Land Use Law Commons^™

The Future Of Pandemics: Land Use Controls As Means Of Preventing Zoonotic Disease, Bailey Andree

Pace International Law Review

Zoonotic diseases are increasing in frequency as climate change worsens around the world, with the recent COVID-19 pandemic highlighting the inadequate mechanisms in place to counteract disease spread. This article reviews various zoonotic diseases and their patterns of spread, highlighting land use change as the key driver of disease to demonstrate the need for legal intervention. International land use law is a little-developed subsect of environmental law that holds the key to combating this disease spread, and this article proposes solutions through this legal lens. Land use techniques which may be used to combat disease spread include conservation laws, setback …

Conservation Easements: A Tool For Preserving Wildlife Habitat On Private Lands, Robin M. Rotman, Sarah A. Brown, Michael A. Powell, Sonja A. Wilhelm Stanis

Faculty Publications

Conservation easements are an essential tool for conserving private lands, and they have great potential for enhancing wildlife habitat and biodiversity. Private land conservation in the United States is likely to increase in the coming years, in light of Executive Order No. 14,008, issued by President Joseph Biden on January 27, 2021, which set a goal of conserving at least 30% of U.S. lands and waters by 2030 (Executive Office of the President 2021). There is, therefore, a need to evaluate the effect of conservation easements on wildlife habitat and biodiversity and to make recommendations for further enhancing the effectiveness …

New York Environmental Legislation In 2022, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

Several significant environmental bills were enacted by the New York legislature and signed by Gov.Kathy Hochul in 2022, and several others were vetoed. As a result of measures enacted last year, New York will see $4.2 billion invested in environmental protection, restoration, climate resiliency and clean energy projects; potential disproportionate and inequitable impacts on disadvantaged communities will become a key factor in determining whether environmental permits are issued; and apparel containing intentionally added per- and polyfluoroalkyl substances (PFAS) will no longer be sold in the state. In addition, important changes were made to New York’s brownfield and wetlands laws. These …

Zoning And Land Use, Newton M. Galloway, Steven L. Jones

Mercer Law Review

Since 2017, this Georgia Survey of zoning law has annually chronicled judicial decisions transforming legislative zoning decisions into quasi-judicial actions, starting with City of Cumming v. Flowers, which held that a local government decision on a variance is quasi-judicial and may only be appealed by writ of certiorari. Subsequently, the Georgia Court of Appeals in York v. Athens College of Ministry held that consideration of a special/conditional use permit is also a quasi-judicial decision, thus extending the holding of City of Cumming. Though the appeal of a zoning decision has traditionally been de novo, York prohibited parties from …

W. Org. Res. Councils, Et Al. V. U.S. Bureau Of Land Mgmt., Sawyer J. Connelly

Public Land & Resources Law Review

The United States District Court for the District of Montana granted Plaintiffs summary judgment against BLM and the State of Wyoming. The court ruled that BLM violated NEPA and the APA because it failed to consider alternative leasing programs and the broad downstream impacts of coal, oil, and gas leasing in two Powder River Basin resource management plans. This decision followed WORC I & II, in which the court remanded the same plans to BLM to correct deficiencies. Following BLM’s revisions, Plaintiffs again sued in this case, arguing the revisions were still deficient under NEPA.

Blocking Nature's Vulnerable Calls For Help: The Tenth Circuit Dials Into The Telecommunications Act's Federal Environmental Preemption Clause In Santa Fe Alliance V. City Of Santa Fe, Samantha Speiss

Villanova Environmental Law Journal

No abstract provided.

The Clean Water Act: Wading Back Into Muddy Interpretations, Kord Wilkerson

Mississippi College Law Review

“Fresh water: everything that lives on land, animal or plant, depends upon it.” A necessity to our very livelihood, our nation’s waters must be protected. As concern grows over Earth’s stability, and environmental issues in particular, clean water has been at the forefront of this Gordian knot. To mitigate our nation’s impact on water cleanliness, state organizations, environmental activists, and the Environmental Protection Agency have joined forces in an effort to create and enforce environmental protection.

