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Full-Text Articles in Law
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 …
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.
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.
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 …
Local Governments Weigh Green Building Standards, John R. Nolon, Jennie C. Nolon
Local Governments Weigh Green Building Standards, John R. Nolon, Jennie C. Nolon
Elisabeth Haub School of Law Faculty Publications
Through New York state legislation, localities are afforded broad authority adopt green building standards that reach beyond those imposed by state law. As localities begin to undertake the challenge of implementing green building initiatives, many legal questions arise. This article examines several instances of green local action and provides examples of successful local projects, as well as local mistakes. The municipalities mentioned include a broad spectrum of communities, from small municipalities such as Mount Kisko, to some of the larger cities in the state such as New York City and Syracuse.
Changing Times--Changing Practice: New Roles For Lawyers In Resolving Complex Land Use And Environmental Disputes, John R. Nolon, Jessica A. Bacher
Changing Times--Changing Practice: New Roles For Lawyers In Resolving Complex Land Use And Environmental Disputes, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
Following this introduction is a discussion of the many excellent papers by academics, practitioners, and students contained in this themed Kheel edition of the Pace Environmental Law Review. The article continues with an analysis of the practice of law and how it is affected by the advent of environmental interest dispute resolution.
The Land Use Stabilization Wedge Strategy: Shifting Ground To Mitigate Climate Change, John R. Nolon
The Land Use Stabilization Wedge Strategy: Shifting Ground To Mitigate Climate Change, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
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. 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. Through the aggregation of these local land use techniques, significant energy savings and carbon dioxide (CO2) reduction can be achieved. After making some background points, this article describes …