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Environmental Law Commons

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2018

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Articles 271 - 300 of 830

Full-Text Articles in Environmental Law

Recent Developments, Bridget Y. Kellogg Aug 2018

Recent Developments, Bridget Y. Kellogg

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Balancing Public Water Supply And Adverse Environmental Impacts Under Florida Water Law: From Water Wars Towards Adaptive Management, Kevin E. Regan Aug 2018

Balancing Public Water Supply And Adverse Environmental Impacts Under Florida Water Law: From Water Wars Towards Adaptive Management, Kevin E. Regan

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Recalibrating The Federal Government's Authority To Regulate Intrastate Endangered Species After Swancc, Jeffrey H. Wood Aug 2018

Recalibrating The Federal Government's Authority To Regulate Intrastate Endangered Species After Swancc, Jeffrey H. Wood

Florida State University Journal of Land Use and Environmental Law

The federal government has spent the last thirty years regulating activities that affect endangered species regardless of the species' impact on interstate commerce. The federal government used the Commerce Clause to justify such a wide range of activities there seemed to be no limit to the federal government power to intervene on behalf of endangered species. This scheme changed radically with the Supreme Court's decision in Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers. The holding implied that federal regulation of isolated, intrastate ponds unconstitutional. This article outlines the framework that produced the SWANCC …


Downzoning, Fairness And Farmland Protection, Jesse J. Richardson, Jr. Aug 2018

Downzoning, Fairness And Farmland Protection, Jesse J. Richardson, Jr.

Florida State University Journal of Land Use and Environmental Law

The author addresses the role of "downzoning" in smart growth efforts. Initially, the article summarizes the six major potential legal challenges against downzoning to protect farmland and how each of these legal causes of action attempts to address "fairness." The causes of action include: direct challenges of the act, spot zoning, takings, substantive due process, equal protection, and 42 U.S.C. 1983. Then, the article describes and refutes the major arguments posited by those supporting the fairness of downzoning without compensation to landowners. The author concludes that the awkward intervention of the court into these matters results from inherent unfairness of …


Equitable Apportionment Of Ecosystem Services: New Water Law For A New Water Age, J. B. Ruhl Aug 2018

Equitable Apportionment Of Ecosystem Services: New Water Law For A New Water Age, J. B. Ruhl

Florida State University Journal of Land Use and Environmental Law

This article is an edited and annotated version of remarks delivered by the author at the FSU College of Law's forum on The Future of the Appalachicola-Chattahoochee-FlinRt iver System: Legal, Policy, and Scientific Issues, held on November 5, 2003. The purpose of the article is to suggest that the greater understanding we have today of the role ecological processes play in delivering tremendous economic value to human populations demands that the law recognize these important ecosystem services as a critical factor in the interstate water apportionment calculus. The author makes this point in the context of the dispute over the …


Takings And Transitions, Holly Doremus Aug 2018

Takings And Transitions, Holly Doremus

Florida State University Journal of Land Use and Environmental Law

This article explores the inconsistent doctrines advanced by the courts in determining regulatory takings cases. Given the current nature of this area of the law, the author proposes an alternative test to apply in takings cases to provide more straight-forward treatment. That test would encompass four factors: 1) the justification for regulatory change; 2) the extent to which change was foreseeable in advance, and the ability of the landowner to adapt to that change; 3) the abruptness of the change; and 4) the generality of its application. Since regulatory takings claims are entirely about change, the author argues that the …


Recent Developments, Benjamin B. Bush Aug 2018

Recent Developments, Benjamin B. Bush

Florida State University Journal of Land Use and Environmental Law

This section highlights recent developments in federal and state environmental and land use case law. The section also summarizes Florida Legislation from the 2002 Legislative Session. Readers may also research these topics online at the official website of the Florida Legislature, http://www.leg.state.fl.us, the Florida Department of Environmental Protection's website, http://www.dep.state.fl.us, and the Florida Department of Community Affairs' website, http:/www.dca.state.fl.us.


2003 Recommended Web Sites For Watershed Management, Cynthia Norgart Aug 2018

2003 Recommended Web Sites For Watershed Management, Cynthia Norgart

Florida State University Journal of Land Use and Environmental Law

Most practitioners have become very familiar with researching the internet's vast quantity of information with the convenient click of the mouse. In the past several years, the Journal of Land Use and Environmental Law has attempted to simplify the overwhelming sea of information through its annual website review. Past reviews have provided outlines on websites focusing on Wetlands law, Oceans and Coastal law, and Endangered Species. This section provides an outline of useful websites on Watershed Management.


