Land Use Law Commons^™

Slides: Recommended Best Management Practices For Plants Of Concern: Practices Developed To Reduce The Impacts Of Oil And Gas Development Activities To Plants Of Concern, Brian Kurzel, Colorado Rare Plant Conservation Initiative

Best Practices for Community and Environmental Protection (October 14)

Presenter: Brian Kurzel, Colorado Natural Areas Program (CNAP)

27 slides

Slides: Environmentally Friendly Drilling Systems Program (Efd), Rich Haut

Best Practices for Community and Environmental Protection (October 14)

Presenter: Rich Haut, Houston Advanced Research Center

23 slides

Slides: Innovative Best Practices For The Western Slope: Stormwater Management Solutions And Philosophy For The Oil And Gas Industry, Kyle N. Schildt

Best Practices for Community and Environmental Protection (October 14)

Presenter: Kyle N. Schildt, P.E., LT Environmental, Inc.

12 slides

Slides: Rifle, Silt, New Castle Community Development Plan: A Collaborative Planning Approach To Natural Gas Development, Peggy Utesch

Best Practices for Community and Environmental Protection (October 14)

Presenter: Peggy Utesch, Movin' Forward Consulting

25 slides

Slides: Bmp Project, Kent Kuster

Best Practices for Community and Environmental Protection (October 14)

Presenter: Kent Kuster, Consultation Coordinator, Colorado Department of Public Health and Environment (CDPHE)

17 slides

Slides: Comprehensive Drilling Plans, Dave Neslin

Best Practices for Community and Environmental Protection (October 14)

Presenter: Dave Neslin, Director, Colorado OIl and Gas Conservation Commission (COGCC)

8 slides

Slides: The Use Of Terrestrial Cyanobacteria For The Rehabilitation Of Arid Soils: Not Just Another Good Idea, Timothy Flynn

Best Practices for Community and Environmental Protection (October 14)

Presenter: Dr. Timothy Flynn, Primordial Solutions Inc.

42 slides

Slides: Intermountain Oil And Gas Bmp Project, Kathryn Mutz

Best Practices for Community and Environmental Protection (October 14)

Presenter: Kathryn Mutz, Natural Resources Law Center

19 slides

Slides: Introduction To Constructive Engagement In The Oil And Gas Industry, Susan T. Wildau, Christopher W. Moore

Best Practices for Community and Environmental Protection (October 14)

Presenters: Susan T. Wildau and Christopher W. Moore, CDR Associates (Collaborative Decision Resources), Boulder, CO

22 slides

Waste No Land: Property, Dignity And Growth In Urbanizing China, Eva M. Pils

Cornell Law Faculty Working Papers

The Chinese state does not allow rural collectives to sell land, but takes land from them and makes it available on the urban property market. While rural land rights are thus easily obliterated, the newly created urban rights in what used to be rural land enjoy legal protection. The state justifies these land takings by the need for urbanization and economic growth. The takings have resulted in an impressive contribution of the construction and property sector to state revenue and GDP growth, but also in unfairness toward peasants evicted from their land and homes. The example discussed here shows that …

Land & Water Planning: Another State's Perspective - Water Resources Regional Plan Policies, Kathleen M. Chavez, P.E.

Publications

No abstract provided.

Introduction: The Sustainability Principle, Irma S. Russell

Faculty Works

No abstract provided.

New Ruralism, Emily M. Stratton

Land Use Clinic

This paper explores how New Ruralism expounds upon the principles behind New Urbanism, showcases examples of local communities experimenting with the novel idea, and addresses the potential of the movement to be a nationwide occurrence.

Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry

Indiana Law Journal

No abstract provided.

