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Environmental Law Commons

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2018

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Articles 181 - 210 of 830

Full-Text Articles in Environmental Law

Emf At Home: The National Research Council Report On The Health Effects Of Electric And Magnetic Fields, Patsy W. Thomley Aug 2018

Emf At Home: The National Research Council Report On The Health Effects Of Electric And Magnetic Fields, Patsy W. Thomley

Florida State University Journal of Land Use and Environmental Law

With numerous claims that power line in general and electromagnetic fields (EMF) specifically are harming humans, the National Research Council conducted a study and published a report on the results of its study. This Article analyzes the National Research Council Report. The Article begins by presenting the effect that the controversy surrounding electric and magnetic fields has had on public perception along with some of the concomitant effects on property evaluation, land use, and tort litigation. The author continues by explaining electric and magnetic fields. Next, a summary of the National Research Council Report and its conclusions are reviewed. The …


Owning The Land: Four Contemporary Narratives, Eric T. Freyfogle Aug 2018

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 …


Recent Developments In Land Use And Environmental Law, Wes Strickland Aug 2018

Recent Developments In Land Use And Environmental Law, Wes Strickland

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Recommended Legal Websites For Land Use And Environmental Law, Martha Mann Aug 2018

Recommended Legal Websites For Land Use And Environmental Law, Martha Mann

Florida State University Journal of Land Use and Environmental Law

This review of legal web sites for environmental and land use law serves as a useful tool for practitioners looking to expand their research to the vast array of information on the internet. The author provides a brief overview of the beginnings of the internet and how do an internet search. The review focuses on describing many of the major web sites containing information about either land use or environmental law.


Preventing The Secondary Effects Of Adult Entertainment Establishments: Is Zoning The Solution?, Dana M. Tucker Aug 2018

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 …


Coastal Petroleum's Fight To Drill Off Florida's Gulf Coast, Leigh Derenne Braslow Aug 2018

Coastal Petroleum's Fight To Drill Off Florida's Gulf Coast, Leigh Derenne Braslow

Florida State University Journal of Land Use and Environmental Law

This Comment examines the six year litigation between Coastal Petroleum and the State of Florida over a vast lease of oil drilling rights that the State and Coastal negotiated almost half a century ago. Coastal Petroleum argues that Florida's 1990 offshore ban on oil drilling deprives the company of its property rights. The company also argues that it should not be required to post an enormous security bond in order to obtain its drilling permit for the leased area. The Comment analyzes five different legal doctrines that might be asserted in litigation: (1) Submerged Lands Act; (2) public trust doctrine; …


Exacting Public Beach Access: The Viability Of Permit Conditions And Florida's State Beach Access Laws After Dolan V. City Of Tigard, Shawn M. Willson Aug 2018

Exacting Public Beach Access: The Viability Of Permit Conditions And Florida's State Beach Access Laws After Dolan V. City Of Tigard, Shawn M. Willson

Florida State University Journal of Land Use and Environmental Law

In the aftermath of Nollan v. California Coastal Commission and Dolan v. City of Tigard, local governments may find it more difficult to utilize permit conditions as a tool for preserving beach access. This Comment explores the viability of Florida's beach access laws after these decisions, examining the potential effects on permitting for construction at the local level. As an introduction, the Comment reviews Florida's current beach access statutes and discusses the Nollan and Dolan cases. The Comment then analyzes the true meaning of the "rough proportionality" requirement of Dolan, entertaining views from subsequent case law and commentators. Additionally, the …


Amending The National Environmental Policy Act: Federal Environmental Protection In The Twenty-First Century, Paul S. Weiland Aug 2018

Amending The National Environmental Policy Act: Federal Environmental Protection In The Twenty-First Century, Paul S. Weiland

Florida State University Journal of Land Use and Environmental Law

The National Environmental Policy Act (NEPA) represents the cornerstone of American environmental law and marks the beginning of the environmental law statutory movement in the United States. This Article traces the evolution of NEPA and the environmental movement and describes the framers' intent in passing NEPA. Next, the Article examines judicial and executive interpretations of NEPA. The Article concludes by assessing NEPA's present state and suggesting possible reforms to ensure a strong future commitment to NEPA.


Private Property Rights In Florida: Is Legislation The Best Alternative?, Robert P. Butts Aug 2018

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 …


The Politics Of Municipal Incorporation In South Florida, Russel M. Lazega, Charles R. Fletcher Aug 2018

The Politics Of Municipal Incorporation In South Florida, Russel M. Lazega, Charles R. Fletcher

Florida State University Journal of Land Use and Environmental Law

In the past few years, more affluent unincorporated communities have chosen incorporation, particularly in South Florida. This Article addresses the recent incorporation phenomenon in Florida, examining the causes and effects of the movement. The first part of the Article provides background on the structure of Florida's local government system. Additionally, the Article discusses the advantages of incorporation to Florida's communities, explaining the impetus for this new trend. Next, the Article explores the revenue tax base erosion resulting from these recent incorporations and discusses other problems caused by the incorporation wave. Lastly, the Article presents potential options to assuage the incorporation …


Litigating Suitum V. Tahoe Regional Planning Agency In The United States Supreme Court, Richard J. Lazarus Aug 2018

Litigating Suitum V. Tahoe Regional Planning Agency In The United States Supreme Court, Richard J. Lazarus

Florida State University Journal of Land Use and Environmental Law

On May 27, 1997, the United States Supreme Court decided Suitum v. Tahoe Regional Planning Agency, a case addressing ripeness issues as they pertain to regulatory takings and transferable developmental rights (TDRs). As record counsel for the Tahoe Regional Planning Agency in the Suitum, Professor Lazarus considers the strategic litigation choices made by both parties and their impact on the Suitum litigation. By way of introduction, this essay recounts the Suitum facts from two different perspectives, that of petitioner and respondent. Then the essay explores the ways that the parties chose to litigate their respective sides, expounding upon the issues …


