Land Use Law Commons^™

Nasty Weather And Ugly Produce: Climate Change, Agricultural Adaptation, And Food Waste, Richard Moore

Natural Resources Journal

Food systems worldwide are threatened by climate change, as reflected, for example, in the diminished yields of fruits and vegetables and reduced production of global fisheries. This article discusses the threats of climate change on agricultural production and the need for agricultural adaptation. It posits that food insecurity must be considered in terms of climate change and its likely effects on food production. The article argues that agricultural mitigation and adaptation measures should must be pursued and communicated through the mechanisms of the Paris Agreement. In the United States, reducing food waste effectuated by the regulation on the culling of …

Liquid Power: Contested Hydro-Modernities In Twentieth-Century Spain By Erikswyngedouw, John Morseau

Natural Resources Journal

No abstract provided.

Front Matter, Natural Resources I. Journal

Natural Resources Journal

No abstract provided.

The Domestic Well Exemption In The West: A Case Study Of Santa Fe’S Municipal Ordinance, Maxine N. Paul

Natural Resources Journal

In the case of Bounds v. State of New Mexico, the New Mexico Supreme Court upheld the constitutionality of a statute that allows domestic wells to be permitted with less oversight than other water rights. The statute, known as the domestic well exemption, is common in various forms throughout the Western United States. Currently, there are an estimated 200,000 permitted domestic wells across the State of New Mexico, increasing at a rate of approximately 5,000 per year. Various scholars have argued for amendments to domestic well statutes or local regulations to make exempt well applications as rigorous as other water …

Fighting For Environmental Justice: The Life And Work Of Professor Eileen Gauna, Clifford J. Villa

Natural Resources Journal

No abstract provided.

Public Resource Ownership And Community Engagement In A Modern Energy Landscape, Samantha Hepburn

Pace Environmental Law Review

The onshore resource conflicts that have erupted in the Eastern states of Australia highlight the deep need for axiomatic structural change in public resource ownership frameworks. Much of the conflict that has arisen stems from the failure of the state, as owner, to give proper regard to the social and environmental concerns relevant to the expansion of onshore resource development. The underlying rationale for vesting resources in the state is to ensure they are managed for the benefit of the community as a whole. The implied sumption is that public benefit obligations are met through state administration because this is …

Let’S Be Reasonable: Why Neither Nollan/Dolan Nor Penn Central Should Govern Generally-Applied Legislative Exactions After Koontz, Glen Hansen

Pace Environmental Law Review

This article explains why the Nollan/Dolan test should not apply to legislatively imposed exactions, provided that such exactions satisfy two key criteria: (1) the exaction is generally-applied; and (2) the exaction is applied based on a set legislative formula without any meaningful administrative discretion in that application. Legislative exactions that fail to meet those two criteria should be governed by the Nollan/Dolan standard of review in the same manner as the ad hoc adjudicative exaction in Koontz. Furthermore, legislative exactions that satisfy those two criteria also should not be governed by the factored analysis in Penn Central Transportation Co. v. …

Public Access To Spatial Data On Private-Land Conservation, Jessica Owley

Journal Articles

Information is critical for environmental governance. The rise of digital mapping has the potential to advance private-land conservation by assisting with conservation planning, monitoring, evaluation, and accountability. However, privacy concerns from private landowners and the capacity of conservation entities can influence efforts to track spatial data. We examine public access to geospatial data on conserved private lands and the reasons data are available or unavailable. We conduct a qualitative comparative case study based on analysis of maps, documents, and interviews. We compare four conservation programs involving different conservation tools: conservation easements (the growing but incomplete National Conservation Easement Database), regulatory …

Earthquakes In The Oilpatch: The Regulatory And Legal Issues Arising Out Of Oil And Gas Operation Induced Seismicity, Monika U. Ehrman

Georgia State University Law Review

This article reviews the scientific theories and studies regarding induced seismicity, in addition to examining the current regulatory framework and litigation arising out of these seismic events. Lastly, it provides strategies to aid stakeholders and identifies challenges likely to arise in the future.

Part I of this Article provides a review of the geoscience theories regarding natural and induced seismicity. Part II reviews the current scientific literature regarding a possible relationship between certain oil and gas operations and induced seismicity. Part III reviews the existing regulatory structure addressing seismicity in affected states, including possible applicable environmental legislation. Part IV discusses …

The Road To Yamoussoukro, Vivica Brown

Journal of Comparative Urban Law and Policy

Air transportation plays an important role in any country’s evolution because it accelerates the convergence of goods and people. Creating a cooperative air transport system could unlock the potential for a long awaited, remarkable economic growth in Africa. “The African aviation market is perhaps one that has the most potential for growth out of the global regions, due to it being a comparatively young industry and servicing a large and rapidly developing population.” Africa is home to 15.96% of the world’s population, over 1.1 billion people, but it still accounts for less than 4% of the global air service market. …

Some Rough Historical Parallels Between South Africa And The United States, Denis Binder

Journal of Comparative Urban Law and Policy

No abstract provided.

The Democratic Street, Sudarshan Tiwari

Journal of Comparative Urban Law and Policy

No abstract provided.

Anti-Money Laundering Initiatives For The South African Real Estate Market, Jeffrey R. Boles

Journal of Comparative Urban Law and Policy

No abstract provided.

