Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Colorado Law School (13)
- Pace University (8)
- Touro University Jacob D. Fuchsberg Law Center (5)
- Golden Gate University School of Law (3)
- University of Florida Levin College of Law (3)
-
- University of Massachusetts Boston (3)
- Columbia Law School (2)
- University of Georgia School of Law (2)
- Brigham Young University Law School (1)
- Cleveland State University (1)
- Cornell University Law School (1)
- Georgetown University Law Center (1)
- Notre Dame Law School (1)
- Yeshiva University, Cardozo School of Law (1)
- Keyword
-
- Oil and gas development (13)
- BMPs (11)
- Best management practices (11)
- Adaptive management (10)
- Land use (10)
-
- Zoning (9)
- BLM (6)
- NYLJ (6)
- U.S. Bureau of Land Management (6)
- NEPA (5)
- National Environmental Policy Act (5)
- Patricia Salkin (5)
- Salkin (5)
- Adaptive management plan (4)
- Air quality (4)
- Design (4)
- Environmental justice (4)
- FACA (4)
- Lessons learned (4)
- Oil and gas (4)
- Parks (4)
- Planning (4)
- Wyoming (4)
- AM (3)
- AMP (3)
- APA (3)
- American Planning Association (3)
- Cultural resources (3)
- ESA (3)
- Endangered species (3)
- Publication
-
- Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13) (11)
- Elisabeth Haub School of Law Faculty Publications (8)
- Scholarly Works (5)
- Faculty Scholarship (3)
- UF Law Faculty Publications (3)
-
- Urban Harbors Institute Publications (3)
- Introduction to the Legal Foundation of Federal Land Management (December 1-3) (2)
- Land Use Clinic (2)
- Publications (2)
- Articles (1)
- California Agencies (1)
- Cornell Law Faculty Publications (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Journal Articles (1)
- Law Faculty Articles and Essays (1)
Articles 1 - 30 of 45
Full-Text Articles in Law
Redevelopment Tools: Creating And Recreating Urban Centers, John R. Nolon, Jessica A. Bacher
Redevelopment Tools: Creating And Recreating Urban Centers, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
This article describes a number of the agencies, entities, and legal tools and techniques that are used today to redevelop or create urban centers of population and commerce.
Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Introduction to the Legal Foundation of Federal Land Management (December 1-3)
Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004
Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox
Contents:
Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional
Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Introduction to the Legal Foundation of Federal Land Management (December 1-3)
1 v. (various pagings) : ill., maps ; 28 cm
Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004
Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox
Contents:
Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional
Weir River Estuary: Land Protection Plan, Chantal Lefebvre, Michelle Portman
Weir River Estuary: Land Protection Plan, Chantal Lefebvre, Michelle Portman
Urban Harbors Institute Publications
If economic growth were the only measure of a community’s health and vitality, then the communities of Cohasset, Hingham, and Hull are fairing well. But this economic success is generally accompanied by changes in the physical landscape that can be unsettling for residents, especially when it means more development and expansion at the expense of culturally and socially important open space areas such as parks, woods, and marshes. The rapid pace and fragmented nature of such sprawling development gives communities little opportunity to come to terms with the long-term impacts, which in turn can lead to a sense of powerlessness …
The Federalist Dimension Of Regulatory Takings Jurisprudence, Stewart E. Sterk
The Federalist Dimension Of Regulatory Takings Jurisprudence, Stewart E. Sterk
Articles
Conventional wisdom teaches that the Supreme Court's takings doctrine is a muddle. Appearances, however, are deceiving. The "property" protected by the Takings Clause is defined not by a single sovereign, but by the legislative enactments and judicial pronouncements of fifty separate states. As a result, federalism concerns - underappreciated in the takings literature - do and should play an important role in shaping the Court's takings doctrine. In particular, these concerns make it inappropriate for the Court to use the Takings Clause as a vehicle for articulating a comprehensive theory of the limits on government power to regulate land. This …
Yes, Thankfully, Euclid Lives, Charles M. Haara, Michael Allan Wolf
Yes, Thankfully, Euclid Lives, Charles M. Haara, Michael Allan Wolf
UF Law Faculty Publications
Professors Haar and Wolf reiterate their endorsement of Progressive jurisprudence, as embodied in the Supreme Court's opinion in Village of Euclid v. Ambler Realty Co., despite Professor Eric Claeys's effort to expose the political theory underlying Progressive legal thought. They highlight problems with Professor Claeys's portrayal of the actual practice of zoning and with his use of history, problems that seriously undercut Professor Claeys's findings regarding the political beliefs of early zoning and planning advocates, the evolution of zoning law in the courts, and the role natural law played in American legal history.
