Law Commons^™

The Advent Of Zoning, Garrett Power

Garrett Power

This essay looks at some of the lawyers and judges who were instrumental in the enactment and judicial approval of American zoning laws.

Contemporary Water Issues, Susan Kelly

Publications

No abstract provided.

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

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 …

Land Use And Zoning Law: The Current Lay Of The Land, Philip C. Strother, Matthew R. Farley

University of Richmond Law Review

No abstract provided.

Multiple Permits, Temporary Takings, And Just Compensation, Garrett Power

Garrett Power

No abstract provided.

Palazzolo V. Rhode Island: Takings, Investment-Backed Expectations, And Slander Of Title, Garrett Power

Garrett Power

No abstract provided.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

Publications

No abstract provided.

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

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.

Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry

Indiana Law Journal

No abstract provided.

The Land Use Stabilization Wedge Strategy: Shifting Ground To Mitigate Climate Change, John R. Nolon

William & Mary Environmental Law and Policy Review

This article describes how local governments, through the clever application of existing land use techniques, can mitigate climate change. This strategic path follows one developed by Princeton professor Robert Socolow, who identified and described fifteen categories for organizing society's climate change mitigation efforts.1 Five of Socolow's strategic categories fall within the reach of local land use authority: reduced use of vehicles, energy efficient buildings, vegetative carbon sequestration, wind power, and solar power.2 Through the aggregation of these local land use techniques, significant energy savings and carbon dioxide ("C02") reduction can be achieved. After making some background points, this article describes …

Sustainability And Land Use Planning: Greening State And Local Land Use Plans And Regulations To Address Climate Change Challenges And Preserve Resources For Future Generations, Patricia E. Salkin

William & Mary Environmental Law and Policy Review

No abstract provided.

Biophilic Urbanism: Inviting Nature Back To Our Communities And Into Our Lives, Timothy Beatley

William & Mary Environmental Law and Policy Review

No abstract provided.

Introduction: The Sustainability Principle, Irma S. Russell

Faculty Works

No abstract provided.