Land Use Law Commons^™

Slides: Unquenchable, Robert Glennon

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Robert Glennon, Morris K. Udall Professor of Law and Public Policy, James E. Rogers College of Law, University of Arizona

56 slides

Slides: Climate Change And The Death Of Stationarity: A New Era For Western Water?, Stephen T. Gray

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Steven T. Gray, Wyoming State Climatologist, University of Wyoming, Laramie, WY

48 slides

Slides: Finding Flows: Fish Still Need Water Everyday, Melinda Kassen

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Melinda Kassen, Director of the Western Water Project, Trout Unlimited

12 slides

Slides: Oil Shale Water Use: Upsetting The Apple-Cart Of River Habitat, Irrigation And Existing Water Rights?, Bart Miller

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Bart Miller, Western Resource Advocates, Boulder, CO

13 slides

Slides: Rapanos And The Courts: Navigating Through The Fog, Jim Murphy

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Jim Murphy, Wetlands and Water Resources Counsel, National Wildlife Federation, VT

25 slides

Slides: Integrated Policy, Planning, And Management Of Water Resources, Robert Wilkinson

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Robert Wilkinson, Ph.D., Director of the Water Policy Program, Donald Bren School of Environmental Science and Management, University of California-- Santa Barbara

60 slides

Slides: Agricultural Resilience And Urban Growth: A Closer Look, William R. Travis

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: William R. Travis, Department of Geography, Center for Science & Technology Policy Research, CIRES, University of Colorado at Boulder

30 slides

Cityland – Vol. 6, No. 4, Center For New York City Law

CityLand - 2009

The May 2009 issue of CityLand highlights significant land use and legal developments in New York City. The City Council approved revisions to waterfront access regulations and adopted new bicycle parking requirements for a wide range of developments. The North Flushing rezoning and the creation of the R1-2A contextual zoning district were approved to curb out-of-scale development, while the Cord Meyer rezoning was proposed to preserve neighborhood character. BSA decisions included a variance for affordable housing in Crotona Park East and vested rights approval for a transient hotel in Laurelton. Landmark coverage featured a controversial legalization request for an illegal …

Greening Historic Dc: Challenges And Opportunities To Incorporate Historic Preservation Into The District's Drive For Sustainable Development, Andrew Stein

Georgetown Law Historic Preservation Papers Series

This paper focuses primarily on the District of Columbia, a city with a robust past and a bold agenda for a sustainable future. However, it may not be obvious why historic preservation - a movement typically concerned with aesthetics - can play an integral role in a city's sustainability initiative. Therefore, this paper first sets forth the basic argument why historic preservation can be a tool to promote sustainable development. Part II examines the scientific data indicating that historic preservation is a green building practice. Next, Part III posits that investment in historic districts is an investment in sustainability. Then, …

Steps To Flow Restoration: Lessons From The Northwest, Reed D. Benson

Publications

No abstract provided.

The Pragmatics Of Allocating Water For Stream Flows, Steve Harris

Publications

No abstract provided.

Ecological Flows In New Mexico - It Has Been Done, Adrian Oglesby

Publications

No abstract provided.

New Mexico Wildlife Conservation Act: Cooperative Action For Native Species Recovery, Stephanie Carman, David Propst

Publications

No abstract provided.

Local Governments Weigh Green Building Standards, John R. Nolon, Jennie C. Nolon

Elisabeth Haub School of Law Faculty Publications

Through New York state legislation, localities are afforded broad authority adopt green building standards that reach beyond those imposed by state law. As localities begin to undertake the challenge of implementing green building initiatives, many legal questions arise. This article examines several instances of green local action and provides examples of successful local projects, as well as local mistakes. The municipalities mentioned include a broad spectrum of communities, from small municipalities such as Mount Kisko, to some of the larger cities in the state such as New York City and Syracuse.