Religion And Law Use: Constraints On Local Boards' Decision Making, John R. Nolon, Jessica A. Bacher
Religion And Law Use: Constraints On Local Boards' Decision Making, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
While local legislatures generally have broad authority to enact land use regulations that serve a public interest, the Religious Land Use and Institutionalized Persons Act as well as constitutional limits found in the First Amendment limit religious land use regulations that seek to restrict religious freedom. This article explores the Second Circuit’s decision in Westchester Day School v. Village of Mamaroneck, and makes suggestions about the future implications of the court’s decision.
The Green Development Movement: Smart Growth With A Green Label, Patricia E. Salkin
The Green Development Movement: Smart Growth With A Green Label, Patricia E. Salkin
Scholarly Works
No abstract provided.
Improving Links Between Science And Coastal Management: Results Of A Survey To Assess U.S. State Coastal Management Science And Technology Needs, Jeff Benoit, Chantal Lefebvre, Dan Hellin, Regan Maund
Improving Links Between Science And Coastal Management: Results Of A Survey To Assess U.S. State Coastal Management Science And Technology Needs, Jeff Benoit, Chantal Lefebvre, Dan Hellin, Regan Maund
Urban Harbors Institute Publications
In Winter 2003/2004 the Coastal States Organization (CSO) sponsored a national survey of state coastal resource managers to better understand their science and technology needs. The web-based survey was sponsored by CSO with funding provided by the Cooperative Institute for Coastal and Estuarine Environmental Technology (CICEET) at the University of New Hampshire. This survey builds upon a previous survey conducted by CSO in 1999. CSO contracted with the Urban Harbors Institute (UHI) at UMass-Boston to prepare the survey questions and final report. The University of New Hampshire Survey Center was contracted to conduct the survey and analyze the results.
Two …
Shielding Board Members: Municipalities Should Protect Them From Suits, John R. Nolon, Jessica A. Bacher
Shielding Board Members: Municipalities Should Protect Them From Suits, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
Both individual land use board members and the municipal governments containing these boards are concerned with the liability of the boards, and of individual members from legal challenges stemming from their decisions. Legal actions against these boards, and the potential for subsequent liability of individual members could put significant financial burdens on municipalities and also discourage competent citizens from serving on these local land use boards. This commentary reviews the impact of two recent New York state cases, and their affect on state legislation concerning these topics.
Strip Corridor Redevelopment: A Guidance Document, University Of Georgia School Of Law, Land Use Clinic, College Of Environment And Design, University Of Georgia
Strip Corridor Redevelopment: A Guidance Document, University Of Georgia School Of Law, Land Use Clinic, College Of Environment And Design, University Of Georgia
Land Use Clinic
Guidance document and model ordinance for Georgia local governments, created for the Georgia Department of Community Affairs. This project began with a strip corridor revitalization overlay and implementation document for the city of Dalton to help improve community character and reduce traffic congestion along Dalton's Walnut Avenue commercial strip.
Clarifying The Rules And Roles Of Land Use Boards, John R. Nolon, Jessica A. Bacher
Clarifying The Rules And Roles Of Land Use Boards, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
This article discusses the rules and roles of land use boards, including planning boards, and zoning boards of appeals. Local governments are given broad authority to create land use regulations by the New York state legislature, and so long as they stay within the boundaries of the state land use statutes, the local government’s fact based decisions are usually upheld in face of legal challenges in court. This column analyzes several recently decided cases in an attempt to clarify the uncertainties involved with the decisions of local land use boards, and challenges to land use board decisions.
