Law Commons^™

Modernizing Water Law: The Example Of Florida, Christine A. Klein, Mary Jane Angelo, Richard Hamann

UF Law Faculty Publications

This Article takes a national view of the modernization of water law. Using Florida as an example, it identifies some of the most important and controversial challenges faced by states. Part II provides an overview of the process of water law reform. As states attempt to improve water management, they have modified their common law water allocation systems with an overlay of statutory law. Often, the process occurs in a piecemeal fashion, resulting in a patchwork of rules -- common law and statutory, old and new. In rare cases -- including that of Florida -- the process may be more …

Integrating Water Management And Land Use Planning: Uncovering The Missing Link In The Protection Of Florida’S Water Resources?, Mary Jane Angelo

UF Law Faculty Publications

This Article explores the link between water management and land use planning. First, in Section II, this Article provides an overview of water management in Florida. Then, in Section III, this Article analyzes the differences between planning and regulatory permitting and asserts that both are needed for effective protection of water resources. Section IV reviews the current role that land use planning plays in water management and the current role that water management plays in land use planning. Section V of this Article concludes by evaluating a variety of recommendations that have been made to improve the integration of the …

Ecosystem Management And The Everglades: A Legal And Institutional Analysis, Thomas T. Ankersen, Richard Hamann

UF Law Faculty Publications

Three dominant themes can be distilled from ongoing efforts to identify a set of generic principles to guide the management philosophy known as ""ecosystem management."" These include: (1) the notion of boundaries, both geographical and institutional; (2) scientific uncertainty; and (3) governance. This article analyzes the manner in which the present legal and institutional framework for environmental management addresses these themes.

Part II identifies the problems inherent in defining the appropriate management unit for ecosystem management and in delineating the unit's boundaries in the face of inherently complex and unstable ecological factors. Part II also considers the more insidious institutional …