Law Commons^™

Applying Life Insurance Principles To Coastal Property Insurance To Incentivize Adaptation To Climate Change, Edward P. Richards

Journal Articles

Current levels of greenhouse gases will result in significant sea level rise in the future, irrespective of the success of any future mitigation efforts. Paleoclimate and geologic data from past periods of rising sea level show that low lying areas, especially river deltas which are home to half a billion people, will be inundated. The best way to represent this risk through insurance is to apply the human-life insurance model to coastal property insurance. Human-life insurance is based on the assumption that every insured will die. Because the risk of death increases with age, the cost of insurance increases with …

Institutional Preconditions For Policy Success, Blake Hudson

Journal Articles

Policy failures receive much attention from the public and from policy makers adjusting policy in response to failure. Yet, lessons learned from policy failures are necessarily ex post observations. Not only has the policy failed to achieve its purposes, but a great deal of political, institutional, temporal, and economic capital has been wasted. A new body of literature on policy success undertakes ex ante analysis of successful policy designs, instrument choices, and other policy-making variables to establish a framework for more effective policy making. Though policy success may be inhibited by a variety of procedural, programmatic, or political factors, institutional …

Integrating Local Waterfront Revitalization Into Local Comprehensive Planning And Zoning, Patricia E. Salkin

Scholarly Works

By 2004, more than half of the United States population resided within fifty miles of the coastline, contributing to the mounting pressures on waterfront development. Local waterfront revitalization plans have great potential to efficiently guide community and coastal development in a coordinated fashion across municipal boundaries. Coordination includes intermunicipal and intergovernmental cooperation and consistency as well as coordination between planning and land use controls within the coastal zone and within the boundaries of coastal communities. Part I of this article examines the history of the Coastal Zone Management Act (CZMA)with a particular examination of the Act's impact on local comprehensive …

Institutional Structure Of The New Jersey Coastal Zone Management Program, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

A discussion paper prepared as part of a series of focus groups on the topic of the Institutional Structure of the New Jersey Coastal Zone Management Program.

The federal Coastal Zone Management Act of 1972 (CZMA), since amended, was established to help states and territories to develop and implement comprehensive coastal management programs formed around “enforceable policies”— the establishment of guiding principles and policies that are supported by a regulatory program. These enforceable policies also drive planning, funding, and outreach efforts by a state’s program.

Increasing Involvement In And Awareness Of Coastal Zone Management In New Jersey, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

A discussion paper prepared as part of a series of focus groups on the topic of the Increasing Involvement in and Awareness of Coastal Zone Management in New Jersey.

Among the requirements of the federal Coastal Zone Management Act (CZMA) for state coastal management programs are procedures for public participation and intergovernmental coordination in program development and implementation.

The CZMA was one of a number of environmental statutes passed by Congress in the early 1970s that made public participation a cornerstone of the program. Most government programs have since adopted this philosophy, and experience over the past several decades confirms …

New Jersey Coastal Program Boundary, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

The boundary of a federally approved coastal program defines a geographic area that receives special planning and management attention through regulations, financial assistance, and technical support. Section 306(d)(2)(A) of the federal Coastal Zone Management Act provides the basis for determining the coastal boundary. In Section 304 of the act, the coastal zone refers to coastal waters (and the lands below them) and the adjacent shorelands, “strongly influenced by each other and in proximity to the shorelines of the several coastal states, including transitional and intertidal areas, salt marshes, wetlands, and beaches. The zone extends…seaward to the outer limit of State …

Public Trust Doctrine And Public Access In New Jersey, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

A discussion paper prepared as part of a series of focus groups on the topic of the Public Trust Doctrine and Public Access in New Jersey.

Public access is specifically identified as one of the key priorities of the Coastal Zone Management Act (CZMA) of 1972. More importantly, the Act enables states to develop their own coastal zone management programs and to receive federal funding with which to implement them. There are a number of criteria that such plans must include before they can receive federal approval.

