Environmental Law Commons^™

Florida Game And Fresh Water Fish Commission V. Flotilla, Inc., Holly R. Harvey

Natural Resources Journal

No abstract provided.

Determining What Is In The Public Welfare In Water Appropriations And Transfers: The Intel Example, Susanne Hoffman-Dooley

Natural Resources Journal

No abstract provided.

The Future Of High-Level Nuclear Waste Disposal, State Sovereignty And The Tenth Amendment: Nevada V. Watkins, Sonny Swazo

Natural Resources Journal

No abstract provided.

Fruits Of The "Impenetrable Jungle": Navigating The Boundary Between Land-Use Planning And Environmental Law, Michael Allan Wolf

Law Faculty Publications

On June 24, 1994, America's local governments, financially strapped and already subject to potential liability in a number of areas, received an unwelcome gift from the United States Supreme Court--Dolan v. City ofTigard. For the third time in seven years, the Justices ended their term by releasing an opinion further extending the reach of the Fifth Amendment's Takings Clause. This decision was a cause for celebration in the ranks of private property champions and consternation among Court critics who perceive a return to the bad old days of substantive due process, the Court's second-guessing of government decisionmaking, this time …

Capture And Counteraction: Self-Help By Environmental Zealots, James E. Krier

University of Richmond Law Review

Self-help is a largely neglected topic in American legal studies. With the exception of a survey by a group of law students published a dozen years ago, there appears to be little, if anything, in our legal literature that confronts the subject in a systematic way. This is so, at least, if one defines self-help as I do. To me, the term refers to any act of bypassing the formal legal system in order to get what one wants.

What Should Be The Leading Principles Of Land Use Planning? A German Perspective, Clifford Larsen

Vanderbilt Journal of Transnational Law

In this Article discussing German land use planning, the author begins by tracing the historical emergence of land use planning in Germany. The author then evaluates the influence of Germany's constitution on the fundamental principles of land use planning. The author reviews German land use planning's historical and constitutional foundations, then examines the goals guiding federal and state planning and the system constructed to achieve these goals. The author proceeds to analyze the challenges presented to German land use planning by reunification, the environment, and European interdependence. In conclusion, the author reviews the relative merits of German land use planning …

The National Land Use Policy Act, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Professor Miller talked about a particular road that we traveled beginning in the 1970s. Professor Robinson discussed a different road that we traveled when we adopted the National Environmental Policy Act (NEPA) in 1969. I would like to talk about the road not traveled, a road that led in the direction that Professor Miller just charted. We considered a different more comprehensive approach in the early 1970s when our national environmental policies were being formed. The time may be right to reconsider what we then narrowly rejected, both here and in Argentina.

Federal Agency Management Plans Are Ongoing Actions Under Endangered Species Act's Section 7: Pacific Rivers Council V. Thomas And Northwest Forest Resources Council, Cheryl Bada

Natural Resources Journal

No abstract provided.

Arsenic And Old Lace: The Epa Should Not Have Approved A Water Quality Standard For Arsenic That Is Below Natural Background Levels In City Of Albuquerque V. Browner, Cyndi Mojtabal

Natural Resources Journal

No abstract provided.

The Evolution Of Water Rights, Anthony Scott, Georgina Coustalin

Natural Resources Journal

No abstract provided.

State And Tribal Water Quality Standards Under The Clean Water Act: A Case Study, Denise D. Fort

Natural Resources Journal

No abstract provided.

The Unfunded Mandates Reform Act Of 1995: Where Will The New Federalism Take Environmental Policy, Denise D. Fort

Natural Resources Journal

No abstract provided.

The Debate: Are Water Rights And Sustainable Water Use Compatible?, Stuart L. Somach

Sustainable Use of the West's Water (Summer Conference, June 12-14)

12 pages.

Contains footnotes and references.

Water Rights And The Commonwealth, Eric T. Freyfogle

Sustainable Use of the West's Water (Summer Conference, June 12-14)

20 pages.

A Meeting Of Opposites—Is Sustainable Use Of The Columbia River Possible?, John M. Volkman

Sustainable Use of the West's Water (Summer Conference, June 12-14)

47 pages.

Contains footnotes.

Restoring The Rio Grande—What Will It Take?, Denise Fort

Sustainable Use of the West's Water (Summer Conference, June 12-14)

18 pages.

Contains 1 page of references.

Sustainability: Myth And Reality, Kai Lee

Sustainable Use of the West's Water (Summer Conference, June 12-14)

23 pages (includes illustrations).

Contains references.

Agenda: Sustainable Use Of The West's Water, University Of Colorado Boulder. Natural Resources Law Center

Sustainable Use of the West's Water (Summer Conference, June 12-14)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Teresa A. Rice, Elizabeth A. Rieke and Charles F. Wilkinson.

