Land Use Law Commons^™

Our Town: Local Governments Play Larger Role In Environmental Policy, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

People normally perceive environmental law to be a piecemeal of federal laws mostly concerned with terminating pollution from point sources, such as smoke stacks or water pipes. Land use law on the other hand, is normally a local undertaking, often ignoring national or even regional issues. Today’s new breed of environmental problems, such as sprawl, require that different levels of government work together to create a comprehensively planned land use strategy in order to mitigate long-term environmental degradation. Through the use of financial incentives and other tools, larger bodies of government help encourage local governments to take the necessary steps …

The Limits Of Localism, Richard C. Schragger

Michigan Law Review

In Chicago v. Morales, the Supreme Court struck down Chicago's Gang Congregation Ordinance, which barred "criminal street gang members from loitering with one another or with other persons in any public place." The stated purpose of the ordinance was to wrest control of public areas from gang members who, simply by their presence, intimidated the public and established control over identifiable areas of the city, namely certain inner-city streets, sidewalks, and corners. The ordinance required that police officers determine whether at least one of two or more persons present in a public place were members of a criminal street gang …

Local Protection: Raising A Matter Of 'Sovereign Concern', John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Challenges to the expansion of local initiatives aimed at local environmental protection question the powers delegated to municipal governments from the state. New York case precedent suggests that express and implied police power authority conferred from the state to municipalities is a broad concept and includes the power to protect natural resources, scenic views, and other environmental concerns. Through the use of this power, localities are better able to meet the environmental challenges they are faced with by using innovative grass-roots initiatives

Revising State Recreational Use Statutes To Assist Private Property Owners And Providers Of Outdoor Recreational Activities, Terence J. Centner

Buffalo Environmental Law Journal

No abstract provided.

A Preliminary Survey Of The Sewage Pumpout Facilities In The No Discharge Areas Of Massachusetts, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

This survey provides a preliminary review of the activities of pumpout facilities in the No Discharge Areas of Massachusetts. It highlights areas of concern, identifies potential improvements and focuses further research.

Based on data from Massachusetts Coastal Zone Management, there are 100 pumpout facilities in Massachusetts, located in 56 towns. Of these 52, have one or more pumpout boats. Due to financial limitations and the time available, any attempt to survey all these facilities was beyond the scope of this study. However, it had been suggested that from CZM’s, DMF’s and EPA’s standpoint, the areas of greatest interest were those …

Should Municpalities Be Liable For Development-Related Flooding, Steven Frederic Lachman

Natural Resources Journal

No abstract provided.

Battle For The Ages: Defining Federal Power To Affect Local Land Use, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Under the 10th Amendment, the United States Constitution allows states to control land use within their jurisdiction. The federal government therefore, in its efforts to mitigate environmental damages caused by sprawl and over development, is limited to federal statutes carried about by federal agencies such as the Environmental Protection Agency managed Clean Water Act. Although these federal programs are helpful at reducing pollution from point sources, they are precluded from regulating non-point sources, such as the increased storm water run-off caused by expanding development. Through federally backed programs, states could support regional land use planning that would encourage stronger environmental …

Supreme Court Takes A Look At Takings, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

In the case of Pazzalo v. Rhode Island the United States Supreme Court reversed a determination by the Rhode Island Supreme Court which held that land owners had no right to sue for a regulatory taking if the land owners purchased title to land on which a preexisting restriction existed. Before this case, the rule in New York also precluded landowners from challenging land use regulations that existed at the time they purchased land. After holding that a regulatory takings challenge existed, the Supreme Court remanded the case back to Rhode Island to decide whether the preexisting regulations affected the …

The Nile River: Potential For Conflict And Cooperation In The Face Of Water Degradation, Kristin Wiebe

Natural Resources Journal

No abstract provided.

In Our Backyards: Analyzing Local Authority To Adopt Environmental Laws, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

While the authority of municipalities to partake in land use decisions is a well-established concept, a question often arises concerning local legislative authority to adopt environmental laws. This article discusses some of the arguments advocating local environmental authority by highlighting the correlation between land use law and environmental law. Also discussed in this article, is the authority granted to local governments by the state legislature and court decisions to mitigate adverse environmental impacts.

Just And Unjust Compensation: The Future Of The Navigational Servitude In Condemnation Cases, Alan T. Ackerman, Noah Eliezer Yanich

University of Michigan Journal of Law Reform

In 1967, the U.S. Supreme Court, in United States v. Rands, expanded the navigational servitude doctrine governing the federal government's power over land adjoining a navigable waterway by severely qualifying the government's Fifth Amendment obligation to compensate the landowner. This Article addresses the issue in the following ways: Part I surveys Congress' power to regulate navigable waters under the Commerce Clause. Part II summarizes the development of the navigational servitude doctrine and some of its inhibitory effects on waterfront development, especially under Rands. It explains the fundamental unfairness of the Rands principle and demonstrates why this constitutional rule …

Understanding Sprawl: Lessons From Architecture For Legal Scholars, Mark S. Davies

Michigan Law Review

What is suburban "sprawl"? Why is it undesirable? Why do many Americans nevertheless choose to live in sprawl? Do local zoning laws contribute to sprawl? Can democratic institutions discourage it? Legal scholars are beginning to study these urgent and complex questions. This Essay reviews Suburban Nation: The Rise of Sprawl and the Decline of the American Dream, by Andres Duany, Elizabeth Plater-Zyberk, and Jeff Speck, leading architects of the influential New Urbanism or traditional town planning movement. This review makes five points about the legal study of sprawl. First, Suburban Nation provides a definition of "sprawl" that the law can …

Smart Growth: The Duty To Supply Water To Developing Regions, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

As land development increases across the United States, concerns grow about sustaining an adequate fresh water supply. In fact, states such as Connecticut, an east coast state, where water is thought to be prevalent in comparison to many western states, are already facing water shortages as evidenced by interruptions in stream flow and other factors. Through the use comprehensive governmental action, including smart growth techniques, federal, state, and local governments have an opportunity to mitigate water shortages in states like Connecticut by integrating governmental processes and increases in scientific research.

