Law Commons^™

Metropolitan Water Supply Investigation Final Report: Report To The Colorado Water Conservation Board, January 1999, Hydrosphere Resource Consultants, Inc. Et Al.

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

207 pages (includes color illustrations and maps).

Contains 5 pages of references.

Smart Growth: Localism: A Theoretical Analysis, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article explores the concept of smart growth, which promotes development in central city districts in an effort to reduce urban sprawl. Specifically, this feature discusses how smart growth is accomplished at all levels of the government, and contrasts top-down versus bottom-up land use control. In the past, local land use initiatives have been mostly unsuccessful at solving larger regional problems. Fears exist among scholars and politicians that federal or state land use legislation will fail to meet the specific individual needs of local governments. However, through the use of state created incentives and other programs, communities in New York …

The Lining Of The All-American Canal: The Forgotten Voices, Alfonso Cortez-Lara, Maria Rosa Garcia-Acevedo

Natural Resources Journal

No abstract provided.

The La Paz Symposium On Transboundary Groundwater Management On The U.S.-Mexico Border, Stephen P. Mumme

Natural Resources Journal

No abstract provided.

Nuisance Revisited After Buchanan And Bormann, Jesse Richardson, Theodore A. Feitshans

Law Faculty Scholarship

No abstract provided.

America's Green Ports: Environmental Management And Technology At Us Ports, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

America's Green Ports: Environmental Management and Technology at US Ports is a compendium of case studies presenting a selection of innovative and cost-effective management practices and technologies employed by US ports to avoid, prevent, minimize, mitigate or remediate environmental impacts associated with port development and operations. This compendium of projects is one product of the US EPA, Office of Water’s Green Ports Program. It follows the 1998 publication of the Environmental Management Handbook prepared by the American Association of Port Authorities, also funded by the US EPA's Office of Water. That report provides practical information on incorporating environmental stewardship into …

Managing Growth: Local Governments: Drawing The Boundaries, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Bounded growth, a concept that encourages focused development into compact areas such as preexisting town centers, or areas rich in public transportation, is a necessary concept within the smart growth paradigm. Bounding human growth patterns facilitates the creation of sustainable, eco-friendly land usage. In New York, where the state legislature gives local governments broad authority to perform land use functions, such as bounded growth, municipalities have the option of utilizing controlled growth by amending their comprehensive plans. This article discusses bounded growth and several other underutilized tools municipalities have at their disposal to help promote smart growth by directing development …

Final Environmental Impact Statement - Iron Point Exploraton License - Iron Point Coal Lease Tract - Elk Creek Coal Lease Tract, Volume 2, United States Department Of Agriculture -- Forest Service, United States Department Of The Interior -- Bureau Of Land Management

Environmental Assessments (CO)

This appendix documents BLM and Forest Service activities to involve and consult with other government agencies and the public in the preparation of the Final EIS for the potential leasing of the Iron Point and Elk Creek Coal lease tracts, as well as the issuance of a coal exploration license for an area within and surrounding the Iron Point Coal lease Tract.

Final Envrionmental Impact Statement: Iron Point Exploration License -- Iron Point Coal Lease Tract -- Elk Creek Coal Lease Tract, Volume 1, United States Department Of Agriculture -- Forest Service, United States Departement Of The Interior -- Bureau Of Land Management

Environmental Assessments (CO)

The Final Environmental Impact Statement (EIS) describes the physical, biological, social, and economic resources that would be potentially affected by leasing of the Iron Point and Elk Creek Coal Lease tracts as well as issuing an exploration license for an area within and surrounding the Iron Point Coal Lease Tract. The federal decisions to be made involve the approval or disapproval of coal leasing (the Iron Point and Elk Creek tracts) and of an exploration license. Some of the key issues for these proposed actions include: the potential effects of transporting over 19 million tons of coal per year from …

Incorporation Of "Private" Environmental Certification Systems In Formal Legal Systems: The U.S. Case., Errol E. Meidinger

Journal Articles

No abstract provided.