Sustainable development is on the policy agenda for the '90s. What does sustainability mean? Is it a realistic concept? Are water rights compatible with sustainable use? The Center's 16th annual summer conference will explore the meaning of sustainability in the context of the West's demands, development, and natural values. Presentations by leading experts will address the broad concept of sustainable development, with a particular look at Arizona's experience. The focus will be …

The Pine Barrens: A New Model Of Land Use Control For New York, Michael R. Jung

Buffalo Environmental Law Journal

No abstract provided.

Recycling Industrial Sites In Erie County: Meeting The Challenge Of Brownfield Redevelopment, Robert S. Berger, Patricia C. Campbell, James A. Crolle Iii, Wendy A. Marsh, Sallie Randolph, Julia A. Solo, Hugh Stephens

Buffalo Environmental Law Journal

This is an updated version of a report originally released in May, 1994, which was prepared in cooperation with Richard M. Tobe, Erie County Commissioner of Environment and Planning. The authors were members of the Spring, 1994 Environment and Development seminar. This updated version is still in the form of a report. A fuller historical and analytical treatment of many of the issues presented here can be found in the forthcoming article, Comment, Urban Decay and the Role of Superfund: Legal Barriers to Redevelopment and the Prospects for Change, 43 BuFF.L.RBv. _ (1995), written by Julia A. Solo, one of …

America's Water: Federal Roles And Responsibilities, Denise D. Fort

Natural Resources Journal

No abstract provided.

Which Right Is Right: The Pueblo Water Rights Doctrine Meets Prior Appropriation, Pierre Levy

Natural Resources Journal

No abstract provided.

Betting On Open Space: The Great Outdoors Colorado Trust Fund, Will Shafroth, Rick Hum, University Of Colorado Boulder. Natural Resources Law Center

Betting on Open Space: The Great Outdoors Colorado Trust Fund (February 9)

17 pages.

Includes illustrations, maps, and biographical information for Will Shafroth and Rick Hum.

In 1992 Colorado voters approved the dedication of a portion of lottery proceeds to a trust fund for parks, wildlife, trails and open spaces. The fund will produce over $30 million during the next five years, and $35 million annually thereafter that will be dedicated to these purposes. Will Shafroth, Director, State Board of the Great Outdoors Colorado Trust Fund, will discuss the first 18 months of GOCO and future challenges. Rick Hum, Summit County Commissioner, will comment on the program from the perspective of local …

The Stable Door Is Open: New York's Statutes To Protect Farm Land, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Daniel Webster, in his Remarks on Agriculture, asserted that "When tillage begins, other arts follow. The farmers, therefore, are the founders of human civilization." If Webster is right, civilization in New York State is floundering. Dutchess County recently witnessed the closing of the county's oldest dairy operation, Kay-Ray Farm. With Kay-Ray gone, Dutchess now has just over 50 farms left, down from over 100 in 1987 and from nearly 300 in 1972. What happened to this farm and this county is happening, to varying degrees, throughout the state. Legislatively, we have left the barn door ajar and the state's productive …

Biodiversity Conservation And The Ever-Expanding Web Of Federal Laws Regulating Nonfederal Lands: Time For Something Completely Different, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article offers an early examination of the law and governance of biodiversity (circa 1995) through the lenses of the Endangered Species Act, Clean Water Act, and Coastal Zone Management. It suggests that true multi-scalar, cooperative federalism will be needed to manage complex ecological resources for biodiversity conservation. A suggested model employing regional biodiversity management approaches is outlined.

Has The U.S. Supreme Court Finally Drained The Swamp Of Takings Jurisprudence? The Impact Of Lucas V. South Carolina Coastal Council On Wetlands And Coastal Barrier Beaches, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

This article argues that the Court's reliance on the law of property neither creates an internal inconsistency in takings law nor necessarily leads to further destruction of natural resources. Background principles of property law, such as custom and public trust, have long provided a basis for government protection of the public's interest in certain types of land, like the barrier beach David Lucas sought to develop.

Thus, the Lucas case need not be perceived as casting a constitutional cloud over laws protecting important ecosystems like wetlands and barrier beaches. The decision may not place these resources in greater danger from …

The Non-Impact Of The United States Supreme Court Regulatory Takings Cases On The State Courts: Does The Supreme Court Really Matter?, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

Environmental Policy And Federal Structure: A Comparison Of The United States And Germany, Susan Rose-Ackerman Professor Of Jurisprudence

Vanderbilt Law Review

The assignment of tasks to the appropriate level of government is an important aspect of environmental policy design. Because the costs and benefits of pollution control policies are closely tied to geography, political solutions should reflect the underlying spatial structure of environmental problems. These solutions should not only incorporate the long-distance effects of air and water pollution, but also account for the mobility of economic actors and the resource base of governments.

There are three general types of environmental problems. Global issues have no complex geographical component. Regional problems arise when political boundaries do not coincide with the pollution's geographical …

Regional Habitat Conservation Planning: The California Gnatcatcher Example, Marc J. Ebbin

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

10 pages.

The Utah Wilderness Debate (Or Is That Debacle), Jeffrey W. Appel

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

95 pages (includes illustrations and maps).