State Coastal Observations And Monitoring Needs: Results Of A Survey To Assess Coastal Management Needs (Draft Report), Jeff Benoit, Chantal Lefebvre, Dan Hellin, Regan Maund, Jack Thigpen
State Coastal Observations And Monitoring Needs: Results Of A Survey To Assess Coastal Management Needs (Draft Report), Jeff Benoit, Chantal Lefebvre, Dan Hellin, Regan Maund, Jack Thigpen
Urban Harbors Institute Publications
The success of the U.S. Coastal Ocean Observing System will be measured, in part, by how well the needs of the coastal management community are being addressed. The results of this survey indicate that the two most important management issues facing coastal programs are land use and habitat change. It is essential that the planning and implementation of the USCOOS take this fact into account and place a priority on addressing these high priority management needs. This can only be accomplished through the direct long-term involvement of the coastal management community with USCOOS efforts at the national and regional levels. …
Slides: Nepa And Adaptive Management, Denise A. Dragoo
Slides: Nepa And Adaptive Management, Denise A. Dragoo
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Denise A. Dragoo, Partner, Snell & Wilmer L.L.P., Salt Lake City, UT
22 slides
Slides: Lessons Learned From The Development And Implementation Of An Adaptive Management Plan At Three Hydropower Plants In Northeastern Washington State, Bob Dach
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Bob Dach, Federal Activities Specialist, U.S. Fish and Wildlife Service, Mountain-Prairie Region, Lakewood, CO
11 slides
Slides: Lessons From The Pinedale Anticline Adaptive Management Process, Peter Aengst
Slides: Lessons From The Pinedale Anticline Adaptive Management Process, Peter Aengst
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Peter Aengst, Regional Associate, The Wilderness Society, Northern Rockies Office
24 slides
Slides: Adaptive Management, Tim Salt
Slides: Adaptive Management, Tim Salt
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Tim Salt, Western Regional Staff Assistant, U.S. Bureau of Land Management (BLM)
19 slides
Slides: Industry's View Of 'Lessons Learned' From Pinedale Anticline Eis Adaptive Management, Robin Smith
Slides: Industry's View Of 'Lessons Learned' From Pinedale Anticline Eis Adaptive Management, Robin Smith
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Robin Smith, Mountaintop Consulting, LLC
19 slides
Slides: Pinedale Anticline Project Area: The Adaptive Management Process, Prill Mecham
Slides: Pinedale Anticline Project Area: The Adaptive Management Process, Prill Mecham
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Prill Mecham, Pinedale BLM Field Manager
35 slides
Slides: Adaptive Management: Pros, Cons, And Lessons Learned, Pete Morton
Slides: Adaptive Management: Pros, Cons, And Lessons Learned, Pete Morton
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Pete Morton, Ph.D., The Wilderness Society
21 slides
Agenda: Best Management Practices And Adaptive Management In Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Best Management Practices And Adaptive Management In Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Agenda includes summaries of speakers' presentations
Workshop held May 12-13, 2004 at the University of Colorado School of Law and sponsored by the Natural Resources Law Center with support from the William and Flora Hewlett Foundation, BP America and Calpine Corporation
Government agencies, industry and others are beginning to apply the concepts of best management practices and adaptive management to oil and gas development. This free workshop will examine what is going on in the Rocky Mountain Region with these innovative management approaches. This timely workshop will be kicked off with a presentation on the Western Governors' Association Coalbed Methane …
Slides: Technologies To Reduce Methane Emissions From Natural Gas Production Activities, Roger Fernandez
Slides: Technologies To Reduce Methane Emissions From Natural Gas Production Activities, Roger Fernandez
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Roger Fernandez, EPA Gas STAR Program
31 slides
Slides: Bpi Best Practices Initiative: A Collaborative Approach To Leadership For Improving Management Practices On The Working Landscape, Peter Zimmerman
Slides: Bpi Best Practices Initiative: A Collaborative Approach To Leadership For Improving Management Practices On The Working Landscape, Peter Zimmerman
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Peter Zimmerman, Canadian Parks and Wilderness Society
19 slides
Slides: Adaptive Management And Best Management Practices On The Southern Ute Indian Reservation, Bob Zahradnik
Slides: Adaptive Management And Best Management Practices On The Southern Ute Indian Reservation, Bob Zahradnik
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Bob Zahradnik, Red Willow Production Company
38 slides
Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster
Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster
UF Law Faculty Publications
A vocal minority of the U.S. Supreme Court recently announced its suspicion that lower courts and state and local administrative agencies are systematically ignoring constitutional rules intended to limit, through heightened judicial review, exactions as a land use regulatory tool. This article argues that the Court's suspicions are well founded but that blame for judicial and administrative noncompliance lies with the Court's bifurcated approach to the Takings Clause.
