Land Use Law Commons^™

Recent Developments In American Indian Law

American Indian Law Review

No abstract provided.

Determining Ripeness Of Substantive Due Process Claims Brought By Landowners Against Local Governments, David S. Mendel

Michigan Law Review

Landowners who sustain economic harm from arbitrary and capricious applications of land use regulations may sue the local government entities responsible for applying those regulations under 42 U.S.C. § 1983, alleging that the local government entities deprived them of substantive due process in violation of the Fourteenth Amendment. A landowner who brings this claim - an "as-applied arbitrary and capricious substantive due process" claim - may in appropriate cases seek declaratory and injunctive relief, damages, and attorney's fees. Despite controversy among courts and commentators over both the definition of property interests protected by the Due Process Clause and the standard …

The Ethical Implications, Political Ramifications And Practical Limitations Of Adopting Sustainable Development As National And International Policy, Gary D. Meyers, Simone C. Muller

Buffalo Environmental Law Journal

This paper is a revised version of a presentation given by Dr. Meyers at the International Conference on a Sustainable Society, Kobe, Japan (March 19-21, 1994).

Livestock Production: The Unsustainable Environmental And Economic Effects Of An Industry Out Of Control, Robert H. Smith

Buffalo Environmental Law Journal

No abstract provided.

Implementing The Public Welfare Requirement In New Mexico's Water Code, Consuelo Bokum

Publications

Despite the fact that the New Mexico legislature added a public welfare criterion to the water code over 10 years ago, the State Engineer Office has not addressed the application of the criterion by regulation and has only addressed the public welfare briefly in a few decisions. There is almost no case law in New Mexico addressing this issue. More and more participants, however, are raising public welfare in water rights protests. This paper addresses how the public welfare criterion has developed in western water law and proposes an approach for use of the criterion in New Mexico.

Environmental Justice And Native Americans: The Mescalero Apache And Monitored Retrievable Storage, Kristin Shrader-Frechette

Natural Resources Journal

No abstract provided.

An Alternative To Ready, Fire, Aim: A New Framework To Link Environmental Targets In Environmental Law, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

This Article begins with a brief overview of the state of the environment and the lessons learned from the early development of the command and control system. It then explores recent reform proposals and the scholarship on the democratic impact of means-based approaches. The Article next examines the new model that is emerging in the Netherlands and other countries, and identifies the critical feature of the new model: the development of context for environmental decisionmaking at each of the three levels discussed above. The Article concludes by analyzing the implications of this Framework Approach for the environmental debate and for …

Reform Of The Endangered Species Act: Overview Of Administrative Reforms [Congressional Hearing Material Submitted By Bruce E. Babbitt, Secretary, Department Of Interior], Dinah Bear

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

31 pages.

Essential Elements Of Amendments To The Endangered Species Act, John Harja

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

14 pages.

Endangered Species Act Reform Proposals: An Environmentalist’S Perspective, Wm. Robert Irvin

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

11 pages.

A Tribal Perspective On Esa Reform, Ted Strong

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

4 pages.

How The Regulated Community Views Regulation To Protect Living Resources: The Endangered Species Act, Biological Diversity, And Ecosystem Management, Steven P. Quarles

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

21 pages.

Contains footnotes.

The Endangered Species: The Urban Water Utility Perspective, Chips Barry

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

24 pages.

The Esa, Water Rights, And Regulatory Takings, Barton H. Thompson, Jr.

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

28 pages.

Contains 2 pages of references.

The Endangered Species Act: Tramping On Tribal Rights?, Robert S. Pelcyger

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

32 pages.

Contains footnotes.

Habitat Based, Multi-Species Hcps: Lessons From The Northwest, James A. Kraft

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

9 pages.

Landscape Scale Habitat Conservation Plans: The California Experience, Lindell L. Marsh

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

24 pages.

Contains 3 pages of references.

Lessons From Reintroduction: The Bear And The Wolf, Michael Roy

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

15 pages.

Contains 1 page of references.

The Endangered Species Act: Crystallizing Ecosystem Management, George T. Frampton Jr.

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

15 pages.

Waiting To Exhale Under The Esa: The Evolution Of Hcps And Section 4(D) Rules, Donald J. Barry

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

16 pages.

