Law Commons^™

Smart Growth: Finding Mediation Tools For Regional Land Use Disputes, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Land use oriented border wars occur all over the United States, especially in areas with concentrated populations such as Westchester County. Many of these disputes arise out of local land use control, which usually fails to address regional issues, instead opting to act only in their individual municipal interests. This article describes several possible solutions involving federal, state, regional, and intermunicipal remedies as well as non-governmental solutions such as land use mediation services, to help create regional answers to regional issues.

Smart Growth: Resolving Home Rule Conflicts And Settling Border Wars, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Municipalities battle over the use of adjacent lands as land use border wars erupt all over New York. The results of these battles rarely equate to a satisfying solution for both parties. This column delves into flaws of New York law, including the insufficiencies of the State Environmental Quality Review Act (SEQRA), and also documents several cases where municipalities fail to come up with cooperative solutions. However, recent solutions, such as co-lead agencies and joint municipal review boards are beginning to make use of the cooperative authority provided to municipalities by state law, and could be a sign of hope …

Nonprofit Organizations In Brownfields Redevelopment: Leveling The Playing BrownField, Ellen B. Sturm

Buffalo Environmental Law Journal

No abstract provided.

Feds 200, Indians ): The Burden Of Proof In The Federal / Indian Fiduciary Relationship, Eugenia A. Phipps

Vanderbilt Law Review

"Great nations, like great men, should keep their word."' Justice Black, in his dissent in Federal Power Commission v. Tuscarora Indian Nation, encapsulated the failures of two centuries of the United States' relationship with its native Indians. Since establishing the first tentative treaties of the Revolutionary era, the United States has made many broad promises to the Indians. These promises, detailed first in treaties and later in statutes, drew the government and the Indians into a fiduciary relationship. Although this relationship would have consequences for federal/Indian interactions, raising the level of care with which the government would treat its native …

Public Lands Council 9. Babbitt: Herding Ranchers Off Public Land?, Julie Andersen

BYU Law Review

No abstract provided.

Smart Growth: Wetlands Protection Invites Reflection On Federal Law, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Although land use regulation at the federal, state, and local level are independent entities, integrating their functions may prove to be a successful method to facilitate smart growth and to protect wetlands. This article examines environmental regulation for wetlands at several levels of government. Specifically, this feature discusses federal command and control environmental laws and state government (New York and Connecticut) regulation efforts, which are justified though state sovereign police power. Also discussed, is the role of local government to act within their jurisdictions, and how governmental forces may agree upon joint resolutions in order to solve national problems. For …

The Evolution Of An International Water Resources Management Regime In The Mekong River Basin, Greg Browder, Leonard Ortolano

Natural Resources Journal

No abstract provided.

Smart Growth: Community Planning Requires Protecting Open Space, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Smart growth involves two main principles, creating incentives to increase compact development in some areas, and in turn, preserving open space in other areas. The New York legislature has imparted municipal governments with general authority to regulate land and preserve open space. In turn, several tools have developed which are at the disposal of municipal governments including, overlay zoning, floating zones, cluster development and state laws such as the New York State Environmental Quality Review Act (SEQRA). The use of these tools, along with proper training for state and local officials on the subject of smart growth, will render open …

Can We Protect Agricultural Land And The Scenic Rural Landscape? The Spatial Effects Of Three Land Protection Strategies In The Eastern United States, Elizabeth Brabec, Chip Smith

Elizabeth Brabec

In order to assess the efficacy of the three most common types of agricultural land conservation in the United States, this study analyzes the spatial and visual quality of a purchase of development rights program and two regulatory programs — cluster and the transfer of development rights. The study compares the effectiveness of programs that have been in place for periods of 6 to 18 years, surveying three different communities in the urban fringe: 1. the transfer of development rights program in Montgomery County, Maryland, in effect since 1981, 2. Riverhead, New York’s farmland development rights acquisition program, administered by …

Fragmentation, Impervious Surfaces And Water Quality: Quantifying The Effects Of Density And Spatial Arrangement, Elizabeth Brabec, Paul Richards, Stacey Schulte

Elizabeth Brabec

Impervious surfaces have for many years been recognized as an indicator of the intensity of the urban environment and, with the advent of urban sprawl, they have become a key issue in habitat health. In addition to the direct impacts to water quality, impervious surfaces fragment open space and habitat and are therefore a primary land use indicator of both water quality and ecological degradation. This paper develops an understanding of the land use planning implications of the interaction of impervious surfaces, water quality and the spatial form those surfaces take in a watershed. In order to clarify these relationships, …

Activities Of The Eagle River Assembly, Douglas Kemper

Water and Growth in the West (Summer Conference, June 7-9)

14 pages (includes illustrations).

