Recent Developments In Land Use And Environmental Law,
2018
Florida State University College of Law
Recent Developments In Land Use And Environmental Law, Luke Sherlock, Christopher Mettler
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, as well as notable legislation recently passed by the Florida Legislature. In addition to the sources cited in this section, the reader is encouraged to consult the official website of the Florida Legislature at , the Florida Department of Environmental Protection's website at , and the Florida Department of Community Affairs' website at Other useful sources the reader may wish to consult include the website of the Environmental Land Use Section of the Florida Bar, , and the Florida Environmental Compliance Update, available through M. …
Delegation And Discretion: Structuring Environmental Law To Protect The Environment,
2018
Florida State University College of Law
Delegation And Discretion: Structuring Environmental Law To Protect The Environment, Michael N. Schmidt
Florida State University Journal of Land Use and Environmental Law
This article, winner of the Florida Bar Environmental and Land Use Law Section's 2000 Dean. Frank E. Maloney Memorial Writing Contest, reviews the District of Columbia Circuit Court's decision in American Trucking Associations, Inc. v. United States Environmental Protection Agency. The D.C. Circuit "sent shock waves through the environmental community" by reviving the nondelegation doctrine, after sixty years of dormancy, in American Trucking Associations, Inc. v. United States Environmental Protection Agency. The court used the nondelegation doctrine to restrict the Environmental Protection Agency's (EPA) discretionary decision making capacity, which could have a sweeping effect on Congress' authority to defer to …
The Tri-State Compact: Falling Waters And Fading Opportunities,
2018
Florida State University College of Law
The Tri-State Compact: Falling Waters And Fading Opportunities, Dustin S. Stephenson
Florida State University Journal of Land Use and Environmental Law
This timely article reviews the history and current status of the Apalachicola-Chattahoochee-Flint River Basin Compact, a tri-state water compact between Alabama, Florida, and Georgia. In the United States, water rights disputes are common in the arid West, where the supply of water is simply not plentiful when compared to the vast area of land; in fact, the western water rights doctrine dates back to the Gold Rush days of the mid 1800's. However, the Southeastern United States, with its humid climate, lush greenery, and plentiful rainfall, has always had an abundant water supply for its needs. Therefore, the region has …
Environmental Law In Cuba,
2018
Tulane Law School
Environmental Law In Cuba, Oliver A. Houck
Florida State University Journal of Land Use and Environmental Law
This groundbreaking article describes the evolution of Cuban environmental law. It begins by hazarding a summary of the machinery of government. It then moves to consider early environmental laws and policies, the emergence of a new environmental ministry in 1994, a new framework environmental law in 1997, subsequent programs for environmental impact assessment, coastal zone management, and biological diversity, and first steps towards their implementation. It ends with an assessment of special economic, political and legal challenges Cuba faces and their relationship to environmental policy. The questions are obvious. The answers are not, but their pursuit is very much in …
Recent Developments In Land Use And Environmental Law,
2018
Florida State University College of Law
Recent Developments In Land Use And Environmental Law, Leslie Bryson
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
2000 Recommended Web Sites For Wetlands Law,
2018
Florida State University College of Law
2000 Recommended Web Sites For Wetlands Law, I. Wes Wheeler
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
The Emerging Federal Role In Growth Management,
2018
Florida State University College of Law
The Emerging Federal Role In Growth Management, Jason C. Rylander
Florida State University Journal of Land Use and Environmental Law
In his comment, The Emerging Federal Role in Growth Management, author Jason Rylander argues for a more prominent federal role in state and local land use decisions. The author champions the Clinton-Gore Livability Agenda, a recent proposal designed to encourage state and local governments to adopt certain land use restrictions in exchange for substantial federal funding. Urban sprawl and the resulting traffic congestion experienced by an increasing number of U.S. cities is the fuel behind this sweeping enterprise. Federal intervention in land use policy is not a new phenomenon. The comment documents the numerous federal housing and land use programs …
Factors For Determining Validity Of Evidence In Clean Air Act Litigation,
2018
Florida State University College of Law
Factors For Determining Validity Of Evidence In Clean Air Act Litigation, Susan Norton
Florida State University Journal of Land Use and Environmental Law
This article focuses on the expanded liability and enforcement exposure that major stationary sources bear under the Clean Air Act Amendments of 1990 and subsequent EPA rules known as the "Any Credible Evidence" Rule and the "Compliance Assurance Monitoring" Rule. The article notes that these regulations fail to adequately define "credible evidence" and argues that a definition, and thus an intelligible evidentiary analysis, can be fashioned based on the Supreme Court's ruling in Daubert v. Merrell Dow Pharmaceuticals, Inc., as supported by the more recent cases of Joiner and Kuhmo Tire. The article's thesis is that demonstration of scientific validity …
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 …
