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- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (26)
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Articles 1 - 30 of 82
Full-Text Articles in Law
Contemporary Water Issues, Susan Kelly
Climate Change And Sustainable Development: The Quest For Green Communities, Part Ii, John R. Nolon
Climate Change And Sustainable Development: The Quest For Green Communities, Part Ii, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This is the second part of Professor John R. Nolon’s two-part series on climate change mitigation through sustainable development law. Part I ran in October 2009 http://digitalcommons.pace.edu/lawfaculty/646/. In Part I, I argued that local governments should be partners with federal and state governments in managing climate change. This may sound incongruous to the ears of those listening to the debates over cap-and-trade legislation. In that context, state and local programs that cap, auction, tax, regulate, track, or otherwise attempt to manage greenhouse gas emissions are criticized on a number of grounds. The same can be said when the debate turns …
Condemning Religion: Rluipa And The Politics Of Eminent Domain, Christopher Serkin, Nelson Tebbe
Condemning Religion: Rluipa And The Politics Of Eminent Domain, Christopher Serkin, Nelson Tebbe
Cornell Law Faculty Publications
Should religious landowners enjoy special protection from eminent domain? A recent federal statute, the Religious Land Use and Institutionalized Persons Act (RLUIPA), compels courts to apply a compelling interest test to zoning and landmarking regulations that substantially burden religiously owned property. That provision has been controversial in itself, but today a new cutting-edge issue is emerging: whether the Act’s extraordinary protection should extend to condemnation as well. The matter has taken on added significance in the wake of Kelo, where the Supreme Court reaffirmed its expansive view of the eminent domain power. In this Article, we argue that RLUIPA should …
Settlement Raises Questions About Housing Obligations, John R. Nolon, Jessica A. Bacher
Settlement Raises Questions About Housing Obligations, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
It is well established that zoning regulations which operate in an exclusionary capacity are unconstitutional. However, a bright line has yet to be drawn by either the New York legislature or the New York courts as to what constitutes an exclusionary zoning provision. This article examines several restricted holdings of the New York courts and compares the limited New York legislation, such as the 2008 Long Island Workforce Housing Act, to more powerful state legislation from surrounding states, which have had more success abolishing exclusionary zoning.
Agenda: Best Practices For Community And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado. Oil And Gas Conservation Commission
Agenda: Best Practices For Community And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado. Oil And Gas Conservation Commission
Best Practices for Community and Environmental Protection (October 14)
The first Intermountain BMP Project workshop, sponsored by the Natural Resources Law Center and the Colorado Oil and Gas Conservation Commission, was held in Rifle, Colorado on October 14, 2009 at the Garfield County Fairground for over 170 participants.
Speakers from Federal, state and local governments, the community, industry and environmental consultants, and conservation groups focused presentations and discussion on a greater understanding of what Best Management Practices (BMPs) are appropriate to the western slope of Colorado and how they are integrated into developments.
Slides: Comprehensive Drilling Plans, Dave Neslin
Slides: Comprehensive Drilling Plans, Dave Neslin
Best Practices for Community and Environmental Protection (October 14)
Presenter: Dave Neslin, Director, Colorado OIl and Gas Conservation Commission (COGCC)
8 slides
Slides: Rifle, Silt, New Castle Community Development Plan: A Collaborative Planning Approach To Natural Gas Development, Peggy Utesch
Slides: Rifle, Silt, New Castle Community Development Plan: A Collaborative Planning Approach To Natural Gas Development, Peggy Utesch
Best Practices for Community and Environmental Protection (October 14)
Presenter: Peggy Utesch, Movin' Forward Consulting
25 slides
Slides: Innovative Best Practices For The Western Slope: Stormwater Management Solutions And Philosophy For The Oil And Gas Industry, Kyle N. Schildt
Slides: Innovative Best Practices For The Western Slope: Stormwater Management Solutions And Philosophy For The Oil And Gas Industry, Kyle N. Schildt
Best Practices for Community and Environmental Protection (October 14)
Presenter: Kyle N. Schildt, P.E., LT Environmental, Inc.
