1998 Recommended Web Sites For Land Use And Environmental Law,
2018
Florida State University College of Law
1998 Recommended Web Sites For Land Use And Environmental Law, Martha Mann
Florida State University Journal of Land Use and Environmental Law
This review is an excellent reference tool for practitioners looking for information on environmental and land use law on the Internet. The review is divided into subtopics for easy viewing and provides a brief overview of the type of information available on many of the major web sites addressing environmental and land use law.
Book Review: Brownfields: A Comprehensive Guide To Redeveloping Contaminated Property,
2018
Florida State University College of Law
Book Review: Brownfields: A Comprehensive Guide To Redeveloping Contaminated Property, Maribel Nicholson-Choice
Florida State University Journal of Land Use and Environmental Law
Brownfields: A Comprehensive Guide to Redeveloping Contaminated Property by Todd S. Davis and Kevin D. Margolis, with a preface by Vice President Al Gore is a guide for assisting individuals with understanding Brownfields. Based on her years of experience as a practitioner in the field, the reviewer believed that this book is an excellent tool for lawyers who wish to become acquainted with the complexities of brownfields redevelopment. The reviewer states that the book does an excellent job at not limiting its analysis to any one point of view. The reviewer noted that the book begins by clearly defining the …
Book Review: Wetlands Mitigation: Mitigation Bank And Other Strategies For Development And Compliance,
2018
Florida State University College of Law
Book Review: Wetlands Mitigation: Mitigation Bank And Other Strategies For Development And Compliance, Frank E. Matthews, Kimberly Grippa
Florida State University Journal of Land Use and Environmental Law
Wetland Mitigation: Mitigation Banking and Other Strategies for Development and Compliance by Mark S. Dennison is a book designed as a guide to understanding, evaluating, and implementing various mitigation measures needed to avoid, minimize or compensate for land use development impacts to wetlands. Further, this book explains the regulatory framework, permit process, and mitigation prerequisites to obtaining permit approvals to carry out land use development activities in wetland areas. As practitioners in the field of mitigation banking in Florida, the reviewers offer their unique insight into the effectiveness of Mr. Dennison's book. The book review describes the subject matter of …
Death On The High Seas: The Demise Of Tovalop And Cristal,
2018
Florida State University College of Law
Death On The High Seas: The Demise Of Tovalop And Cristal, Susan Bloodworth
Florida State University Journal of Land Use and Environmental Law
In this Comment, the author provides an overview of TOVALOP and CRISTAL. The author also discusses other U.S. and international remedies for oil spill damages. An evaluation of the ramifications which are being realized because TOVALOP and CRISTAL are no longer enforced follows. This Comment concludes by suggesting that any future oil pollution compensation scheme must include TOVALOP and CRISTAL because these agreements provided the greatest likelihood of compensation to those damaged by maritime oil pollution.
Coastal Protection Of Sea Turtles In Florida,
2018
Florida State University College of Law
Coastal Protection Of Sea Turtles In Florida, Katherine R. Butler
Florida State University Journal of Land Use and Environmental Law
This Comment concentrates on the coastal threats to sea turtle survival in Florida and the laws the state has enacted to protect sea turtles against the detrimental effects of human coastal activities, including operating vehicles on the beaches, artificial beachfront lighting, and interference in nesting behavior associated with coastal construction and erosion control projects. After providing background information on sea turtle behavior and describing the dangers sea turtles face in Florida, this Comment examines federal and state laws designed to protect sea turtles. The author then analyzes the success of these laws and additional efforts to protect Florida's sea turtles. …
Black Gold In A White Wilderness-Antarctic Oil: The Past, Present, And Potential Of A Region In Need Of Sovereign Environmental Stewardship,
2018
Florida State University College of Law
Black Gold In A White Wilderness-Antarctic Oil: The Past, Present, And Potential Of A Region In Need Of Sovereign Environmental Stewardship, Joseph J. Ward
Florida State University Journal of Land Use and Environmental Law
In this Comment, the author provides an overview of the geography of Antarctica and describes the key treaty agreements governing the region. This is followed by a review of the prospects of oil exploitation in Antarctica and the surrounding seas, and an explanation of the necessary conditions for feasible oil exploitation. In another segment of this Comment, the author predicts the effect a significant Antarctic oil discovery would have on the Antarctic Treaty System and points out problems with the current Antarctic minerals regime, suggesting that the sovereignty issue must be resolved if future conflict is to be avoided in …
Emf At Home: The National Research Council Report On The Health Effects Of Electric And Magnetic Fields,
2018
Cumberland School of Law of Sanford University
Emf At Home: The National Research Council Report On The Health Effects Of Electric And Magnetic Fields, Patsy W. Thomley
Florida State University Journal of Land Use and Environmental Law
With numerous claims that power line in general and electromagnetic fields (EMF) specifically are harming humans, the National Research Council conducted a study and published a report on the results of its study. This Article analyzes the National Research Council Report. The Article begins by presenting the effect that the controversy surrounding electric and magnetic fields has had on public perception along with some of the concomitant effects on property evaluation, land use, and tort litigation. The author continues by explaining electric and magnetic fields. Next, a summary of the National Research Council Report and its conclusions are reviewed. The …
Owning The Land: Four Contemporary Narratives,
2018
University of Illinois College of Law
Owning The Land: Four Contemporary Narratives, Eric T. Freyfogle
Florida State University Journal of Land Use and Environmental Law
Our 1997-1998 Distinguished Lecturer authored an Essay addressing property ownership questions in view of four contemporary narratives of land ownership. This Essay discusses in turn the libertarian narrative of individual autonomy, the more traditional narrative of property focused on economic opportunity, a community-centered narrative that understands property as an evolving tool to meet community needs, and a biocentric narrative that looks to the land itself to prescribe the rules on how it can be used. This discussion begins reviewing these tales with the one that has stirred up the most controversy lately, the narrative of autonomy. It is in this …
Recent Developments In Land Use And Environmental Law,
2018
Florida State University College of Law
Recent Developments In Land Use And Environmental Law, Wes Strickland
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Recommended Legal Websites For Land Use And Environmental Law,
2018
Florida State University College of Law
Recommended Legal Websites For Land Use And Environmental Law, Martha Mann
Florida State University Journal of Land Use and Environmental Law
This review of legal web sites for environmental and land use law serves as a useful tool for practitioners looking to expand their research to the vast array of information on the internet. The author provides a brief overview of the beginnings of the internet and how do an internet search. The review focuses on describing many of the major web sites containing information about either land use or environmental law.
Preventing The Secondary Effects Of Adult Entertainment Establishments: Is Zoning The Solution?,
2018
Florida State University College of Law
Preventing The Secondary Effects Of Adult Entertainment Establishments: Is Zoning The Solution?, Dana M. Tucker
Florida State University Journal of Land Use and Environmental Law
This Comment examines the effects of the adult entertainment industry on America's communities and addresses whether current legal protections adequately shield communities from negative secondary effects resulting from the industry. The Comment begins by recounting the history of municipalities' abilities to zone out adult entertainment establishments, describing the growth of the industry, and outlining the growth of their First Amendment protection. Next, the Comment examines the potential secondary effects resulting from adult entertainment establishments, including the spread of AIDS, increased prostitution, rape, crime, and neighborhood deterioration. The author discusses whether zoning is a viable method for decreasing these secondary effects …
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.
