Land Use Law Commons^™

Land Ethic Under Attack: Keystone Xl And The War Over Domestic S(Oil), Heather Culp

Environmental and Earth Law Journal (EELJ)

The Keystone XL pipeline has caused recent controversy and renewed the debate over the future of fossil fuels in the United States. The project pits largely conservative groups, who argue that the pipeline will create jobs and decrease America’s dependence on foreign oil, against environmental advocates, indigenous tribes, and private landowners, who are attempting to fend off the project because they believe it will displace them of their own lands as well as disrupt the natural ecosystems that lay in the pipeline’s path. In the wake of a presidential veto of the project and renewed sentiment by the pipeline’s …

Permitting Problems: Environmental Justice And The Miccosukee Indian Tribe, Charles Prior

Environmental and Earth Law Journal (EELJ)

The Miccosukee Tribe of Indians is a federally recognized tribe that works and resides in the Everglades region of the State of Florida. The Miccosukee have been battling lax water quality standards through lawsuits since the 1990’s. Recent rulings in federal court held that the State of Florida has failed to comply with the Clean Water Act and ordered the Environmental Protection Agency to set nutrient criteria for the water bodies in the state of Florida until the Florida Department of Environmental Protection complies with the Clean Water Act.

This article uses the principles of environmental justice to analyze ways …

State Conservation As Settler Colonial Governance At Ka‘Ena Point, Hawai‘I, Bianca Isaki

Environmental and Earth Law Journal (EELJ)

This paper argues, by illustrating, that liberal multiculturalism and natural resources are interlinked strategies of settler colonial governance in political debates surrounding the construction of a “predator-proof” fence for conservation purposes across Native Hawaiian lands of deep cultural and historical significance at Ka`ena Point, a state wilderness park in Hawai`i. First, this paper shifts debates framed in terms of the seeming recalcitrance of Native Hawaiian cultural practitioners to recognize the necessity of natural resource management. Second, it considers how these political debates are repeated in the context of legal questions over the forms through which Native Hawaiian cultural claims may …

Perspectives - Kenneth Levien And Kimberly Dowdell Of Levien & Company, Inc., James Hagy, Dmitriy Ishimbayev

Rooftops Project

Kenneth Levien and Kimberly Dowdell share thoughts with The Rooftops Project’s Dmitriy Ishimbayev and Professor James Hagy on the role of project management in not-for-profit construction and renovation projects.

Creating New Spaces For Sustainable Water Management In The Senegal River Basin, Frans J.G. Padt, Juan Carlos Sanchez

Natural Resources Journal

No abstract provided.

International Trade And Investment Law And Carbon Management Technologies, Nigel Bankes, Anatole Boute, Steve Charnovitz, Shi-Ling Hsu, Sarah Mccalla, Nicholas Rivers, Elizabeth Whitsitt

Natural Resources Journal

No abstract provided.

Towards Engaged Scholarship, Jessica Owley, John R. Nolon, Keith Hirokawa, Sean Nolon

Articles

No abstract provided.

Cityland – Vol. 10, No. 5, Center For New York City Law

CityLand - 2013

This issue of CityLand covers major land use and preservation developments in New York City as of June 2013. The City Council reviewed legislation to streamline sidewalk café licensing and expand operating hours, sparking debate over community board review timelines. The Landmarks Preservation Commission approved a revised six-story residential building at 42 Crosby Street and authorized emergency facade demolition at 321–323 Canal Street due to structural instability. Tammany Hall at 100 East 17th Street entered the landmarking process, and the Marine Midland Bank building at 140 Broadway received strong support for designation. A guest commentary from Time’s Up highlighted the …

When Old Becomes New: Reconciling The Commands Of The Wilderness Act And The National Historic Preservation Act, Nikki C. Carsley

Washington Law Review

The Wilderness Act created a national framework for the protection of wilderness areas. Although the statute defines wilderness as an area “untrammeled by man, where man himself is a visitor who does not remain,” it leaves room for the “public purposes of recreational, scenic, scientific, educational, conservation, and historical use.” As such, the Wilderness Act clarifies that its purposes are “within and supplemental” to other land-use statutes, including statutes like the National Historic Preservation Act (NHPA), which created a national scheme for preserving historic places and structures. When considering the Wilderness Act relative to the NHPA, agencies and courts have …

A Next, Big Step For The West: Using Model Legislation To Create A Water-Climate Element In Local Comprehensive Plans, Michelle Bryan Mudd

