Case Notes: The Supreme Court Upholds The Corps' "Wetlands Jurisdiction",
2018
Florida State University College of Law
Case Notes: The Supreme Court Upholds The Corps' "Wetlands Jurisdiction", Laura Rush
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Comment: Cleanup Cost Liability For Oil Spills: Whether The Fwpca Alternative Remedies For Recovery Of Cleanup Expenses,
2018
Florida State University College of Law
Comment: Cleanup Cost Liability For Oil Spills: Whether The Fwpca Alternative Remedies For Recovery Of Cleanup Expenses, Jaimie Ross
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Remarks,
2018
Florida State University College of Law
Remarks, Mario M. Cuomo
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Can The Legacy Of A Lack Of Follow-Through In Florida State Planning Be Changed?,
2018
Florida State University College of Law
Can The Legacy Of A Lack Of Follow-Through In Florida State Planning Be Changed?, Richard G. Rubino
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Environmental Regulatory Streamlining: A State Perspective,
2018
Florida State University College of Law
Environmental Regulatory Streamlining: A State Perspective, Joseph W. Landers, Jr., Richard Lotspeich, Neal Osiason
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Recent Developments,
2018
Florida State University College of Law
Recent Developments, Bridget Y. Kellogg
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Balancing Public Water Supply And Adverse Environmental Impacts Under Florida Water Law: From Water Wars Towards Adaptive Management,
2018
Florida State University College of Law
Balancing Public Water Supply And Adverse Environmental Impacts Under Florida Water Law: From Water Wars Towards Adaptive Management, Kevin E. Regan
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Recalibrating The Federal Government's Authority To Regulate Intrastate Endangered Species After Swancc,
2018
Florida State University College of Law
Recalibrating The Federal Government's Authority To Regulate Intrastate Endangered Species After Swancc, Jeffrey H. Wood
Florida State University Journal of Land Use and Environmental Law
The federal government has spent the last thirty years regulating activities that affect endangered species regardless of the species' impact on interstate commerce. The federal government used the Commerce Clause to justify such a wide range of activities there seemed to be no limit to the federal government power to intervene on behalf of endangered species. This scheme changed radically with the Supreme Court's decision in Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers. The holding implied that federal regulation of isolated, intrastate ponds unconstitutional. This article outlines the framework that produced the SWANCC …
Downzoning, Fairness And Farmland Protection,
2018
Virginia Tech
Downzoning, Fairness And Farmland Protection, Jesse J. Richardson, Jr.
Florida State University Journal of Land Use and Environmental Law
The author addresses the role of "downzoning" in smart growth efforts. Initially, the article summarizes the six major potential legal challenges against downzoning to protect farmland and how each of these legal causes of action attempts to address "fairness." The causes of action include: direct challenges of the act, spot zoning, takings, substantive due process, equal protection, and 42 U.S.C. 1983. Then, the article describes and refutes the major arguments posited by those supporting the fairness of downzoning without compensation to landowners. The author concludes that the awkward intervention of the court into these matters results from inherent unfairness of …
Equitable Apportionment Of Ecosystem Services: New Water Law For A New Water Age,
2018
The Florida State University College of Law
Equitable Apportionment Of Ecosystem Services: New Water Law For A New Water Age, J. B. Ruhl
Florida State University Journal of Land Use and Environmental Law
This article is an edited and annotated version of remarks delivered by the author at the FSU College of Law's forum on The Future of the Appalachicola-Chattahoochee-FlinRt iver System: Legal, Policy, and Scientific Issues, held on November 5, 2003. The purpose of the article is to suggest that the greater understanding we have today of the role ecological processes play in delivering tremendous economic value to human populations demands that the law recognize these important ecosystem services as a critical factor in the interstate water apportionment calculus. The author makes this point in the context of the dispute over the …
Takings And Transitions,
2018
University of California, Davis
Takings And Transitions, Holly Doremus
Florida State University Journal of Land Use and Environmental Law
This article explores the inconsistent doctrines advanced by the courts in determining regulatory takings cases. Given the current nature of this area of the law, the author proposes an alternative test to apply in takings cases to provide more straight-forward treatment. That test would encompass four factors: 1) the justification for regulatory change; 2) the extent to which change was foreseeable in advance, and the ability of the landowner to adapt to that change; 3) the abruptness of the change; and 4) the generality of its application. Since regulatory takings claims are entirely about change, the author argues that the …
Recent Developments,
2018
Florida State University College of Law
Recent Developments, Benjamin B. Bush
Florida State University Journal of Land Use and Environmental Law
This section highlights recent developments in federal and state environmental and land use case law. The section also summarizes Florida Legislation from the 2002 Legislative Session. Readers may also research these topics online at the official website of the Florida Legislature, http://www.leg.state.fl.us, the Florida Department of Environmental Protection's website, http://www.dep.state.fl.us, and the Florida Department of Community Affairs' website, http:/www.dca.state.fl.us.