Cityland – Vol. 6, No. 3, Center For New York City Law

CityLand - 2009

The April 2009 issue of CityLand covers a wide range of land use, zoning, and preservation developments in New York City. Highlights include the City Council’s approval of the Battery Maritime Building redevelopment, including a boutique hotel addition, and the rezoning of North Corona and Forest Hills to curb out-of-character development. The Council also approved Toll Brothers’ Gowanus Canal waterfront project despite concerns over affordable housing guarantees. The City Planning Commission modified parking requirements for a Clinton development and approved a text amendment for Hudson Yards to facilitate residential construction. Landmark actions include approval of St. Vincent’s revised hospital design …

Survey Of Local Government Green Building Incentive Programs For Private Development, Anne Marie Pippin

Land Use Clinic

This paper focuses on private development incentives, and surveys the policies and ordinances that local governments around the country have utilized to provide incentives for private developers to build green, sustainable buildings. Georgia’s existing green building programs are then briefly discussed, and, in conclusion, suggestions are made for local programs moving forward.

Tdr Citizens Guidebook, Meghan Ryan, Wes Rochester, Laura Ingram

Land Use Clinic

The purpose of this guidebook is to provide information about transferable development rights (TDR) for communities considering adoption of a TDR program. This book defines the basic elements of TDR and explains how these programs can be used to balance the competing goals of land preservation and development. It is designed to prepare communities to get involved with their local planning process and shape TDR programs to best fit their needs.

Do 'Off-Site' Adult Businesses Have Secondary Effects? Legal Doctrine, Social Theory, And Empirical Evidence, Alan Weinstein, Richard D. Mccleary

Law Faculty Articles and Essays

Recent federal court decisions appear to limit the ability of cities to mitigate the ambient crime risks associated with adult entertainment businesses. In one instance, a court has assumed that criminological theories do not apply to “off-site” adult businesses. After developing the legal doctrine of secondary effects, we demonstrate that the prevailing criminological theory applies to all adult business models. To corroborate the theory, we report the results of a before/after quasi-experiment for an off-site adult business. When an off-site adult business opens, ambient crime risk doubles compared to a control area. As theory predicts, moreover, ambient victimization risk is …

Putting A Stop To Sprawl: State Intervention As A Tool For Growth Management, Lesley R. Attkisson

Vanderbilt Law Review

"Sprawl is America's most lethal disease." Although such a statement appears exaggerated upon first consideration, both the scope of urban sprawl and its attendant consequences support the suggestion that sprawl threatens the vitality of the United States. For example, in California, sprawl has reached such a dangerous level that one of the nation's largest banks publicly warned of the potential devastation: "Sprawl has created enormous costs that California can no longer afford. Ironically, unchecked sprawl has shifted from an engine of California's growth to a force that now threatens to inhibit growth and degrade the quality of our life." The …

Modernization Of New York's Land Use Laws Continues To Meet Growing Challenges Of Sustainability, Patricia E. Salkin, Jessica A. Bacher

Pace Law Review

No abstract provided.

Cityland – Vol. 6, No. 2, Center For New York City Law

CityLand - 2009

The March 2009 issue of CityLand covers a wide range of land use, zoning, and preservation developments in New York City. Highlights include the City Council’s approval of the Gateway Shopping Center in East New York and the Phipps Houses affordable housing project in Kips Bay. The issue also reports on the establishment of the Bed-Stuy Gateway BID and the modification of the North Corona rezoning to support local businesses. The City Planning Commission reviewed Two Trees’ Clinton Park development and proposed bicycle parking regulations. Landmark actions include the designation of Chase Manhattan Plaza and the Alice and Agate Courts …

Cityland – Vol. 6, No. 1, Center For New York City Law

CityLand - 2009

The February 2009 issue of CityLand covers a wide range of land use, zoning, and preservation developments in New York City. Highlights include the City Council’s approval of the Via Verde housing project in Melrose, Bronx, and a special permit for hotel and retail use at the Crosby Street Hotel in SoHo. The City Planning Commission reviewed Toll Brothers’ proposed development along the Gowanus Canal and approved amendments to the Clinton Theater Bonus zoning text. The Department of City Planning held a scoping hearing for Vornado’s 15 Penn Plaza redevelopment. BSA decisions addressed vested rights in Homecrest and upheld a …

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

Buffalo Environmental Law Journal

No abstract provided.

