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.
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.