Baseline 2000 Background Report: The Status Of Integrated Coastal Management As An International Practice (Second Iteration), Jens Sorensen

Urban Harbors Institute Publications

The Coastal Zone Canada 2000 Conference occurred in Saint John, New Brunswick from September 17 to 22. All of the 600 registrants received a canvas packet that included four separately bound publications: the final conference program, the tradeshow program, Canadian Synopsis (a table of ICM efforts in Canada), and Baseline 2000.

The Coastal Zone Canada Association organized and administered the Conference as they had done for three previous Canadian based international CZ conferences (Victoria, British Columbia in 1998, Rimouski, Québec in 1996, and Halifax, Nova Scotia in 1994).

Two of the fundamental objectives of the Coastal Zone Canada Association (CZCA) …

A Preliminary Survey Of The Sewage Pumpout Facilities In The No Discharge Areas Of Massachusetts, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

This survey provides a preliminary review of the activities of pumpout facilities in the No Discharge Areas of Massachusetts. It highlights areas of concern, identifies potential improvements and focuses further research.

Based on data from Massachusetts Coastal Zone Management, there are 100 pumpout facilities in Massachusetts, located in 56 towns. Of these 52, have one or more pumpout boats. Due to financial limitations and the time available, any attempt to survey all these facilities was beyond the scope of this study. However, it had been suggested that from CZM’s, DMF’s and EPA’s standpoint, the areas of greatest interest were those …

Brief For Respondents, Palazzolo V. Rhode Island Ex. Rel. Tavares, No. 99-2047 (U.S. Jan. 3, 2001), Richard J. Lazarus

U.S. Supreme Court Briefs

No abstract provided.

The Public Trust Doctrine And Coastal Zone Management In Washington State, Ralph W. Johnson, Craighton Goeppele, David Jansen, Rachael Paschal

Articles

The public trust doctrine is an ancient doctrine that has recently emerged as a powerful tool to protect the public interest in tidelands and shorelands. Created and developed by the judiciary, the doctrine's principles have found their way into several of Washington's regulatory statutes, such as the Shoreline Management Act and the Aquatic Lands Act. This Article traces the development of the doctrine in Washington, and explains the relation between the state's police power and the public trust doctrine. This Article also sets forth the current contours of the public trust doctrine in Washington, and charts potential future developments of …

Czm In California, Oregon, And Washington, Richard G. Hildreth, Ralph W. Johnson

Articles

Twenty years ago coastal zone protection was merely a gleam in the eyes of a few west coast visionaries. A flurry of state and federal laws in the late 1960s and into the 1970s changed this. Today, broad coastal management programs are in place in all three west coast states, with a special one for San Francisco Bay. Each program is unique, and at the same time shares significant qualities with the others. This article identifies the major attributes of these four programs and offers insights into the strengths and weaknesses of each. In comparing and contrasting the four programs, …

Taking Precedents In The Tidelands: Refocusing On Eminent Domain, W. Wade Berryhill

Law Faculty Publications

The focus of this article is on the state's power of eminent domain as a means of controlling the use of scarce coastal resources. However, in order to determine whether this rather drastic exercise of governmental power is the most appropriate means of effecting its purposes, the state or its delegate must consider the alternatives. This article therefore will first examine briefly other possible means of control; it will then discuss the substantive and procedural requirements of eminent domain; and finally, it will consider problems of post-acquisition resource management.

Harbor Lines And The Public Trust Doctrine In Washington Navigable Waters, Ralph W. Johnson, Eileen M. Cooney

Articles

Since 1971 the Shoreline Management Act (SMA) has been the dominant legal tool for managing the Washington coastal zone. However, use of state-owned beds of navigable fresh and salt waters below low tide or the low-water line is still controlled largely by the harbor line system established in the 1889 state constitution. Almost no attention has been paid to the harbor line system in the legal literature, or to its relationship to the other laws concerned with coastal zone management. This article briefly analyzes the relationship of the harbor line system to the SMA, to the various federal laws concerned …