Settlement Equals Another Missed Opportunity For The Supreme Court To Define Disparate Impact Claims Under The Fair Housing Act,
2014
University of Baltimore School of Law
Settlement Equals Another Missed Opportunity For The Supreme Court To Define Disparate Impact Claims Under The Fair Housing Act, Erika Flaschner
University of Baltimore Journal of Land and Development
In 2003, the New Jersey Township of Mount Holly designated a neighborhood known as the Gardens as a blighted, high crime area, and called for its redevelopment. The Township adopted a plan to demolish the Gardens and replace it with new residential units, of which only a fraction were designated for affordable housing. However, the predominately minority population of the Gardens filed suit to overturn the blight designation and stop the redevelopment plan on the grounds that the plan violated the Fair Housing Act (FHA) on a disparate impact theory.
Comments: Baltimore City's Green Building Standards, Building Towards An Uncertain Future,
2014
University of Baltimore School of Law
Comments: Baltimore City's Green Building Standards, Building Towards An Uncertain Future, Gregory Franklin
University of Baltimore Journal of Land and Development
In August 2007 the Baltimore City Council passed Council Bill 07-0602 mandating that newly built and "extensively modified" buildings over 10,000 square feet comply with "Green Building Standards." This law is considered among the first and most extensive green building codes to be passed so far in the United States. This law has not surprisingly sparked praise and criticism. While the law has been praised for its potential environmental benefits, it has also been criticized on the grounds that it is stricter than the laws of surrounding jurisdictions and has made building in Baltimore excessively expensive. Moreover, the law has …
Promise Vs. Performance: Why Public Subsidies Of Private Development Are Not Likely To Produce Fair Returns To The Taxpaying Public,
2014
University of Baltimore Law
Promise Vs. Performance: Why Public Subsidies Of Private Development Are Not Likely To Produce Fair Returns To The Taxpaying Public, Marc Knapp
University of Baltimore Journal of Land and Development
On September 10, 2013, the Baltimore City Council gave final approval to Harbor Point, a $1 billion multi-use project to be built on a vacant, remediated brownfield that juts into Baltimore's Inner Harbor. Like many urban development or redevelopment projects, Harbor Point will be supported by significant taxpayer subsidies. Between a $107 million direct investment in project-related infrastructure largely parks that will surround the to-be-built offices, shops and residences, and a waterfront promenade - along with a mixed bag of real estate and income tax incentives, the visible public support to Harbor Point will exceed $200 million, 20% of projected …
Thank You Sir, May I Have Another: The Issue Of The Unsustainablity Of Low Income Housing Tax Credits And Proposed Solutions,
2014
University of Baltimore School of Law
Thank You Sir, May I Have Another: The Issue Of The Unsustainablity Of Low Income Housing Tax Credits And Proposed Solutions, John Baber
University of Baltimore Journal of Land and Development
The Federal Low-Income Housing Tax Credit (LIHTC) program is currently the nation's largest federal subsidy for the development and rehabilitation of affordable housing, having created or preserved over 2.5 million housing units and distributed over $7.5 billion in federal tax credits to developers of and investors in affordable housing from the program's inception in 1986 through 2007. However, despite its monumental size and impact, the program has some potentially fatal flaws that threaten the long-term financial and physical viability of the very affordable housing that it creates, and threatens the health of the neighborhoods that it is created in. Affordable …
Taking On Water: Local Government, Eminent Domain, And The Foreclosure Crisis,
2014
City of Philadelphia
Taking On Water: Local Government, Eminent Domain, And The Foreclosure Crisis, Brian Cullin
University of Baltimore Journal of Land and Development
The 2008 Financial Crisis and the ensuing Great Recession sent shockwaves throughout the U.S. and global economy, wreaking havoc from Wall Street to Main Street. The Crisis harkened economic contraction, high unemployment, and elevated rates of home foreclosure. While the financial industry recovered, spelling an end to one crisis, another continues - the Foreclosure Crisis. The rate of home foreclosure, already ominously on the rise before 2008 and growing in intensity and breadth in the aftermath of the Financial Crisis, provides the foundation for this paper. This article examines an innovative public-private partnership between a private firm, Mortgage Resolution Partners …
Still An Issue: The Taking Issue At 40,
2014
Touro Law Center
Still An Issue: The Taking Issue At 40, Patricia E. Salkin
Touro Law Review
