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Articles 91 - 107 of 107
Full-Text Articles in Land Use Law
Legislative Innovation In State Brownfields Redevelopment Programs, Heidi Gorovitz Robertson
Legislative Innovation In State Brownfields Redevelopment Programs, Heidi Gorovitz Robertson
Law Faculty Articles and Essays
States throughout the country have created legislation and administrative programs to encourage the cleanup and redevelopment of urban brownfield land. In part, these efforts respond to the federal government's recent focus on the issue. However, leadership in method and approach has come, not from the federal government, but from the states. States have approached the cleanup and redevelopment of contaminated land in a variety of ways, some choosing to create voluntary cleanup programs, others imposing mandatory cleanup programs, and still others using combinations of these approaches. Regardless of method, however, the push to clean brownfield land is grounded in a …
Environmental And Brownfield Liability: Relative Influence On Corporate Expansion And Relocation, Heidi Gorovitz Robertson, Alan K. Reichert
Environmental And Brownfield Liability: Relative Influence On Corporate Expansion And Relocation, Heidi Gorovitz Robertson, Alan K. Reichert
Law Faculty Articles and Essays
Many states in America have enacted laws to encourage the development of contaminated properties. The laws attempt to do this by addressing one barrier to redevelopment, the environmental liability attached to contaminated properties. In general, the laws attempt to remove or reduce the significance of that barrier by reducing or eliminating the environmental liability risk attached to these properties. Our hypothesis was that these efforts cannot significantly encourage redevelopment because they fail to address non-environmental barriers to urban redevelopment. To determine whether this legislative focus on environmental liability is misplaced, we conducted a survey of Northeast Ohio businesses, which had …
One Piece Of The Puzzle: Why State Brownfields Programs Can't Lure Businesses To The Urban Cores Without Finding The Missing Pieces, Heidi Gorovitz Robertson
One Piece Of The Puzzle: Why State Brownfields Programs Can't Lure Businesses To The Urban Cores Without Finding The Missing Pieces, Heidi Gorovitz Robertson
Law Faculty Articles and Essays
U.S. EPA, state legislatures, and state administrative agencies have invested considerable time and money resources to encouraging urban renewal through the redevelopment of contaminated urban properties, called brownfields. These efforts attempt to induce businesses to clean and redevelop brownfields by reducing the numerous environmental barriers to redevelopment, such as the enormous cost of clean-up and threat of immeasurable liability. In this Article, I argue that environmental barriers to redevelopment, although important, are but one piece of a complicated urban redevelopment puzzle. The other pieces, largely missing from existing efforts to encourage redevelopment of brownfields are non-environmental factors, such as size …
Deed Restrictions And Other Institutional Controls As Tools To Encourage Brownfields Redevelopment, Heidi Gorovitz Robertson, Robert A. Simons
Deed Restrictions And Other Institutional Controls As Tools To Encourage Brownfields Redevelopment, Heidi Gorovitz Robertson, Robert A. Simons
Law Faculty Articles and Essays
This article concerns the use of deed restrictions and other institutional controls as tools to encourage brownfields redevelopment.
Shortage And Tension On The Upper Rio Grande: Protecting Endangered Species During Times Of Drought, Comments From The Perspective Of The Middle Rio Grande Conservancy District, Maria O'Brien
Faculty Scholarship
Looking back at the drought of 1996 and at the efforts to protect endangered species in the midst of the drought, the most glaring fact remains that the water managers and users of the Rio Grande were in crisis management. In fact, despite some efforts, if the drought had manifested with equal or greater intensity in 1997, we would have remained in crisis management. Hence, as we move forward and examine lessons learned, the most vital premise we must return to is the imperative for balance as we undertake the precarious task of allocating water to protect endangered species, serve …
Fashioning A Comprehensive Environmental Review Code For Tribal Governments: Institutions And Processes, Dean B. Suagee, Patrick A. Parenteau
Fashioning A Comprehensive Environmental Review Code For Tribal Governments: Institutions And Processes, Dean B. Suagee, Patrick A. Parenteau
American Indian Law Review
No abstract provided.