Washington Journal of Environmental Law & Policy

The West is witnessing early, important efforts to join water supply and land use planning, and the reality of climate change makes this convergence all the more critical. Local comprehensive planning presents itself as an existing and indispensable tool for unifying important planning efforts in the areas of land use, water, and climate change. As the primary regulators of land use, local governments are at the front line of regulating a myriad of environmental concerns. They are also integral partners in planning and implementing water-related initiatives alongside tribal, state, federal, and private partners. The West’s potential for broad-based action is …

From Citizen Suits To Conservation Easements: The Increasing Private Role In Public Permit Enforcement, Jessica Owley

Journal Articles

The past 40 years have seen an increase in the involvement of private actors in environmental law. One of the best-known (and arguably best-loved) methods for public involvement is the citizen suit. This popular method of public enforcement of environmental permits (among other things) has been joined by the use of conservation easements. Conservation easements are increasingly used to meet permit mitigation requirements. When private nonprofits hold the exacted conservation easements, they assume the role of permit enforcers. It is their job to ensure that conservation easement terms are complied with, giving them oversight and control over one of the …

Understanding & Crafting Development Agreements In Massachusetts, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston

Edward J. Collins Center for Public Management Publications

The report first briefly explains the real estate development business from the developer’s perspective. It then identifies the components of a typical development agreement. Following this, it describes how agreements change and grow over time and offers an outline of the negotiation process. The appendices provide an overview of five development agreements and highlights interesting provisions that may be food for thought during negotiations on future development agreements. Two of these agreements are for gaming-related projects and three do not include gaming as a potential land use. Copies of the actual agreements can be accessed via links found within the …

Cityland – Vol. 10, No. 4, Center For New York City Law

CityLand - 2013

This issue of CityLand highlights key land use and preservation developments in New York City as of May 2013. The City Planning Commission began review of adAPT NYC, the City’s first micro-unit housing development, featuring 55 compact apartments and shared amenities. The Landmarks Preservation Commission held a hearing on the designation of the Seward Park branch of the New York Public Library, a 1909 Carnegie-funded building. A new sustainable office and retail development near the Puck Building in SoHo was approved, praised for its green design and contextual sensitivity. The Bedford-Stuyvesant/Expanded Stuyvesant Heights Historic District was designated, concluding a 20-year …

Aircraft Noise Pollution: Is Land Use Planning The Answer? , Milan M. Dostal

Pepperdine Law Review

No abstract provided.

Zoning And The Vested Right To Use Property: There Ought To Be A Right! , Hugh Breckenridge

Pepperdine Law Review

No abstract provided.

Looking Back: Consistency In Interpretation Of And Response To The Consistency Requirement, A. B. 1301 , Joseph F. Di Mento

Pepperdine Law Review

No abstract provided.

The Housing Element: How Can Its Adequacy Be Measured? , Nina E. West, James C. Schroeder

Pepperdine Law Review

No abstract provided.

Title I Of The 1974 Housing And Community Development Act And Its Impact On Local Communities, Edward E. Haworth

Pepperdine Law Review

No abstract provided.

California Planning Law: Requirements For Low And Moderate Income Housing , C. Foster Knight

Pepperdine Law Review

No abstract provided.

The California Coastal Zone Conservation Act Of 1972: An Overview And Recent Developments, Bruce Tester

Pepperdine Law Review

No abstract provided.

Nepa And Ceqa - Euphemistic Environmental Eunuchs?, Sonia Sonju Erickson

Pepperdine Law Review

No abstract provided.

Luncheon Address: Planning Decision Making - Balancing Legislative Restrictions, Modern Technology, Community Input, And Personal Objectives , Robert J. West

Pepperdine Law Review

No abstract provided.

The Relationship Of Just Compensation To The Land Use Regulatory Power: An Analysis And Proposal , Thomas P. Clark, Arthur G. Kidman

Pepperdine Law Review

No abstract provided.

Subdivision Regulation: Political Armageddon Of Consumer, Property Owner And Environmental Rights , James E. Erickson

Pepperdine Law Review

No abstract provided.

Hagman's Hallucinations: Some Predictions About Planning Law In California , Donald G. Hagman

Pepperdine Law Review

No abstract provided.

Legal Limits Of Government Land Use Regulation - An Expanding Concept , Roger A. Grable

Pepperdine Law Review

No abstract provided.

Diminution In Value Is Not Inverse Condemnation: Hfh, Ltd. V. Superior Court , Daniel J. Gavin

Pepperdine Law Review

No abstract provided.

The Future Of Eirs In Land Use Regulation , John M. Winters

Pepperdine Law Review

No abstract provided.

Land Use Enactments And Inverse Condemnation, Alan R. Perry

Pepperdine Law Review

No abstract provided.

The Right Of Control Over The City Plan: Local Planner Versus The State Legislature And The Court, Carlyle W. Hall Jr.

Pepperdine Law Review

No abstract provided.