Religion And Land Use: Westchester Day School V. Village Of Mamaroneck, John R. Nolon, Jessica A. Bacher
Religion And Land Use: Westchester Day School V. Village Of Mamaroneck, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
The Westchester Day School and the Zoning Board of Appeals (ZBA) of the Village of Mamaroneck were involved with several lawsuits stemming from a rescinded “negative” State Environmental Quality Review Act (SEQRA) determination by the ZBA after local public outcry of the school’s expansion. This article explores the relationship between Religious Land Use and Institutionalized Persons Act (RLUIPA) and land use regulations, and comes to the conclusions that Congress enacted the RLUIPA to ensure religious organization landowners are not singled out to bear the burdens of the general public.
Seqra Challenges: Court Creates New Rule On Statute Of Limitations, John R. Nolon, Jessica A. Bacher
Seqra Challenges: Court Creates New Rule On Statute Of Limitations, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
The New York State Environmental Quality Review Act, known around the New York legal community as SEQRA, triggers any time a public action may have an adverse impact on the environment. The determinations of this process, intertwined with public actions such as, site plan approvals, variance requests, or any other land use or public action, are often challenged by those parties who are unsatisfied with the result. This article discusses the extensive case history regarding when SEQRA actions are ripe for legal challenge.
Sustainable Development Scenarios For The Richard B. Russell Parkway, Jesse Fountain, Judith R. Wasserman, Jamie Baker Roskie
Sustainable Development Scenarios For The Richard B. Russell Parkway, Jesse Fountain, Judith R. Wasserman, Jamie Baker Roskie
Land Use Clinic
For many years local elected officials, the state legislative delegation, and community leaders worked diligently to get Richard Russell Parkway extended to Interstate 75 and provide the Warner Robins area with a second interchange to serve the City and Robins AFB. The project became a reality in the spring of 2002 when the Georgia Department of Transportation awarded a construction contract for the Parkway's extension. During the spring of 2003, with construction work progressing toward an October 31, 2004, completion date, the Mayor and City Council decided to explore alternative development concepts for the Parkway.
The goal of this document …
Is Land Special? The Unjustified Preference For Landownership In Regulatory Takings Law, Eduardo M. Peñalver
Is Land Special? The Unjustified Preference For Landownership In Regulatory Takings Law, Eduardo M. Peñalver
Cornell Law Faculty Publications
This article critiques the Court's attempt to cabin the Lucas "per se" takings rule by limiting it to real property. It argues that the distinction between real and personal property cannot be justified by history or the differing expectations of property owners. It then applies five theoretical frameworks (libertarian, personhood, utilitarian, public choice, and Thomistic-Aristotelian natural law) and finds that none of them supports the jurisprudential distinction between real and personal property. As a result, the article argues that "because the distinction between personal and real property is an unprincipled one, it cannot save the Court from the unpalatable implications …
Tribal Sovereignty Over Water Quality, Jessica Owley Lippmann
Tribal Sovereignty Over Water Quality, Jessica Owley Lippmann
Elisabeth Haub School of Law Faculty Publications
No abstract provided.