Land Use Law Commons^™

About Sdlp

Sustainable Development Law & Policy

No abstract provided.

Editor's Note, Caitlin Buchanan

Sustainable Development Law & Policy

No abstract provided.

Not Losing The Forest For The Trees: Distinguishing Conservation Transfer Fees From Other Private Transfer Fees, Frank C. Aiello

Maine Law Review

Private transfer fee covenants against real property are increasingly under fire from Congress, federal regulators, and state legislatures. This fire has been fueled by strong advocacy from the National Association of Realtors. It will only be a matter of time before private transfer fees will also be challenged in state courts as not meeting the common law requirements for a servitude. As these bodies take aim at the private transfer fee, they literally must not lose sight of the forest for the trees. A private transfer fee that benefits conservation and environmental stewardship is consistent with the traditional use of …

Presidential Executive Orders Duel Over Floodplain Definition As S.E. Florida Prepares For Sea Level Rise, Brion Blackwelder

Faculty Scholarship

No abstract provided.

Exploiting Conservation Lands: Can Hydrofracking Be Consistent With Conservation Easements?, Jessica Owley, Collin Doane

Journal Articles

No abstract provided.

Agua Caliente Band Of Cahuilla Indians V. Coachella Valley Water Dist., Rebecca Newsom

Public Land & Resources Law Review

In Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water Dist., the Ninth Circuit upheld the Tribe’s federal reserved right to the groundwater underlying its reservation. This decision enforces that the courts will not defer to state water law when there is an established federal reserved water right. Further, the Ninth Circuit expressly extended this right to groundwater.

Center For Biological Diversity V. Jewell, Lowell J. Chandler

Public Land & Resources Law Review

The ESA protects threatened or endangered species, and species likely to become threatened or endangered within the foreseeable future, throughout all or a significant portion of their range. In Center for Biological Diversity v. Jewell, the United States District Court for the District of Arizona overturned a Fish and Wildlife Service policy defining the significant portion of range language in the ESA. The policy interpretation limited ESA protections to apply only when a species faced risk of extinction throughout its entire range. The court deemed this policy impermissible because it effectively rendered the significant portion of range language meaningless. …

Save Our Cabinets V. U. S. Fish & Wildlife Service, Jaclyn Van Natta

Public Land & Resources Law Review

No abstract provided.

Principled Negotiation: The Final Answer To The South China Sea Dispute, Hoa Nguyen

Texas A&M Law Review

Principled negotiation suggests that in any conflict there are interests that motivate a party’s claimed position. Identifying and focusing on these interests instead of the position itself is the best way to solve the underlying conflict, whether it concerns a family quarrel, a business contract, or an international settlement among nations. On the surface of the South China Sea dispute, China, Vietnam, the Philippines, Malaysia, Brunei, and Taiwan all make conflicting claims over various features in the South China Sea, particularly the Spratly and Paracel Islands. However, in reality, each nation has particular interests in mind when asserting its claiming …

Whatcom County V. Hirst, Et Al, Stephanie A. George

Public Land & Resources Law Review

Upending decades of common practice in water management and building in the state of Washington, the Washington Supreme Court found Whatcom County violated the state’s Growth Management Act. Whatcom County used the Department of Ecology’s Nooksack Rule in evaluating permits for buildings and subdivisions that rely on permit-exempt wells. This decision affects families across the state of Washington.

Are Critical Area Buffers Unconstitutional? Demystifying The Doctrine Of Unconstitutional Conditions, Brian T. Hodges

Seattle Journal of Environmental Law

Washington’s cities and counties are increasingly demanding that owners of residential shoreline properties dedicate large, predetermined critical area buffers as a mandatory condition of any new development. Such demands, when imposed without regard to the specifics of the land use proposal, would appear to violate the essential nexus and rough proportionality tests established by the U.S. Supreme Court in Nollan v. California Coastal Commission, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994). Early decisions from Washington courts faithfully applied these tests, invalidating open space and buffer dedications. But in a series of …

The Aftermath Of Care V. Cow Palace And The Future Of Rcra In Cafo Cases, Lauren Tavar

Sustainable Development Law & Policy

No abstract provided.

Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall

Sustainable Development Law & Policy

No abstract provided.

Ridding Pes Systems Of The “Pay To Pollute” Principle: Pes Optimization Strategies, Kelly Carlson

Sustainable Development Law & Policy

No abstract provided.

Indoor Aquaponics In Abandoned Buildings: A Potential Solution To Food Deserts, Lisa Tomlinson

Sustainable Development Law & Policy

No abstract provided.

Investing In Resiliency: Prioritizing Water Systems And Investing In Green Infrastructure, Caitlin Cutchin

Sustainable Development Law & Policy

No abstract provided.

You Probably Shouldn’T Build There: Watershed-Based Land Use Strategies For Mitigating Global Climate Change In New Jersey’S Freshwater Systems, Matthew Knoblauch

Sustainable Development Law & Policy

No abstract provided.

