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Sustainability And Land Use Planning: Greening State And Local Land Use Plans And Regulations To Address Climate Change Challenges And Preserve Resources For Future Generations, Patricia E. Salkin Jan 2009

Sustainability And Land Use Planning: Greening State And Local Land Use Plans And Regulations To Address Climate Change Challenges And Preserve Resources For Future Generations, Patricia E. Salkin

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Although a coordinated national policy on climate change should be developed, initiatives at the local government level through the land use planning and regulatory control processes have tremendous potential to dramatically contribute to the reduction of green house gas emissions, leading to a reduction in the carbon footprint and ultimately to a more sustainable environment. Part I of this article discusses opportunities for using the comprehensive land use planning process to address sustainability and provides examples of how this is being accomplished across the country. Part II mentions the growing number of state and local climate action plans (and cross-references …


Strip-Mining And Grassroots Resistance In Appalachia: Community Lawyering For Environmental Justice, Dean Rivkin Jan 2009

Strip-Mining And Grassroots Resistance In Appalachia: Community Lawyering For Environmental Justice, Dean Rivkin

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Environmental justice campaigns have been a dynamic feature of public interest lawyering for over four decades. These community lawyers, sensitive to the democratic imperatives of their grassroots clients, employ a viscous blend of legal and nonlegal strategies to achieve their clients’ aims. This article is the story of an environmental justice campaign, still being waged, in the Appalachian mountains of east Tennessee. The campaign seeks to halt the destructive practice of mountaintop removal strip-mining for coal through the deployment of traditional litigation and more unconventional extrajudicial strategies, both of which are designed to build the voices and power of the …


Cooperative Federalism And Wind: A New Framework For Achieving Sustainability, Patricia E. Salkin, Ashira Ostrow Jan 2009

Cooperative Federalism And Wind: A New Framework For Achieving Sustainability, Patricia E. Salkin, Ashira Ostrow

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This Article proposes a federal wind siting policy modeled on the cooperative federalism framework of the TCA’s Siting Policy. Part I describes some advantages of wind energy, focusing specifically on the environmental, economic, and social benefits. This Part also discusses several technical obstacles to wind energy development, including the need to supplement wind energy with conventional energy sources and the lack of adequate transmission infrastructure. Part II assesses the current regulatory regime for the siting of wind turbines, reviewing general practices across the United States at both the state and local levels. Although a number of states have been active …