Land Use Law Commons^™

Shifting The Uses Of Water In The West: An Overview, Lawrence J. Macdonnell

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

31 pages.

Contains references.

Sources Of Water Ii: Federal Water Projects, Bruce C. Driver

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

46 pages.

Contains references.

Utah's School Trust Lands: A Century Of Unrealized Expectations, Matthew J. Harmer

Brigham Young University Journal of Public Law

No abstract provided.

From Parratt To Zinermon: Authorization, Adequacy, And Immunity In A Systematic Analysis Of State Procedure, Daniel S. Feder

Cardozo Law Review

No abstract provided.

Police And Regulatory Power Vs. Pecuniary Interests: The Bankrupt Hazardous Waste Site Owner Faces The Music. United States V. Nicolet, Inc., 857 F.2d 202 (3d Cir.1988), Douglas L. Hayes

Natural Resources Journal

No abstract provided.

Citzen Enforcement Of Clean Water Act Violations; The Supreme Court Steers A New Course Over Muddied Waters; Gwaltney Of Smithfield, Ltd. V. Chesapeake Bay Foundation, Inc., Sergio J. Viscoli

Natural Resources Journal

No abstract provided.

In Re Rights To Use Water In The Big Horn River 753 P.2d 76 (Wyo. 1988), Peg Rogers

Natural Resources Journal

No abstract provided.

That Old Due Process Magic: Growth Control And The Federal Constitution, Keith R. Denny

Michigan Law Review

This Note argues that the interests of nonmunicipal federal citizens in being able freely to migrate about the nation are not adequately accounted for in a due process analysis which sanctions regulations with any, even a debatable, relation to the public welfare.

More adaptable and appropriate are the constitutional safeguards designed to protect the interests of nonmunicipal federal citizens: the privileges and immunities clause, the right of interstate travel, and the commerce clause. This Note concludes that GCOs should be measured against these safeguards and not the standards of the due process clause. When so reviewed, GCOs are found wanting. …

The Underground Conflict: Should Caves Be Designated As Wilderness?, Lorenzo Miller

Brigham Young University Journal of Public Law

No abstract provided.

Our Nation's Energy And Resources - Decision Making In Conflict, 23 J. Marshall L. Rev. 197 (1990), Wallace H. Johnson

UIC Law Review

No abstract provided.

Toward A Housing Imperative And Other Reflections On Balanced Growth And Development, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

In a series of recent cases, the New York courts have commented on the legislative acts of the state and local governments which have restricted or expanded the access to housing for limited income households or minorities. From these holdings, we can glimpse the outlines of a housing imperative: an emerging right running generally to low and moderate income households and minorities not to be excluded from living in any given community. As important, there also emerges the understanding that our legislators are empowered to act decisively to solve New York's much-lamented housing problem.

Death By Sepa: Substantive Denials Under Washington's State Environmental Policy Act, Roger Pearce

Seattle University Law Review

This Comment seeks to answer the question raised by West Main II and Cougar Mountain of what procedural processes and substantive policies may be used in SEPA-based denials. After examining the nature of substantive SEPA authority and the relationship between substantive SEPA and Washington's vested rights doctrine, the Comment will discuss West Main II and Cougar Mountain and will argue that the two cases are consistent. It will then provide an informative assessment of the current limits of substantive SEPA authority. The Comment concludes by suggesting the following legislative or judicial changes in SEPA law: earlier vesting of SEPA policies, …

Schneidewind V. Anr Pipeline 485 U.S. 293 (1988), Peter Wirth

Natural Resources Journal

No abstract provided.

First Amendment And Land Use, In Recent Developments In Land Use, Planning, And Zoning, Alan C. Weinstein

Law Faculty Articles and Essays

Once again in the past year, the U.S. Supreme Court has entered an opinion involving the first amendment that has significant ramifications for local zoning and planning. This marks the third time since 1986 that the Court has handed down a decision in this field. The most important development in this area of the law since last year's committee report is the Supreme Court's decision in FW/PBS, Inc. v. City of Dallas, which addressed the validity of a comprehensive adult entertainment zoning and licensing ordinance enacted by Dallas in 1986. FW/PBS was followed with great interest because it marked the …

New Direction For Preservation Law: Creating An Environment Worth Experiencing, Douglas O. Linder

Faculty Works

No abstract provided.

Green Property, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

This essay begins an effort to imagine legal principles that further ecological values and to criticize extant principles that embody the antithetical values of exploitation and consumption. I will focus on the transformation of property law inherent in adopting an environmentally sustainable land use program.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Maritime Drug Law Enforcement Act is Applicable to Aliens on Foreign Vessels Outside the Territory of the United States--Fourth Amendment Held Inapplicable to Searches and Seizures on the High Seas, United States v. Davis, 905 F.2d 245 (9th Cir. 1990)

Executive Order Authorizing Naturalization for Aliens Serving in Designated Geographical Areas During Grenada Campaign Struck Down--President Reagan Held to Have Exceeded His Authority--Severability of Order Impossible as President Did Not Intend that All Aliens Serving in United States Forces at Time of Campaign Become Citizens--Reyes v. United States Dep't. of Immigration & Naturalization, No. 89-55403 (9th Cir. 1990).