Book Review: Daniel Fitzpatrick, Land Claims In East Timor, Karen M. Smith Aug 2018

Book Review: Daniel Fitzpatrick, Land Claims In East Timor, Karen M. Smith

Florida State University Journal of Land Use and Environmental Law

In "Land Claims," Daniel Fitzpatrick presents a comprehensive and interesting view of the challenges facing the fledgling East Timorese government. He reviews the variety of competing land claims, from those of traditional occupiers of land in East Timor to the claims of Indonesian nationals following East Timor's bid for independence. In addition to giving a broad picture of the competing land claims situation, Mr. Fitzpatrick also illustrates individual situations, humanizing the problem for his readers. "Land Claims" is an interesting read for those interested not only in international law, including the laws of property and occupation, but also for those …


Feral Cat Colonies In Florida: The Fur And Feathers Are Flying, Pamela Jo Hatley Aug 2018

Feral Cat Colonies In Florida: The Fur And Feathers Are Flying, Pamela Jo Hatley

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Environmentalists And Forest Landowners: Why We Must Work Together, Ray Vaughn Aug 2018

Environmentalists And Forest Landowners: Why We Must Work Together, Ray Vaughn

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Release Of Exotic Natural Enemies For Biological Control: A Case Of Damned If We Do And Damned If We Don't?, Lance S. Osborne, James P. Cuda Aug 2018

Release Of Exotic Natural Enemies For Biological Control: A Case Of Damned If We Do And Damned If We Don't?, Lance S. Osborne, James P. Cuda

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


The Importance Of Scale In Area-Wide Planning-Strategies: Bay County Optional Sector Plan, Roger B. Anderson, David M. Haight, Katherine G. Anamisis, Wiatt F. Bowers, Pamela Latham Aug 2018

The Importance Of Scale In Area-Wide Planning-Strategies: Bay County Optional Sector Plan, Roger B. Anderson, David M. Haight, Katherine G. Anamisis, Wiatt F. Bowers, Pamela Latham

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Florida Water Law And Environmental Water Supply For Everglades Restoration, John J. Fumero Aug 2018

Florida Water Law And Environmental Water Supply For Everglades Restoration, John J. Fumero

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Proceedings Of The 9th Annual Public Interest Environmental Conference: "Florida's Final Frontiers: Saving What's Left" Aug 2018

Proceedings Of The 9th Annual Public Interest Environmental Conference: "Florida's Final Frontiers: Saving What's Left"

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Managing Isolated Wetlands After Solid Waste And Tahoe: The Case Of Delaware, Joshua M. Duke, Kristen A. Sentoff Aug 2018

Managing Isolated Wetlands After Solid Waste And Tahoe: The Case Of Delaware, Joshua M. Duke, Kristen A. Sentoff

Florida State University Journal of Land Use and Environmental Law

Perhaps as few as fifteen states have adequate protection of isolated wetlands, which were left vulnerable by the U.S. Supreme Court's Solid Waste decision. This paper also examines the recent Tahoe decision and the case of Delaware to assess the impact of Solid Waste on isolated wetlands. The interim between Solid Waste in 1999 and any forthcoming legislation is the most challenging time, for this is when landowners can manifest their investment-backed expectations for recently proscribed land uses. The interim also produces uncertainty, which may lead to suboptimal landowner decisions. If state law is put in place soon, the government …


Laying Out An "Unwelcome Mat" To Public Beach Access, Jennifer A. Sullivan Aug 2018

Laying Out An "Unwelcome Mat" To Public Beach Access, Jennifer A. Sullivan

Florida State University Journal of Land Use and Environmental Law

Florida beaches attract tourists from around the world. However, many are unaware of the issues surrounding public beach access; issues that potentially threaten the ability of the Florida visitor to enjoy the warm sands and blue waters that define the state to many. In her comment, Ms. Sullivan revisits the issue of public beach access and the doctrine of customary usage. Specifically, the battle that is occurring in the over-development of Florida Panhandle beaches is analyzed, with the "fishing village" of Destin serving as a prime example. The effect of recent Florida decisions concerning strict adherence to local comprehensive plans …


Revenue Options For A Risk-Based Assessment Of Developed Property In Hurricane Hazard Zones, Robert E. Deyle, Mary Kay Falconer Aug 2018

Revenue Options For A Risk-Based Assessment Of Developed Property In Hurricane Hazard Zones, Robert E. Deyle, Mary Kay Falconer

Florida State University Journal of Land Use and Environmental Law

This article focuses on minimizing the risk of developing land in hurricane-prone areas. First, the author discusses major local emergency management services associated with hurricanes and methods for estimating the costs of those services. Second, the author summarizes a method for apportioning those costs based on alternative revenue options. Third, the author assesses the potential for financing local emergency management services associated with hurricanes. Finally, the author examines the feasibility of local emergency financing in the context of state constitutional and legislative authorities in Florida.