Fruits Of The "Impenetrable Jungle": Navigating The Boundary Between Land-Use Planning And Environmental Law, Michael Allan Wolf
Fruits Of The "Impenetrable Jungle": Navigating The Boundary Between Land-Use Planning And Environmental Law, Michael Allan Wolf
Law Faculty Publications
On June 24, 1994, America's local governments, financially strapped and already subject to potential liability in a number of areas, received an unwelcome gift from the United States Supreme Court--Dolan v. City ofTigard. For the third time in seven years, the Justices ended their term by releasing an opinion further extending the reach of the Fifth Amendment's Takings Clause. This decision was a cause for celebration in the ranks of private property champions and consternation among Court critics who perceive a return to the bad old days of substantive due process, the Court's second-guessing of government decisionmaking, this time …
What Should Be The Leading Principles Of Land Use Planning? A German Perspective, Clifford Larsen
What Should Be The Leading Principles Of Land Use Planning? A German Perspective, Clifford Larsen
Vanderbilt Journal of Transnational Law
In this Article discussing German land use planning, the author begins by tracing the historical emergence of land use planning in Germany. The author then evaluates the influence of Germany's constitution on the fundamental principles of land use planning. The author reviews German land use planning's historical and constitutional foundations, then examines the goals guiding federal and state planning and the system constructed to achieve these goals. The author proceeds to analyze the challenges presented to German land use planning by reunification, the environment, and European interdependence. In conclusion, the author reviews the relative merits of German land use planning …
Environmental Law, Honorable Leon D. Lazer
The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson
The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson
Publications
No abstract provided.
Substantive Decision-Making Under The Washington Shoreline Management Act, William H. Chapman
Substantive Decision-Making Under The Washington Shoreline Management Act, William H. Chapman
Seattle University Law Review
The specific purposes of this Article are twofold: first, an analysis of the SMA is set forth and then used in simple statistical comparisons to evaluate decisions rendered by local governments, superior courts, and the Shorelines Hearings Board (SHB) during the period 1974-1983; second, to present a numerical model that represents the verbal interpretation of the SMA with a simple arithmetical equation using weighted variables. These variables correspond to objectives identified in interpretations of the SMA. Decisions of the SHB and appellate courts during this period are explained in a statistical manner through use of the model. Neither computer7 nor …
Encouraging Advances In Mining And Reclamation Practices: An Analysis Of The Experimental Practices Provision Of The Surface Mining Control And Reclamation Act Of 1977, David C. Short, John R. Batt, Barbara Lovan
Encouraging Advances In Mining And Reclamation Practices: An Analysis Of The Experimental Practices Provision Of The Surface Mining Control And Reclamation Act Of 1977, David C. Short, John R. Batt, Barbara Lovan
West Virginia Law Review
No abstract provided.
Book Review, Howard C. Klemme
Animal Feedlot Regulation In Minnesota, Marcia R. Gelpe
Animal Feedlot Regulation In Minnesota, Marcia R. Gelpe
Faculty Scholarship
Animal feedlots frequently are the subject of dispute between operators and surrounding landowners. In this Article, Professor Gelpe identifies the environmental problems created by animal feedlots and discusses the common-law remedies. In addition, Professor Gelpe provides valuable insights into the application and Interpretation of feedlot regulations recently enacted by Minnesota.
Land Trusts: An Alternative Method Of Preserving Open Space, Randee G. Fenner
Land Trusts: An Alternative Method Of Preserving Open Space, Randee G. Fenner
Vanderbilt Law Review
In an effort to provide the background necessary to maximize the land trust's potential, this Article undertakes a three-part analysis, focusing on (1) the steps necessary to organize the land trust; (2) the techniques that may be used to accomplish the transfer of property to the land trust; and (3) the tax consequences associated with the land trust's conservation activities-consequences that may dictate the form that the transfer will take and upon which the success or failure of the preservation effort may hinge.
Updating Eminent Domain For Environmental Control, Karl Jeffery Reynolds
Updating Eminent Domain For Environmental Control, Karl Jeffery Reynolds
Florida State University Law Review
No abstract provided.
Land Use Controls In Coastal Areas, Richard C. Ausness
Land Use Controls In Coastal Areas, Richard C. Ausness
Law Faculty Scholarly Articles
Prolonged exploitation of coastal resources has caused extensive ecological harm. The alarming decline in the condition of the marine environment has become a matter of serious public concern. This Article will examine some of the environmental problems of the coastal zone and the resulting institutional responses. The first part will delineate a number of problems in the nation's coastal areas. The second part will review the doctrines of property law associated with the ownership of littoral land and their relation to land-use control measures. The third part will evaluate recent coastal management legislation. The fourth part will consider constitutional restraints …