Open Access. Powered by Scholars. Published by Universities.®

Environmental Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2018

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 301 - 330 of 830

Full-Text Articles in Environmental Law

Proceedings Of The 8th Annual Public Interest Environmental Conference: "Industry Is From Mars, Environmentalists Are From Venus: Reconciling Our Differences On Earth.", Regina Fegan, Nicole C. Kibert Aug 2018

Proceedings Of The 8th Annual Public Interest Environmental Conference: "Industry Is From Mars, Environmentalists Are From Venus: Reconciling Our Differences On Earth.", Regina Fegan, Nicole C. Kibert

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Negotiating The Maze: Tracing Historical Title Claims In Spanish Land Grants And Swamp And Overflowed Lands Act, Sidney F. Ansbacher, Joe Knetsch Aug 2018

Negotiating The Maze: Tracing Historical Title Claims In Spanish Land Grants And Swamp And Overflowed Lands Act, Sidney F. Ansbacher, Joe Knetsch

Florida State University Journal of Land Use and Environmental Law

This article discusses the treatment of submerged sovereignty lands transferred to the United States through quitclaim transactions; states acquiring such lands were instructed that they be used to benefit the public interest and, as such, transfer was prohibited unless it would advance such interests. For comparison, the article also traces the acquisition and treatment of those lands which Florida took title to upon statehood as swamp and overflowed lands to be used, conversely, for purposes of internal improvement. To distinguish between the treatment of the lands acquired through the different methods, the article traces the various state and federal legislative …


New Power, Few New Lines: A Need For A Federal Solution, Hoang Dang Aug 2018

New Power, Few New Lines: A Need For A Federal Solution, Hoang Dang

Florida State University Journal of Land Use and Environmental Law

In this article, winner of the Journal of Land Use & Environmental Law's Patsy Ford & David Bloodworth Memorial Scholarship, the author discusses the problems facing the electric industry as the chains of monopolistic power and intense regulation are removed and the industry is transformed into a deregulated and competitive market. Looking back at key pieces of federal legislation and regulation, the author maps out the road that was intended to lead to a healthy array of increased competition and significant benefits to consumers but, instead, delivered the industry into a quandary of transmission congestion, safety risks, and negation of …


What Lawmakers Can Learn From Large-Scale Ecology, Fred Bosselman Aug 2018

What Lawmakers Can Learn From Large-Scale Ecology, Fred Bosselman

Florida State University Journal of Land Use and Environmental Law

Professor Fred Bosselman of the Chicago-Kent College of Law specializes in energy, land-use, and environmental law. In his ground-breaking article, What Lawmakers Can Learn From Largescale Economy, Professor Bosselman argues that laws regulating management of natural resources and environmental protection must be amended to incorporate current scientific knowledge. Today, ecological scientists have dramatically expanded their ability to study the natural world in large quantities, both spatially and temporally. Although ecology still gains many insights from analysis of small-scale phenomena, large-scale ecology is beginning to make us realize that ecological systems are more than just the sum of their parts. Current …


Recent Developments In Land Use & Environmental Law, John T. Cardillo Aug 2018

Recent Developments In Land Use & Environmental Law, John T. Cardillo

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 2001 Legislative session. 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, www.dca.state.fl.us.


Green Justice: A Holistic Approach To Environmental Justice, Nicole C. Kibert Aug 2018

Green Justice: A Holistic Approach To Environmental Justice, Nicole C. Kibert

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Translating Science Into Law: Phosphorus Standards In The Everglades, Keith Rizzardi Aug 2018

Translating Science Into Law: Phosphorus Standards In The Everglades, Keith Rizzardi

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Scrutinizing Environmental Enforcement: A Comment On A Recent Discussion At The Aals, Joel A. Mintz Aug 2018

Scrutinizing Environmental Enforcement: A Comment On A Recent Discussion At The Aals, Joel A. Mintz

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Exalting The Corporate Form Over Environmental Protection: The Corporate Shell Game And The Enforcement Of Water Management Law In Florida, Mary Jane Angelo, Charles Lobdell, Tara Boonstra Aug 2018

