Land Use Law Commons^™

Neoliberal Land Conservation And Social Justice, Jessica Owley

Journal Articles

No abstract provided.

Who Should Protect The Forest: Conservation Easements In The Forest Legacy Program, Jessica Owley, Stephen J. Tulowiecki

Journal Articles

No abstract provided.

The Interpretation Of Surface Easements In Severance Deeds As A Limit On Hydraulic Fracturing Practices, Rachel Heron, Justin S. Duclos, Shaun A. Goho

Buffalo Environmental Law Journal

Hydraulic fracturing has driven a boom in natural gas production in the Marcellus Shale. While providing a growing source of domestic energy, this boom also raises signicant environmental concerns. Many of the impacts of hy draulic fracturing predominantly affect the inhabitants of the property where the drilling occurs. Yet when those inhabitants own only the surface estate, they have relatively little influence over whether and how the drilling occurs and will not profit from the gas extraction. This article provides a jurisdictional case stud4 set in West Virginia to assist in understanding the nuances relevant to an interpretation of the …

Between Huntley And Salem: The Current State Of Municipal Authority In Pennsylvania To Affect Gas Drilling Through Zoning, Dan Raichel

Buffalo Environmental Law Journal

This article examines the scope of Pennsylvania is preemption of municipal authority to zone natural gas drilling activities in light of two relatively recent Pennsylvania Supreme Court decisions interpreting the Pennsylvania Oil and Gas Act and its local ordinance preemption provision. Although these cases define outer boundaries of permissible municipal regulation along the spectrum uf/possible zoning controls - i.e. what types ofordinance provisions would be either definitively permitted or preempted - substantial questions remain as to what extent a municipality may use traditional zoning power to zone gas drilling activities. This paper explores those grey areas, and attempts to assess …

Anti-Sprawl Initiatives: How Complete Is The Convergence Of Environmental, Desegregationist And Fair Housing Interests?, Zoë Prebble

Buffalo Public Interest Law Journal

No abstract provided.

Conservation Easements And The Doctrine Of Changed Conditions: A Comparative Analysis Of The New York And Arkansas Statutes, Daniel P. Harvey

Buffalo Environmental Law Journal

No abstract provided.

I Want To Ride My Bicycle: Why And How Cities Plan For Bicycle Infrastructure, Ryan Seher

Buffalo Law Review

No abstract provided.

Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman

Journal Articles

No abstract provided.

Changing Property In A Changing World: A Call For The End Of Perpetual Conservation Easements, Jessica Owley

Journal Articles

Increasing environmental problems, including those associated with climate change, highlight the need for land conservation. Dissatisfaction with public methods of environmental protection has spurred conservationists to pursue private options. One of the most common private land conservation tools is the conservation easement. At first blush, this relatively new servitude appears to provide a creative method for achieving widespread conservation. Instead, however, conservation easements often fail to accommodate the reality of our current environmental problems. These perpetual (often private) agreements lack flexibility, making them inappropriate tools for environmental protection in the context of climate change and our evolving understanding of conservation …

Conservation Easements At The Climate Change Crossroads, Jessica Owley

Journal Articles

The essence of a conservation easement as a static perpetual restriction is coming to a head with the understanding that the world is a changing place. This demonstration is nowhere more dramatic than in the context of global climate change. In response to this conflict, users of conservation easements face the decision of either (1) changing conservation easement agreements to fit the landscape or (2) changing the landscape to fit the conservation easements. Both of these options present benefits and challenges in implementation. Where conservation easement holders’ ultimate goal is to keep a maximum number of acres under protection from …

The Enforceability Of Exacted Conservation Easements, Jessica Owley

Journal Articles

The use of exacted conservation easements is widespread. Yet, the study of the implications of their use has been minimal. Conservation easements are nonpossessory interests in land restricting a landowner’s ability to use her land in an otherwise permissible way, with the goal of yielding a conservation benefit. Exacted conservation easements arise in permitting contexts where, in exchange for a government benefit, landowners either create conservation easements on their own property or arrange for conservation easements on other land.

