Land Use Law Commons^™

Cities As International Legal Authorities - Remarks On Recent Developments And Possible Future Trends Of Research, Helmut Aust

Journal of Comparative Urban Law and Policy

No abstract provided.

Pandemic Planning, Dwight Merriam

Journal of Comparative Urban Law and Policy

No abstract provided.

Florida’S Growth Management Odyssey: Revolution, Evolution, Devolution, Resolution, Robert M. Rhodes

Journal of Comparative Urban Law and Policy

No abstract provided.

Retrenchment And Demise Of State Growth Management Programs, Jerry Weitz

Journal of Comparative Urban Law and Policy

No abstract provided.

It's Been A Long Time Coming: A Short Manifesto For Urgently Needed Change In Land Use Law & Regulation, Colin Crawford

Journal of Comparative Urban Law and Policy

No abstract provided.

Professor Julian Conrad Juergensmeyer's "Impact": Scholarly, Theoretical, And Practical, Becky Jacobs

Journal of Comparative Urban Law and Policy

No abstract provided.

Tribute To Julian Conrad Juergensmeyer By James Nicholas, James Nicholas

Journal of Comparative Urban Law and Policy

No abstract provided.

Julian Conrad Juergensmeyer: Emeritus Jurist And Exemplary Generosity, Paulo Leme Machado

Journal of Comparative Urban Law and Policy

No abstract provided.

Tribute To Julian Conrad Juergensmeyer By Maryse Grandbois, Maryse Grandbois

Journal of Comparative Urban Law and Policy

No abstract provided.

Julian Conrad Juergensmeyer: Teacher, Lawyer, And Scholar - Vignettes For Our Times And All Times, John Travis Marshall

Journal of Comparative Urban Law and Policy

No abstract provided.

Tribute To Julian Conrad Juergensmeyer By Jim Bross, James Bross

Journal of Comparative Urban Law and Policy

No abstract provided.

Julian Conrad Juergensmeyer - Remarks On Behalf Of Georgia State University College Of Law, Leslie E. Wolf

Journal of Comparative Urban Law and Policy

No abstract provided.

Introduction To Festschrift Ii, Karen Johnston

Journal of Comparative Urban Law and Policy

No abstract provided.

Analysis Of Environmental Law Scholarship 2018-2019, Michael P. Vandenbergh, Courtney A. Tibbetts, Linda K. Breggin, Elizabeth A. Holden

Vanderbilt Law School Faculty Publications

The purpose of this article is to highlight the results of the ELPAR article selection process and to report on the environmental legal scholarship for the 2018-2019 academic year, including the number of environmental law articles published in general law reviews versus environmental law journals, and the topics covered in the articles. We also present the top 20 articles that met ELPAR's criteria of persuasiveness, impact, feasibility, and creativity, from which five articles were selected to republish in shortened form, some of them with commentaries from leading practitioners and policymakers. Thus, the goal of this article is to provide an …

Environmental Federalism As Forum Shopping, Cale Jaffe

William & Mary Environmental Law and Policy Review

Public policy advocates of all stripes—litigators, politicians, or newspaper columnists—invoke principles of federalism when they are imploring Congress to respect limits imposed by Article I, and when they are insisting that a state legislature accede to the supremacy of a duly enacted national law, invoking Article VI. Yet historically, application of the term, “federalism,” at least in the context of environmental law, has been driven far more by pragmatic considerations than constitutional ones.

This pragmatic approach should not be surprising because, at its core, federalism simply asks what is the right level of government to solve a given problem. After …

Amici Curiae Brief Of The International Municipal Lawyers Association And Legal Scholars In Support Of Defendants-Appellees In Portland Pipe Line Corporation, Et Al. V. City Of South Portland, Et Al., Sarah J. Fox, Sara C. Bronin, Nestor M. Davidson, Keith H. Hirokawa, Ashira Pelman Ostrow, Dave Owen, Laurie Reynolds, Jonathan D. Rosenbloom, Sarah Schindler

Sturm College of Law: Faculty Scholarship

This brief to the Maine Supreme Judicial Court was filed in support of the City of South Portland by the Amici Curiae, including the International Municipal Lawyers Association and legal scholars, to provide the Court with a background on the role of local governments in land use planning, and to explain why the City of South Portland’s Clear Skies Ordinance falls easily within the City’s authority and was not preempted by state legislation.