Changing Times--Changing Practice: New Roles For Lawyers In Resolving Complex Land Use And Environmental Disputes, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Following this introduction is a discussion of the many excellent papers by academics, practitioners, and students contained in this themed Kheel edition of the Pace Environmental Law Review. The article continues with an analysis of the practice of law and how it is affected by the advent of environmental interest dispute resolution.

Responsible Development? The Need For Revision To Seattle's Inclusionary Housing Plan, Jay A. Riffkin

Seattle University Law Review

This Comment explores how Seattle's enactment of a limited inclusionary housing plan can effectively meet the challenges of responsible development, both satisfying the city's need for density and affordability and maintaining an economic environment conducive to developer profitability. Although Seattle's current inclusionary housing plan may give adequate incentives to developers, the city needs to move away from its current voluntary plan and toward a mandatory plan that balances increasing developer incentives with a demand for affordable onsite development to serve a broader spectrum of income levels. Part II of this Comment lays out the background of exclusionary and inclusionary zoning …

Community Benefits Agreements And Comprehensive Planning: Balancing Community Empowerment And The Police Power, Patricia E. Salkin, Amy Lavine

Scholarly Works

Traditionally, the states have empowered local governments to develop plans and implement regulations for neighborhood and community development. When accomplished at the local or regional level, the interests and benefits of the community as a whole are to be weighed against the detriments to individuals. Much has been studied and written about the lack of meaningful public participation in the planning and land use regulatory process, suggesting that often low-income and minority communities are not fully engaged in the process, even when it may result in decisions negatively impacting their neighborhoods. Case studies have also shown that governments are sometimes …

Sustainability And Land Use Planning: Greening State And Local Land Use Plans And Regulations To Address Climate Change Challenges And Preserve Resources For Future Generations, Patricia E. Salkin

Scholarly Works

Although a coordinated national policy on climate change should be developed, initiatives at the local government level through the land use planning and regulatory control processes have tremendous potential to dramatically contribute to the reduction of green house gas emissions, leading to a reduction in the carbon footprint and ultimately to a more sustainable environment. Part I of this article discusses opportunities for using the comprehensive land use planning process to address sustainability and provides examples of how this is being accomplished across the country. Part II mentions the growing number of state and local climate action plans (and cross-references …

The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale D. Goble

Natural Resources Journal

No abstract provided.

A Comment On Making Sustainable Land-Use Planning Work, Peter Pollock

University of Colorado Law Review

Many models exist for creating better communities: for example, smart growth, new urbanism, and sustainable development. City planners have at their disposal a number of model ordinances and policies that could help communities meet the challenges of climate change and looming changes in transport and energy supply. The problem is not the lack of tools, but other policy issues that stymie their effective application. The localized nature of community planning, the inability to overcome local opposition to redevelopment within existing city boundaries, the lack of rigor in assigning costs to new development, the local competition for taxes, and the legacy …

God And The Land: A Holy War Between Religious Exercise And Community Planning And Development, Patricia E. Salkin, Amy Lavine

Scholarly Works

This article is a brief introduction to The Albany Government Law Review symposium on God and the Land. This piece sets forth a brief history of the Religious Land Use and Institutionalized Persons Act (RLUIPA) setting the backdrop for the controversy that has surrounded the Act and its impact on religious entities and municipalities. Since the enactment of RLUIPA, the floodgates have burst open with litigation in attempts to clarify many ambiguities in the statute. The remainder of the piece provides a sneak preview of the articles contained in The Albany Government Law Review by Professors Angela Carmella, Marci Hamilton, …