Exalting The Corporate Form Over Environmental Protection: The Corporate Shell Game And The Enforcement Of Water Management Law In Florida, Mary Jane Angelo, Charles Lobdell, Tara Boonstra

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Traits And Tools For Ethical Environmental Advocates In Florida, Brion Blackwelder Aug 2018

Traits And Tools For Ethical Environmental Advocates In Florida, Brion Blackwelder

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Implementing Everglades Restoration, Mary Doyle Aug 2018

Implementing Everglades Restoration, Mary Doyle

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Proceedings Of The 7th Annual Public Interest Environmental Conference: All Eyes On Florida: Revitalizing, Restoring & Revisiting Aug 2018

Proceedings Of The 7th Annual Public Interest Environmental Conference: All Eyes On Florida: Revitalizing, Restoring & Revisiting

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Fred Bosselman As Participant-Observer Lawyer: The Case Of Habitat Conservation Planning, A. Dan Tarlock Aug 2018

Fred Bosselman As Participant-Observer Lawyer: The Case Of Habitat Conservation Planning, A. Dan Tarlock

Florida State University Journal of Land Use and Environmental Law

In the final tribute piece, the author, a colleague and close friend of Professor Bosselman's at Chicago-Kent, shares his insight into the world of Professor Bosselman as the "Participant- Observer." Specifically the author discusses Professor Bosselman's contributions to Habitat Conservation Plans and their implementation in California.


Twenty-Five Years Of Taming Tourism, Craig A. Peterson Aug 2018

Twenty-Five Years Of Taming Tourism, Craig A. Peterson

Florida State University Journal of Land Use and Environmental Law

This tribute discusses Professor Bosselman's contributions to understanding, conceptualizing and managing tourism growth. The author includes a discussion of Professor Bosselman's works: In the Wake of the Tourist: Managing Special Places in Eight Countries; and Managing Tourism Growth: Issues and Applications. As a coauthor of the second work, the author offers a unique insight into the mind of one of the leaders in land use and environmental law.


Fred Bosselman's Legacy To Land Use Reform, Daniel R. Mandelker Aug 2018

Fred Bosselman's Legacy To Land Use Reform, Daniel R. Mandelker

Florida State University Journal of Land Use and Environmental Law

This tribute describes two state-level control techniques that Professor Bosselman pioneered: the regulation of Areas of Critical State Concern and the control of Developments of Regional Impact. The critical area technique has become accepted by state and local governments in land use regulation. The DRI has also gained acceptance, notably in Florida.


Fred Bosselman And The Taking Issue, David L. Callies Aug 2018

Fred Bosselman And The Taking Issue, David L. Callies

Florida State University Journal of Land Use and Environmental Law

As the first of four tribute pieces to Professor Bosselman, this article is an overview of three works by Professor Fred Bosselman which had a significant impact on the takings issue: The Quiet Revolution in Land Use Control, The Taking Issue, and A Model Land Development Code. All three had a tremendous influence on land use law as current practitioners know it. The author offers unique insight from the position of one who worked with Professor Bosselman on the first two projects as well as helping Professor Bosselman with the implementation of the Model Code in Florida.


Tribute To The Achievements Of Professor Fred P. Bosselman, A. Dan Tarlock Aug 2018

Tribute To The Achievements Of Professor Fred P. Bosselman, A. Dan Tarlock

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Recent Developments In Land Use And Environmental Law, Luke Sherlock, Christopher Mettler Aug 2018

Recent Developments In Land Use And Environmental Law, Luke Sherlock, Christopher Mettler

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, as well as notable legislation recently passed by the Florida Legislature. In addition to the sources cited in this section, the reader is encouraged to consult the official website of the Florida Legislature at , the Florida Department of Environmental Protection's website at , and the Florida Department of Community Affairs' website at Other useful sources the reader may wish to consult include the website of the Environmental Land Use Section of the Florida Bar, , and the Florida Environmental Compliance Update, available through M. …


Delegation And Discretion: Structuring Environmental Law To Protect The Environment, Michael N. Schmidt Aug 2018

Delegation And Discretion: Structuring Environmental Law To Protect The Environment, Michael N. Schmidt