2003 Recommended Web Sites For Watershed Management,
2018
Florida State University College of Law
2003 Recommended Web Sites For Watershed Management, Cynthia Norgart
Florida State University Journal of Land Use and Environmental Law
Most practitioners have become very familiar with researching the internet's vast quantity of information with the convenient click of the mouse. In the past several years, the Journal of Land Use and Environmental Law has attempted to simplify the overwhelming sea of information through its annual website review. Past reviews have provided outlines on websites focusing on Wetlands law, Oceans and Coastal law, and Endangered Species. This section provides an outline of useful websites on Watershed Management.
Book Review: Daniel Fitzpatrick, Land Claims In East Timor,
2018
Florida State University College of Law
Book Review: Daniel Fitzpatrick, Land Claims In East Timor, Karen M. Smith
Florida State University Journal of Land Use and Environmental Law
In "Land Claims," Daniel Fitzpatrick presents a comprehensive and interesting view of the challenges facing the fledgling East Timorese government. He reviews the variety of competing land claims, from those of traditional occupiers of land in East Timor to the claims of Indonesian nationals following East Timor's bid for independence. In addition to giving a broad picture of the competing land claims situation, Mr. Fitzpatrick also illustrates individual situations, humanizing the problem for his readers. "Land Claims" is an interesting read for those interested not only in international law, including the laws of property and occupation, but also for those …
Feral Cat Colonies In Florida: The Fur And Feathers Are Flying,
2018
Florida State University College of Law
Feral Cat Colonies In Florida: The Fur And Feathers Are Flying, Pamela Jo Hatley
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Environmentalists And Forest Landowners: Why We Must Work Together,
2018
Florida State University College of Law
Environmentalists And Forest Landowners: Why We Must Work Together, Ray Vaughn
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Release Of Exotic Natural Enemies For Biological Control: A Case Of Damned If We Do And Damned If We Don't?,
2018
University of Florida
Release Of Exotic Natural Enemies For Biological Control: A Case Of Damned If We Do And Damned If We Don't?, Lance S. Osborne, James P. Cuda
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
The Importance Of Scale In Area-Wide Planning-Strategies: Bay County Optional Sector Plan,
2018
Florida State University College of Law
The Importance Of Scale In Area-Wide Planning-Strategies: Bay County Optional Sector Plan, Roger B. Anderson, David M. Haight, Katherine G. Anamisis, Wiatt F. Bowers, Pamela Latham
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Florida Water Law And Environmental Water Supply For Everglades Restoration,
2018
Florida State University College of Law
Florida Water Law And Environmental Water Supply For Everglades Restoration, John J. Fumero
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Proceedings Of The 9th Annual Public Interest Environmental Conference: "Florida's Final Frontiers: Saving What's Left",
2018
Florida State University College of Law
Proceedings Of The 9th Annual Public Interest Environmental Conference: "Florida's Final Frontiers: Saving What's Left"
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