Financial Inclusion In South Africa: An Integrated Framework For Financial Inclusion Of Vulnerable Communities In South Africa's Regulatory System Reform, Lydie Louis, Frederic Chartier

Journal of Comparative Urban Law and Policy

Vulnerable communities in developing countries like the poor in South Africa are not included in their country’s formal economy because the poor have little or no access to financial services. As such, the poor struggle to survive, and to capture the interests of the banking industry to provide them with access to affordable financial services. Public-private financial inclusion initiatives have been insignificant or proven unsustainable to include the poor into the financial fabric of their domestic country. This is because financial inclusion initiatives have primarily been defined, and designed as a “social responsibility” by the government and the banking industry …

Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor

Journal of Comparative Urban Law and Policy

After apartheid was repealed in South Africa, the country’s system of forced segregation officially ended. Vestiges of racial discrimination remain, however, including spatial segregation in housing, income inequality, and huge disparities in the government’s provisioning of basic services. The poorest of South Africa’s citizens live in peripheral communities, far from city centers and employment hubs. The poorest communities often lack safe streets and safe toilets. Whereas wealthier South Africans are able to pay private policing companies to provide armed security, those in the poorest of communities must live with regular fear of violent crime. The problem is compounded by a …

Citizen's Co-Production Of Public Safety As A Symptom Of State Failure: The Case Of South African Vigilantism, Dawid Szescilo

Journal of Comparative Urban Law and Policy

The growing interest in co-production of public services reflects the need to liberate from the dichotomy between state and market provision. Whereas the concept of co-production is not new, it gained broader recognition among public administration scholars in recent years. What is characteristic for the academic discourse on this idea, is a strong focus on the benefits of co-production such as effectiveness, efficiency, responsiveness and quality of public services. This article provides more critical insight into co-production of public security by exploring the phenomenon of vigilantism in South Africa. The major aim of this article is to examine the major …

Gendered Lived Experiences In Urban Cape Town: Urban Infrastructure As Equal Opportunity, Social Justice, And Crime Prevention, Becky Jacobs

Journal of Comparative Urban Law and Policy

No abstract provided.

New Forms Of Inequality In Cape Town: A Comparative Economic And Legal Study To Defend The Right To Housing, Wellington Migliari

Journal of Comparative Urban Law and Policy

Inequality has been a topic in the core of many studies about urban development. Different theories contributed enormously to innovative reflections on the 2008 global financial crisis. However, the perverse economic practices on city construction and the housing issues remain. The aim of the present article is to show how far the right to housing in Cape Town has been affected by risky real estate investments. Unemployment rates, public money being involved in the property market and mortgage system for speculative purposes are some of the dependent variables that can shed light on these new urban forms of inequality in …

Affordable Housing, Zoning And The International Covenant On Economic, Social And Cultural Rights: Some Lessons From The Spanish And South African Experiences, Juli Ponce

Journal of Comparative Urban Law and Policy

No abstract provided.

Density, Affordable Housing And Social Inclusion: A Modest Proposal For Cape Town, Colin Crawford

Journal of Comparative Urban Law and Policy

No abstract provided.

The Concept Of Sustainable Development In The European Union Policy And Law, Maria Kenig-Witkowska

Journal of Comparative Urban Law and Policy

No abstract provided.

Equitable Access To Public Transport: Corridor Plans For Transit-Oriented Development In Soweto, South Africa And Boston, Massachusetts Compared, Janice Griffith

Journal of Comparative Urban Law and Policy

The article argues that municipalities should play a major role in ensuring equitable access to public transportation and in planning for transit-oriented development. It presents two case studies that illustrate the importance of these undertakings. In South Africa, apartheid spatial and racial segregation resulted in the exclusion of non-white residents from the urban core where the economy was centered. These residents, who were forced to live in a city’s outlying areas, experienced considerable difficulty in commuting to the workplace. To address the lack of transportation equity, the City of Johannesburg, with support from the national and provincial governments, embarked on …

A Comparative Consideration Of Development Charges In Cape Town, Colin Crawford, Julian Conrad Juergensmeyer

Journal of Comparative Urban Law and Policy

No abstract provided.

Reflections On Study Space Cape Town, Matthew Glasser

Journal of Comparative Urban Law and Policy

No abstract provided.

Introduction, Gordon Pirie

Journal of Comparative Urban Law and Policy

No abstract provided.

Introduction To The Journal Of Comparative Urban Law And Policy, Julian Conrad Juergensmeyer, Karen Johnston

Journal of Comparative Urban Law and Policy

No abstract provided.

State Regulation Of Oil And Gas Pools On State, Federal, Indian And Fee Lands, C. Gene Samberson

Natural Resources Journal

No abstract provided.

Richardson, Elmo R., The Politics Of Conservation: Crusades And Controversies, 1897-1913, Ernest A. Engelbert

Natural Resources Journal

No abstract provided.

Milner, J. B., Community Planning: A Casebook On Law And Administration, Ira Michael Heyman

Natural Resources Journal

No abstract provided.

Alternatives For Recovery Of Attorney's Fees In Environmental Litigation, Fritz Ledbetter

Natural Resources Journal

No abstract provided.