Provision of …

Extinguishment Of Easements: Division Of Proceeds Clauses, William T. Hutton

Faculty Scholarship

No abstract provided.

Enterprise Zones: A Decade Of Diversity, Michael Allan Wolf

Law Faculty Publications

A full decade has passed since Enterprise Zones (EZs) were first proposed as a program to help revive the most depressed pockets of America's cities and towns. Activity on the federal level pales in comparison to the impressive variety of approaches found in states throughout the country. In this "second generation of enterprise zones" --that is, state zones in operation-we can observe some marked shifts away from original EZ theory, some impressive and innovative techniques, and some glaring weaknesses. The agenda for the next few years, as American EZs continue to evolve (perhaps complemented soon by a substantive federal program), …

Our Localism: Part Ii – Localism And Legal Theory, Richard Briffault

Faculty Scholarship

A central theme in the literature of local government law is that local governments are powerless, incapable of initiating programs on behalf of their citizens or of resisting intrusions by the state. How can scholars make this claim when under state legislation and federal and state judicial decisions local autonomy plays a critical role in the law of school finance, land-use regulation and local government formation and preservation? As we have seen, a partial response turns on the varying assessments of the nature of power. But much of the answer also has to do with differing assumptions about the underlying …

The Lessons Of Miller And Hudnut: On Proposing A Pornography Ordinance That Passes Constitutional Muster, Martin Karo, Marcia Mcbrian

University of Michigan Journal of Law Reform

This Note first reviews the evolution of obscenity law, concentrating on the modern obscenity test formulated in Miller v. California, including its requirement that any obscenity prosecution must be based on a state statute, not merely on the common law. It then examines the elements of the Miller test, arguing that legislatures may determine statewide "community standards" of patently offensive depictions of sexual conduct and discusses the permissibility of legislative expansion of pornography regulation beyond the present boundaries. Part II examines the federal courts' analysis of the civil rights-based antipornography ordinance passed in Indianapolis. Part III suggests standards for …

Interior Turns Off Tap For Wilderness Areas, M. Gloria Tristani

Natural Resources Journal

No abstract provided.

Using Surveys To Value Public Goods: The Contingent Valuation Method, Raymond Price

Natural Resources Journal

No abstract provided.

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.

The Problems Of Rural Reindustrialization: A Case Study Of Monroe, Massachusetts, Jeanne H. Armstrong, John R. Mullin

New England Journal of Public Policy

Owing to the departure of the mill industry from rural New England, many small towns have suffered erosion of their economic base. These towns and villages face a declining population, vacant mills, and an aging workforce. Monroe, Massachusetts, is an example of the problems of rural reindustrialization. This article concludes that state intervention is required for the restoration of productivity.

Growth Management In The 1980s: A New Consensus And A Change Of Strategy, Susan M. Sinclair

New England Journal of Public Policy

After a decade of relative silence on the issue of land use planning, legislatures in several states are reassessing the relative roles of state and local governments in the management of growth and development. When state governments first addressed the land use issue in the late 1960s and the early 1970s, environmental concerns dominated the debate. During this period a number of states established regulatory mechanisms for bringing certain kinds of development under state review. During the late 1970s and early 1980s there was a hiatus in state-level activity on land use issues. Since 1985, however, the issue has reemerged …

Regulatory Taking Doctrine In Washington: Now You See It, Now You Don't, Richard L. Settle

Seattle University Law Review

Within a recent two-month period, the Washington Supreme Court issued decisions in two major regulatory taking cases, Orion Corporation v. State, and Allingham v. City of Seattle. In both cases, land use regulations were challenged on the basis of the taking clauses of the federal and state constitutions. This Article analyzes and critically assesses Orion's ambitious doctrinal initiative in light of the Allingham enigma and charts a tentative course toward more coherent regulatory taking doctrine. A pervasive and hopeful theme of the Article is that a latent, largely unarticulated or misstated doctrine exists, just waiting for explicit judicial …

Tribute, A. Dan Tarlock

Natural Resources Journal

No abstract provided.

Symposium Introduction: New Challenges To State Water Allocation Sovereignty, Charles T. Dumars, A. Dan Tarlock

Natural Resources Journal

No abstract provided.

Pushing State Regulatory Commissions Behind The Bright Line: Ferc Jurisdiction Pervails In Mississippi Power & (And) Light Co. V. Mississippi Ex Rel. Moore, Elizabeth Newlin Taylor

Natural Resources Journal

No abstract provided.