The Impact Of Florida Statute 800.03 On Local Regulation Of Nude Dancing Facilities., Stephen Durden

Stephen Durden

Local governments throughout the country have enacted adult entertainment codes regulating, among other things, massage parlors, adult movie theaters, adult video stores and adult toy stores. Local governments have not forgotten live performances particularly nude or topless dancing. Regulations throughout the country require facilities to get licenses before they operate; require that the dancers get licenses; regulate the location of these facilities; and regulate their interiors. These regulations are often challenged, with the challenge being based on the First Amendment. The assumption behind all these cases is that the First Amendment protects nude dancing. That assumption is now unassailable but …

Ld 1028 - Protection Of Indian Archaeological Sites : Report To The Standing Committee On Appropriations And Financial Affairs, Maine Historic Preservation Commission

Maine Collection

LD 1028 - Protection of Indian Archaeological Sites : Report to the Standing Committee on Appropriations and Financial Affairs.

Arthur Spiess, Archaeologist, Maine Historic Preservation Commission with Representative Donald Soctomah, January, 2000.

Contents: Introduction / The Resource / The Problem / Synopsis of Existing Laws / Discussions with Law Enforcement / Site Monitoring or Stewardship / Discussion / Recommendations / Appendix A - Text of 27 MRSA 371-378 as Amended to Date / Appendix B - Written Comments from State Agencies on LD 1028 Consultation / Appendix C - Archaeological Site Monitoring Materials

The Dilemma Of Old, Urban Neighborhoods, W Dennis Keating

Law Faculty Articles and Essays

In his recounting of the suburban migration from America's cities, journalist and broadcaster Ray Suarez laments the loss of the "old neighborhood". He extols its virtues while explaining its decline. Suarez's nostalgic examples recall the virtues of the extended family kinship, neighborliness, and other features of the "urban village." These are often associated with those urban neighborhoods populated by recent immigratns. These urban villages were thought to have peaked in the decades between the American Civil War and the onset of the First World War, when many U.S. cities industrialized and grew very rapidly. However, a continuing movement of migrants …

Conflicts In Regulating Religious Institutions, Alan C. Weinstein

Law Faculty Articles and Essays

Over the past 25 years, religious institutions have greatly increased their claims of violation of religious freedom when they are denied zoning approval or subjected to historic preservation regulations. While no one can definitively explain the causes of this increase in First Amendment challenges, it can partially be traced to recent changes in both our society and the way our political/legal system conceptualizes religious freedom.

Thoughts On Some Potential Appellate And Trial Court Applications Of Therapeutic Jurisprudence, Steve Leben

Faculty Works

To date, the application of therapeutic jurisprudence principles has been concentrated mainly on specialized trial courts: drug treat­ment courts, domestic violence courts, criminal courts, and juvenile and family courts. Its application to trial courts generally, as well as its application to the appellate courts, remains largely unexplored. This Article considers three areas in which trial and appellate courts may want to consider applying therapeutic jurisprudence.

My conclusions about the application of therapeutic jurispru­dence to the appellate courts are admittedly tentative ones: my day job is sitting as a state general jurisdiction trial judge, not as an appel­late court judge. Although …

Beyond The Urban-Suburban Dichotomy: A Discussion Of Sub-Regional Poverty Concentration, Georgette C. Poindexter

Buffalo Law Review

No abstract provided.

Co-Operating With The Neighbours: Regional Planning In Hamburg And Toronto, Patricia Petersen

Buffalo Law Review

No abstract provided.

Farms, Their Environmental Harms, And Environmental Laws, J.B. Ruhl

Vanderbilt Law School Faculty Publications

Farms are one of the last uncharted frontiers of environmental regulation in the United States. Despite the substantial environmental harms they cause-habitat loss and degradation, soil erosion and sedimentation, water resources depletion, soil and water salinization, agrochemical releases, animal wastes, nonpoint source water pollution, and air pollution-environmental law has given them a virtual license to do so. When combined, the active and passive safe harbors farms enjoy in most environmental laws amount to an anti-law that finds no rational basis given the magnitude of harms farms cause. This paper comprehensively documents the environmental harms farms cause and the safe harbors …

The Maine Shore And The Army Corps: A Tale Of Two Harbors, Wells And Saco, Maine, Joseph Kelley, Walter Anderson

Maine Policy Review

By discussing the problems of beach erosion and sand movement at Wells and Saco, Maine, Joseph Kelley and Walter Anderson demonstrate how single-minded, engineering approaches to complex, interdisciplinary coastal issues can create bigger problems than previously existed. As Kelley and Anderson explain, at both Wells and Camp Ellis, the Army Corps of Engineers was brought in to construct a harbor at no local cost to the community. This was accomplished by constructing jetties, and the result has been a persistent and serious problem of beach erosion. Over the years, the Army Corps has offered further technical solutions that have served …