The Land Use Stabilization Wedge Strategy: Shifting Ground To Mitigate Climate Change, John R. Nolon

William & Mary Environmental Law and Policy Review

This article describes how local governments, through the clever application of existing land use techniques, can mitigate climate change. This strategic path follows one developed by Princeton professor Robert Socolow, who identified and described fifteen categories for organizing society's climate change mitigation efforts.1 Five of Socolow's strategic categories fall within the reach of local land use authority: reduced use of vehicles, energy efficient buildings, vegetative carbon sequestration, wind power, and solar power.2 Through the aggregation of these local land use techniques, significant energy savings and carbon dioxide ("C02") reduction can be achieved. After making some background points, this article describes …

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

William & Mary Environmental Law and Policy Review

No abstract provided.

Biophilic Urbanism: Inviting Nature Back To Our Communities And Into Our Lives, Timothy Beatley

William & Mary Environmental Law and Policy Review

No abstract provided.

Climate Change And Sustainable Development: The Quest For Green Communities, Part I, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This is the first of two commentaries that explore the role of local governments in mitigating and adapting to climate change through sustainable development strategies. They focus on the significant authority to regulate land use and building construction that is delegated to local governments by their states, and how that authority can be coordinated with the roles and responsibilities of state and federal governments to manage climate change and achieve sustainable development.

The Captures Clause, Ingrid Wuerth

Vanderbilt Law School Faculty Publications

The Captures Clause of the United States Constitution gives Congress the power to "make Rules concerning Captures on Land and Water." A variety of courts, scholars, politicians and others have recently cited the Clause to support conflicting arguments about the scope of Congress’s power to initiate and prosecute war. Some claim or assume that the Captures Clause gives Congress power over the taking and detention of people, while others conclude that the power is limited to property only. Similarly, those who view Congress’s power broadly understand the Captures Clause as giving Congress the power to determine what (or whom) may …

Cityland – Vol. 6, No. 8, Center For New York City Law

CityLand - 2009

The September 2009 issue of CityLand highlights key land use and preservation developments in New York City. The City Council approved a special permit for a residential project in Carnegie Hill and denied a sidewalk café permit for Spitzer’s Corner on the Lower East Side. The City Planning Commission held hearings on the FRESH grocery store incentive program, the Carroll Gardens/Columbia Street rezoning, and a City Island development seeking a height waiver. The Commission also approved the Sunset Park rezoning plan. BSA decisions included variances for residential use in Mott Haven and a rear yard waiver in Crown Heights. Landmark …

Rising Tides--Changing Title: Court To Mull Takings Issue, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The United States Supreme Court has granted certiorari in Walton County v. Stop the Beach Renourishment, Inc., where novel questions arose concerning sea level rise and constitutional property rights of beachfront landowners. In Florida, the state government owns in trust, all beach property below the mean high tide water line, while beachfront landowners own the rights to any land above the mean high tide water line. The line shifts along with beachfront as the beach expands and contracts. In this Florida case, landowners challenge a state statute, which precludes the ocean property line from shifting in favor of the private …

Cityland – Vol. 6, No. 7, Center For New York City Law

CityLand - 2009

The August 2009 issue of CityLand covers major land use, zoning, and preservation developments in New York City. The City Council approved the Port Authority’s ARC rail station project, rezoning plans for Middle Village/Maspeth, Flatbush, DUMBO, and Greenpoint-Williamsburg, and a modified Coney Island revitalization plan with increased affordable housing and preservation of the Wonder Wheel. The Department of City Planning withdrew its Brighton Beach rezoning proposal due to stakeholder disagreements. Landmark coverage includes final approval of the St. Vincent’s Hospital redevelopment, hearings on the West Park Presbyterian Church and IRT Powerhouse designations, and criticism of a proposed rooftop addition in …

Urbanites Versus Rural Rights: Contest Of Local Government Land-Use Regulations Under Washington Preemption Statute 82.02.020, Donya Williamson

