Environmental Law Commons^™

Maralex Resources, Inc. V. Barnhardt, Bradley E. Tinker

Public Land & Resources Law Review

In Maralex Resources v. Barnhardt, Maralex and property owners brought an action to protect private property from BLM inspections of oil and gas lease sites. The Tenth Circuit looked at the plain meaning of a congressional statute and held in favor of Maralex, finding that BLM lacked authority to require a private landowner to provide BLM with a key to inspect wells of their property. The Tenth Circuit held BLM has the authority to conduct inspections without prior notice on private property lease sites; however, it is required to contact the property owner for permission before entering the property.

Endangering Missouri’S Captive Cervid Industry, Lauren Hunter

Missouri Law Review

This Note seeks to explore the validity of regulations proposed by the Commission to prevent the spread of chronic wasting disease (“CWD”) – a fatal neurodegenerative disease – in cervids, such as white-tailed deer. Part II discusses the facts and circumstances surrounding the Missouri Supreme Court’s decision in Hill v. Missouri Department of Conservation. Part III dissects the delicate balance between private property interests and government interests, the scope of the Commission’s regulatory authority, as well as the driving forces behind the “right-to-farm” amendment to the Missouri Constitution. Part IV unpacks the court’s reasoning in Hill before concluding with a …

Commercial-Property Leases As A Means For Private Environmental Governance, Darren A. Prum

Georgia State University Law Review

Commercial-property leases as a means for private environmental governance routinely get overlooked despite their noticeable presence. The applicable theoretical models used in environmental law and the standards that typically measure legal activity fail to detect the commercial-property lease as a regulatory action as well. Moreover, the public and positive law and policy approach of the past that heavily relied on administrative authority now follows more of a private law and governance approach. The private law and governance approach responds to the marketplace where standards are set, enforcement occurs, and dispute resolution takes place between parties involved in the transaction outside …

Standing For Standing Rock?: Vindicating Native American Religious And Land Rights By Adapting New Zealand's Te Awa Tupua Act To American Soil, Malcolm Mcdermond

Dickinson Law Review (2017-Present)

On February 23, 2017, the Standing Rock Sioux Tribe (“Tribe”) was forced to disband its nearly year-long protest against the construction of the Dakota Access Pipeline, which threatened the integrity of its ancestral lands. The Tribe sought declaratory and injunctive relief in the United States District Court for the District of Columbia, but the court ruled against the Tribe and failed to protect its interests. While the United States was forcibly removing Indigenous protesters, other countries were taking steps to protect Indigenous populations. In unprecedented legislative action, New Zealand took radical steps to protect the land and cultural rights of …

A Presidential Power Of Monumental Proportions: Does The Antiquities Act Permit The Review And Revision Of National Monuments Or Can The President Steal Your Land?, Maureen A. Mccotter

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Specialization Trend: Water Courts, Vanessa Casado-Pérez

Faculty Scholarship

Definition of property rights is not useful unless there is an enforcement system, either public or private, that backs it up. While the definition of property rights as a solution to the tragedy of the commons has been carefully analyzed in the literature, the enforcement piece has been somewhat overlooked. Water is becoming scarcer and conflict is rising. As a result, the need for an efficient and fair enforcement system is more necessary than ever due to climate change.

Given the complexity of water law and the backlog in the judicial system, introducing specialization in the resolution of water cases …

How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Comprehensive Rezonings, Sara C. Bronin

Cornell Law Faculty Publications

Of all powers given to local governments, the power to zone is one of the most significant. Zoning dictates everything that gets built in a locality—and thus effectively dictates all of the key activities that take place within it. Nationwide, most zoning codes were adopted in the first half of the twentieth century. Many, including the zoning codes of New York City and Chicago, were significantly revised in the 1960s. While these codes have been revised piecemeal, just a few American cities have undergone a comprehensive revision: replacing the old code with a completely new one.

