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Full-Text Articles in Law
Assessing The Legal Toolbox For Sea Level Rise Adaptation In Delaware: Options And Challenges For Regulators, Policymakers, Property Owners, And The Public, Kenneth Kristl
Kenneth T Kristl
Sea level rise is a real and growing issue in the State of Delaware. Over the next 90 years, a significant percentage—between 8 and 11 percent—of Delaware is at risk of being inundated. The threat of inundation has the potential to trigger reactions from some property owners that will seek to protect their interests. Thousands of these resulting individual, ad hoc decisions and non-decisions will make it difficult to carry out a unified strategy to adapt to the massive economic and geographic impacts sea level rise will likely cause in the State. It therefore behooves regulators, policy makers, property owners, …
Keeping The Coast Clear: Lessons About Protecting The Natural Environment By Controlling Industrial Development Under Delaware’S Coastal Zone Act, Kenneth T. Kristl
Keeping The Coast Clear: Lessons About Protecting The Natural Environment By Controlling Industrial Development Under Delaware’S Coastal Zone Act, Kenneth T. Kristl
Kenneth T Kristl
Passed in 1971, Delaware’s Coastal Zone Act was a pioneering law that declared as public policy the prohibition of heavy industry and the regulation of manufacturing within Delaware’s coastal zone because of the environmental threats posed by such development. This article is the first comprehensive scholarly analysis of how the Act has been interpreted and applied to protect Delaware’s coastal environment. It provides an extensive analysis and annotation of how the Act’s terms have been used and the principles of statutory interpretation that inform the Act’s continued application. The article argues that the Act’s prohibitions on heavy industry and bulk …