These water quality efforts, however, have not come without struggle. The creation, enforcement, and efficiency of legislation to mitigate water pollution in certain water …

Something Stinks: The Need For Stronger Agricultural Waste Regulations, Audrey Curelop

Washington and Lee Law Review

In the twentieth century, the American agricultural industry underwent significant changes—while most food animals were once raised on small family farms, now, over fifty percent are produced entirely inside concentrated animal feeding operations. These large‑scale farming operations house hundreds to thousands of cows, swine, or chickens, which collectively produce hundreds of millions of tons of waste per year. The primary method of waste disposal is land application, a process in which waste is sprayed or spread onto land with no required pretreatment. After land application, waste byproducts make their way into the surrounding air and waterways, posing significant threats to …

Agricultural Carbon: The Land, Landowner, And Farmer, Barclay Rogers

Journal of Food Law & Policy

Carbon is certainly a hot topic in agriculture. Across the countryside, farmers, landowners, agricultural service providers, and many others are trying to understand what carbon is about and what it may mean to them. One of the more interesting topics around agricultural carbon concerns the relationship between the landowner and tenant farmers on absentee-owned land (i.e., land that is farmed by someone other than the person who owns it). This article provides a brief background on the agricultural carbon opportunity and explores some ideas about how to pursue the opportunity on absentee-owned farmland.

Municipalities Could Provide Valuable Second-Life Uses Of Electric Vehicle Li-Ion Batteries While Legislators And Manufacturers Refine Safe Recycling And Disposal Practices, Heather D. Stewart

Environmental and Earth Law Journal (EELJ)

As consumers are embracing emerging electric vehicles (EVs) as an important step to take in combating climate change, the reality is that the EV solution has some serious short-term issues to address, especially when evaluating the lithium-ion batteries (LIBs) that power most EVs. This comment first discusses the potential problems associated with the lack of recycling and disposal technology as well as regulations that are available for EV LIBs. Even though consumers and regulators alike are supportive that fossil fuel-burning internal combustion engines need to be replaced with cleaner transportation options such as EVs, policies, and proclamations are still subject …

Addressing The Disproportionate Adverse Health Effects Among Bipoc Communities As A Result Of Environmental Racism, Lindsay M. Farbent

Environmental and Earth Law Journal (EELJ)

This article examines factors that contribute to the negative health impacts on Black Americans, other minorities, and low-income communities that are living in areas with high levels of air pollution, toxic waste, and environmental hazards. First, this article assesses the role of historical residential redlining on the segregation of BIPOC neighborhoods. Furthermore, the article addresses gaps in both federal and state environmental laws that allow facilities to keep obtaining permits and polluting in BIPOC and primarily low-income neighborhoods. Moreover, the article explains the higher rates of trauma, stress, and stress-related illnesses among BIPOC communities exposed to high levels of environmental …

Is Bitcoin The New Gold? The Two May Be More Similar Than You Think, Including Their Value, Uses, And Deleterious Effects On The Environment, Justin Allen

Environmental and Earth Law Journal (EELJ)

In the 1850s, the Gold Rush started in the United States, and in 2010, an analogous phenomenon, the Cryptoboom, began. Similar to the Gold Rush, Bitcoin’s initial boom was marred by the deleterious effects that mining for valuable coins had on the environment, but there are steps that can be taken to mitigate the negative effect cryptocurrencies have on the environment. Cryptocurrencies, including Bitcoin and the blockchain technology that powers cryptocurrencies, have been widely embraced by many people, corporations, and even entire governments for a multitude of reasons. Some have embraced the fruits of blockchain to use as a decentralized …

Miami Is Setting The Expectation On How Coastal Communities In Florida Should Respond To Protect Homeowners From The Sinking State, Dayana B. Blanco

Environmental and Earth Law Journal (EELJ)

This note begins by explaining what environmental factors are causing the sea level rise to increase at just a rapid pace and how coastal communities are ultimately affected. Because Florida is a slice of paradise within the states, it causes the population to increase vastly. Thus, millions of homeowners could face tragic consequences, such as total inundation of residential homes, flooding within the community, and a drastic decrease in home value. In response to this natural disaster, in 2021, Governor Ron DeSantis passed Senate Bill 1954 into law, which requires the Department of Environmental Protection to complete a statewide flood …

