Coastal Petroleum's Fight To Drill Off Florida's Gulf Coast,
2018
Florida State University College of Law
Coastal Petroleum's Fight To Drill Off Florida's Gulf Coast, Leigh Derenne Braslow
Florida State University Journal of Land Use and Environmental Law
This Comment examines the six year litigation between Coastal Petroleum and the State of Florida over a vast lease of oil drilling rights that the State and Coastal negotiated almost half a century ago. Coastal Petroleum argues that Florida's 1990 offshore ban on oil drilling deprives the company of its property rights. The company also argues that it should not be required to post an enormous security bond in order to obtain its drilling permit for the leased area. The Comment analyzes five different legal doctrines that might be asserted in litigation: (1) Submerged Lands Act; (2) public trust doctrine; …
Exacting Public Beach Access: The Viability Of Permit Conditions And Florida's State Beach Access Laws After Dolan V. City Of Tigard,
2018
Florida State University College of Law
Exacting Public Beach Access: The Viability Of Permit Conditions And Florida's State Beach Access Laws After Dolan V. City Of Tigard, Shawn M. Willson
Florida State University Journal of Land Use and Environmental Law
In the aftermath of Nollan v. California Coastal Commission and Dolan v. City of Tigard, local governments may find it more difficult to utilize permit conditions as a tool for preserving beach access. This Comment explores the viability of Florida's beach access laws after these decisions, examining the potential effects on permitting for construction at the local level. As an introduction, the Comment reviews Florida's current beach access statutes and discusses the Nollan and Dolan cases. The Comment then analyzes the true meaning of the "rough proportionality" requirement of Dolan, entertaining views from subsequent case law and commentators. Additionally, the …
Amending The National Environmental Policy Act: Federal Environmental Protection In The Twenty-First Century,
2018
Florida State University College of Law
Amending The National Environmental Policy Act: Federal Environmental Protection In The Twenty-First Century, Paul S. Weiland
Florida State University Journal of Land Use and Environmental Law
The National Environmental Policy Act (NEPA) represents the cornerstone of American environmental law and marks the beginning of the environmental law statutory movement in the United States. This Article traces the evolution of NEPA and the environmental movement and describes the framers' intent in passing NEPA. Next, the Article examines judicial and executive interpretations of NEPA. The Article concludes by assessing NEPA's present state and suggesting possible reforms to ensure a strong future commitment to NEPA.
Private Property Rights In Florida: Is Legislation The Best Alternative?,
2018
Florida State University College of Law
Private Property Rights In Florida: Is Legislation The Best Alternative?, Robert P. Butts
Florida State University Journal of Land Use and Environmental Law
This Article analyzes the Bert J. Harris, Jr. Private Property Rights Protection Act (Act) passed by the Florida Legislature in 1995. In addition to examining the legislation, the Article includes an examination of the Act in the context of existing Florida takings case law. This is done by comparing the present case results to the anticipated results under the Act. This evaluation is followed by reviewing the perspective views of both the property rights proponents and opponents. Next, the author discusses the anticipated state of takings law in Florida. The author concludes that legislation is the best way to address …
The Politics Of Municipal Incorporation In South Florida,
2018
Florida State University College of Law
The Politics Of Municipal Incorporation In South Florida, Russel M. Lazega, Charles R. Fletcher
Florida State University Journal of Land Use and Environmental Law
In the past few years, more affluent unincorporated communities have chosen incorporation, particularly in South Florida. This Article addresses the recent incorporation phenomenon in Florida, examining the causes and effects of the movement. The first part of the Article provides background on the structure of Florida's local government system. Additionally, the Article discusses the advantages of incorporation to Florida's communities, explaining the impetus for this new trend. Next, the Article explores the revenue tax base erosion resulting from these recent incorporations and discusses other problems caused by the incorporation wave. Lastly, the Article presents potential options to assuage the incorporation …
Litigating Suitum V. Tahoe Regional Planning Agency In The United States Supreme Court,
2018
Georgetown University Law Center
Litigating Suitum V. Tahoe Regional Planning Agency In The United States Supreme Court, Richard J. Lazarus
Florida State University Journal of Land Use and Environmental Law
