Land Use Law Commons^™

Herr V. U.S. Forest Service, Peter B. Taylor

Public Land & Resources Law Review

In Herr v. U. S. Forest Service, the Sixth Circuit ruled on whether the Forest Service could infringe on pre-existing private property rights held adjacent to a designated Wilderness Area. The Herrs purchased lakefront property adjacent to the Sylvania Wilderness in the Upper Peninsula of Michigan with the intention of using their littoral rights for recreational boating. The Sylvania Wilderness was created under the Michigan Wilderness Act in 1987, but the Act observed valid existing rights. The court found that the Herrs’ littoral rights were recognizable “valid existing rights.” Therefore, the Forest Service’s restriction of those rights was illegal.

Comments On The World Bank’S Draft Guidance Note For Borrowers Ess5: Land Acquisition, Restrictions On Land Use And Involuntary Resettlement, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

In December 2017, CCSI sent comments to the World Bank regarding its Draft Guidance Note for Borrowers ESS5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement.

CCSI’s overarching comments on the Guidance Note were that:

• Its description of affected persons and their rights contradicts and undermines international consensus on land governance supported by the Bank
• It fails to provide any guidance on when involuntary resettlement should be considered unavoidable or how Borrowers can prioritize project designs that actually minimize displacement or other harms
• It fails to put rights-holders (or “affected stakeholders”) at the center of solutions
• Its discussion of …

At The Intersection Of Land Grievances And Legal Liability: The Need To Reconsider Contract Rights And Expectations At The Supranational Level, Kaitlin Y. Cordes, Lise Johnson, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

This Article explores how host governments’ legal obligations can affect or constrain their ability to address “land grievances,” which are defined as concerns raised by local individuals or communities in response to negative impacts of land-based investments. Obligations under international investment law, international human rights law, and investor-state contracts can be in tension or can directly conflict with one another, creating complexity for governments seeking to respond to land grievances. To explore the legal considerations that governments must navigate in this context, this Article considers several options that governments could pursue to respond to land grievances. In all of the …

Some Model Amendments To Maine (And Other States') Land Use Control Legislation, Orlando E. Delogu, Sam Merrill, Philip R. Saucier

Maine Law Review

This model legislation consisting of ten separate provisions is intended to clarify and/or expand existing Maine law dealing with planning and land use regulation. It expands existing statutes by addressing a number of issues not presently covered by law. The overarching purpose of the proposed legislation is to underscore that planning and the imposition of land use regulations is not exclusively the responsibility of local governments but instead is a shared duty of the state and local governments. This is clearly stated in the text and commentary of Provision I, and is a theme that pervades all ten legislative proposals. …

Will Bell V. Town Of Wells Be Eroded With Time?, Sidney St. F. Thaxter

Maine Law Review

In 1989, the Maine Law Court issued a landmark decision regarding the ownership of the land between the mean high-water mark and the mean low-water mark (the intertidal zone) in a case entitled Bell v. Town of Wells.1 This decision was controlled, in part, by the 1986 decision in the same case. Bell I was decided following an appeal by the plaintiff-landowners from the lower court decision dismissing Counts I and II of their Complaint as “barred by sovereign immunity.” The lower court found that “the State has an interest in Moody Beach and in that sense it has title,” …

The Impact Of The Tobacco Buyout On The Commonwealth's Open Spaces: Protecting Open Land By Expanding The Scope Of Use Value Assessment, Mary Atkinson

William & Mary Environmental Law and Policy Review

No abstract provided.

Striking An Equitable Balance: Placing Reasonable Limits On Retroactive Zoning Changes After Kittery Retail Ventures, Llc V. Town Of Kittery, Heather B. Sanborn

Maine Law Review

Thirty years ago, a developer who wanted to build a shopping center had to do little more than obtain a building permit to go forward with the project. Today, however, the regulation and review of development projects involves a lengthy process of securing a series of permits, often including site plan or subdivision approvals, traffic studies, and environmental impact reviews. Navigating this review process forces developers to negotiate with the community and design their projects to fit the applicable standards adopted by the local, state, and federal regulations, arguably improving the quality of development in our communities. But the lengthy …

Clean Air Council V. Pruitt, Oliver Wood

Public Land & Resources Law Review

The United States Court of Appeals for the District of Columbia granted a motion for summary vacatur against the Environmental Protection Agency after environmental groups challenged the agency’s reconsideration of the Obama-era methane rule under the Clean Air Act. The court held that the EPA unlawfully issued a stay after it reconsidered the rule without proper authorization. The court vacated the EPA’s stay, one example of the Trump Administration unsuccessfully repealing Obama-era rulemaking.

Itenant: How The Law Should Treat Rental Relationships In The Sharing Economy, Matthew Rosendahl

William & Mary Law Review

No abstract provided.

