Reforming New York City's "Ulurp": Less Confusing Than Its Name,
2017
St. John's University School of Law
Reforming New York City's "Ulurp": Less Confusing Than Its Name, Alfred M. Williams, Jr.
Journal of Civil Rights and Economic Development
No abstract provided.
The Clark Fork Coalition V. Tubbs,
2017
University of Montana School of Law
The Clark Fork Coalition V. Tubbs, Jonah P. Brown
Public Land & Resources Law Review
Before landowners may appropriate groundwater in Montana, they must first apply for a DNRC permit pursuant to the Montana Water Use Act. Landowners may qualify for an exemption from the arduous permitting process if their appropriation meets certain criteria. However, the Act provides an exception to the exemption when a “combined appropriation” from the same source is in excess of ten acre-feet per year. The Clark Fork Coalition v. Tubbs affirmed the district court’s invalidation of the DNRC rule defining “combined appropriation” to only include physically connected groundwater wells.
Murray Energy Corporation V. Mccarthy,
2017
University of Montana School of Law
Murray Energy Corporation V. Mccarthy, Sarah M. Danno
Public Land & Resources Law Review
Holding that the widespread effects of environmental regulation on the coal industry constituted sufficient importance, the Northern District of West Virginia ordered the Environmental Protection Agency to conduct analysis on employment loss and plant reduction resulting from regulatory effects. In admonishing the EPA’s inaction, the court ruled that the Agency had a non-discretionary duty to evaluate employment and plant reduction. Furthermore, the court held that the EPA’s attempt to put forth general reports in place of required evaluations was an invalid attempt to circumvent its statutory duty.
Takings And Coastal Management (Legal Fact Sheet: Ctsg-17-02),
2017
Rhode Island Sea Grant Law Fellow
Takings And Coastal Management (Legal Fact Sheet: Ctsg-17-02), Audrey Elzerman
Sea Grant Law Fellow Publications
No abstract provided.
Mineral Estate Conservation Easements: A New Policy Instrument To Address Hydraulic Fracturing And Resource Extraction,
2017
Stanford University
Mineral Estate Conservation Easements: A New Policy Instrument To Address Hydraulic Fracturing And Resource Extraction, Robert B. Jackson, Jessica Owley, James Salzman
Journal Articles
In a few short years, hydraulic fracturing has transformed the oil and natural gas industries and changed the landscape of energy policy, while generating major conflicts over local land use decisions. Individuals and communities have turned to the law to restrict oil and natural gas production with mixed success. While little explored, there is also potential for private efforts to restrict fracking.
We propose a novel tool, the Mineral Estate Conservation Easement (MECE), to provide landowners with the ability to restrict hydraulic fracturing and other oil and gas subsurface activities in areas of particular social or ecological vulnerability. The article …
Urban Development Legislation For Cities, By Cities,
2017
University of Maine School of Law
Urban Development Legislation For Cities, By Cities, Kellen Zale
Maine Law Review
Thank you so much for inviting me to speak as part of this symposium. It is a great honor to be here in the company of such distinguished speakers to learn about the impressive legacy of Senator Muskie. My presentation today connects the legacy of Senator Muskie, and specifically, his work on urban development and Model Cities, to contemporary urban development legislation. Thus, this presentation picks up where my co-panelist, Don Nicoll, left off, by considering how the Model Cities legacy is both a foundation of and a counterpoint to contemporary urban development policies and programs. While urban development legislation …
Model Cities, Senator Muskie And Creative Federalism,
2017
University of Maine School of Law
Model Cities, Senator Muskie And Creative Federalism, Donald E. Nicoll
Maine Law Review
The odd couple partnership of Senator Edmund S. Muskie and President Lyndon B. Johnson in the passage of the Demonstration Cities and Metropolitan Development Act of 1966 is a story with several subplots and insights into their different approaches to the art of democratic governance. For Senator Muskie, the president’s proposal was based on valid concepts, but he doubted the legislation’s viability in the Senate and he had serious reservations about its timeliness and capacity to address the problems the legislation was supposed to solve. The President was determined that the ambitious initiative, developed by a secret task force he …
Edmund Muskie's Creative Federalism And Urban Development Today,
2017
University of Maine School of Law
Edmund Muskie's Creative Federalism And Urban Development Today, Peter Pitegoff
Maine Law Review
How fitting it is to view urban development policy today with reference to Edmund Muskie and his role as U.S. Senator from Maine in the 1966 enactment of the Model Cities Program. The University of Maine School of Law is honored that the Maine Law Review 2014 symposium is part of this centennial celebration of Ed Muskie’s life and work. His wide-ranging career brought Muskie from Maine—where he served as state legislator and Governor—to national and global affairs as Senator, Secretary of State, and Vice Presidential nominee, and in other prominent leadership roles. We are fortunate to welcome Don Nicoll …
Maine's Open Lands: Public Use Of Private Land, The Right To Roam And The Right To Exclude,
2017
University of Maine School of Law
Maine's Open Lands: Public Use Of Private Land, The Right To Roam And The Right To Exclude, Peter H. Kenlan
Maine Law Review
On a late summer afternoon, a boy pilots a small boat toward a deserted beach while another crouches in the bow with an anchor poised and ready. As the boat gently scrapes to a halt, the anchor lands in the wet sand with a dull thud and the two boys splash ashore. Equipped only with peanut butter sandwiches, they set off along the beach looking for tide pools. Behind them, they leave only a few ephemeral footprints--readily erased by the waves. On a bright and clear February morning, a man rides his snowmobile along a well-traveled trail. The scenery flashes …
Lotting Large: The Phenomenon Of Minimum Lot Size Laws,
2017
University of Maine School of Law
Lotting Large: The Phenomenon Of Minimum Lot Size Laws, Paul Boudreaux
Maine Law Review
A dominant feature of American metropolitan areas is large lot zoning—the policy through which only house lots of a minimum size are permitted. This practice of "lotting large" contributes greatly to the sprawling nature of American suburbs. By restraining the supply of housing, large lot zoning laws please existing suburban homeowners. But they harm all other segments of the American populace, including the million new households who seek a home in the United States each year. This article explains how courts have been unwilling or unable to impose any meaningful restraints on local governments. It develops a simple economic model …
University Of Baltimore Journal Of Land And Development, Volume 7, Issue 1,
2017
University of Baltimore Law
University Of Baltimore Journal Of Land And Development, Volume 7, Issue 1
University of Baltimore Journal of Land and Development
No abstract provided.