In October 2013, with the launch of Touro Law Center’s new Institute on Land Use and Sustainable Development Law, the Touro Law Review held a symposium to commemorate the 40th anniversary of “The Taking Issue: A Study of the Constitutional Limits of Governmental Authority to Regulate the Use of Privately-Owned Land Without Paying Compensation to the Owners” (The Takings Issue), the Council on Environmental Quality’s seminal report by Fred Bosselman, David Callies and John Banta. For this symposium Touro Law Review assembled some of today’s leading luminaries to reflect on how the taking issue has evolved and to assess where …
Banning Lawns,
2014
University of Denver
Banning Lawns, Sarah Schindler
Sturm College of Law: Faculty Scholarship
Recognizing their role in sustainability efforts, many local governments are enacting climate change plans, mandatory green building ordinances, and sustainable procurement policies. But thus far, local governments have largely ignored one of the most pervasive threats to sustainability — lawns. This Article examines the trend toward sustainability mandates by considering the implications of a ban on lawns, the single largest irrigated crop in the United States. Green yards are deeply seated in the American ethos of the sanctity of the single-family home. However, this psychological attachment to lawns results in significant environmental harms: conventional turfgrass is a non-native monocrop that …
Maximizing What We Have—The Challenge To Preserve Open Space With No Dedicated Local Funding Source,
2014
Sacramento Valley Conservancy
Maximizing What We Have—The Challenge To Preserve Open Space With No Dedicated Local Funding Source, Aimee Rutledge
McGeorge Law Review
No abstract provided.
Storm Surges, Disaster Planning, And Vulnerable Populations At The Urban Periphery: Imagining A Resilient New York After Superstorm Sandy,
2014
CUNY School of Law
Storm Surges, Disaster Planning, And Vulnerable Populations At The Urban Periphery: Imagining A Resilient New York After Superstorm Sandy, Andrea L. Mcardle
Publications and Research
In the aftermath of Sandy, the destructive superstorm that had a devastating impact in New York City and other parts of the Northeastern U.S. in 2012, ideas and data proliferate about how coastal cities, such as New York, can pursue strategies of resilience to help withstand the next weather-related onslaught. This article argues that whether the city in fact acts resiliently must take into account the extent to which its proposals respond to the needs of vulnerable people housed along its coastline. Superstorm Sandy put a face to vulnerability, including 6,800 evacuees assigned to shelters, 1,800 of whom were residents …
Vehicle Miles Traveled And Sustainable Communities,
2014
Santa Clara University School of Law
Vehicle Miles Traveled And Sustainable Communities, Dorothy J. Glancy
McGeorge Law Review
No abstract provided.
Unpermitted Urban Agriculture: Transgressive Actions, Changing Norms, And The Local Food Movement,
2014
University of Denver
Unpermitted Urban Agriculture: Transgressive Actions, Changing Norms, And The Local Food Movement, Sarah Schindler
Sturm College of Law: Faculty Scholarship
Roberta keeps four chickens in her backyard. Bob snuck onto the vacant lot next door, which the bank foreclosed upon and now owns, and planted a vegetable garden. Vien operates an occasional underground restaurant from his friends' microbrewery after beer-making operations cease for the day. The common thread tying these actions together is that they are unauthorized; they are being undertaken in violation of existing laws and often norms. In this Article, I explore ideas surrounding the overlap between food policy and land use law, specifically the transgressive actions that people living in urban and suburban communities are undertaking to …
Adjudications,
2014
University of New Mexico - School of Law
Adjudications, Brigette Buynak, Darcy S. Bushnell
Water Matters!
Adjudications are lawsuits that take place in state or federal court to resolve all claims to water use in the state of New Mexico, including those of Pueblos, tribes and the federal government. These cases are required by statute to create a formal inventory of water uses and to facilitate administration of New Mexico’s surface and groundwater. The geographic scope of each case is generally described by a stream system and occasionally by a groundwater basin. By statute, the State is always the plaintiff. The mission is to formally identify and recognize all valid water rights in each area being …
The Rocky Mountain Arsenal National Wildlife Refuge: On A Rocky Road To Creating A Community Asset, 47 J. Marshall L. Rev. 1401 (2014),
2014
UIC School of Law
The Rocky Mountain Arsenal National Wildlife Refuge: On A Rocky Road To Creating A Community Asset, 47 J. Marshall L. Rev. 1401 (2014), Rachel Salcido
UIC Law Review
This paper examines the RMA Refuge restoration in terms of key benchmarks of successful restorations: 1) biological integrity; 2) historical fidelity; 3) identifying root causes of and addressing practices leading to environmental degradation; and finally, 4) public engagement, connecting with the public and encouraging environmentalism.
