Land Use Law Commons^™

Making Noise Through Law: Indigenous Legal Mobilisation Against A Power Plant In “French” Guiana, Pierre Auzerau

Tipití: Journal of the Society for the Anthropology of Lowland South America

In so-called “French” Guiana, or Guyane, the Kali’na village of Atopo Wipi has fought for years against a hydrogen power plant being built on their land. Drawing on ethnographic fieldwork conducted between 2023 and 2024 in Guyane and Western Europe, where I collaborated with various stakeholders to support Atopo Wipi’s resistance to the power plant, my research focuses on the legal dimensions of the Kali’na’s struggle to protect their land. Specifically, this article examines how the Kali’na navigated different normative frameworks, including international human rights standards and French law, to fight the project. Through this analysis, I show how the …

Land Use And Sovereignty Along The Catawba River, Thomas C. Brugh, Lucile C. Rencher

Student Scholarship

This document-based case study explains how land-use change along the Catawba River Corridor (Lancaster and York Counties, South Carolina) has been produced through the interaction of property rights (dominium) and rule-setting authority (imperium), showing why sovereignty continues to shape development even after land disputes appear “settled.” Through analyzing legal records (Treaty of Nation Ford, the 1959 Catawba Division of Assets Act, the 1986 Supreme Court timing decision, and the 1993 Settlement Act), planning documents, parcel records, and field observations, we trace how shifting jurisdiction and title certainty structured what kinds of land uses were possible and when. We argue that …

Powering The Machine, Draining The Planet: Whether U.S. Environmental Law Is Equipped To Regulate The Energy And Water Demands Of Ai Data Centers, Michael Marcu

Journal of Earth and Life Science

Artificial intelligence (AI) data centers have become one of the United States' fastest-growing and least-regulated sources of environmental stress. In 2024 alone, U.S. data centers consumed 183 terawatt-hours (TWh) of electricity more than the entire nation of Pakistan and consumed an estimated 17 billion gallons of water (IEA, 2025; Berkeley Lab, 2024). By 2030, electricity demand from these facilities is projected to reach 426 TWh, a 133% increase in six years (Pew Research Center, 2025). This paper examines whether the existing U.S. environmental regulatory framework put by the National Environmental Policy Act (NEPA), the Clean Water Act (CWA), and the …

Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray

Journal of Humanities and Social Sciences

The current study investigates the relationship between noun classes and plant folk taxonomy in Chasu (G 22). The study focuses on two objectives: the first objective is to describe the plant folk taxonomy in Chasu and the second objective is to determine the relationship between noun classes and plant folk taxonomy in Chasu. Data were collected from rural villages in Same and Mwanga districts by using free listing, field interviews (jungle-walk-and-identify), and written texts containing Chasu plant names. The findings reveal that Chasu folk taxonomy reflects different ethnobotanical categories; including a unique beginner which is mmea/mimea ‘plant(s)’, and three life …

More Than Words: Using Land Use Rules To Fight Climate Destruction, Edward Sullivan

Journal of Comparative Urban Law and Policy

It is now unlikely that meaningful federal legislation on climate destruction will be advanced in a second Trump administration. If “no action” is the alternative for the federal government, it will be up to the states to develop measures to counteract this challenge. These measures — in response to a trend in Supreme Court rulings that restrict or deny federal environmental action without explicit congressional approval – could include, among other things, new air and water quality standards, fishing restrictions, and changes to water allocations in our rivers. Yet these potential changes may be themselves limited by federal actions that …

Grievance Redress Mechanisms For Commons: Evaluating The Design And Effectiveness Of Public Land Protection Cells In Rajasthan, India, Pooja Chandran

Journal of Law and Public Policy

Encroachment on common land represents a significant governance challenge in India. Weak institutions, irregular enforcement, and power imbalances often leave marginalised communities more vulnerable to eviction than others. This article examines the design and effectiveness of Public Land Protection Cells (PLPCs)—a judicially mandated grievance redressal mechanism in Rajasthan—in addressing common land encroachment disputes. Drawing on an analysis of cases before the Rajasthan High Court, field observations, and stakeholder interviews, it evaluates how PLPCs address enforcement gaps and promote accountability. Using the United Nations Guiding Principles 31 as a foundation, the article develops a contextualised framework to assess PLPCs to highlight …