"Bottling Up" Our Natural Resources: The Fight Over Bottled Water Extraction In The United States, Tara Boldt-Van Rooy Aug 2018

"Bottling Up" Our Natural Resources: The Fight Over Bottled Water Extraction In The United States, Tara Boldt-Van Rooy

Florida State University Journal of Land Use and Environmental Law

This note begins by looking at the bottled water industry and its recent, enormous growth - for instance, in 2001 U.S. consumers drank five billion gallons of bottled water. Noting that the industry has grown in such a significant manner, this note takes issue with the regulations of the bottled water industry. The author argues that the federal regulations, state regulations, and self-imposed regulation (from the industry itself) were insufficient because the regulations focus on the quality of the water extracted from the source versus the quantity of the water extracted. Following the explanation of the author's theory, that the …


Overcoming Williamson County's Troubling State Procedures Rule: How The England Reservation, Issue Preclusion Exceptions, And The Inadequacy Exception Open The Federal Courthouse Door To Ripe Takings Claims, J. David Breemer Aug 2018

Overcoming Williamson County's Troubling State Procedures Rule: How The England Reservation, Issue Preclusion Exceptions, And The Inadequacy Exception Open The Federal Courthouse Door To Ripe Takings Claims, J. David Breemer

Florida State University Journal of Land Use and Environmental Law

This article discusses an avenue available to takings claimants so that they may open the nearly closed door of the federal courts. In Williamson County, the United States Supreme Court established two ripeness prongs that create powerful barriers to landowners seeking to have their takings claims heard on the merits in federal court. Through an in depth analysis of the facts and litigation of this case and others, the author assesses the foundation of the state procedures requirements and concludes it is not required by the Takings Clause. The article scrutinizes the rule's fundamental unfairness and error in its application. …


Book Review: Well Grounded: Using Local Land Use Authority To Achieve Smart Growth, Roman Ortega-Cowan Aug 2018

Book Review: Well Grounded: Using Local Land Use Authority To Achieve Smart Growth, Roman Ortega-Cowan

Florida State University Journal of Land Use and Environmental Law

Professor Nolon presents a large body of interesting and important information in an easily accessible format. Although the focus is primarily on New York land use law, the book serves a dual purpose: New York citizens and officials may use it as a practical guide and students throughout the country may use it to learn of a valuable strategy that may (and arguably should) be employed by all fifty states.


Recent Developments, Kara J. Berlin Aug 2018

Recent Developments, Kara J. Berlin

Florida State University Journal of Land Use and Environmental Law

This section highlights recent developments in federal and state environmental and land use case law. Readers may also research these topics online at the official website of the Florida Legislature, www.leg.state.fl.us, the Florida Department of Environmental Protection's website,www.dep.state.fl.us, and the Florida Department of Community Affairs' website at www.dca.state.fl.us.


2002 Recommended Web Sites For National And Florida Parks, John T. Cardillo Aug 2018

2002 Recommended Web Sites For National And Florida Parks, John T. Cardillo

Florida State University Journal of Land Use and Environmental Law

Many fond memories are created during vacations. This section provides readers with a brief review of websites for national and Florida parks which will hopefully facilitate memorable journeys. The Journal's annual website review attempts to assist the legal practitioner in taking advantage of the free resources available on the internet when researching environmental and land use issues. Past reviews include Endangered Species and Ocean and Coastal law.


Panel: Ethical Dilemmas: Finding Common Ground On Controversial Issues, Panelist Lesley Blackner, Panelist Richard C. Foltz, Panelist Anna L. Peterson, Moderator Brion Blackwelder, Student Assistant Lisa C. Shiavinato, Faculty Advisor Alyson Flournoy Aug 2018

Panel: Ethical Dilemmas: Finding Common Ground On Controversial Issues, Panelist Lesley Blackner, Panelist Richard C. Foltz, Panelist Anna L. Peterson, Moderator Brion Blackwelder, Student Assistant Lisa C. Shiavinato, Faculty Advisor Alyson Flournoy

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Conservation Issues On Military Lands: Some Thoughts On A Framework For Successful Mission Integration — Est Modus In Rebus, Louis J. Puleo Aug 2018

Conservation Issues On Military Lands: Some Thoughts On A Framework For Successful Mission Integration — Est Modus In Rebus, Louis J. Puleo

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


"Industry Is From Mars, Environmentalists Are From Venus: Reconciling Our Differences On Earth." - A Utility Perspective, Richard Lehfeldt Aug 2018

"Industry Is From Mars, Environmentalists Are From Venus: Reconciling Our Differences On Earth." - A Utility Perspective, Richard Lehfeldt

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


A Public Benefit Fund For Florida: Creating A Sustainable Energy Future For The Sunshine State, Deb Swim Aug 2018

A Public Benefit Fund For Florida: Creating A Sustainable Energy Future For The Sunshine State, Deb Swim

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Reconciling Environmentalist And Industry Differences: The New Corporate Citizenship "Race To The Top"?, Gary S. Guzy Aug 2018

Reconciling Environmentalist And Industry Differences: The New Corporate Citizenship "Race To The Top"?, Gary S. Guzy

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Three Questions For Agriculture About The Environment, J. B. Ruhl Aug 2018

Three Questions For Agriculture About The Environment, J. B. Ruhl

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Policy Instruments For A Sustainable Built Environment, Charles J. Kibert Aug 2018

Policy Instruments For A Sustainable Built Environment, Charles J. Kibert

Florida State University Journal of Land Use and Environmental Law

No abstract provided.