existing land use techniques, can mitigate climate change. This strategic path follows one developed by Princeton professor Robert Socolow, who identified and described fifteen categories for organizing society’s climate change mitigation efforts. Five of Socolow’s strategic categories fall within the reach of local land use authority: reduced use of vehicles, energy efficient buildings, vegetative carbon sequestration, wind power, and solar power. Through the aggregation of these local land use techniques, significant energy savings and carbon dioxide (CO2) reduction can be achieved. After making some background points, this article describes …
Land Use Cases Highlight Lessons, Evolving Patterns: The Year In Review, John R. Nolon, Jessica A. Bacher
Land Use Cases Highlight Lessons, Evolving Patterns: The Year In Review, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
New York courts busily decided a multitude of land use cases in 2008 due to the increased growth in magnitude and complexity of land use issues. This year, as in the past, the authors summarize some of the most important cases. This year’s cases include the following topics: judicial deference to land use board decisions, zoning boards of appeals discretion, standard local practice, the New York State Environmental Quality Review Act, statute of limitations, affordable housing, and eminent domain.
Bill Would Encourage Effective Dispute Resolution, John R. Nolon, Jessica A. Bacher
Bill Would Encourage Effective Dispute Resolution, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
Many of the processes involved in traditional local land use review procedures involve two or more adversarial parties arguing their position with little to no consideration for the other party’s interest, and no regard for mutually beneficial outcome. This article describes a proposed New York law that would promote the use of mediation to supplement the traditional process. The article discusses studies geared towards testing the effectiveness of mediation, gives a review of out of state mediation legislation, as discusses corresponding court decisions. Finally, the article concludes with a review of the traditional roles of lawyers in the process, and …
Solar Energy: New York City Sets Pace In Adopting Sound Policies, John R. Nolon, Jessica A. Bacher
Solar Energy: New York City Sets Pace In Adopting Sound Policies, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
Through state legislation and local land use powers, municipalities in New York have authority to facilitate solar energy usage and reduce carbon emissions. This article analyzes several specific New York and municipal legislative provisions enabling New York’s municipalities to encourage or discourage solar energy. Interestingly, many of the tools discussed in this article are variations of pre-existing traditional land use tools such as, variances, subdivision design requirements, or fee exemptions.
Shifting Ground To Address Climate Change: The Land Use Law Solution, John R. Nolon
Shifting Ground To Address Climate Change: The Land Use Law Solution, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This article conceives and describes a Land Use Stabilization Wedge: a strategy that aggregates these five wedges and further organizes strategic energies. This builds on Socolow’s optimistic assertion that “an excuse for inaction based on the world’s lack of technological readiness does not exist.” I assert that the existing legal authority of state and local governments to regulate and guide land use and building is a powerful “technology already deployed somewhere in the world.” The Land Use Stabilization Wedge aggregates several of Socolow’s initiatives and employs multiple mitigation techniques available to citizens in every locality in the country.
Practitioners Need Broader Expertise: Real Estate Law Is Undergoing Profound Changes, John R. Nolon, Shelby D. Green
Practitioners Need Broader Expertise: Real Estate Law Is Undergoing Profound Changes, John R. Nolon, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
This article discusses the sweeping modifications to real estate law practice as legislators, courts, and lawyers attempt to accommodate a number of real world challenges. The authors’ discussion analyzes several of these transitioning influences, such as an increase in environmental concerns, shifts in environmental legislation, the subprime mortgage crisis, the effect Kelo v. New London has on the lawyers’ role in facilitating redevelopment, as well as the influence of new E-sign laws has on drafting real estate documents.
Vested Rights: Do Land Developers Need More Protection?, John R. Nolon, Jessica A. Bacher
Vested Rights: Do Land Developers Need More Protection?, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
The general doctrine of vested rights protects developers from changes in zoning after they have received a valid building permit. This article explains the two varieties of vested rights laws New York: statutory, and common law. Also discussed, is a new proposal for vested rights legislation that would increase protection for developers over the existing laws. The article closes by citing of some of the concerns with vested rights such as the single integrated project theory, losing vested rights by abandonment, and the equitable estoppel rule.