The Terminology Of Florida's New Property Rights Law: Will It Allow Equity To Prevail Or Government To Be "Taken" To The Cleaners?, Ellen Avery Aug 2018

The Terminology Of Florida's New Property Rights Law: Will It Allow Equity To Prevail Or Government To Be "Taken" To The Cleaners?, Ellen Avery

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Florida's Troubled Inland Protection Trust Fund: Common Law Actions As Alternative Remedies For An Innocent Buyer Of Contaminated Commercial Land, Robert A. Bass Aug 2018

Florida's Troubled Inland Protection Trust Fund: Common Law Actions As Alternative Remedies For An Innocent Buyer Of Contaminated Commercial Land, Robert A. Bass

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


The Personal Injury Endorsement: An Unwarranted Straining To Obtain Insurance Coverage For Environmental Damage, Richard L. Bradford Aug 2018

The Personal Injury Endorsement: An Unwarranted Straining To Obtain Insurance Coverage For Environmental Damage, Richard L. Bradford

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Informational And Procedural Standing After Lujan V. Defenders Of Wildlife, Brian J. Gatchel Aug 2018

Informational And Procedural Standing After Lujan V. Defenders Of Wildlife, Brian J. Gatchel

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Ripeness And Forum Selection In Fifth Amendment Takings Litigation, Thomas E. Roberts Aug 2018

Ripeness And Forum Selection In Fifth Amendment Takings Litigation, Thomas E. Roberts

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Analyzing Evidence Of Environmental Justice, Vicki Been Aug 2018

Analyzing Evidence Of Environmental Justice, Vicki Been

Florida State University Journal of Land Use and Environmental Law

This article was adapted from a talk given for the Florida State University Journal of Land Use & Environmental Law Distinguished Lecture Series in October 1995. The research discussed in this article was funded in part by the Environmental Protection Agency, pursuant to Grant Number R821299-01-1. Financial assistance also was generously provided by the Filomen D'Agostino and Max E. Greenberg Research Fund at New York University School of Law. The research was conducted by Professor Been and Frances Gupta, Ph.D. Candidate, New York University Department of Economics. They would like to thank Douglas Anderton, Benjamin Goldman, Lewis Kornhauser, Richard Revesz, …


In Re Jensen: Demonstrating The Need For Supreme Court Resolution Of The Conflict Between Cercla And The Bankruptcy Code, John R. Bevis Aug 2018

In Re Jensen: Demonstrating The Need For Supreme Court Resolution Of The Conflict Between Cercla And The Bankruptcy Code, John R. Bevis

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Reaching In The Wrong Pocket?: Dimmitt Chevrolet, Inc. V. Southeastern Fidelity Insurance Corporation, David J. Barberie Aug 2018

Reaching In The Wrong Pocket?: Dimmitt Chevrolet, Inc. V. Southeastern Fidelity Insurance Corporation, David J. Barberie

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Ebb And Flow Of Florida's Public Trust Doctrine Through The Opinions Of Justice James B. Whitehead, Rosanne Gervasi Capeless Aug 2018

Ebb And Flow Of Florida's Public Trust Doctrine Through The Opinions Of Justice James B. Whitehead, Rosanne Gervasi Capeless

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


The Finality Ripeness In Federal Land Use Cases From Hamilton Bank To Lucas, R. Jeffrey Lyman Aug 2018

The Finality Ripeness In Federal Land Use Cases From Hamilton Bank To Lucas, R. Jeffrey Lyman

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Fruit Of The Philadelphia Tree: Toxic For State Regulation Of Out-Of-State Waste, Ann E. Christopher Aug 2018

Fruit Of The Philadelphia Tree: Toxic For State Regulation Of Out-Of-State Waste, Ann E. Christopher

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Finding An Environmental Felon Under The Corporate Veil: The Responsible Corporate Officer Doctrine And Rcra, Sidney M. Wolf Aug 2018

Finding An Environmental Felon Under The Corporate Veil: The Responsible Corporate Officer Doctrine And Rcra, Sidney M. Wolf

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Vatalaro V. Department Of Environmental Regulation: The Mysterious Takings Rule, Valerie A. Collins Aug 2018

Vatalaro V. Department Of Environmental Regulation: The Mysterious Takings Rule, Valerie A. Collins

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Takings Law In Florida: The Whole Is Greater Than The Sum Of Its Parcels, David K. Thulman Aug 2018

Takings Law In Florida: The Whole Is Greater Than The Sum Of Its Parcels, David K. Thulman

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Wetlands Regulation And Mitigation After The Florida Environmental Reorganization Act Of 1993, Bruce Wiener, David Dagon Aug 2018

Wetlands Regulation And Mitigation After The Florida Environmental Reorganization Act Of 1993, Bruce Wiener, David Dagon

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Getting The Most Valuable Water Supply Pie: Economic Efficiency In Florida's Reasonable-Beneficial Use Standard, Phyllis Park Saarinen, Gary D. Lynne Aug 2018

Getting The Most Valuable Water Supply Pie: Economic Efficiency In Florida's Reasonable-Beneficial Use Standard, Phyllis Park Saarinen, Gary D. Lynne

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Takings Law In Florida: Ramifications Of Lucas And Reaheard, Richard J. Grosso, David J. Russ, A.I.C.P. Aug 2018

Takings Law In Florida: Ramifications Of Lucas And Reaheard, Richard J. Grosso, David J. Russ, A.I.C.P.

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


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 Aug 2018

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 Aug 2018

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.