After studying the potential for bulk loading of crude oil within its boundaries, the City of South Portland concluded that the infrastructure requirements and environmental impacts of …

Incorporating Free, Prior And Informed Consent (Fpic) Into Investment Approval Processes, Kelly Dudine, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

Investment approval processes are the gateway through which governments set the agenda for their country’s investment environment. Yet too often these processes fail to incorporate meaningful requirements regarding participation in decision-making by Indigenous and other affected communities, increasing the risk of under-performing and conflict-ridden investments.

Enabling meaningful participation by rights holders and obtaining and maintaining their Free, Prior and Informed Consent (FPIC) throughout different investment approval processes can help governments to fulfill their legal obligations, mitigate financial and political risk, and, ultimately, attract more sustainable land-based investments.

Featuring concrete guidance and drawing on case studies from Kenya, Liberia, Mexico, Peru, …

Don’T Throw Caution To The Wind: In The Green Energy Transition, Not All Critical Minerals Will Be Goldmines, Perrine Toledano, Martin Dietrich Brauch, Solina Kennedy, Howard Mann

Columbia Center on Sustainable Investment Staff Publications

The green energy transition will be exceedingly mineral intensive. Manufacturing solar panels, wind turbine and batteries to power cleaner energies is set to significantly increase the demand for co-called “critical” minerals. Such a forecast prompts high expectations in mineral-rich countries and suggests promising opportunities for developing countries.

However, the projects to increase the primary extraction of critical minerals rest on bullish forecasts and uncertain terrain due to a number of factors explored in the paper that threaten to leave these investments obsolete and economically stranded.

Governments, international actors, and mining advocates seeking to optimize the value of green energy mineral …

Submission To Bonsucro Re Production Standard V5 (2019-21), Nami Patel, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

In July 2020, CCSI made a formal submission to Bonsucro, an international multi-stakeholder initiative and certification scheme concerned with promoting sustainable sugar cane production. The submission formed part of consultations for Bonsucro’s draft Production Standard version 5. CCSI’s submission focused on challenges associated with implementing, and auditing for compliance with, three aspects of Bonsucro’s draft standard, namely:

• Obtaining the free, prior and informed consent (FPIC) of Indigenous and traditional communities when establishing or expanding sugar production operations
• Implementing transparent and participatory processes to assess, monitor, and evaluate the environmental and social impacts of new and existing projects; and
• Establishing accessible …

The Incidental Environmental Agency, Tara K. Righetti

Utah Law Review

State oil and gas conservation agencies are the gatekeepers to oil and gas development: as the agencies charged with granting drilling permits, they decide if, when, where, and how oil and gas will be developed. As such, oil and gas conservation agencies sit on the front lines in the emerging, and increasingly irresolvable, struggle between fossil energy development and the environment. Current oil and gas conservation regulation is designed to promote development, maximize recovery of the resource, and protect the individual property rights of mineral owners. However, advocacy by environmental constituencies, including surface owners and local governments, has challenged the …

Session 6: Innovating The Built Environment Post-Covid-19, Marc Palatucci, Richard Lyall, Timothy Harris, Steven Bender, Peter Smirniotopoulos, Ryan Mathesin

SITIE Symposiums

ABSTRACT: Innovating the Built Environment for a Post-COVID-19 World

It would seem an act of academic malpractice to teach a course titled Innovating the Built Environment: How the Law Responds to Disruptive Change, and host an all-day symposium as an integral part of that course, and not endeavor to address the most-disruptive thing to happen to the built environment in more than 100 years: The coronavirus pandemic. This "disruption" to real estate is the proverbial elephant in the room. Hopefully, it will maintain a minimum six-foot distance from others as we address how it impacts the four Special Topics …

Session 5: Real Estate Tokenization, Joseph Vincent, Steven Bender, Peter Smirniotopoulos

SITIE Symposiums

ABSTRACT: Is “tokenization” the next great leap forward needed to make homeownership more appealing to Millennials and Gen Z’s?

If single-family homeownership and time-sharing had a love child, what would it look like? Is it possible to adapt successful models for office sharing to homeownership so renters who lament not owning an appreciating asset could have a stake in “something” while not being tied down to one specific residential structure or a single geographic location, to make homeownership more attractive to younger generations? And, if so, does blockchain technology hold the key (pun intended) to fractional ownerships in real …

Session 4: Atlanta Beltline, Art Lansing, Rob Turner, Jim Langford, Kristen Lohse, Claire Martini

SITIE Symposiums

ABSTRACT: What Would it Take to Connect All of Greater Seattle’s Neighborhoods with Walking and Biking Trails?