12 slides
Slides: Bmp Project, Kent Kuster
Slides: Bmp Project, Kent Kuster
Best Practices for Community and Environmental Protection (October 14)
Presenter: Kent Kuster, Consultation Coordinator, Colorado Department of Public Health and Environment (CDPHE)
17 slides
Slides: Intermountain Oil And Gas Bmp Project, Kathryn Mutz
Slides: Intermountain Oil And Gas Bmp Project, Kathryn Mutz
Best Practices for Community and Environmental Protection (October 14)
Presenter: Kathryn Mutz, Natural Resources Law Center
19 slides
Slides: The Use Of Terrestrial Cyanobacteria For The Rehabilitation Of Arid Soils: Not Just Another Good Idea, Timothy Flynn
Slides: The Use Of Terrestrial Cyanobacteria For The Rehabilitation Of Arid Soils: Not Just Another Good Idea, Timothy Flynn
Best Practices for Community and Environmental Protection (October 14)
Presenter: Dr. Timothy Flynn, Primordial Solutions Inc.
42 slides
Slides: Energy By Design: Possible Bmp For Mitigation Planning, Dave Gann
Slides: Energy By Design: Possible Bmp For Mitigation Planning, Dave Gann
Best Practices for Community and Environmental Protection (October 14)
Presenter: Dave Gann, The Nature Conservancy
15 slides
Slides: Disappearing Roads--An Efd Project: An Exploration Into Low Impact And Efficient Gas Field Drilling, Charles Dolan
Slides: Disappearing Roads--An Efd Project: An Exploration Into Low Impact And Efficient Gas Field Drilling, Charles Dolan
Best Practices for Community and Environmental Protection (October 14)
Presenter: Rich Haut, Houston Advanced Research Center (HARC), for Dr. Charles Dolan, University of Wyoming, Environmentally Friendly Drilling Program
25 slides
Slides: Recommended Best Management Practices For Plants Of Concern: Practices Developed To Reduce The Impacts Of Oil And Gas Development Activities To Plants Of Concern, Brian Kurzel, Colorado Rare Plant Conservation Initiative
Slides: Recommended Best Management Practices For Plants Of Concern: Practices Developed To Reduce The Impacts Of Oil And Gas Development Activities To Plants Of Concern, Brian Kurzel, Colorado Rare Plant Conservation Initiative
Best Practices for Community and Environmental Protection (October 14)
Presenter: Brian Kurzel, Colorado Natural Areas Program (CNAP)
27 slides
Slides: Best Management Practices: Planning, Leasing, Permitting, Jamie Connell
Slides: Best Management Practices: Planning, Leasing, Permitting, Jamie Connell
Best Practices for Community and Environmental Protection (October 14)
Presenter: Jamie Connell, Northwest Colorado District Manager, U.S. Bureau of Land Management (BLM) Colorado
23 slides
Slides: Introduction To Constructive Engagement In The Oil And Gas Industry, Susan T. Wildau, Christopher W. Moore
Slides: Introduction To Constructive Engagement In The Oil And Gas Industry, Susan T. Wildau, Christopher W. Moore
Best Practices for Community and Environmental Protection (October 14)
Presenters: Susan T. Wildau and Christopher W. Moore, CDR Associates (Collaborative Decision Resources), Boulder, CO
22 slides
Slides: Environmentally Friendly Drilling Systems Program (Efd), Rich Haut
Slides: Environmentally Friendly Drilling Systems Program (Efd), Rich Haut
Best Practices for Community and Environmental Protection (October 14)
Presenter: Rich Haut, Houston Advanced Research Center
23 slides
Waste No Land: Property, Dignity And Growth In Urbanizing China, Eva M. Pils
Waste No Land: Property, Dignity And Growth In Urbanizing China, Eva M. Pils
Cornell Law Faculty Working Papers
The Chinese state does not allow rural collectives to sell land, but takes land from them and makes it available on the urban property market. While rural land rights are thus easily obliterated, the newly created urban rights in what used to be rural land enjoy legal protection. The state justifies these land takings by the need for urbanization and economic growth. The takings have resulted in an impressive contribution of the construction and property sector to state revenue and GDP growth, but also in unfairness toward peasants evicted from their land and homes. The example discussed here shows that …
Land & Water Planning: Another State's Perspective - Water Resources Regional Plan Policies, Kathleen M. Chavez, P.E.
Land & Water Planning: Another State's Perspective - Water Resources Regional Plan Policies, Kathleen M. Chavez, P.E.
Publications
No abstract provided.
New Ruralism, Emily M. Stratton
New Ruralism, Emily M. Stratton
Land Use Clinic
This paper explores how New Ruralism expounds upon the principles behind New Urbanism, showcases examples of local communities experimenting with the novel idea, and addresses the potential of the movement to be a nationwide occurrence.