About Sdlp

Sustainable Development Law & Policy

No abstract provided.

Editor's Note, Caitlin Buchanan

Sustainable Development Law & Policy

No abstract provided.

The Earth's Atmosphere As A Global Trust: Establishing Proportionate State Responsibility To Maintain, Restore And Sustain The Global Atmosphere, Thomas Boudreau Ph.D.

Environmental and Earth Law Journal (EELJ)

Expanding upon the important work already accomplished by the Paris Agreement (2015), the United Nations General Assembly (UNGA) can help create the international legal framework needed by recognizing, in a nonbinding resolution as a first step, the Earth’s atmosphere as a global trust and thus helping to create the necessary legal capacity- building among nation-states to monitor, maintain as well as restore the Earth’s atmosphere for future generations.

The Dangers Of Water Privatization: An Exploration Of The Discriminatory Practices Of Private Water Companies, Elana Ramos

Environmental and Earth Law Journal (EELJ)

No abstract provided.

Putting The Sun Back Into The Sunshine State: How Florida's Transition To Solar Power Has Brought The State Out Of The Shadows Cast By Big Oil's Energy-Monopoly, Christopher Berman

Environmental and Earth Law Journal (EELJ)

No abstract provided.

An Overview Of The Zika Virus Epidemic And What America Can Do To Prevent The Spread Of The Virus In The Future, Alexandra Parrish

Environmental and Earth Law Journal (EELJ)

No abstract provided.

Clean Power Plan, Janice Chon

Environmental and Earth Law Journal (EELJ)

No abstract provided.

It's All Downhill From Here: How The Nation's Dispute With Clean Water Act Jurisdiction Is Solved, Spencer H. Newman

Environmental and Earth Law Journal (EELJ)

What makes the United States one of the most prosperous and safest nations in the modern world? Perhaps it is the durable economy, the strong military force, or the Constitutional protections. What most Americans take for granted, however, is something people in many nations base their entire lives around: safe, clean water. Promulgated in 1972, the original Clean Water Act has been opposed and amended over the course of forty years. No provision, however, has been as hotly contested as the § 404 program for “dredge and fill” permits. Specifically, this section led to divisions on what constitutes “water” that …

The Place Of Private Property In Land Use Law: A Relational Examination Of Ontario's Quarry Conflicts, Estair Suarez Van Wagner

PhD Dissertations

Land use law structures the way we make decisions about how we live together and with the world around us. In doing so, it shapes our relationships not only with the people around us, but with the places we inhabit and encounter. This dissertation examines how land use law structures the relations between people and the more-than-human world to uphold the ownership model of property relations and to privilege particular forms of land use. Through documentary and interview-based qualitative research, it presents an eco-relational examination of one of the most contentious land uses in Ontario aggregate mineral extraction.

The primacy …

Legal Context For Construction Of Bristol Veterans' Home Universally-Accessible Fishing Pier, Jourdan Thompson

Sea Grant Law Fellow Publications

This study reviews the legal requirements governing design and construction of a proposed universally-accessible fishing pier located at the Rhode Island Veterans’ Home in Bristol, Rhode Island. The pier would provide veterans and other members of the public with accessible recreational fishing opportunities. However, federal, state, and local approvals will be required before the project can move forward. This study provides an overview of required permitting and approvals by the Coastal Resources Management Council (CRMC), Town of Bristol, and U.S. Army Corps of Engineers (USACE). In addition, it considers the role of the Rhode Island Department of Environmental Management (RIDEM) …

Parallel State, Gregory Dolin, Irina D. Manta

Cardozo Law Review

Alternatively glamorized and reviled, Rio de Janeiro's shantytowns, known as 'favelas," have become a fixture of the city's architecture and life. It is estimated that about 1.5 million people reside in these informal settlements that are scattered in the center and outskirts of Brazil's second-largest metropolitan area. Operating in the shadow of the law and lacking formal ownership title, favela residents have constructed an intricate set of informal rules to buy, sell, rent, and bequeath property that is often administered by the residents' associations of individual neighborhoods, which also assist in mediating related conflicts. While largely untested legal mechanisms may …

Aldo Leopold, Estella Bergere, Mia Casita And Sheepherding In New Mexico And Colorado, Andrew Gulliford

Natural Resources Journal

Personal and regional history of Peggy Bergon, Aldo Leopold, and sheepherding.

Rules And Values In Virtual Optimization Of California Hydropower, Sonya F. P. Ziaja

Natural Resources Journal

Optimization models for California’s hydropower system are designed to be decision-support tools and aids for climate adaptation decision-making. In practice, they fall short of this goal. One potential explanation is that optimization models are not more successful because they are built on, and depend on, a misrepresentation of law and politics. The legal reality of California’s hydropower system is a web of networked jurisdictions of multiple federal and state agencies, with varying levels of coordination, long periods of legally obligated stability with rigid rules, and prone to conflict, but with multiple procedures for conflict resolution. Barriers to climate adaptation from …