A comprehensive rezoning can …

Introduction: Property In Ecology, Jonathan H. Adler

Faculty Publications

Are property rights in ecological resources compatible with environmental protection? Might they be essential?

Working at the local level, conservationists have often rediscovered Aldo Leopold’s counsel that private rights can be more effective than government regulation. Conservation goals have been dramatically enhanced by the growth of land trusts and increasing use of property instruments such as conservation easements. Land ownership in fee simple is one way a conservation organization may protect a particular place, but it is hardly necessary in many contexts. Conservation easements and other partial interests in land are often a highly cost-effective alternative, particularly where conservation is …

Tribal Tools & Legal Levers For Halting Fossil Fuel Transport & Exports Through The Pacific Northwest, Mary Christina Wood

American Indian Law Journal

As alarming scientific predictions crystallize into the realities of today’s climate crisis, tribal communities in the Pacific Northwest find themselves on the front lines of a global assault launched by the fossil fuel industry. Encouraged by President Trump’s declaration of intent to unleash $50 trillion of America’s domestic fossil fuels, corporations push for massive expansion of the nation’s fossil fuel infrastructure—even as the world races towards irrevocable climate thresholds. The unprecedented onslaught hinges on the Pacific Northwest as a key link in a global market scheme. The coastal region sits as a proposed industrial gateway for huge export facilities transporting …

11th Marine Law Symposium: Legal Strategies For Climate Adaptation In Coastal New England 2018, Roger Williams University School Of Law

Marine Affairs Institute Conferences, Lectures, and Events

No abstract provided.

Are Beach Boundaries Enforceable? Real-Time Locational Uncertainty And The Right To Exclude, Josh Eagle

Faculty Publications

Over the past few decades, landowners have tried to use the First, Fourth, and Fifth Amendments to fully privatize the upper, dry-sand part of the beach. If these efforts were to succeed, there would be a host of negative consequences, and not just for surfers. In most of the states in which beaches are economically important, including California, Florida, New Jersey and Texas, privatized dry sand would mean little to no public access at times when the public, wet-sand part of the beach is submerged, that is, in the hours immediately before and after high tides. Decreased beach use would …

Upstate Citizens For Equality, Inc. V. United States, Kirsa Shelkey

Public Land & Resources Law Review

The Indian Reorganization Act of 1935 is the proper avenue for Tribes pursuing restoration of their historic trust lands. The Oneida Indian Nation of New York long sought to reassert tribal jurisdiction over its historic homeland in Central New York. These efforts were largely unsuccessful until 2008 when the United States took 13,000 acres of this historic homeland into trust on behalf of the Tribe under the Indian Reorganization Act. This case affirms the federal government’s plenary powers over Indian Tribes, and that neither state sovereignty principles, nor the Enclave Clause upset that authority.

California Department Of Toxic Substances Control V. Westside Delivery, Llc, Mitch L. Werbell V

Public Land & Resources Law Review

The Ninth Circuit’s recent decision in California Department of Toxic Substances Control v. Westside Delivery, LLC reminds prospective purchasers of tax-defaulted property of their responsibility for due diligence.The case addressed the reach of the third-party defense to a CERCLA cost recovery action. The court determined that CERCLA’s third-party defense did not apply to a company which purchased a contaminated property at a tax auction because of its “contractual relationship” with the former owner-polluter and because the relevant contaminating acts occurred “in connection with” the prior polluter’s ownership of the site.

Murr And Wisconsin: The Badger State's Take On Regulatory Takings

Marquette Law Review

None.