To explore the concern associated with the enforceability of exacted conservation easements in a concrete way, this article examines exacted conservation …

"Sighting" Wind Energy Facilities In Vermont: Finding The Right Balance Between Societal Benefits And Aesthetic Burden, Adam Sherwin

Buffalo Environmental Law Journal

No abstract provided.

Building Livable Places: The Importance Of Landscape In Urban Land Use, Planning, And Development, Adrienne Lyles-Chockley

Buffalo Environmental Law Journal

No abstract provided.

Ecosystem Co-Management Agreements: A Study Of Nation Building Or A Lesson On Erosion Of Tribal Sovereignty?, Marren Sanders

Buffalo Environmental Law Journal

No abstract provided.

Meas With Trade Measures And The Wto: Aiming Toward Sustainable Development?, Miguel A. Elizalde Carranza

Buffalo Environmental Law Journal

No abstract provided.

Governing Certain Things: The Regulation Of Street Trees In Four North American Cities, Irus Braverman

Journal Articles

Most sociolegal studies of the urban street focus on the human element. By focusing on the tree, my Article offers a unique perspective on the interrelations between various actors within the public spaces of modern North American cities. Situated at the intersection of legal geography, anthropology, and Science and Technology Studies, this Article demonstrates how natural artifacts function as technologies of governance, thereby masking crucial political interventions behind a natural facade. The tensions between nature and the city, as embedded in both the construction and the regulation of street trees, provide an unusual perspective on the management of urban populations …

Anti-Exclusionary Zoning In Pennsylvania: A Weapon For Developers, A Loss For Low-Income Pennsylvanians, Katrin Rowan

Journal Articles

No abstract provided.

The Uniform Registered State Land And Adverse Possession Reform Act, A Proposal For Reform Of The United States Real Property Law, Todd Barnet

Buffalo Environmental Law Journal

No abstract provided.

Beyond Zoning: Dynamic Land Use Planning In The Age Of Sprawl, Andrew Auchincloss Lundgren

Buffalo Environmental Law Journal

No abstract provided.

The Sword And The Shield: Rluipa And The New Battle Ground Of Religious Freedom, Kevin M. Powers

Buffalo Public Interest Law Journal

No abstract provided.

Reflexive Law As A Legal Paradigm For Sustainable Development, Sanford E. Gaines

Buffalo Environmental Law Journal

No abstract provided.

Sustainable Development And Air Quality: The Need To Replace Basic Technologies With Cleaner Alternatives, David M. Driesen

Buffalo Environmental Law Journal

No abstract provided.

Visions Of History In The Hope For Sustainable Development, David A. Westbrook

Buffalo Environmental Law Journal

No abstract provided.

Toward A National Sustainable Development Strategy, John C. Dernbach

Buffalo Environmental Law Journal

No abstract provided.

Revising State Recreational Use Statutes To Assist Private Property Owners And Providers Of Outdoor Recreational Activities, Terence J. Centner

Buffalo Environmental Law Journal

No abstract provided.

Nonprofit Organizations In Brownfields Redevelopment: Leveling The Playing BrownField, Ellen B. Sturm

Buffalo Environmental Law Journal

No abstract provided.

Co-Operating With The Neighbours: Regional Planning In Hamburg And Toronto, Patricia Petersen

Buffalo Law Review

No abstract provided.

Beyond The Urban-Suburban Dichotomy: A Discussion Of Sub-Regional Poverty Concentration, Georgette C. Poindexter

Buffalo Law Review

No abstract provided.

Incorporation Of "Private" Environmental Certification Systems In Formal Legal Systems: The U.S. Case., Errol E. Meidinger

Journal Articles

No abstract provided.

Human Rights, Environment & Community: A Workshop: Presentation By Joseph Hill, Joseph Hill

Buffalo Environmental Law Journal

No abstract provided.