Major U.S. cities have endeavored, independently of each other, over the past several decades to create greenway systems connecting residents and visitors with neighborhoods and attractions, increasing opportunities for walking and biking and reducing their reliance on vehicular traffic. Atlanta’s BeltLine--a twenty-two-mile loop of historic railroad right-of-ways encircling the city’s downtown and midtown areas, seeks to reinvent the city if transformed into a green corridor—is perhaps one of the best examples of how a Seattle Greenway might be accomplished (although Atlanta’s concerted …

Session 3: Virtual Luncheon Session, Student Submissions

SITIE Symposiums

A Working Lunch brainstorming discussion, moderated by Professor Smirniotopoulos, to discuss “What Comes Next?” in the context of Innovating the Built Environment: How the Law Responds to Disruptive Change.

Registered students in Prof. Smirniotopoulos’s Innovating the Built Environment course will take one-to-two minutes each to present their initial project ideas for their Final Projects in the course, as well as outlining and moderating a discussion of the Challenges and Opportunities presented by their ideas. Symposium participants are encouraged to set up lunch in front of their computers and participate actively in discussing each student’s project idea, providing relevant …

Session 2: Wework, Ryan Mathisen, Peter Smirniotopoulos, Paul Swegle

SITIE Symposiums

ABSTRACT: When Worlds Collide: How an 86-Year Old Federal Law (The Securities Act of 1933) Exposed the Flaws in WeWork’s “Innovative Business Model.”

Co-working pioneer WeWork, a wholly owned subsidiary of The We Company, grew meteorically through an extremely aggressive building and master-lease acquisition strategy over the past several years. Substantial, early stage funding from SoftBank, a Japan-based high-tech venture capital investment bank, reinforced WeWork’s unicorn status. But was WeWork’s business model truly unique, bringing with it the promise of a very profitable real estate operating company in the future? Or was it the company’s early stage, venture …

Session 1: Crew Seattle Presentation, Emily Alvarado, Jeanne Marie Coronado, Tory Laughlin Taylor, Colin Morgan-Cross

SITIE Symposiums

ABSTRACT: Is there Still a Place in Seattle for the Single-Family Detached Housing Typology, Given the Acute Need for Affordable Housing?

This expert panel will explore the intersection between existing zoning laws and well-established neighborhood patterns of development, on the one hand, and the acute need for the increased production and availability of affordable housing, in the greater Seattle area, including in and near the City of Seattle’s Central Business District, as well as other close-in employment centers, on the other hand. The genesis of this Special Topic in the Innovating the Built Environment SITIE2020 course came out of …

Opening Session, Annette Clark, Steven Bender, Peter Smirniotopoulos

SITIE Symposiums

The SITIE2020 Symposium: Innovating the Built Environment was offered entirely online, through the Zoom platform. Each of six (6) symposium sessions, outlined below, were offered in a continuous Zoom session with breaks throughout the day, allowing our audience to select those sessions of greatest interest to them. Students enrolled in Professor Smirniotopoulos’s Summer Institute course—Innovating the Built Environment: How the Law Responds to Disruptive Change—participated all day.

Proceedings Of The Sitie2020 Symposium, Seattle Journal Of Technology, Environmental, And Innovation Law

SITIE Symposiums

Complete Summary of Proceedings.

Mechanisms For Consultation And Free, Prior And Informed Consent In The Negotiation Of Investment Contracts, Sam Szoke-Burke, Kaitlin Y. Cordes

Columbia Center on Sustainable Investment Staff Publications

Investor-state contracts are regularly used in low-and middle-income countries to grant concessions for land-based and natural resource investments, such as agricultural, extractive industry, forestry, or renewable energy projects. These contracts are rarely negotiated in the presence of, or with meaningful input from, the people who risk being adversely affected by the project. This practice will usually risk violating requirements for meaningful consultation, and, where applicable, free, prior and informed consent (FPIC), and is particularly concerning when the investor-state contract gives the investor company rights to lands or resources over which local communities have legitimate claims.

This article explores how consultation …

Best Practices In Data Driven Development Planning In Mining Regions, Nicolas Maennling, Josefina Correa

Columbia Center on Sustainable Investment Staff Publications

Strategic development planning has long been used by private and public sectors to guide actions that will lead to a determined goal in the medium- to long-term. The SDG framework has helped to create a common language of what development means, what the global objectives are by 2030, and how progress can be measured. With the world entering an era in which data is generated and used at an unprecedented scale, data and ICT systems should be used to better inform policy decision making and help evaluate progress to hold stakeholders accountable to their promises and performance. This report outlines …