Mitigating The Adverse Impacts Of Hydraulic Fracturing: A Role For Local Zoning?,
2014
Elisabeth Haub School of Law at Pace University
Mitigating The Adverse Impacts Of Hydraulic Fracturing: A Role For Local Zoning?, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
This article focuses on the action localities have taken toward mitigating some of the adverse impacts of hydraulic fracturing, or hydrofracking. The Article will explore impacts at the local level and will show the governance gap that has resulted from federal and state regulations that leave many local impacts unmitigated. Zoning laws and other practices that local governments are adopting are also discussed, explaining why state preemption over the traditional role of local governments in regulating this particular heavy industrial activity is not the ideal situation.
Preface To Protecting The Environment Through Land Use Law: Standing Ground,
2014
Elisabeth Haub School of Law at Pace University
Preface To Protecting The Environment Through Land Use Law: Standing Ground, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Protecting the Environment Through Land Use Law: Standing Ground takes a close look at the historical struggle of local governments to balance land development with natural resource conservation. This book updates and expands on his four previous books, which established a comprehensive framework for understanding the many ways that local land use authority can be used to preserve natural resources and environmental functions at the community level. Standing Ground describes in detail how localities are responding to new challenges, including the imperative that they adapt to and help mitigate climate change and create sustainable neighborhoods. This body of work emphasizes …
Setting The Table For Urban Agriculture,
2014
Pace University School of Law
Setting The Table For Urban Agriculture, Margot J. Pollans
Elisabeth Haub School of Law Faculty Publications
This article provides context for the various roles that law plays in the cultivation of urban agriculture. This article first reflects on how popular support for the development of a legal framework that promotes urban agriculture is rooted deeply in American agrarian traditions. The article then notes the palatable tension between the rhetoric in support of urban agriculture and the modes of urban law and planning that dominated the twentieth century. It considers how various approaches to urban planning have facilitated or thwarted urban agriculture and surveys recent legal developments designed to accommodate and encourage urban agriculture projects as alternatives …
Preserving Preservation: Long Green Valley Association, Conservation Easements, And Charitable Trust Doctrine,
2014
University of Maryland Francis King Carey School of Law
Preserving Preservation: Long Green Valley Association, Conservation Easements, And Charitable Trust Doctrine, Alyssa J. Domzal
Maryland Law Review
No abstract provided.
Profile - The Wildlife Conservation Society,
2014
New York Law School
Profile - The Wildlife Conservation Society, James Hagy, Lana Buchbinder, Barbara Beau
Rooftops Project
What might it be like if your not-for-profit was responsible for projects with occupants consisting of humans plus some 1,700 other species? How can physical location and the needs of animals and visitors be harmonized through architectural design? Barbara Beau, Lana Buchbinder, and Professor James Hagy of The Rooftops Project interview Sue Chin about her work as Chief Architect at the Wildlife Conservation Society.
The Spirit Of The Buffalo: The Past And Future Of An American Plains Icon,
2014
Brooklyn Law School
The Spirit Of The Buffalo: The Past And Future Of An American Plains Icon, William Holland
Animal Law Review
Though bison are iconically associated with the United States, their historical fortunes have often been opposite those of the U.S. As the nation expanded westward, government policy, demand for bison products, and changing land use perilously reduced bison numbers. Efforts to restore bison have been complicated by overlapping legal concerns: state, federal, tribal, and constitutional. This Note examines the legal context surrounding bison restoration, focusing particularly on the critical herd connected with Yellowstone National Park. Former members of the Yellowstone herd, in turn, are the subjects of the Montana Supreme Court's 2013 ruling in Citizens for Balanced Use v. Maurier, …
Water Governance Challenges In New Mexico's Middle Rio Grande Valley: A Resilience Assessment,
2014
University of New Mexico
Water Governance Challenges In New Mexico's Middle Rio Grande Valley: A Resilience Assessment, Melina Harm Benson, Dagmar Llewellyn, Ryan Morrison, Mark Stone
Publications
No abstract provided.