Florida's Housing Trust Fund -- Addressing The State's Affordable Housing Needs, Kristin Larsen

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Green Buildings: An Overview Of Progress, Charles J. Kibert

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

From Lucas To Palazzolo: A Case Study Of Title Limitations, Brittany Adams

Florida State University Journal of Land Use and Environmental Law

This Note examines what state courts and lower federal courts have found to be "background principles" of property and nuisance law that fit into the Lucas exception. The Note examines recent case law that applies the Lucas exception to determine how the law has developed. The Note then explains the facts of Palazzolo v. Rhode Island and discusses how the Court should rule on the issues in light of the difficulty the courts have had in applying Lucas. The Note concludes that the Court must consider the importance of the right to own property in America. The Court should take …

Book Review: Brownfields: A Comprehensive Guide To Redeveloping Contaminated Property, Maribel Nicholson-Choice

Florida State University Journal of Land Use and Environmental Law

Brownfields: A Comprehensive Guide to Redeveloping Contaminated Property by Todd S. Davis and Kevin D. Margolis, with a preface by Vice President Al Gore is a guide for assisting individuals with understanding Brownfields. Based on her years of experience as a practitioner in the field, the reviewer believed that this book is an excellent tool for lawyers who wish to become acquainted with the complexities of brownfields redevelopment. The reviewer states that the book does an excellent job at not limiting its analysis to any one point of view. The reviewer noted that the book begins by clearly defining the …

Owning The Land: Four Contemporary Narratives, Eric T. Freyfogle

Florida State University Journal of Land Use and Environmental Law

Our 1997-1998 Distinguished Lecturer authored an Essay addressing property ownership questions in view of four contemporary narratives of land ownership. This Essay discusses in turn the libertarian narrative of individual autonomy, the more traditional narrative of property focused on economic opportunity, a community-centered narrative that understands property as an evolving tool to meet community needs, and a biocentric narrative that looks to the land itself to prescribe the rules on how it can be used. This discussion begins reviewing these tales with the one that has stirred up the most controversy lately, the narrative of autonomy. It is in this …

Preventing The Secondary Effects Of Adult Entertainment Establishments: Is Zoning The Solution?, Dana M. Tucker

Florida State University Journal of Land Use and Environmental Law

This Comment examines the effects of the adult entertainment industry on America's communities and addresses whether current legal protections adequately shield communities from negative secondary effects resulting from the industry. The Comment begins by recounting the history of municipalities' abilities to zone out adult entertainment establishments, describing the growth of the industry, and outlining the growth of their First Amendment protection. Next, the Comment examines the potential secondary effects resulting from adult entertainment establishments, including the spread of AIDS, increased prostitution, rape, crime, and neighborhood deterioration. The author discusses whether zoning is a viable method for decreasing these secondary effects …

Private Property Rights In Florida: Is Legislation The Best Alternative?, Robert P. Butts

Florida State University Journal of Land Use and Environmental Law

This Article analyzes the Bert J. Harris, Jr. Private Property Rights Protection Act (Act) passed by the Florida Legislature in 1995. In addition to examining the legislation, the Article includes an examination of the Act in the context of existing Florida takings case law. This is done by comparing the present case results to the anticipated results under the Act. This evaluation is followed by reviewing the perspective views of both the property rights proponents and opponents. Next, the author discusses the anticipated state of takings law in Florida. The author concludes that legislation is the best way to address …

Appellate Review In Land Use Regulation: Applying A Formal Versus A Functional Analysis (Park Of Commerce Associates V. City Of Delray Beach, 606 So. 2d 633 (Fla. 4th Dca 1992)), Tricia A. Krinek

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Takings: The Fifth Amendment, Government Regulation, And The Problem Of The Relevant Parcel, Laura M. Schleich

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Environmental Cleanup Actions, The Valuation Of Contaminated Properties, And Just Compensation For Affected Property Owners, James P. Downey

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Circumscribing The Reduction Of Open Space By Scattered Development: Incorporating A German Concept In American Right-To Farm Laws, Terence J. Centner

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Of Mice And Missiles: A True Account Of Lucas V. South Carolina Coastal Council, Daniel R. Mandelker

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Community Land Trusts: A Promising Alternative For Affordable Housing, Stacey Janeda Pastel

Florida State University Journal of Land Use and Environmental Law

No abstract provided.