Side By Side: Revitalizing Urban Cores And Ensuring Residential Diversity, Andrea J. Boyack

Chicago-Kent Law Review

No abstract provided.

Linchpin Approaches To Salvaging Neighborhoods In The Legacy Cities Of The Midwest, Shelley Cavalieri

Chicago-Kent Law Review

No abstract provided.

Freeing The City To Compete, James J. Kelly Jr.

Chicago-Kent Law Review

No abstract provided.

The Natural Capital Crisis In Southern U.S. Cities, Blake Hudson

Chicago-Kent Law Review

No abstract provided.

The Detroit Frontier: Urban Agriculture In A Legal Vacuum, Jacqueline Hand, Amanda Gregory

Chicago-Kent Law Review

No abstract provided.

Small Sustainability Supply: How Small Business And Lean Manufacturing Can Change Supply Chains, Carlos Lopez

Sustainable Development Law & Policy

No abstract provided.

Benefitting From Sustainable Development, Victoria Frappaolo

Sustainable Development Law & Policy

No abstract provided.

Batteries Included: Incentivizing Energy Storage, Lindsay Breslau, Michael Croweak, Alan Witt

Sustainable Development Law & Policy

Distributed Energy Storage (“DES”) technologies that allow households and businesses to store substantial amounts of electricity on site are rapidly advancing and could soon have dramatic impacts on the nation’s electricity generation, transmission, and distribution markets. These technologies could provide numerous benefits, including enhanced energy security, grid stability, and greater support for renewable generation technologies, but several obstacles are slowing their adoption throughout the country. Among these obstacles are stubbornly high manufacturing costs and the potential impacts of DES development on utilities and the traditional energy regulatory framework. Fortunately, policymakers in California, New York, Hawaii, and some other states are …

Appraising The Role Of The Ifc And Its Independent Accountability Mechanism: Community Experiences In Haiti’S Mining Sector, Kate Nancy Taylor

Sustainable Development Law & Policy

No abstract provided.

Green Is Good: How Green Bonds Cultivated Into Wall Street’S Environmental Paradox, Luke Trompeter

Sustainable Development Law & Policy

When the European Investment Bank issued the first green bond in 2007, few imagined this debt instrument would attract mainstream investors. Designed to finance projects ranging from climate change prevention to clean transportation development, green bonds were geared for socially responsible investors concerned with our planet’s sustainability. However, by 2015, green bonds were issued by major corporations like Apple and municipalities like New York City at a record $40 billion. Major players on Wall Street have taken notice and look to cash in on the rapidly growing green bond market. With this new influx of investment and the bonds’ tax-exempt …

About Sdlp

Sustainable Development Law & Policy

No abstract provided.

Editor's Note, Kimberly Reynolds, Ryan Schmidt

Sustainable Development Law & Policy

No abstract provided.

Can The Eu Carbon Tax The U.S. In Retaliation?, Annum Rashedi

Sustainable Development Law & Policy

No abstract provided.

Regional Disputes: It Is Not Just Ground Beef, Nicholas W. Laneville

Sustainable Development Law & Policy

No abstract provided.

Fighting The Wrong Fight: Why The Mlp Parity Act Is A Misguided Attempt At Achieving Renewable Energy Capital Raising Parity, David Powers

Sustainable Development Law & Policy

No abstract provided.

The Paris Agreement And The International Trade Regime: Considerations For Harmonization, Charles E. Di Leva, Xiaoxin Shi

Sustainable Development Law & Policy

No abstract provided.

Never For-Gatt: What Recent Tbt Decisions Reveal About The Appellate Body’S Analysis Of Environmental Regulation Under The Wto Agreements, Ravi Soopramanien

Sustainable Development Law & Policy

Few environmentalists have positive things to say on the impact of the World Trade Organization (WTO) on the environment. WTO legal obligations are frequently cited as the most significant impediment to a range of environmental initiatives, including notably meaningful international coordination to combat climate change, particularly through carbon tax initiatives, and imposition of electronic waste disposal export bans. In this vein, adverse findings of WTO dispute panels on environmental conservation measures tend to attract the ire of international civil society. The tensions between liberal trade and environmental protection can be traced back to the days of the General Agreement on …

About Sdlp

Sustainable Development Law & Policy

No abstract provided.

Editor's Note, Ryan Schmidt, Kimberly Reynolds

Sustainable Development Law & Policy

No abstract provided.

The Law Of The Seas: A Barrier To Implementation Of Sustainable Development Goal 14, Alexi Nathan

Sustainable Development Law & Policy

No abstract provided.

The Key To Engaging With The Sdgs: Utilizing Rio Principle 10 To Succeessfully Implement The U.N. Sustainable Development Goals, Taís Ludwig

Sustainable Development Law & Policy

No abstract provided.