Florida State University Journal of Land Use and Environmental Law

This article, winner of the Florida Bar Environmental and Land Use Law Section's 2000 Dean. Frank E. Maloney Memorial Writing Contest, reviews the District of Columbia Circuit Court's decision in American Trucking Associations, Inc. v. United States Environmental Protection Agency. The D.C. Circuit "sent shock waves through the environmental community" by reviving the nondelegation doctrine, after sixty years of dormancy, in American Trucking Associations, Inc. v. United States Environmental Protection Agency. The court used the nondelegation doctrine to restrict the Environmental Protection Agency's (EPA) discretionary decision making capacity, which could have a sweeping effect on Congress' authority to defer to …


The Tri-State Compact: Falling Waters And Fading Opportunities, Dustin S. Stephenson Aug 2018

The Tri-State Compact: Falling Waters And Fading Opportunities, Dustin S. Stephenson

Florida State University Journal of Land Use and Environmental Law

This timely article reviews the history and current status of the Apalachicola-Chattahoochee-Flint River Basin Compact, a tri-state water compact between Alabama, Florida, and Georgia. In the United States, water rights disputes are common in the arid West, where the supply of water is simply not plentiful when compared to the vast area of land; in fact, the western water rights doctrine dates back to the Gold Rush days of the mid 1800's. However, the Southeastern United States, with its humid climate, lush greenery, and plentiful rainfall, has always had an abundant water supply for its needs. Therefore, the region has …


Environmental Law In Cuba, Oliver A. Houck Aug 2018

Environmental Law In Cuba, Oliver A. Houck

Florida State University Journal of Land Use and Environmental Law

This groundbreaking article describes the evolution of Cuban environmental law. It begins by hazarding a summary of the machinery of government. It then moves to consider early environmental laws and policies, the emergence of a new environmental ministry in 1994, a new framework environmental law in 1997, subsequent programs for environmental impact assessment, coastal zone management, and biological diversity, and first steps towards their implementation. It ends with an assessment of special economic, political and legal challenges Cuba faces and their relationship to environmental policy. The questions are obvious. The answers are not, but their pursuit is very much in …


Recent Developments In Land Use And Environmental Law, Leslie Bryson Aug 2018

Recent Developments In Land Use And Environmental Law, Leslie Bryson

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


2000 Recommended Web Sites For Wetlands Law, I. Wes Wheeler Aug 2018

2000 Recommended Web Sites For Wetlands Law, I. Wes Wheeler

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


The Emerging Federal Role In Growth Management, Jason C. Rylander Aug 2018

The Emerging Federal Role In Growth Management, Jason C. Rylander

Florida State University Journal of Land Use and Environmental Law

In his comment, The Emerging Federal Role in Growth Management, author Jason Rylander argues for a more prominent federal role in state and local land use decisions. The author champions the Clinton-Gore Livability Agenda, a recent proposal designed to encourage state and local governments to adopt certain land use restrictions in exchange for substantial federal funding. Urban sprawl and the resulting traffic congestion experienced by an increasing number of U.S. cities is the fuel behind this sweeping enterprise. Federal intervention in land use policy is not a new phenomenon. The comment documents the numerous federal housing and land use programs …


Factors For Determining Validity Of Evidence In Clean Air Act Litigation, Susan Norton Aug 2018

Factors For Determining Validity Of Evidence In Clean Air Act Litigation, Susan Norton

Florida State University Journal of Land Use and Environmental Law

This article focuses on the expanded liability and enforcement exposure that major stationary sources bear under the Clean Air Act Amendments of 1990 and subsequent EPA rules known as the "Any Credible Evidence" Rule and the "Compliance Assurance Monitoring" Rule. The article notes that these regulations fail to adequately define "credible evidence" and argues that a definition, and thus an intelligible evidentiary analysis, can be fashioned based on the Supreme Court's ruling in Daubert v. Merrell Dow Pharmaceuticals, Inc., as supported by the more recent cases of Joiner and Kuhmo Tire. The article's thesis is that demonstration of scientific validity …