Congress Invests In A New Generation: The Future Of Commercial Fishing Is Supported By The Implementation Of The Young Fishermen’S Development Act, Shayla Alltop

Environmental and Earth Law Journal (EELJ)

This note speaks to the importance and potential impact of the Young Fishermen’s Development Act. This ongoing, historical legislation, ultimately signed into law on January 5, 2021, will establish funds over several fiscal years to support the future of commercial fishing. The Alaska and New England regions are discussed briefly to show the significance of the commercial fishing industry to those areas. An overview of the Act is provided, and the context for its need is explained as it relates to the industry’s entrants. Further, the phenomenon known as “graying of the fleet” is examined, as well as some of …

Brigham-Kanner Property Rights Journal, Volume 11, William & Mary Law School

Brigham-Kanner Property Rights Journal

The Role of Empirical Research

September 30-October 1, 2021

Panel 1: The Role of Empirical Research in Defining the Scope of Constitutionally Protected Property Rights: A Tribute to Been

Panel 2: The Relationship Between Eminent Domain and Social and Racial Injustice

Panel 3: The Interdependence of Property and First Amendment Rights

Panel 4: The Distributional Implications of Land Use Regulation

Issue Brief: Impact Assessment And Responsible Business Guidance Tools In The Extractive Sector: An Environmental Human Rights Toolbox For Government, Business, Civil Society & Indigenous Groups, Sara L. Seck, Penelope Simmons, Charlotte Connolly

Responsible Business Conduct and Impact Assessment Law

This issue brief provides an overview of the impact assessment and responsible business conduct toolbox for the extractive sector. The toolbox provides guidance on how governments, businesses, civil society, and Indigenous groups may encourage and adopt a human rights approach to impact assessment (IA). It forms part of a broader research project aimed at highlighting the interrelationship between IA laws and Responsible Business Conduct (RBC) tools, funded by the Social Sciences & Humanities Research Council (SSHRC) Knowledge Synthesis Grant: Informing Best Practices in Environmental & Impact Assessments (the “KSG”).

Streaming Property, Lee Anne Fennell

Northwestern University Law Review

People acquire property rights in objects and real estate in order to capture the stream of services that these assets can provide over time. The thing or parcel itself is merely a delivery mechanism, a way of packaging and protecting rights to that value stream. And, significantly, these assets cannot stream services to anyone without a set of facilitating conditions and complementary goods, such as public infrastructure, that do not lie within the asset owner’s individual control. This Essay argues that we can gain fresh traction on inequality by recasting property as service streams rather than as owned things. Doing …

Affirmative Policy Sebagai Bentuk Diskriminasi Positif Dalam Perolehan Hak Milik Atas Tanah Bagi Warga Negara Indonesia Keturunan Nonpribumi Di Daerah Istimewa Yogyakarta, Fachriza C. Limuris

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The privileges of the Special Region of Yogyakarta which are affirmed in Law Number 13 of 2012 directly give authority over land matters. The problem that occurs is that it is not possible for Indonesian citizens of non-indigenous descent to obtain land ownership rights based on the Instruction of the Head of the DIY Region Number K.898/I/A/1975 regarding the Uniform Policy on the Granting of Land Rights to a non-Indigenous Indonesian citizen. This study aims to determine the ownership of land rights in Yogyakarta in terms of history, then to examine the concept of justice related to land ownership rights …

Book Review: Creating Indigenous Property: Power, Rights, And Relationships, F. Tim Knight

Librarian Publications & Presentations

No abstract provided.

A Legal Map Of New Local Parkland, Daniel B. Rosenbaum

Marquette Law Review

Public parks play consequential roles in local communities. Parks can raise property values, encourage or inhibit sprawl, and promote health, safety, and social cohesion. The decision to create a park affects development in the surrounding area and dictates which residents can easily access the property’s new amenities—and which residents cannot.

Yet, public stakeholders are given few signposts in making and monitoring public park acquisitions. Data on new parkland is scarce; moreover, the legal framework undergirding the process is poorly understood and rarely explored, particularly at the local government level. Although local governments are America’s leading stewards and gatekeepers of public …