Managing Isolated Wetlands After Solid Waste And Tahoe: The Case Of Delaware,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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"?,
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,
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,
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.",
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,
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,
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,
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,
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.
