Global Climate Change: Threats And Solutions,
2018
Florida State University College of Law
Global Climate Change: Threats And Solutions, Carol M. Browner
Florida State University Journal of Land Use and Environmental Law
In these remarks, the speaker briefly highlights the progresses that the Clinton Administration has made in the areas of environmental and public health protection. She then discusses how the administration plans to continue improving environmental and public health protection. She states that for these improvements to occur, partnerships between industries, governments, and communities must continue. The next great test for these partnerships is global warming. If a global warming treaty is developed, it will not hurt the U.S. economy. Instead the U.S. will realize an economic growth from it since pollution-reducing technologies are needed and the U.S. has proven throughout …
"Who Ya Gonna C(S)Ite?" Ghostbusters And The Environmental Regulation Debate,
2018
Louisiana State University Law Center
"Who Ya Gonna C(S)Ite?" Ghostbusters And The Environmental Regulation Debate, Christine Alice Corcos
Florida State University Journal of Land Use and Environmental Law
The author has cleverly used the motion picture, Ghostbusters, to examine the law and policy likely to be invoked when governments and individuals face an unexpected and undefined environmental threat. Several of the questions that may be raised include who decides which procedures will be followed to meet the threat; by what process; who determines whether those procedures should be abandoned in favor of another approach; should competing regulatory schemes be allowed to muddy the waters; and course of action might various parties take to enjoin a violator's activities? The author first discusses the parties and the issues involved in …
Retroactive Liability Under The Superfund: Time To Settle The Issue,
2018
Bowling Green State University
Retroactive Liability Under The Superfund: Time To Settle The Issue, Nancy K. Kubasek, Carrie Williamson, Rachael Vigil
Florida State University Journal of Land Use and Environmental Law
This Article addresses the need for a legislative solution to the issue of retroactive liability under CERCLA. Before suggestion a legislative solution, the authors examine the history of CERCLA. The examination is followed with an analysis of the reasoning applied in the original Olin decision, how courts reacted to this decision, and an analysis of its reversal in Olin II. After examining the ongoing debate in Congress, the authors conclude by suggesting a legislative solution and calling for legislation affirming CERCLA retroactive liability.
Windfalls Or Windmills: The Right Of A Property Owner To Challenge Land Use Regulations (A Call To Critically Reexamine The Meaning Of Lucas),
2018
Florida State University College of Law
Windfalls Or Windmills: The Right Of A Property Owner To Challenge Land Use Regulations (A Call To Critically Reexamine The Meaning Of Lucas), Stephen E. Abraham
Florida State University Journal of Land Use and Environmental Law
This Article addresses the need for a more binding Supreme Court decision precluding states from redefining "property." The article summarizes recent state and federal decisions discussing the rights of property owners to challenge regulations that deprive them of their property without just compensation, and state's misapplication of the Supreme Court holdings in Lucas v. South Carolina Coastal Council and Nollan v. California Coastal Council. After discussing the Supreme Court's decisions in Nollan and Lucas, the Article explores the state of property law after these decisions. Focusing on the inconsistent application of the Lucas and Nollan holdings, the Article discusses recent …
City Of Boerne V. Flores And The Religious Freedom Restoration Act: The Delicate Balance Between Religious Freedom And Historic Preservation,
2018
Florida State University College of Law
City Of Boerne V. Flores And The Religious Freedom Restoration Act: The Delicate Balance Between Religious Freedom And Historic Preservation, Elizabeth C. Williamson
Florida State University Journal of Land Use and Environmental Law
This Article analyzes the clash between historic preservation and religious freedom in the context of the United States Supreme Court's decision in City of Boerne v. Flores. (117 S. Ct. 2157 (1997). In Flores, the Court ruled on the constitutionality of the Religious Freedom Restoration Act (RFRA), an act which affords additional protection to religious practices by subjecting neutral, non-religion based government laws such as preservation ordinances to judicial scrutiny. Using the backdrop of the Flores decision, the Article analyzes the constitutionality and policy behind RFRA and examines RFRA's effect on preservation. The Article includes a history of both the …
International Pesticide Trade: Is There Any Hope For The Effective Regulation Of Controlled Substances?,
2018
Florida State University College of Law
International Pesticide Trade: Is There Any Hope For The Effective Regulation Of Controlled Substances?, Jefferson D. Reynolds
Florida State University Journal of Land Use and Environmental Law