Strategic Development Plan – San Pedro Dr. Main Street Corridor, Adrian N. Carver

Student Publications

The San Pedro MainStreet Strategic Development Plan is a place-based, community-driven roadmap for revitalizing the San Pedro Drive corridor in Albuquerque, New Mexico. The corridor sits at the intersection of historical significance and present-day opportunity—bridging the old and new alignments of Route 66 while serving a diverse, working-class population. Drawing from urban planning theory, spatial analysis, and community input, this plan identifies challenges and assets related to land use, infrastructure, business development, housing, and cultural identity. Special attention is given to past and ongoing patterns of racialized disinvestment and displacement, with strategies proposed to ensure equitable reinvestment and climate resilience. …

Puerto Rico's Coast: Preservation Through Positive Obligations On Property Owners And The State In The Context Of Climate Change, Jaime Villeta-Garcia

Journal of Comparative Urban Law and Policy

The rise in sea level, the obvious rampant coastal erosion and the uncertain future due to climate change urge the need to rethink the coast, through property and administrative law. The security of life, property and the fair and orderly use of the ultra-valuable resources that is the coast depend on a new concept for properties in the coastal zone and its effective execution by a conscious and responsible State. Centered on the community of Ocean Park in San Juan, Puerto Rico, it’s no longer a question of whether coastal property rights can contribute to safeguarding the coast, but rather …

Introduction, Karen Johnston

Journal of Comparative Urban Law and Policy

This article provides an introduction to the Journal of Comparative Urban Law & Policy, the Study Space Program offered by Georgia State University College of Law, and the articles resulting from the Study Space Rio de Janeiro Program held in June 2024.

Recent U.S. Government Policy Literature On Critical And Strategic Minerals, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Critical and strategic minerals have become increasingly important in U.S. government civilian and military policymaking in recent years. This is demonstrated by the heavy use of such minerals in many critical civilian and military infrastructures. This work will discuss how this subject has been addressed in laws, presidential documents, and works by government agencies along with congressional oversight committees and support agencies. It will stress how the United States is heavily dependent on strategic minerals from adversarial foreign countries such as China and will examine U.S. efforts to increase its ability to produce such materials in the United States by …

Stars, Stripes, And Pills: The Stock Narratives That Blind, Michelle Wilde Anderson

West Virginia Law Review

No abstract provided.

Hillbilly Resurrection: A Response To Reviving Rural America, Jesse J. Richardson Jr.

West Virginia Law Review

No abstract provided.

Beyond The Suburban Ideal: Addressing Southern California’S Strained Affordable Housing Market Through Density Bonus Programs, Alissa Larue

School of Public Policy Capstones

This study examines how expanding Accessory Dwelling Units (ADUs) could serve as an effective policy solution to address the housing affordability crisis. In San Diego, a Bonus Program has been implemented to incentivize the construction of affordable ADUs by relaxing burdensome regulations. A Differences-in-Differences approach using two-way fixed effects is employed to evaluate the program's effectiveness in promoting ADU development, using city-level data from San Diego and Los Angeles counties. ADU permit applications serve as a key indicator of policy impact. The findings strongly suggest that the Bonus Program influenced increasing ADU permit applications in San Diego. Because the model …

Statutes And Special Interests, Kirsten Matoy Carlson

Northwestern University Law Review

Who really decides what statutes say? Most Americans think that special interests play an outsized role in our lawmaking processes. Yet empirical studies have produced little evidence that special interests get everything, or even most of, what they ask for from Congress. This Article takes an innovative new approach to tackling the difficult question of how advocates influence legislation. It presents the first comprehensive empirical study of how advocates influence the law through amendments in the legislative process. The Article analyzes an original dataset of 2,137 witnesses and their testimony at referral hearings on 108 Indian-related bills in the 97th …

Taking Back Control: Using The Takings Clause To Hold Animal Agriculture Responsible For Its Waste Problem, Rowan Aragon

Northwestern University Law Review

Between the mid-twentieth century and modern day, the animal-agriculture model has shifted from small farms to industrial operations. During that evolution, the negative externalities of animal-farming practices have intensified. One of those externalities—animal waste—has become particularly problematic. Because of the sheer number of animals raised in the United States for slaughter and dairy production, the magnitude of animal waste produced is overwhelming. To deal with this problem, animal farmers often liquefy the animal waste and then spray it onto open fields. In that spraying process, liquefied animal waste carries through the air and reaches nearby homes, coating those properties with …