The Opportunities And Threats Of Coastal Development: An Mpr Roundtable Discussion, Paul Anderson

Maine Policy Review

In May 2000, nine discussants—each with a unique perspective on coastal development—convened to explore changes occurring on the Maine coast, whether those changes are consistent with what Maine people want, and what looming issues invite further debate and creative problem solving. Their discussion spanned a range of sensitive issues including aquaculture development, the displacement of traditional economies, the effects of development on coastal wildlife populations, and the reality of diminishing public access to the coast. All agreed that with vision and careful planning we have an opportunity to shape the future of the Maine coast, but the jury is out …

Land Use, Science, And Spirituality: The Search For A True And Lasting Relationship With The Land, Charles Wilkinson

Publications

No abstract provided.

Environmental And Brownfield Liability: Relative Influence On Corporate Expansion And Relocation, Heidi Gorovitz Robertson, Alan K. Reichert

Law Faculty Articles and Essays

Many states in America have enacted laws to encourage the development of contaminated properties. The laws attempt to do this by addressing one barrier to redevelopment, the environmental liability attached to contaminated properties. In general, the laws attempt to remove or reduce the significance of that barrier by reducing or eliminating the environmental liability risk attached to these properties. Our hypothesis was that these efforts cannot significantly encourage redevelopment because they fail to address non-environmental barriers to urban redevelopment. To determine whether this legislative focus on environmental liability is misplaced, we conducted a survey of Northeast Ohio businesses, which had …

The Middle Rio Grande Conservancy District's Protected Water Rights: Legal, Beneficial, Or Against The Public Interest In New Mexico, Lisa D. Brown

Natural Resources Journal

No abstract provided.

Should Lucas V. South Carolina Coastal Council Protect Where The Wild Things Are? Of Beavers, Bob-O-Links, And Other Things That Go Bump In The Night, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Lucas v. South Carolina Coastal Council is one of several recent Supreme Court decisions in which the Court used the Just Compensation Clause as a "weapon of reaction" to strike down an offending land use restriction. In Lucas, the target of the Court's animus was a state law prohibiting a landowner from developing two beachfront lots. The South Carolina Supreme Court upheld the law as a legitimate exercise of the State's police power to protect the public from harm in the face of a takings challenge by the landowner. The U.S. Supreme Court rejected the South Carolina court's talismatic …

The Public-Use Requirement In Washington After State Ex Rel. Washington State Convention & Trade Center V. Evans, Tim Benedict

Washington Law Review

In State ex rel. Washington State Convention & Trade Center v. Evans, the Supreme Court of Washington held that an exercise of eminent domain for a convention center expansion project containing private developments utilizing most of the project's developed space would not violate the Washington public-use requirement In so doing, the court made the already confusing and contradictory Washington case law concerning public use in the context of eminent domain even more unpredictable. This Note argues that the court should have adopted a public-purpose analysis and thereby clarified the Washington public-use requirement.

Three Issues For The City In The 21st Century, Richard Briffault

Faculty Scholarship

The title for this year’s program of the Section on Urban, State and Local Government Law of the Association of American Law Schools is The City in the 21st Century. These three articles provide a stimulating introduction to three issues that are likely to be central to the study of the city in the twenty-first century-as they were in the twentieth century and in the nineteenth century: the interplay of local and regional forces in land development, the battles among interest groups to control city hall, and the role of local government in promoting local economic development. These issues are …

Robert M. Benson Family Papers, Zach S. Henderson Library Special Collections

Finding Aids

Spanning 1937-1969, materials consist of indentures, deeds, promissory notes, insurance maps, and other legal and financial records from the earliest years of Georgia Southern University, then known as First District Agricultural and Mechanical School; materials also include personal and professional correspondences from Charles E. Cone Realty Company to active and prospective tenants about owning land in Bulloch County, as well as a variety of local land plats, oversized maps, blueprints, and posters; additionally, there are photographs of prominent local figures and family members. A notable entry are newspapers detailing the Apollo 11 moon landing in 1969. A selection of World …