In this Article, the author argues for stronger regulation, both domestically and internationally, of the importation of toxic pesticides into developing countries. Additionally, he argues there should be greater exchange of information regarding the danger and proper use of toxic pesticides. The author begins by discussing the adverse health and environmental effects of unregulated pesticides. He also explores the idea that while pesticides are heavily regulated in the United States, the importation of unregulated toxic pesticides into developing countries usually results in the pesticides finding their way back into the United States' food supply through what is known as the …
Standing On Its Last Legs: Bennett V. Spear And The Past And Future Of Standing In Environmental Cases,
2018
University of Baltimore School of Law
Standing On Its Last Legs: Bennett V. Spear And The Past And Future Of Standing In Environmental Cases, Sam Kalen
Florida State University Journal of Land Use and Environmental Law
This Article examines the evolution of standing in environmental disputes. The Article traces environmental standing from the 1970s when the "zone of interests" test was first applied in Association of Data Processing Service Organizations v. Camp, through Lujan v. Defenders of Wildlife over twenty years later, which outlined the three requirements of concrete and particularized imminent injury, traceability, and redressibility. The Article then describes how Bennett v. Spear, decided by the Supreme Court in1997, and other recent lower court decisions have produced a haphazard and incoherent approach to standing in cases involving the National Environmental Policy Act (NEPA) and the …
Book Review: Introduction To U.S. Environmental Laws,
2018
Thomas Jefferson School of Law, San Diego
Book Review: Introduction To U.S. Environmental Laws, Thomas Lundmark
Florida State University Journal of Land Use and Environmental Law
Introduction to U.S. Environmental Laws by Edward Shea is a book designed to introduce foreigners to American environmental law, providing a chapter on each of the major federal environmental enactments. Being a lecturer in Europe on American environmental law, Dr. Lundmark offers his unique insight into the effectiveness of Mr. Shea's book as an introductory educational tool. The book review describes the subject matter of the book and comments on its organization. Further, Dr. Lundmark points out several of the book's substantive flaws and omissions. Finally, the author offers several remedies to the book's shortcomings.
Water, Water, Everywhere, But Not Enough To Drink?: A Look At Water Supply And Florida's Growth Management Plan,
2018
Florida State University College of Law
Water, Water, Everywhere, But Not Enough To Drink?: A Look At Water Supply And Florida's Growth Management Plan, Dana L. Crosby
Florida State University Journal of Land Use and Environmental Law
This Article discusses water supply problems in Florida, specifically addressing water supply and local and regional planning laws. First, background is provided on Florida's current water situation, including Florida's state and local growth management plans. Additionally, the Article analyzes the role of the water management districts in Florida. The Article examines two factors contributing to Florida's water supply problems: pollution and population growth. Finally, the Article concludes with recommendations to alleviate these water problems, including leadership and coordination in planning, emphasis of regional planning components, further research of the local supply first policy, promotion of conservation, and finally, encouragement of …
Water Disputes In The Middle East: An International Law Analysis Of The Israel-Jordan Peace Accord,
2018
Florida State University College of Law
Water Disputes In The Middle East: An International Law Analysis Of The Israel-Jordan Peace Accord, Raed Mounir Fathallah
Florida State University Journal of Land Use and Environmental Law
This Article discusses the role of the Jordan River basin in the peace accord (Treaty) between the state of Israel and the Hashemite Kingdom of Jordan. After reviewing past water disputes involving the Jordan River, the water allocation and management sections of the Treaty are compared with the Treaty's predecessor, the Main Plan. Even though it was never ratified, both Israel and Jordan tacitly conducted their respective water polices in accordance with the Main Plan. This discussion is followed by a comparison of the Treaty with the substantive and procedural requirements of the International Law Commission Draft Articles and other …
Analyzing Evidence Of Environmental Justice: A Suggestion For Professor Been,
2018
Brooklyn Law School
Analyzing Evidence Of Environmental Justice: A Suggestion For Professor Been, Colin Crawford
Florida State University Journal of Land Use and Environmental Law
This Article addresses the inherent prejudices in modern environmental policies and practices. Specifically, this Article discusses the continuing debate regarding the strength of the correlation between the location of hazardous waste facilities and an area's minority population. Professor Crawford urges his contemporaries, particularly Professor Vicki Been, to expand their evidentiary fields to include statistics of an area's standard of living in order to obtain an accurate analysis of the motives behind locating hazardous waste facilities in certain areas. The Article concludes with a case study of Noxubee County, Mississippi to demonstrate the effect of applying this expanded method of research.