Identifying Intangible And Biocultural Heritage Elements Toward Environmental Understanding: Engaging Stakeholders Through Art, Martha B. Lerski

Publications and Research

Grounded in a case study in Barbuda in the Caribbean, this research examines sustainability from the perspective of what arts and heritage can contribute to community engagement and local and broader understandings about the environment. This article documents a growing body of literature recognizing the role of arts and culture, including local knowledge and traditional ecological knowledge (TEK), in climate change endeavors. Art and TEK present expansive world views. Contextual information situates research done on the island of Barbuda pre- and post-Hurricane Irma. Visual arts workshops engaged community members in mixed methods research. Results documented cultural elements, particularly intangible and …

The Effectiveness Of The Minnesota Buffer Law And Its Impacts On People, Ellen P. Isakson

Journal of Earth and Life Science

In January 2015, the then-governor of Minnesota Mark Dayton announced new legislation that would require 50-foot vegetation buffers along all waterways in Minnesota; this legislation would come to be known as the Minnesota buffer law, exact requirements being “perennial vegetative buffers of up to 50 feet along lakes, rivers, and streams and buffers of 16.5 feet along ditches” (Albert, 2017; MN Board of Water and Soil Resources [MN BWSR] 4 ). A buffer in the context of vegetation and natural resource management is a strip of vegetation around a body of water “designed to intercept stormwater runoff and minimize soil …

The Law Of Energy Abundance, Alexandra B. Klass, Matthew Appel

Articles

For the first time in decades, electricity demand in the United States is increasing due to the growth of data centers to power artificial intelligence, new manufacturing hubs, and transportation electrification. At the same time, coalfired power plants have been closing in response to competition from lower cost natural gas and renewable energy. Clean energy is being rapidly deployed to replace fossil fuels but not quickly enough to address concerns about demand growth and grid reliability. Accordingly, there is a growing imbalance between electricity supply and demand in many regions of the country that threatens to increase electricity prices and …

(Un)Worlding With Karipuna’S Shadowy Alliances: The Mirangã And The Isolados, Hanmin Kin

Tipití: Journal of the Society for the Anthropology of Lowland South America

This ethnographically inspired article investigates the ways in which the Karipuna Indigenous people in Rondônia defend their land in the Western Brazilian Amazon against forces of deforestation and dispossession. I focus on the Karipuna’s plurivalent and collective forest spirits called the mirangã, through life experience accounts of two survivors from the “pre-contact” era who embody the Karipuna-mirangã connection. Through an analysis of the onto-epistemological entanglements in which the mirangã and my interlocutors are situated, I articulate another front of the Karipuna’s multi-faceted resistance: the struggle of worlding vis-à-vis the non-indigenous world. This process also reveals the association (from …

Repurposed Energy, Alexandra B. Klass, Hannah Wiseman

Articles

Wildfires, weather extremes, and other conditions induced partially by climate change add urgency to the project of accelerating the clean energy transition from fossil fuels to zero-carbon energy infrastructure. Yet the hurdles to accomplishing such a massive industrial-scale transition are daunting. Indeed, large renewable energy generation projects regularly face denials or project-killing delays across the United States. This Article proposes a national policy to channel the bulk of new clean energy projects to targeted categories of both rural lands and urban, post-industrial lands that we define collectively as “repurposed energy” sites. Such lands will consist of marginal farmland, abandoned coal …

Heirs Property And The Necessary Role Of Extension In Preventing Land Loss Through Partitioning, Kurt Smith

Journal of Extension

Land loss in the United States continues to be a threat to our inventory of natural resources. The problem of co-tenancy or heirs’ property is a particular and persistent problem throughout the United States leading to fragmentation of property, and the complete loss of forest and farmland. Maintaining enough forest and farmland is essential to local, regional, and international economies. Much can be done to ameliorate the problem through education about the value of successional planning and the requirements of your state regarding the legal practice known as partitioning.

