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Managing Isolated Wetlands After Solid Waste And Tahoe: The Case Of Delaware, Joshua M. Duke, Kristen A. Sentoff 2018 University of Delaware

Managing Isolated Wetlands After Solid Waste And Tahoe: The Case Of Delaware, Joshua M. Duke, Kristen A. Sentoff

Florida State University Journal of Land Use and Environmental Law

Perhaps as few as fifteen states have adequate protection of isolated wetlands, which were left vulnerable by the U.S. Supreme Court's Solid Waste decision. This paper also examines the recent Tahoe decision and the case of Delaware to assess the impact of Solid Waste on isolated wetlands. The interim between Solid Waste in 1999 and any forthcoming legislation is the most challenging time, for this is when landowners can manifest their investment-backed expectations for recently proscribed land uses. The interim also produces uncertainty, which may lead to suboptimal landowner decisions. If state law is put in place soon, the government …


Laying Out An "Unwelcome Mat" To Public Beach Access, Jennifer A. Sullivan 2018 Florida State University College of Law

Laying Out An "Unwelcome Mat" To Public Beach Access, Jennifer A. Sullivan

Florida State University Journal of Land Use and Environmental Law

Florida beaches attract tourists from around the world. However, many are unaware of the issues surrounding public beach access; issues that potentially threaten the ability of the Florida visitor to enjoy the warm sands and blue waters that define the state to many. In her comment, Ms. Sullivan revisits the issue of public beach access and the doctrine of customary usage. Specifically, the battle that is occurring in the over-development of Florida Panhandle beaches is analyzed, with the "fishing village" of Destin serving as a prime example. The effect of recent Florida decisions concerning strict adherence to local comprehensive plans …


Revenue Options For A Risk-Based Assessment Of Developed Property In Hurricane Hazard Zones, Robert E. Deyle, Mary Kay Falconer 2018 The Florida State University

Revenue Options For A Risk-Based Assessment Of Developed Property In Hurricane Hazard Zones, Robert E. Deyle, Mary Kay Falconer

Florida State University Journal of Land Use and Environmental Law

This article focuses on minimizing the risk of developing land in hurricane-prone areas. First, the author discusses major local emergency management services associated with hurricanes and methods for estimating the costs of those services. Second, the author summarizes a method for apportioning those costs based on alternative revenue options. Third, the author assesses the potential for financing local emergency management services associated with hurricanes. Finally, the author examines the feasibility of local emergency financing in the context of state constitutional and legislative authorities in Florida.


"Bottling Up" Our Natural Resources: The Fight Over Bottled Water Extraction In The United States, Tara Boldt-Van Rooy 2018 Florida State University College of Law

"Bottling Up" Our Natural Resources: The Fight Over Bottled Water Extraction In The United States, Tara Boldt-Van Rooy

Florida State University Journal of Land Use and Environmental Law

This note begins by looking at the bottled water industry and its recent, enormous growth - for instance, in 2001 U.S. consumers drank five billion gallons of bottled water. Noting that the industry has grown in such a significant manner, this note takes issue with the regulations of the bottled water industry. The author argues that the federal regulations, state regulations, and self-imposed regulation (from the industry itself) were insufficient because the regulations focus on the quality of the water extracted from the source versus the quantity of the water extracted. Following the explanation of the author's theory, that the …


Overcoming Williamson County's Troubling State Procedures Rule: How The England Reservation, Issue Preclusion Exceptions, And The Inadequacy Exception Open The Federal Courthouse Door To Ripe Takings Claims, J. David Breemer 2018 Florida State University College of Law

Overcoming Williamson County's Troubling State Procedures Rule: How The England Reservation, Issue Preclusion Exceptions, And The Inadequacy Exception Open The Federal Courthouse Door To Ripe Takings Claims, J. David Breemer

Florida State University Journal of Land Use and Environmental Law

This article discusses an avenue available to takings claimants so that they may open the nearly closed door of the federal courts. In Williamson County, the United States Supreme Court established two ripeness prongs that create powerful barriers to landowners seeking to have their takings claims heard on the merits in federal court. Through an in depth analysis of the facts and litigation of this case and others, the author assesses the foundation of the state procedures requirements and concludes it is not required by the Takings Clause. The article scrutinizes the rule's fundamental unfairness and error in its application. …


Book Review: Well Grounded: Using Local Land Use Authority To Achieve Smart Growth, Roman Ortega-Cowan 2018 Florida State University College of Law

Book Review: Well Grounded: Using Local Land Use Authority To Achieve Smart Growth, Roman Ortega-Cowan

Florida State University Journal of Land Use and Environmental Law

Professor Nolon presents a large body of interesting and important information in an easily accessible format. Although the focus is primarily on New York land use law, the book serves a dual purpose: New York citizens and officials may use it as a practical guide and students throughout the country may use it to learn of a valuable strategy that may (and arguably should) be employed by all fifty states.


Recent Developments, Kara J. Berlin 2018 Florida State University College of Law

Recent Developments, Kara J. Berlin

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. Readers may also research these topics online at the official website of the Florida Legislature, www.leg.state.fl.us, the Florida Department of Environmental Protection's website,www.dep.state.fl.us, and the Florida Department of Community Affairs' website at www.dca.state.fl.us.


2002 Recommended Web Sites For National And Florida Parks, John T. Cardillo 2018 Florida State University College of Law

2002 Recommended Web Sites For National And Florida Parks, John T. Cardillo

Florida State University Journal of Land Use and Environmental Law

Many fond memories are created during vacations. This section provides readers with a brief review of websites for national and Florida parks which will hopefully facilitate memorable journeys. The Journal's annual website review attempts to assist the legal practitioner in taking advantage of the free resources available on the internet when researching environmental and land use issues. Past reviews include Endangered Species and Ocean and Coastal law.