Integrating Water Management And Land Use Planning: Uncovering The Missing Link In The Protection Of Florida's Water Resources?, Mary Jane Angelo

UF Law Faculty Publications

Except for limited provisions, Florida law does not establish a formal link between land planning and water planning. In light of the importance of water resources for the future development of the State, this is a significant "missing link."

This article explores the link between water management and land use planning. First, in Section II, this article provides an overview of water management in Florida. Then, in Section III, this article analyzes the differences between planning and regulatory permitting and asserts that both are needed for effective protection of water resources. Section IV reviews the current role that land use …

Marketing Western Water: Can A Process Based Geographic Information System Improve Reallocation Decisions, Olen Paul Matthews, Louis Scuderi, David Brookshire, Kirk Gregory, Seth Snell, Kate Krause, Janie Shermak, Bradley Cullen, Michael Campana

Natural Resources Journal

No abstract provided.

Fred Bosselman As Participant-Observer Lawyer: The Case Of Habitat Conservation Planning, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

Tribute To The Achievements Of Professor Fred P. Bosselman, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

The Recapture Of Public Value On The Termination Of The Use Of Commercial Land Under Takings Jurisprudence And Economic Analysis, Donald C. Guy, James E. Holloway

Brigham Young University Journal of Public Law

No abstract provided.

Tree Preservation Ordinances: Sacrificing Private Timber Rights On The Diminutive Altar Of Public Benefits, Brian E. Daughdrill, Kathryn M. Zickert

Mercer Law Review

Georgia is a state dominated by its forests and forest industries. Forests have defined the state since it was settled in the 1730s. Early settlers of the state enjoyed both the bounty provided by Georgia's forests and the use of those forests as they cleared land and built homes. Early forest products, in addition to lumber, included naval stores, "a tar-like substance which was used to caulk the seams of wood ships;" and live oak "knees," curved portions of the tree used as deck supports in wooden ship building. Indeed, Revolutionary War hero Nathaniel Greene, who had vast holdings on …

Land Use Planning Over The Last Forty Years: Fighting Sprawl Through Smart Growth Planning, Richard J. Ansson Jr.

Nevada Law Journal

No abstract provided.

Our Town: What Is The Role Of Local Government In Environmental Law?, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The scope of environmental law extends beyond the federal statutes most people associate with protecting the natural world. At both the state and local level, governments have broad authority to protect the environmental integrity within their jurisdiction. State legislation such as New York’s State Environmental Quality Review Act (SEQRA) affect all government actions that may have a negative environmental impact. Furthermore, local governments, using tools originally created to enhance the value and safety of property are now using this authority, and other more novel methods, to mitigate negative environmental impacts. This article gives a brief synopsis on the background of …

Brief For Respondents, Palazzolo V. Rhode Island Ex. Rel. Tavares, No. 99-2047 (U.S. Jan. 3, 2001), Richard J. Lazarus

U.S. Supreme Court Briefs

No abstract provided.

A Role For State Planning, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

Infrastructure For Commerce, Michael B. Likosky

Northwestern Journal of International Law & Business

While the government presents the MSC as the embodiment of the future, structurally it bears remarkable resemblance to the colonial legal orders. The enclave nature of the MSC is reminiscent of the colonial dual legal orders. At the same time, the international legal and economic orders have undergone profound changes. The international legal order is now premised on sovereign absolutism and equality among nation-states. The reigning economic paradigm is high technology rather than manufacturing or the spice trade. Discussion of the continuities and discontinuities between colonial and present day transnational legal orders must thus attend to a number of variables. …

Transactional, Social, And Legal Aspects Of Oil Exploration And Extraction In Colombia, Juan Carlos Palau

Northwestern Journal of International Law & Business

In Colombia, as in many other countries with oil reserves potential, the government has sought to reduce the activity's inherent high degree of un-certainty by shaping the legal and economic environment that foreign com-panies have to operate in, making it more profitable and attractive for them.16 This paper seeks to accurately represent this environment to the pro-spective investor, starting with the structures of the two basic transactions, referred to herein as "modes", through which most commonly, foreign com-panies participate in the oil industry in Colombia, namely, the Standard As-sociation Mode ("S.A.M") and the Risk Sharing Mode ("R.S.M.").17 The contractual agreements …

Implementing Everglades Restoration, Mary Doyle

Articles

No abstract provided.

Washington's Vested Rights Doctrine: How We Have Muddled A Simple Concept And How We Can Reclaim It, Roger D. Wynne

Seattle University Law Review

The article explores many of the problems with the details of the vested rights doctrine and outlines a statutory solution to them.' Part I examines the inconsistent rationales that underlie the various manifestations of the doctrine. The differences between the "mandamus" and "fairness/certainty" rationales help explain some of the confusion that has become a fixture of the doctrine. Part II discusses a host of issues that the doctrine fails to resolve adequately. It groups these issues into four fundamental questions, the divergent answers to which often form the key dispute in any vested rights case: (1) to which types of …

South Camden And Environmental Justice: Substance, Procedure, And Politics, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

No abstract provided.

From Reclamation To Sustainability: Water, Agriculture, And The Environment In The American West, By Lawrence J. Macdonnell, Denise D. Fort

Natural Resources Journal

No abstract provided.

Shaping The Modern West: The Role Of The Executive Branch, John D. Leshy

University of Colorado Law Review

No abstract provided.