Global Climate Change: Threats And Solutions, Carol M. Browner Aug 2018

Global Climate Change: Threats And Solutions, Carol M. Browner

Florida State University Journal of Land Use and Environmental Law

In these remarks, the speaker briefly highlights the progresses that the Clinton Administration has made in the areas of environmental and public health protection. She then discusses how the administration plans to continue improving environmental and public health protection. She states that for these improvements to occur, partnerships between industries, governments, and communities must continue. The next great test for these partnerships is global warming. If a global warming treaty is developed, it will not hurt the U.S. economy. Instead the U.S. will realize an economic growth from it since pollution-reducing technologies are needed and the U.S. has proven throughout …


"Who Ya Gonna C(S)Ite?" Ghostbusters And The Environmental Regulation Debate, Christine Alice Corcos Aug 2018

"Who Ya Gonna C(S)Ite?" Ghostbusters And The Environmental Regulation Debate, Christine Alice Corcos

Florida State University Journal of Land Use and Environmental Law

The author has cleverly used the motion picture, Ghostbusters, to examine the law and policy likely to be invoked when governments and individuals face an unexpected and undefined environmental threat. Several of the questions that may be raised include who decides which procedures will be followed to meet the threat; by what process; who determines whether those procedures should be abandoned in favor of another approach; should competing regulatory schemes be allowed to muddy the waters; and course of action might various parties take to enjoin a violator's activities? The author first discusses the parties and the issues involved in …


Retroactive Liability Under The Superfund: Time To Settle The Issue, Nancy K. Kubasek, Carrie Williamson, Rachael Vigil Aug 2018

Retroactive Liability Under The Superfund: Time To Settle The Issue, Nancy K. Kubasek, Carrie Williamson, Rachael Vigil

Florida State University Journal of Land Use and Environmental Law

This Article addresses the need for a legislative solution to the issue of retroactive liability under CERCLA. Before suggestion a legislative solution, the authors examine the history of CERCLA. The examination is followed with an analysis of the reasoning applied in the original Olin decision, how courts reacted to this decision, and an analysis of its reversal in Olin II. After examining the ongoing debate in Congress, the authors conclude by suggesting a legislative solution and calling for legislation affirming CERCLA retroactive liability.


Windfalls Or Windmills: The Right Of A Property Owner To Challenge Land Use Regulations (A Call To Critically Reexamine The Meaning Of Lucas), Stephen E. Abraham Aug 2018

Windfalls Or Windmills: The Right Of A Property Owner To Challenge Land Use Regulations (A Call To Critically Reexamine The Meaning Of Lucas), Stephen E. Abraham

Florida State University Journal of Land Use and Environmental Law

This Article addresses the need for a more binding Supreme Court decision precluding states from redefining "property." The article summarizes recent state and federal decisions discussing the rights of property owners to challenge regulations that deprive them of their property without just compensation, and state's misapplication of the Supreme Court holdings in Lucas v. South Carolina Coastal Council and Nollan v. California Coastal Council. After discussing the Supreme Court's decisions in Nollan and Lucas, the Article explores the state of property law after these decisions. Focusing on the inconsistent application of the Lucas and Nollan holdings, the Article discusses recent …


City Of Boerne V. Flores And The Religious Freedom Restoration Act: The Delicate Balance Between Religious Freedom And Historic Preservation, Elizabeth C. Williamson Aug 2018

City Of Boerne V. Flores And The Religious Freedom Restoration Act: The Delicate Balance Between Religious Freedom And Historic Preservation, Elizabeth C. Williamson

Florida State University Journal of Land Use and Environmental Law

This Article analyzes the clash between historic preservation and religious freedom in the context of the United States Supreme Court's decision in City of Boerne v. Flores. (117 S. Ct. 2157 (1997). In Flores, the Court ruled on the constitutionality of the Religious Freedom Restoration Act (RFRA), an act which affords additional protection to religious practices by subjecting neutral, non-religion based government laws such as preservation ordinances to judicial scrutiny. Using the backdrop of the Flores decision, the Article analyzes the constitutionality and policy behind RFRA and examines RFRA's effect on preservation. The Article includes a history of both the …