Land Use Law Commons^™

Electric Vehicles At The Expense Of Communities: Lithium Mining And The Deprivation Of Argentinian Indigenous Peoples’ Rights, Christopher Orjuela

Brooklyn Journal of International Law

Lithium has become a valuable commodity and resource globally. The metal’s power generating and storing qualities have directly contributed to the development of the lithium-ion battery, which is primarily used in electric vehicles. As the demand for electric vehicles continuously grows, electric vehicle manufacturers require substantially larger quantities of lithium to ensure their supply meets demand. Thus, manufacturers rely on lithium mining companies to establish mining operations in lithium dense areas and extract tremendous amounts of the element. One country where an abundance of lithium can be found is Argentina. Known as one of the countries comprising the “lithium triangle,” …

Expectation V. Reality: Practical Problems With The Right Of First Refusal As A Defense Against Eminent Domain, Aerin Christensen

BYU Law Review

In the wake of the U.S. Supreme Court’s decision in Kelo v. New London, many states enacted new laws to protect property owners from eminent domain. One possible defense for property owners is a statutory right of first refusal. In theory, this is a common-sense protection that ensures that if property is not needed for a public use, it is returned to the original owner. Unfortunately, in practice a right of first refusal is not always an effective protection for property owners.

The plaintiff’s experience in the Utah case Cardiff Wales, LLC v. Washington County School District demonstrates Utah’s statutory …

An Originalist Approach To Puerto Rico: Arguments Against The Status Quo, Micah Allred

Notre Dame Law Review Reflection

Few originalists have grappled with a fundamental question about Puerto Rico: whether the Constitution permits the United States to hold the island indefinitely as nonstate territory. There are reasons to doubt that it does. The main purpose of the Constitution’s territorial provisions was to allow Congress to transition the then West-ern Territory into states. And, as a structural matter, Congress’s direct authority over Puerto Ricans conflicts with important constitutional principles such as federalism. But for originalists, arguments from purpose and structure are helpful only insofar as they elucidate the original meaning of the Constitution’s text. This Article lays out two …

Climate Zoning, Christopher Serkin

Notre Dame Law Review

As the urgency of the climate crisis becomes increasingly apparent, many local governments are adopting land use regulations aimed at minimizing greenhouse gas (GHG) emissions. The emerging approaches call for loosening zoning restrictions to unlock greater density and for strict new green building codes. This Article argues that both approaches are appropriate in some places but not in others. Not all density is created equal, and compact multifamily housing at the urban fringe may actually in-crease GHG emissions. Moreover, where density is appropriate, deregulation will not necessarily produce it. And, finally, green building codes will increase housing costs and so …

Restore Texas Land: A Proposal To Utilize Emission Reduction Credits To Fund The Railroad Commission Of Texas' Well Plugging Initiative, George Coates Roberts

St. Mary's Law Journal

No abstract provided.

Brief Of Amicae Curiae Susan Boundy-Sanders And Paula Waters In Support Of Friends Of Sammamish Valley And Futurewise, King County V. Friends Of Sammamish Valley, Washington State Supreme Court Docket No. 102177-1, William Bailey

Court Briefs

No abstract provided.

What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward

Public Land & Resources Law Review

No abstract provided.

Avoiding The Pitfalls In Administrative Record Review Cases, Kim Wilson, Brian Brammer

Public Land & Resources Law Review

No abstract provided.

Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier

Public Land & Resources Law Review

No abstract provided.

States Of Mind Or State Of Crime: Exploring The Prosecution Of Environmental Crimes In The Western United States, Joshua Ozymy, Melissa Ozymy

Public Land & Resources Law Review

No abstract provided.

Cutting The Mussel's Threads: A Legal Perspective On Invasive Species, Hallee C. Frandsen

Public Land & Resources Law Review

No abstract provided.

Leveraging Esg Principles To Help Secure Critical Mineral Supply Chains, Kaycee May Royer

Public Land & Resources Law Review

No abstract provided.

Editors And Staff Members

Public Land & Resources Law Review

No abstract provided.

Reviving Indian Country: Expanding Alaska Native Villages’ Tribal Land Bases Through Fee-To-Trust Acquisitions, Alexis Studler

Michigan Journal of Race and Law

For the last fifty years, the possibility of fee-to-trust acquisitions in Alaska has been precarious at best. This is largely due to the Alaska Native Claims Settlement Act of 1971 (ANCSA), which eschewed the traditional reservation system in favor of corporate land ownership and management. Despite its silence on trust acquisitions, ANCSA was and still is cited as the primary prohibition to trust acquisitions in Alaska. Essentially, ANCSA both reduced Indian Country in Alaska and prohibited any opportunities to create it, leaving Alaska Native Villages without the significant territorial jurisdiction afforded to Lower 48 tribes. However, recent policy changes from …

Nondelegation And The Legislative Versus Administrative Exactions Divide: Why Legislatively Imposed Exactions Do Not Require A More Searching Standard Of Review, Hunter Dominick

Fordham Law Review

As the United States continues to grow and urbanize, local governments have tried to manage this growth to mitigate the external impacts that new developments can cause. One method by which state and local governments seek to control growth within their borders is by imposing conditions on the issuance of building permits—otherwise known as exactions. Exactions, however, face federal constitutional limits under the Takings Clause of the Fifth Amendment, which applies to state and local governments through the Fourteenth Amendment.

In Nollan v. California Coastal Commission and Dolan v. City of Tigard, the U.S. Supreme Court restricted exactions in …

Pursuing The Exemption: The Makah's White Whale, Sarah Van Voorhis

Washington Journal of Social & Environmental Justice

No abstract provided.

U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement, Ariana Lippi

Sustainable Development Law & Policy

Though the case is ongoing, and results are still to be seen, it in many ways sets a precedent for indigenous communities in Latin America seeking redress for environmental and cultural injustices. With Colombia’s recent ratification of The Escazú Regional Agreement (the Agreement herein) in 2022, this case presents a unique opportunity for implementation of the Agreement and greater accountability within existing domestic legislation.

Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, Ganeswar Matcha, Sudarsanan Sivakumar

Sustainable Development Law & Policy

This paper analyses the governance machine in place at the Arctic and examines the application of the principles of “common heritage of mankind” at the Arctic. This paper also offers some tentative propositions aimed at protecting Out Bound investment rights and how the World Trade Organization or other countries, like the U.S., can intercede in the Arctic investment sphere and attempt to regulate along with the United Nations Convention for the Law of the Sea.

Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham

Sustainable Development Law & Policy

The disparate climate performances of Finland and the United States, two of the wealthiest countries in the world, bring to light the question of how corporate responsibility has been inspired in each jurisdiction. Having established the urgency of the climate crisis and the importance of corporate behavior in optimizing a given country’s approach to protection of the global environment, an examination of each nation’s legal frameworks may shed light on features of the corporate regime that are effective in advancing sustainability goals and those that are not.22 Part I of this paper establishes a comparative framework by providing background on …

Editor's Note, Shade Streeter, Reagan Ferris

Sustainable Development Law & Policy

The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.