The Sonoran Desert Tortoise And The Mexican Spotted Owl: The High Road And The Slow Road To Conservation, Duane L. Shroufe

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

13 pages.

Agenda: Biodiversity Protection: Implementation And Reform Of The Endangered Species Act, University Of Colorado Boulder. Natural Resources Law Center

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

Conference organizers and/or faculty included University of Colorado School of Law professors Betsy Rieke, David H. Getches, Michael A. Gheleta and Charles F. Wilkinson.

All across the country--in Congress, in state legislatures and in urban and rural communities--people are discussing why we should or should not protect biodiversity and how best to do so. Since the Endangered Species Act is up for reauthorization, a variety of reform proposals are being debated. Speakers--including natural resource scholars, experts from the private and nonprofit sectors, and government officials--will examine the rationale for biodiversity protection, the legal framework of the Endangered Species Act, and …

Rivers As Legal Structures: The Examples Of The Jordan And The Nile, Joseph W. Dellapenna

Natural Resources Journal

No abstract provided.

Local Government Land Use Law: Tort And Mandamus Issues, Oregon Law Institute, David A. Ernst, Michael C. Robinson, Timothy V. Ramis, James H. Van Dyke, Michael A. Holstun, Richard Whitman, Edward J. Sullivan, Jeffrey G. Condit, James R. Herald, Wendie L. Kellington, John H. Nelson

Oregon Law Institute, 1996

Course Materials from the March 8, 1996 Program in Portland

Euclid At Threescore Years And Ten: The Twilight Of Environmental And Land-Use Regulation?, Loren A. Smith, Charles M. Haar, James E. Krier, William A. Mcdonough

University of Richmond Law Review Symposium

"Life, Liberty, and Whose Property" lecture given by Loren A. Smith, Chief Judge, United States Court of Federal Claims.

"Is this the Twilight of Land Use Controls?" lecture given by Charles M. Haar, Professor of Law at Harvard University Law.

"Capture and Counteraction: Self-Help and Environmental Zealots" lecture given by James E. Krier, Earl Warren Delano Professor of Law, University of Michigan.

"Ecology and Aesthetics: Our Future and the Making of Things" lecture given by William A. McDonough, Dean and Elson Professor, University of Virginia School of Architecture.

A Trust For Whom?: Managing Colorado's 3 Million Acres Of State Land, John M. Evans, Reeves Brown, Mark A. E. Burget, University Of Colorado Boulder. Natural Resources Law Center

A Trust for Whom?: Managing Colorado's 3 Million Acres of State Land: A Critique of the Constitutional Amendment (February 5)

14 pages.

Includes biographical information for John M. Evans, Reeves Brown, and Mark A. E. Burget.

State Land Board Commissioner Maxine Stewart was also a speaker for this program, but did not submit any written materials.

Contents:

A trust for whom? managing Colorado's 3 million acres of state land : a critique of the constitutional amendment / prepared by John Evans -- A cattlemen's [sic] perspective of state land management / presented by Reeves Brown -- Remarks outline / Mark A. E. Burget

Program was presented on Monday, February 5, 1996 at the offices of Holland & Hart in Denver, …

Limitations Inherent In The Title To Wetlands At Common Law, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

A Real Lulu: Zoning For Group Homes And Halfway Houses Under The Fair Housing Amendments Act Of 1988, 29 J. Marshall L. Rev. 369 (1996), Daniel Lauber

UIC Law Review

No abstract provided.

Land Registration And Land Reform In South Africa, 29 J. Marshall L. Rev. 809 (1996), F.G.T. Radloff

UIC Law Review

No abstract provided.

'Trespassers, Beware': Lyda Burton Conley And The Battle For The Huron Place Cemetery, A. Kimberley Dayton

Faculty Scholarship

Lyda Burton Conley, Kansas attorney and direct descendant of the great Wyandot Chief Tarhe, appeared before the Supreme Court in January, 1910 to appeal a dismissal of a lawsuit she had filed against Secretary of the Interior James Garfield in 1907. She was seeking a permanent injunction to prevent the sale of a parcel of land in which her ancestors were buried, by the federal government to private developers. This case appears to be the first on record in which a plaintiff argued that the burying grounds and cemeteries of Native American peoples are entitled to federal protection. This lawsuit …