Wind Power: An Exploration Of Regulations And Litigation, John R. Nolon, Jessica A. Bacher
Wind Power: An Exploration Of Regulations And Litigation, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
Wind power presents an opportunity to harness a sustainable renewable energy source without the use of fossil fuels, which creates a great opportunity to mitigate climate change. However, the large turbines necessary to harness wind energy present several land use issues. This article, in addition to giving an introduction into the benefits of wind power, discusses several of these issues including comprehensive planning, moratoriums on development, and various options and land use tools local governments may use to legally implement wind power within their jurisdictions.
The Future Of Our Land: Presidential Leadership, John R. Nolon
The Future Of Our Land: Presidential Leadership, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Open letter to the President.
Reinventing Redevelopment Law, John R. Nolon, Jessica A. Bacher
Reinventing Redevelopment Law, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
How the land is developed to accommodate the next 100 million people in the U.S. is of critical importance. Future land use patterns and human settlements will determine how cost effective, equitable, and environmentally friendly the country will be in the twenty-first century. The big picture here focuses on metropolitan area settlement patterns. How do cities become more livable, attract back the affluent households they have lost, and develop the tax base they need to support their diverse populations and the cultural, civic, educational, and governmental services they provide their regions? How do older suburbs protect and enhance their aging …
Breaking Ground: Planning And Building In Priority Growth Districts, John R. Nolon, Jessica A. Bacher
Breaking Ground: Planning And Building In Priority Growth Districts, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
It is now understood that compact, mixed use development prevents the ill effects of sprawl and can mitigate climate change significantly. There is an innovative land use technique that can be used by communities to manage and define future growth in a way that provides for such developments and creates more livable places, places that are environmentally, socially, and fiscally sound. Specifically, a community may create Priority Growth Districts, or PGDs, and thereby direct development to selected locations and also specify design standards that meet the needs of the community's current and future residents.
Year In Review: 2007'S Most Significant Land Use Cases, John R. Nolon, Jessica A. Bacher
Year In Review: 2007'S Most Significant Land Use Cases, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
New York courts busily decided a multitude of land use cases due to the increased growth in magnitude and complexity of land use issues. This year, as in the past, the authors provide a summary describing some of the most crucial New York land use cases. This year’s cases include the following topics: review of local board action, takings law, eminent domain, enforcement, jurisdiction, religious land uses, standing, moratoria, and New York’s State Environmental Quality Review Act (SEQRA).
Municipal Lobbying: Regulations May Affect Land Use Practitioners, John R. Nolon
Municipal Lobbying: Regulations May Affect Land Use Practitioners, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Land use and real estate attorneys may find their practice areas impacted by recently passed lobbying legislation in both New York state, and New York City that require burdensome requirements for lawyers whose clients are seeking legislative action. This article explores the history of New York lobbying legislation, recent amendments to the lobbying laws, and the impact that lobbying legislation has on the practice of law. Notably, this review explores Article 1-A of the Legislative Law (known as the “Lobbying Act”) and the Public Employee Ethics Reform Act, both of which expanded the definition of lobbying, and significantly changed the …
Zoning, Transportation, And Climate Change, John R. Nolon
Zoning, Transportation, And Climate Change, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
On February 2, 2006, the Intergovernmental Panel on Climate Change (IPCC) expressed the consensus of the scientific community that global warming is unequivocal and that its main driver is human activity. On April 7, 2007, the IPCC issued a second report detailing the likely consequences of climate change: widening droughts, more severe storm events, increased inland flooding, sea level rise, and consequent inundation of low lying lands. The Center for Climate Systems Research at Columbia University estimates that sea levels around New York City’s boroughs will increase by five inches by 2030, with some estimates predicting up to 12 inches …
Disaster Mitigation Through Land Use Strategies, John R. Nolon
Disaster Mitigation Through Land Use Strategies, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The devastation wrought by Hurricane Katrina brought to public attention the role of land use planning in mitigating natural disasters and which level or levels of government should decide whether and how to undertake this planning. In the Upper Mississippi River Basin, 6 federal agencies, 23 state agencies in 5 states, and 233 local governments share jurisdiction over various areas of activity on the river; the complexity and disorganization of this legal framework stifles effective action. In this Article, John R. Nolon calls for cooperative federalism and a clarification of agency roles as a remedy for this complexity. Through case …
Clustered Zoning Approaches Reduce Congestion, John R. Nolon
Clustered Zoning Approaches Reduce Congestion, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The effect of local zoning on our lives usually goes unnoticed despite its profound influence on human behavior. Zoning controls where we live and work, how we get from point A to point B, and what sort of homes we live in. This article provides examples of successful transit-oriented development projects at the local level as well as how state and federal government can contribute to the clustering effort via financing and research programs as well as providing appropriate infrastructure.