Developing A Fair Share Housing Policy For Florida,
2018
Florida State University
Developing A Fair Share Housing Policy For Florida, Charles E. Connerly, Marc Smith
Florida State University Journal of Land Use and Environmental Law
This Article focuses on the prevalent problem of increasing concentrations of poverty in the inner city and social isolation of inner-city residents in major American cities caused by the mass exodus of middle class, working residents to the suburbs. The Article advocates the implementation of fair share housing programs to remedy these problems of socioeconomic isolation. Specifically, the Article argues that Florida has an optimal statutory scheme to easily introduce such a program. The Article gives a description of fair share programs, including federal efforts toward fair share housing and the state programs of California, New Jersey, Massachusetts, Connecticut, and …
Indian Fishing Rights: A Lost Opportunity For Ecosystem Management,
2018
University of Tulsa College of Law
Indian Fishing Rights: A Lost Opportunity For Ecosystem Management, Martin H. Belsky
Florida State University Journal of Land Use and Environmental Law
This Article targets the problem of depletion of salmon and steelhead fisheries in the Northwest United States. The Article provides a brief overview of the Sohappy v. Smith and United States v. Washington decisions, which promoted regulation and conservation of these fisheries. Next, the Article discusses the Ecosystem Management Model, which these courts declined to adopt. Additionally, a description of the legislative measures taken in response to these two cases is provided. The Article concludes that adoption of an ecosystem management approach to fisheries management is essential to the future well-being of the fisheries in the Northwest United States.
The Location And Community Demographics Of Targeted Environmental Hazardous Sites In Florida,
2018
Florida A & M University
The Location And Community Demographics Of Targeted Environmental Hazardous Sites In Florida, Richard D. Gragg Iii, Ronald A. Christaldi, Stephen Leong, Marc Cooper
Florida State University Journal of Land Use and Environmental Law
This Article focuses on the Florida Environmental Equity and Justice Commission's report concerning whether environmental hazards are disproportionately located in minority and low income communities in Florida. The Article provides a comprehensive background of the environmental justice movement in the United States and in Florida. Next, it describes the Commission's study and discusses the methodology that the Commission used for its proximity and demographic analysis. The Article finds that targeted environmental waste sites are disproportionately located near minority and low income communities and suggests the next step in examining environmental justice problems in Florida. Finally, the Article provides comprehensive graphs …
Book Review: Dying From Dioxin: A Citizen's Guide To Reclaiming Our Health And Rebuilding Democracy,
2018
Florida State University College of Law
Book Review: Dying From Dioxin: A Citizen's Guide To Reclaiming Our Health And Rebuilding Democracy, Ronald A. Christaldi
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Adding A Statutory Stick To The Bundle Of Rights: Florida's Ability To Regulate Wetlands Under Current Takings Jurisprudence And The Private Property Rights Protection Act Of 1995,
2018
Florida State University College of Law
Adding A Statutory Stick To The Bundle Of Rights: Florida's Ability To Regulate Wetlands Under Current Takings Jurisprudence And The Private Property Rights Protection Act Of 1995, Tirso M. Carreja, Jr.
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Drawing The Lines In The Shifting Sands Of Cape Canaveral: Why Common Beach Erosion Should Not Yield A Compensable Taking Under The Fifth Amendment,
2018
Florida State University College of Law
Drawing The Lines In The Shifting Sands Of Cape Canaveral: Why Common Beach Erosion Should Not Yield A Compensable Taking Under The Fifth Amendment, Jeremy N. Jungreis
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
The Best Laid Plans: The Rise And Fall Of Growth Management In Florida,
2018
Florida State University College of Law
The Best Laid Plans: The Rise And Fall Of Growth Management In Florida, Mary Dawson
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Fear And Loathing About The Public Right To Know: The Surprising Success Of The Emergency Planning And Community Right-To-Know Act,
2018
University of Massachusetts at Amherst
Fear And Loathing About The Public Right To Know: The Surprising Success Of The Emergency Planning And Community Right-To-Know Act, Sidney M. Wolf
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Balancing Community Needs Against Individual Desires,
2018
Florida State University College of Law
Balancing Community Needs Against Individual Desires, Heather Fisher Lindsay
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