On May 27, 1997, the United States Supreme Court decided Suitum v. Tahoe Regional Planning Agency, a case addressing ripeness issues as they pertain to regulatory takings and transferable developmental rights (TDRs). As record counsel for the Tahoe Regional Planning Agency in the Suitum, Professor Lazarus considers the strategic litigation choices made by both parties and their impact on the Suitum litigation. By way of introduction, this essay recounts the Suitum facts from two different perspectives, that of petitioner and respondent. Then the essay explores the ways that the parties chose to litigate their respective sides, expounding upon the issues …
The Terminology Of Florida's New Property Rights Law: Will It Allow Equity To Prevail Or Government To Be "Taken" To The Cleaners?,
2018
Florida State University College of Law
The Terminology Of Florida's New Property Rights Law: Will It Allow Equity To Prevail Or Government To Be "Taken" To The Cleaners?, Ellen Avery
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Florida's Troubled Inland Protection Trust Fund: Common Law Actions As Alternative Remedies For An Innocent Buyer Of Contaminated Commercial Land,
2018
Florida State University College of Law
Florida's Troubled Inland Protection Trust Fund: Common Law Actions As Alternative Remedies For An Innocent Buyer Of Contaminated Commercial Land, Robert A. Bass
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
The Personal Injury Endorsement: An Unwarranted Straining To Obtain Insurance Coverage For Environmental Damage,
2018
Florida State University College of Law
The Personal Injury Endorsement: An Unwarranted Straining To Obtain Insurance Coverage For Environmental Damage, Richard L. Bradford
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Informational And Procedural Standing After Lujan V. Defenders Of Wildlife,
2018
Florida State University College of Law
Informational And Procedural Standing After Lujan V. Defenders Of Wildlife, Brian J. Gatchel
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Ripeness And Forum Selection In Fifth Amendment Takings Litigation,
2018
Wake Forest University School of Law
Ripeness And Forum Selection In Fifth Amendment Takings Litigation, Thomas E. Roberts
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Analyzing Evidence Of Environmental Justice,
2018
New York University School of Law
Analyzing Evidence Of Environmental Justice, Vicki Been
Florida State University Journal of Land Use and Environmental Law
This article was adapted from a talk given for the Florida State University Journal of Land Use & Environmental Law Distinguished Lecture Series in October 1995. The research discussed in this article was funded in part by the Environmental Protection Agency, pursuant to Grant Number R821299-01-1. Financial assistance also was generously provided by the Filomen D'Agostino and Max E. Greenberg Research Fund at New York University School of Law. The research was conducted by Professor Been and Frances Gupta, Ph.D. Candidate, New York University Department of Economics. They would like to thank Douglas Anderton, Benjamin Goldman, Lewis Kornhauser, Richard Revesz, …
In Re Jensen: Demonstrating The Need For Supreme Court Resolution Of The Conflict Between Cercla And The Bankruptcy Code,
2018
Florida State University College of Law
In Re Jensen: Demonstrating The Need For Supreme Court Resolution Of The Conflict Between Cercla And The Bankruptcy Code, John R. Bevis
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Reaching In The Wrong Pocket?: Dimmitt Chevrolet, Inc. V. Southeastern Fidelity Insurance Corporation,
2018
Florida State University College of Law
Reaching In The Wrong Pocket?: Dimmitt Chevrolet, Inc. V. Southeastern Fidelity Insurance Corporation, David J. Barberie
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Ebb And Flow Of Florida's Public Trust Doctrine Through The Opinions Of Justice James B. Whitehead,
2018
Florida State University College of Law
Ebb And Flow Of Florida's Public Trust Doctrine Through The Opinions Of Justice James B. Whitehead, Rosanne Gervasi Capeless
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
The Finality Ripeness In Federal Land Use Cases From Hamilton Bank To Lucas,
2018
Florida State University College of Law
The Finality Ripeness In Federal Land Use Cases From Hamilton Bank To Lucas, R. Jeffrey Lyman
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Fruit Of The Philadelphia Tree: Toxic For State Regulation Of Out-Of-State Waste,
2018
Florida State University College of Law
Fruit Of The Philadelphia Tree: Toxic For State Regulation Of Out-Of-State Waste, Ann E. Christopher
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Finding An Environmental Felon Under The Corporate Veil: The Responsible Corporate Officer Doctrine And Rcra,
2018
University of Massachusetts at Amherst
Finding An Environmental Felon Under The Corporate Veil: The Responsible Corporate Officer Doctrine And Rcra, Sidney M. Wolf
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Vatalaro V. Department Of Environmental Regulation: The Mysterious Takings Rule,
2018
Florida State University College of Law
Vatalaro V. Department Of Environmental Regulation: The Mysterious Takings Rule, Valerie A. Collins
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Takings Law In Florida: The Whole Is Greater Than The Sum Of Its Parcels,
2018
Florida State University College of Law
Takings Law In Florida: The Whole Is Greater Than The Sum Of Its Parcels, David K. Thulman
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