Transit Orientation Reduces Car Dependency, John R. Nolon, Jessica A. Bacher
Transit Orientation Reduces Car Dependency, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
Urban dwellers emit less greenhouse gases per capita than their suburban or rural counterparts because urban environments are conducive to less automobile travel and require less energy to heat or cool their smaller urban living quarters. This article addresses the need for a more comprehensive transit oriented land use paradigm by taking the reader through a step-by-step approach to accomplishing this goal. The suggested model exemplifies the complexity of amending community planning and the importance of incorporating several different groups of people into the planning process. These groups include municipal, state, and federal governments, research groups, developers, and regional transportation …
Local Inclusionary Housing Programs: Meeting Housing Needs, John R. Nolon, Jessica A. Bacher
Local Inclusionary Housing Programs: Meeting Housing Needs, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
This article explores the expansive legal authority that local governments in many states have to meet housing needs directly by providing for the production of new affordable homes. There is not a great deal of scholarship on the subject as we approach it. The emphasis in the academic literature in the field of affordable housing is on top-down, systemic, or theoretical solutions: urging reforms in federal and state finance programs, imploring courts to penalize localities that engage in exclusionary zoning, describing in detail a variety of inclusionary zoning techniques, or explaining relevant theories or the economics of the issue of …
Global Warming: Zoning May Be An Antidote To Climate Change, John R. Nolon, Jessica A. Bacher
Global Warming: Zoning May Be An Antidote To Climate Change, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
Through the use of transit oriented development (TOD) several New York municipalities have transformed into more sustainable communities by reducing greenhouse gas emissions. Contrary to popular belief, these municipalities proved that reduction of emissions is possible while still expanding economic growth. This article highlights several success stories in a variety of community landscapes beginning with a look at urban redevelopment in Yonkers, White Plains, and New Rochelle, New York, and then transitions to suburban success stories in Orangetown, and several municipalities along the Bear Mountain Parkway.
A Warning To States — Accepting This Invitation May Be Hazardous To Your Health (Safety, And Public Welfare): An Analysis Of Post-Kelo, Joshua Ulan Galperin
A Warning To States — Accepting This Invitation May Be Hazardous To Your Health (Safety, And Public Welfare): An Analysis Of Post-Kelo, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications
Focusing on Delaware, this article will argue that the United States Supreme Court's decision in Kelo v. New London gave state legislatures an open invitation to shape their public use frameworks, but their responses must be measured and well-reasoned because the consequences of reactionary legislation may put a stranglehold on state and local governments trying to exercise eminent domain for unanimously accepted public uses. Part I will trace the most pertinent federal jurisprudence through Kelo. Part II will survey Delaware’s public use jurisprudence. Part III will introduce the Delaware General Assembly’s legislative response to Kelo. Part IV will serve as …