Panel: Ethical Dilemmas: Finding Common Ground On Controversial Issues, Panelist Lesley Blackner, Panelist Richard C. Foltz, Panelist Anna L. Peterson, Moderator Brion Blackwelder, Student Assistant Lisa C. Shiavinato, Faculty Advisor Alyson Flournoy 2018 University of Florida

Panel: Ethical Dilemmas: Finding Common Ground On Controversial Issues, Panelist Lesley Blackner, Panelist Richard C. Foltz, Panelist Anna L. Peterson, Moderator Brion Blackwelder, Student Assistant Lisa C. Shiavinato, Faculty Advisor Alyson Flournoy

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Conservation Issues On Military Lands: Some Thoughts On A Framework For Successful Mission Integration — Est Modus In Rebus, Louis J. Puleo 2018 Florida State University College of Law

Conservation Issues On Military Lands: Some Thoughts On A Framework For Successful Mission Integration — Est Modus In Rebus, Louis J. Puleo

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


"Industry Is From Mars, Environmentalists Are From Venus: Reconciling Our Differences On Earth." - A Utility Perspective, Richard Lehfeldt 2018 Florida State University College of Law

"Industry Is From Mars, Environmentalists Are From Venus: Reconciling Our Differences On Earth." - A Utility Perspective, Richard Lehfeldt

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


A Public Benefit Fund For Florida: Creating A Sustainable Energy Future For The Sunshine State, Deb Swim 2018 Florida State University College of Law

A Public Benefit Fund For Florida: Creating A Sustainable Energy Future For The Sunshine State, Deb Swim

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Reconciling Environmentalist And Industry Differences: The New Corporate Citizenship "Race To The Top"?, Gary S. Guzy 2018 Florida State University College of Law

Reconciling Environmentalist And Industry Differences: The New Corporate Citizenship "Race To The Top"?, Gary S. Guzy

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Three Questions For Agriculture About The Environment, J. B. Ruhl 2018 The Florida State University College of Law

Three Questions For Agriculture About The Environment, J. B. Ruhl

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Policy Instruments For A Sustainable Built Environment, Charles J. Kibert 2018 M.E. Rinkert Sr. School of Building Construction, University of Florida, Gainesville

Policy Instruments For A Sustainable Built Environment, Charles J. Kibert

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Proceedings Of The 8th Annual Public Interest Environmental Conference: "Industry Is From Mars, Environmentalists Are From Venus: Reconciling Our Differences On Earth.", Regina Fegan, Nicole C. Kibert 2018 Florida State University College of Law

Proceedings Of The 8th Annual Public Interest Environmental Conference: "Industry Is From Mars, Environmentalists Are From Venus: Reconciling Our Differences On Earth.", Regina Fegan, Nicole C. Kibert

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Negotiating The Maze: Tracing Historical Title Claims In Spanish Land Grants And Swamp And Overflowed Lands Act, Sidney F. Ansbacher, Joe Knetsch 2018 Florida State University College of Law

Negotiating The Maze: Tracing Historical Title Claims In Spanish Land Grants And Swamp And Overflowed Lands Act, Sidney F. Ansbacher, Joe Knetsch

Florida State University Journal of Land Use and Environmental Law

This article discusses the treatment of submerged sovereignty lands transferred to the United States through quitclaim transactions; states acquiring such lands were instructed that they be used to benefit the public interest and, as such, transfer was prohibited unless it would advance such interests. For comparison, the article also traces the acquisition and treatment of those lands which Florida took title to upon statehood as swamp and overflowed lands to be used, conversely, for purposes of internal improvement. To distinguish between the treatment of the lands acquired through the different methods, the article traces the various state and federal legislative …


New Power, Few New Lines: A Need For A Federal Solution, Hoang Dang 2018 Florida State University College of Law

New Power, Few New Lines: A Need For A Federal Solution, Hoang Dang

Florida State University Journal of Land Use and Environmental Law

In this article, winner of the Journal of Land Use & Environmental Law's Patsy Ford & David Bloodworth Memorial Scholarship, the author discusses the problems facing the electric industry as the chains of monopolistic power and intense regulation are removed and the industry is transformed into a deregulated and competitive market. Looking back at key pieces of federal legislation and regulation, the author maps out the road that was intended to lead to a healthy array of increased competition and significant benefits to consumers but, instead, delivered the industry into a quandary of transmission congestion, safety risks, and negation of …


What Lawmakers Can Learn From Large-Scale Ecology, Fred Bosselman 2018 Chicago-Kent College of Law

What Lawmakers Can Learn From Large-Scale Ecology, Fred Bosselman

Florida State University Journal of Land Use and Environmental Law

Professor Fred Bosselman of the Chicago-Kent College of Law specializes in energy, land-use, and environmental law. In his ground-breaking article, What Lawmakers Can Learn From Largescale Economy, Professor Bosselman argues that laws regulating management of natural resources and environmental protection must be amended to incorporate current scientific knowledge. Today, ecological scientists have dramatically expanded their ability to study the natural world in large quantities, both spatially and temporally. Although ecology still gains many insights from analysis of small-scale phenomena, large-scale ecology is beginning to make us realize that ecological systems are more than just the sum of their parts. Current …


Recent Developments In Land Use & Environmental Law, John T. Cardillo 2018 Florida State University College of Law

Recent Developments In Land Use & Environmental Law, John T. Cardillo

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 2001 Legislative session. Readers may also research these topics online at the official website of the Florida Legislature, www.leg.state.fl.us, the Florida Department of Environmental Protection's website, www.dep.state.fl.us, and the Florida Department of Community Affairs' website, www.dca.state.fl.us.


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