Boggs V. Merideth And The Present And Future Laws And Regulations Of Drone Usage,
2017
University of Baltimore Law
Boggs V. Merideth And The Present And Future Laws And Regulations Of Drone Usage, Brady Getlan
University of Baltimore Journal of Land and Development
In recent years, due to the emerging technology in the field of Unmanned Aviation Systems “Drones”, the laws of drones have come to the foreground of legal analysis. Since 2012, the Federal Aviation Administration (FAA) has set out various guidelines for numerous aspects of drone usage and ownership. The rules and guidelines for drones vary depending on whether the drone is being used for recreational use, or for commercial use. This article will focus on the laws and regulations associated with personal drone usage, and the legal impact of a recent federal case, Boggs v. Merideth.
The Impacts Of Allowing Cities To Have Standing Against Predatory Lenders Under The Fair Housing Act,
2017
University of Baltimore Law
The Impacts Of Allowing Cities To Have Standing Against Predatory Lenders Under The Fair Housing Act, Andrew Howell
University of Baltimore Journal of Land and Development
No abstract provided.
University Of Baltimore Journal Of Land And Development, Volume 6, Issue 2,
2017
University of Baltimore Law
University Of Baltimore Journal Of Land And Development, Volume 6, Issue 2
University of Baltimore Journal of Land and Development
No abstract provided.
What The Fraction: A Divisive Look Into The Necessary Revisions To The Department Of Interior’S Fractionated Land Buy-Back Program Amongst Diminishing Funding,
2017
University of Baltimore Law
What The Fraction: A Divisive Look Into The Necessary Revisions To The Department Of Interior’S Fractionated Land Buy-Back Program Amongst Diminishing Funding, David Baxter
University of Baltimore Journal of Land and Development
No abstract provided.
On Dangerous Ground? The Turf War Over Crumb Rubber: Potential Liability For Manufacturers And Municipalities,
2017
University of Baltimore Law
On Dangerous Ground? The Turf War Over Crumb Rubber: Potential Liability For Manufacturers And Municipalities, Dr. Sharlene A. Mcevoy
University of Baltimore Journal of Land and Development
There is an ongoing trend across the United States for athletic fields and playgrounds to install crumb rubber in lieu of natural grass surfaces. There are conflicting studies as to whether this material is safe and if continuous exposure can lead to cancer in those who use these play areas.
Symposium On Baltimore’S Port Covington Redevelopment Project,
2017
University of Baltimore Law
Symposium On Baltimore’S Port Covington Redevelopment Project, Suraj Vyas, Gillian Rathbone-Webber, Patrick Terranova, Lawrence Brown Phd, Thomas Prevas, Alexandra Athans, Christopher K. Croft
University of Baltimore Journal of Land and Development
No abstract provided.
Big Cities V. Big Banks: Does A Municipality Have Standing To Sue?,
2017
University of Baltimore Law
Big Cities V. Big Banks: Does A Municipality Have Standing To Sue?, Hamda Hussein
University of Baltimore Journal of Land and Development
No abstract provided.
Three Issues The National Park System Faces In 2017,
2017
University of Baltimore Law
Three Issues The National Park System Faces In 2017, Andrew Waggoner
University of Baltimore Journal of Land and Development
No abstract provided.
Consistency With Comprehensive Plans: Does Maryland Law Mean What It Says, Or Say What It Means?,
2017
University of Baltimore Law
Consistency With Comprehensive Plans: Does Maryland Law Mean What It Says, Or Say What It Means?, Royce Hanson
University of Baltimore Journal of Land and Development
No abstract provided.