Growth In Colorado And The West: Trends And Issues [Outline], James N. Corbridge Jr.

Water and Growth in the West (Summer Conference, June 7-9)

4 pages.

Contains references.

Gunnison River: A Local Perspective On Union Park, John R. Hill, Jr.

Water and Growth in the West (Summer Conference, June 7-9)

11 pages.

Chronic And Emerging Water Issues In The South Platte/Front Range Corridor, James S. Lochhead

Water and Growth in the West (Summer Conference, June 7-9)

16 pages.

Potential For Coordinated Facilities Management Along The Northern Front Range, Marc Waage

Water and Growth in the West (Summer Conference, June 7-9)

2 pages.

Conjunctive Use In The Denver Basin: The Three Way Agreement, Peter D. Binney

Water and Growth in the West (Summer Conference, June 7-9)

14 pages.

Contains references.

Emerging Demands In The Colorado Headwaters, Taylor Hawes

Water and Growth in the West (Summer Conference, June 7-9)

8 pages.

Groundwater And Growth Management In The New West: Evolving Law And Practice, A. Dan Tarlock

Water and Growth in the West (Summer Conference, June 7-9)

13 pages.

Protecting Instream Flows In Prior Appropriation States: Legal And Policy Issues, Janet C. Neuman

Water and Growth in the West (Summer Conference, June 7-9)

17 pages.

Doing More With Less: Remaining Opportunities For “Tuning The System”: The Potential For Central Valley System-Wide Conjunctive Water Management, Gregory A. Thomas

Water and Growth in the West (Summer Conference, June 7-9)

30 pages (includes illustrations).

Contains footnotes.

The Water Development-Growth Relationship: Case Studies, Edward F. Harvey

Water and Growth in the West (Summer Conference, June 7-9)

7 pages.

Agenda: Water And Growth In The West, University Of Colorado Boulder. Natural Resources Law Center, The William And Flora Hewlett Foundation

Water and Growth in the West (Summer Conference, June 7-9)

1 v. (various pagings) : ill., maps ; 29 cm. + 1 CD-ROM (4 3/4 in.) + supplement (207 p. ; 29 x 24 cm.)

"Conference co-sponsor The William and Flora Hewlett Foundation."

Conference moderators included University of Colorado School of Law professors Gary C. Bryner, James N. Corbridge, Jr., David H. Getches, Douglas S. Kenney, Kathryn M. Mutz, Peter D. Nichols and Charles F. Wilkinson.

Accompanied by: CD-ROM (4 3/4 in.) and supplement (xiv, 140, [49] p.)

Includes bibliographical references

The event will cover a breadth of issues, including demographics and water-use trends, improved planning and efficient use, implementation …

Key Trends In Population And Land Use In The West, William E. Riebsame

Water and Growth in the West (Summer Conference, June 7-9)

9 pages (includes illustrations and maps).

Contains 1 page of references.

Coordinated Planning For Water And Land Use: Is It Worth Considering?, Larry Morandi

Water and Growth in the West (Summer Conference, June 7-9)

10 pages.

Contains 1 page of references.

Growth, Water, And Environmental Values, Bruce C. Driver, Bart Miller

Water and Growth in the West (Summer Conference, June 7-9)

17 pages.

The Social Costs Of Moving Water In Northern New Mexico, David Benavides

Water and Growth in the West (Summer Conference, June 7-9)

15 pages.

Water, Growth And The Endangered Species Act, Holly Doremus

Water and Growth in the West (Summer Conference, June 7-9)

24 pages.

Regionalized Water Management: An Evolving Hydrocommons?, Gary D. Weatherford

Water and Growth in the West (Summer Conference, June 7-9)

26 pages.

Contains footnotes and 8 pages of references.

Growth Pressures And Tmdls, David G. Davis, Jamal M. Kadri, Teresa J. Norfleet

Water and Growth in the West (Summer Conference, June 7-9)

18 pages.

The Effects Of Development On Indian Water Rights: Obstacles And Disincentives To Development Of Indian Water Rights, Jerilyn Decoteau

Water and Growth in the West (Summer Conference, June 7-9)

17 pages.

Contains references.