Law Commons^™

Under The River And Through The Common Law: Analyzing The Impacts And Propensity Of State Adoption Of The Ppl Montana Navigability-For-Title Standard, Jessica Kraus

William & Mary Environmental Law and Policy Review

No abstract provided.

U.S. Property Law: A Revised View, Kamaile A.N. Turčan

William & Mary Environmental Law and Policy Review

No abstract provided.

Property's Problem With Extremes, Lynda L. Butler

Faculty Publications

Western-style property systems are ill-equipped to deal with extremes--extreme poverty, extreme wealth, extreme environmental harm. Though they can effectively handle many problems, the current systems are inherently incapable of providing the types of reform needed to address extreme situations that are straining the fabric of societies--situations that are stressing the integrity of core societal and natural systems to the breaking point. The American property system, in particular, is problematic. The system has a long tradition of strong individual rights and relies primarily on the efficiency norm to operate and shape the incentives of rights holders. The economic model that now …

Wake Effects, Wind Rights, And Wind Turbines: Why Science, Constitutional Rights, And Public Policy Issues Play A Crucial Role, Kimberly E. Diamond

William & Mary Environmental Law and Policy Review

Developers of onshore, utility-scale wind farms seek to purchase or lease parcels on which commercial wind turbines will be sited, carefully selecting each particular parcel based on its access to high wind speeds and unobstructed wind flowing across it in the free stream. Accordingly, a wind farm developer’s purchase or lease of a tract of land generally entails a large monetary investment and carries with it an investment-backed expectation that such land will be used for its originally intended purpose. Wind wakes, which disrupt the wind velocity in the free stream, cause downwind turbines to encounter diminished wind speeds and …

Land Use And Climate Change Bubbles: Resilience, Retreat, And Due Diligence, John R. Nolon

William & Mary Environmental Law and Policy Review

This Article examines events on the ground in several localities where climate change is lowering property values and analyzes how those changes in value can be reckoned with by regulators. It merges practices and principles of real estate transactions and finance with those of land use and environmental regulation.

Climate change is a planetary phenomenon whose environmental implications are far-reaching. Reports on climate change consequences increasingly focus on what is happening locally and presently, while speculation continues about long-term global consequences. In numerous communities, property values are declining because of repeated flooding, continued threats of storm surges, sustained high temperatures, …

Conflicting Property Rights Between Conservation Easements And Oil And Gas Leases In Ohio: Why Current Law Could Benefit Conservation Efforts, Nicholas R. House

William & Mary Law Review

First, this Note will establish why conservation easements and oil and gas leases are likely to conflict. Second, this Note will present two scenarios under which conservation easements and oil and gas leases might conflict and then demonstrate how current law sorts out the conflicting rights. Third, it will advance several arguments for how conservation easements should be adapted, identifying specific provisions that should be altered in light of the Internal Revenue Code and Ohio’s current legal structure. By doing so, this Note will elucidate how the oil and gas boom in Ohio offers conservation organizations a unique opportunity to …

Green Building Red-Lighted By Homeowners' Associations, Mark A. Pike

William & Mary Environmental Law and Policy Review

No abstract provided.

"Un-Locke-Ing" A "Just Right" Environmental Regime: Overcoming The Three Bears Of International Environmentalism - Sovereignty, Locke, And Compensation, Anne C. Dowling

William & Mary Environmental Law and Policy Review

No abstract provided.

The Pathology Of Property Norms: Living Within Nature's Boundaries, Lynda L. Butler

Faculty Publications

No abstract provided.

Section 10: Property Rights And Environmental Laws, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Achieving The Proper Balance Between The Public And Private Property Interests: Closely Tailored Legislation As A Remedy, Michelle K. Walsh

William & Mary Environmental Law and Policy Review

No abstract provided.

The Non-Impact Of The United States Supreme Court Regulatory Takings Cases On The State Courts: Does The Supreme Court Really Matter?, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

Section 6: Environment, Property, Business Regulation, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Private Land Use, Changing Public Values And Notions Of Relativity, Lynda L. Butler

Faculty Publications

No abstract provided.