Climate Change And Sustainable Development: The Quest For Green Communities, Part I, John R. Nolon
Climate Change And Sustainable Development: The Quest For Green Communities, Part I, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This is the first of two commentaries that explore the role of local governments in mitigating and adapting to climate change through sustainable development strategies. They focus on the significant authority to regulate land use and building construction that is delegated to local governments by their states, and how that authority can be coordinated with the roles and responsibilities of state and federal governments to manage climate change and achieve sustainable development.
Introduction: The Sustainability Principle, Irma S. Russell
Introduction: The Sustainability Principle, Irma S. Russell
Faculty Works
No abstract provided.
Rising Tides--Changing Title: Court To Mull Takings Issue, John R. Nolon
Rising Tides--Changing Title: Court To Mull Takings Issue, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The United States Supreme Court has granted certiorari in Walton County v. Stop the Beach Renourishment, Inc., where novel questions arose concerning sea level rise and constitutional property rights of beachfront landowners. In Florida, the state government owns in trust, all beach property below the mean high tide water line, while beachfront landowners own the rights to any land above the mean high tide water line. The line shifts along with beachfront as the beach expands and contracts. In this Florida case, landowners challenge a state statute, which precludes the ocean property line from shifting in favor of the private …
Following Industry's Leed: Municipal Adoption Of Private Green Building Standards, Sarah Schindler
Following Industry's Leed: Municipal Adoption Of Private Green Building Standards, Sarah Schindler
Sturm College of Law: Faculty Scholarship
Local governments are beginning to require new, privately constructed and funded buildings to be “green” buildings. Instead of creating their own, locally-derived definitions of green buildings, many municipalities are adopting an existing private standard created by members of the building industry: LEED (Leadership in Energy and Environmental Design). This Article explains and assesses the privately promulgated LEED standards. It argues that the translation of LEED standards, which were intended to be voluntary, into law raises several theoretical and practical problems. Specifically, private green building ordinances that rely on LEED do not ensure a reduction in the negative local environmental impacts …
Science Tools To Implement Ecosystem Based Management In Massachusetts (Draft), Mrag Americas, Incorporated, Massachusetts Ocean Partnership, Woods Hole Oceanographic Institute, Urban Harbors Institute, University Of Massachusetts Boston
Science Tools To Implement Ecosystem Based Management In Massachusetts (Draft), Mrag Americas, Incorporated, Massachusetts Ocean Partnership, Woods Hole Oceanographic Institute, Urban Harbors Institute, University Of Massachusetts Boston
Urban Harbors Institute Publications
In this report we provide a framework for implementing ecosystem based management (EBM) and suggest a range of science information tools and their appropriate application to the decision making process. These tools can be broadly classified as modeling tools, decision analysis tools, and indicators. Modeling tools allow the user to organize data, communicate scientific findings to management and stakeholder audiences, and test alternative management scenarios. When used unwisely, however, models can preclude options, present unusable scenarios, generate results in scales that differ from management needs, and impose huge time, data, and technical requirements (Manno et al., 2008). Decision analysis tools …
Slides: Groundwater Law And Administration: From Conflict To Reform, Michael A. Gheleta
Slides: Groundwater Law And Administration: From Conflict To Reform, Michael A. Gheleta
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Michael A. Gheleta, Brownstein Hyatt Farber Schreck LLP, Denver, CO
14 slides
Slides: Modifying Prior Appropriation: The Spectrum Of Experiences, Adam Schempp
Slides: Modifying Prior Appropriation: The Spectrum Of Experiences, Adam Schempp
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Adam Schempp, Environmental Law Institute, Washington, DC
12 slides
Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell
Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Lawrence J. MacDonnell, attorney and consultant, Boulder, CO
27 slides
Slides: Rethinking Western Water Law: Restoring The Public Interest In Western Water Law, Mark Squillace
Slides: Rethinking Western Water Law: Restoring The Public Interest In Western Water Law, Mark Squillace
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Mark Squillace, Director, Natural Resources Law Center, University of Colorado Law School
20 slides
Slides: Opportunities: Softer Paths?, Sarah Bates
Slides: Opportunities: Softer Paths?, Sarah Bates
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Sarah Bates, Public Policy Research Institute, University of Montana
2 slides