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 …

Book Review: Environmental Protection And Coastal Zone Management In Asia And The Pacific. Kato, Kumamoto, Matthews, & Suhaimi Eds. Tokyo University Press. 1985., Thomas J. Schoenbaum

Georgia Journal of International & Comparative Law

No abstract provided.

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 …

The Cathedral Engulfed: Sea-Level Rise, Property Rights, And Time, J. Peter Byrne

Louisiana Law Review

No abstract provided.

Coastal Land Loss And The Mitigation – Adaptation Dilemma: Between Scylla And Charybdis, Blake Hudson

Louisiana Law Review

No abstract provided.

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

Patricia E. Salkin

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 …

Essential Fish Habitat And Coastal Zone Management: Business As Usual Under The Magnuson-Stevens Act?, Lee Benaka, Dennis Nixon

Golden Gate University Law Review

Part I of this article provides a brief overview of how fish habitat conservation became a significant priority for NMFS and how and why provisions to ensure habitat conservation were introduced into the Magnuson-Stevens Act. We describe how the brief language in the Magnuson-Stevens Act was interpreted by the NMFS through its Interim Final Rule and controversies related to that interpretation. Part II examines the response of management agencies in the Gulf of Mexico to the EFH policy. Specifically, this case study reviews an amendment created by the Gulf of Mexico Fishery Management Council to address EFH requirements and describes …

The Regulation Of Biological Pollution: Preventing Exotic Species Invasions From Ballast Water Discharged Into California Coastal Waters, Andrew N. Cohen, Brent Foster

Golden Gate University Law Review

In Part I of this article, we describe ballast water's use, its contribution to biological invasions, and the technical approaches that could be used to combat the problem. In Part II, we describe opportunities for employing existing laws and regulations to manage ballast discharges in California. We first discuss the limitations of international, federal and state laws that have tried to address ballast discharges of exotic organisms as a shipping issue. We then consider the potential for regulating ballast discharges under federal and state laws aimed at controlling water pollution, protecting wildlife, ensuring the assessment, disclosure and mitigation of environmental …

Does The U.S. Government Realize That The Sea Is Rising? How To Restructure Federal Programs So That Wetlands And Beaches Survive, James G. Titus

Golden Gate University Law Review

This article examines practical federal options to prepare for one of the impacts of global warming-sea level rise. Part I examines the implications of greenhouse gases for our coastal zones, explains the causes and effects of sea level rise, and analyzes the implications of various responses. Part II examines how specific federal policies are currently failing to address existing and projected sea level rise, and enumerates a number of modest changes that may well have been included in these programs to begin with, had sea level rise been as well recognized when the programs were created as it is today. …

Implementing An Ecosystem Approach To Ocean Management: An Assessment Of Current Regional Governance Models, Donna R. Christie

Duke Environmental Law & Policy Forum

No abstract provided.

Regional Ocean Governance: A Look At California, Brian E. Baird, Amber J. Mace

Duke Environmental Law & Policy Forum

No abstract provided.

Regional Ocean Governance In The United States: Concept And Reality, Marc J. Hershman, Craig W. Russell

Duke Environmental Law & Policy Forum

No abstract provided.

Regional Ocean Governance: The Role Of The Public Trust Doctrine, Kristen M. Fletcher

Duke Environmental Law & Policy Forum

No abstract provided.

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 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 …

Managing Alaska’S Coastal Development: State Review Of Federal Oil And Gas Lease Sales, M. David Kurtz

Alaska Law Review

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.

Mandatory Mediation Of Coastal Zone Planning Disputes In Alaska—An Innovative Approach To Administrative Decisionmaking, Jane Baluss

Alaska Law Review

No abstract provided.

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 …

Marine Policy, Baz Edmeades

Dalhousie Law Journal

For a good many years, the major law reviews in Canada, the United States, United Kingdom and France have devoted a considerable number of their pages to problems of the law of the sea, as this topic has increased in importance and consequent concern among international lawyers. With this development came the appearance of a number of new law journals dealing with the law of the sea such as the Journal of Maritime Law and Commerce in 1969, Ocean Development and International Law in 1973, the Journal of Coastal Zone Management in 1973 to name but three. These and other …