Transforming Grassland Conservation: Challenges And Opportunities Across Law, Policy, And Human Dimensions, Conor D. Barnes

Dissertations and Doctoral Documents, University of Nebraska-Lincoln, 2023–

Great Plains social-ecological systems are facing growing pressure from complex, ‘wicked’ problems. Addressing these problems will require integrating ecological resilience and complex systems thinking concepts into our legal framework in order to better reflect the changing ecological reality of the Great Plains and promote flexibility and adaptability in the face of that change. In this dissertation, I examine how past and present policy priorities have affected social-ecological systems on the Great Plains, and how ecological resilience and complex systems thinking might be applied to grassland management policy. In Chapter 2, I examine the rapid progress made in the adoption of …

Chillerton Group Limited V Konkola Mineral Resources Limited And Konkola Copper Mines Plc Appeal No. 215/2023, Mwaba Chileya Mulenga

SAIPAR Case Review

This case highlights the legal complexity between surface rights holders and mining rights holders over the same land area. The Court of Appeal had an opportunity to address an important issue which is the relationship between these conflicting property rights, in a way that could clarify the interpretation of the Mines and Minerals Act with regards to surface rights law. However, it missed the chance to address the full scope of this tension, particularly the notion of ‘correlative rights’ between mining and surface rights holders. In this judgment, the Court maintained that surface rights disputes should be resolved under land …

Governance And Islam In East Africa: Muslims And The State In Kenya And Tanzania, Farouk Topan, Kai Kresse, Erin E. Stiles, Hassan Mwakimako

Exploring Muslim Contexts

Explores the relationship between Muslim communities and the State in East Africa in political, institutional and legal contexts

• Focuses on the relationship between Muslims and the State in Kenya and Tanzania
• Asks which factors, both within and outside the Muslim community, shape and affect this relationship in contemporary times
• Presents 13 case studies exploring governance issues within and across the categories of politics, institutions and law in Kenya and Tanzania
• Identifies cross-cutting issues of governance and Muslim communities which are relevant beyond East Africa

Recent studies of Muslims in Kenya and Tanzania have tended either to examine governance of Muslims …

The Dark Side Of The Balloon: Restrictions On Foreign Investment In U.S. Farmland, Sarah Everhart

Journal of Food Law & Policy

This Article argues that if legislators truly want to strengthen our food system, they should shift their focus from preventing foreign investment in farmland to supporting domestic investment in farmland. According to the National Young Farmer Survey, finding affordable land to buy is the top challenge for young farmers. This Article begins with examining the history of restricting foreign ownership of U.S. farmland. This Article also explores the current landscape of foreign investment in U.S. farmland and the perceived threat associated with this investment. The Article also examines the current renewed interest in preventing foreign landholding and what has happened …

Biophilic Design And Biophilic Cities: An Explainer, Kincaid Brown

Law Librarian Scholarship

The COVID-19 pandemic brought into focus that outdoor activities in natural settings have a positive impact on mental health, and individuals participating in outdoor activity report higher rates of emotional well-being than individuals who do not participate in such activity. Biophilic design is an architectural practice that aims to connect people to nature through design concepts with one of the benefits being psychological. Other benefits of biophilic design include improvements to environmental quality, physical health, support of animal species and habitats, and more resilient and energy-efficient cities.

A Graphic Novel About Housing Policy, Michael Lewyn

Scholarly Works

A review of Build, Baby, Build by Bryan Caplan

Speaking For The States: A Response To The Proposal Of Subnational Forest Federalization, Joseph White

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Green Amendments Land Use And Transportation: What Could Go Wrong?, Michael Lewyn

Scholarly Works

Numerous states have amended their constitutions to include a green amendment (that is, an amendment providing that the state's citizens have a right to a healthy environment). Unfortunately, the vagueness of these amendments leaves an enormous amount of interpretative power to courts. This article examines how some courts have interpreted green amendments and how these interpretations risk the misuse of green amendments. Additionally, this article examines how such misuse may be avoided.

Yes, Low-Income People Do Move, Michael Lewyn

Scholarly Works

One answer to the American housing affordability crisis is for municipalities to allow more housing to be built. Some argue, however, that new housing does not benefit people who seek to remain in their current residence, and that this group is disproportionately poor and/or minority. This article critiques the latter view, pointing out that lower-income households are actually more likely to move because of financial instability.