Washington Law Review

In Citizens’ Alliance for Property Rights v. Sims, the Court of Appeals of Washington held that King County clearing and grading regulations—recently enacted pursuant to the Washington State Growth Management Act—constitute an unlawful “tax, fee, or charge” on the development of land, thereby violating a Washington excise tax preemption statute. The court ruled that the clearing limitations do not qualify under the statutory exception for mitigation of development impacts since they are not calculated on a site-by-site basis. This Note argues that the ruling greatly expands the scope of this statutory limitation on local land-use regulation, compromises Growth Management …

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

CityLand - 2009

The July 2009 issue of CityLand highlights major land use, zoning, and preservation developments in New York City. The City Council approved Fordham University’s Lincoln Center expansion plan with modifications to building height and bulk, and passed Two Trees Management’s Dock Street DUMBO development despite controversy over views of the Brooklyn Bridge. The Council also approved rezoning plans for Canarsie, Cord Meyer–Forest Hills, and the Lower Concourse in the Bronx, aiming to preserve neighborhood character and improve waterfront access. The City Planning Commission advanced the modified Coney Island redevelopment plan. BSA decisions included vested rights approval for a Lower East …

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Following Industry's Leed: Municipal Adoption Of Private Green Building Standards, Sarah Schindler

Sturm College of Law: Faculty Scholarship

Local governments are beginning to require new, privately constructed and funded buildings to be “green” buildings. Instead of creating their own, locally-derived definitions of green buildings, many municipalities are adopting an existing private standard created by members of the building industry: LEED (Leadership in Energy and Environmental Design). This Article explains and assesses the privately promulgated LEED standards. It argues that the translation of LEED standards, which were intended to be voluntary, into law raises several theoretical and practical problems. Specifically, private green building ordinances that rely on LEED do not ensure a reduction in the negative local environmental impacts …

Cityland – Vol. 6, No. 5, Center For New York City Law

CityLand - 2009

The June 2009 issue of CityLand covers major land use and preservation developments in New York City. The City Council approved Two Trees Management’s controversial Dock Street DUMBO development and its Clinton Park mixed-use tower. The City Planning Commission held hearings on the comprehensive Coney Island rezoning and a proposed Brighton Beach rezoning, both met with community concerns. Staten Island’s Cross Access Connection proposal was advanced to reduce traffic congestion. Landmark coverage includes the designation of the Fillmore Place and Audubon Park Historic Districts, and hearings on the St. Vincent’s Hospital redevelopment and a preschool conversion in the Upper West …

Science Tools To Implement Ecosystem Based Management In Massachusetts (Draft), Mrag Americas, Incorporated, Massachusetts Ocean Partnership, Woods Hole Oceanographic Institute, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

In this report we provide a framework for implementing ecosystem based management (EBM) and suggest a range of science information tools and their appropriate application to the decision making process. These tools can be broadly classified as modeling tools, decision analysis tools, and indicators. Modeling tools allow the user to organize data, communicate scientific findings to management and stakeholder audiences, and test alternative management scenarios. When used unwisely, however, models can preclude options, present unusable scenarios, generate results in scales that differ from management needs, and impose huge time, data, and technical requirements (Manno et al., 2008). Decision analysis tools …

The Genesis Of Portland's Forest Park: Evolution Of An Urban Wilderness, Elizabeth M. Provost

Dissertations and Theses

Portland, Oregon, is steward to a 5,126 acre wilderness park called Forest Park. The park's size and proximity to downtown make it a dominate feature of Portland's skyline. Despite its urban location the park provides respite from city life with its seventy miles of trails, which wind through stands of Douglas fir, western red cedar, and western hemlock. Portland citizens enjoy this easy access to nature as well as the park's health and environmental benefits.

However, few people know of the park's history and how its journey toward parkhood reflects the changing values of Portland's citizens over time. Starting with …

Slides: Groundwater Law And Administration: From Conflict To Reform, Michael A. Gheleta

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

Presenter: Michael A. Gheleta, Brownstein Hyatt Farber Schreck LLP, Denver, CO

14 slides