At The Intersection Of Land Grievances And Legal Liability: The Need To Reconsider Contract Rights And Expectations At The Supranational Level,
2017
Columbia Law School, Columbia Center on Sustainable Development
At The Intersection Of Land Grievances And Legal Liability: The Need To Reconsider Contract Rights And Expectations At The Supranational Level, Kaitlin Y. Cordes, Lise Johnson, Sam Szoke-Burke
Columbia Center on Sustainable Investment Staff Publications
This Article explores how host governments’ legal obligations can affect or constrain their ability to address “land grievances,” which are defined as concerns raised by local individuals or communities in response to negative impacts of land-based investments. Obligations under international investment law, international human rights law, and investor-state contracts can be in tension or can directly conflict with one another, creating complexity for governments seeking to respond to land grievances. To explore the legal considerations that governments must navigate in this context, this Article considers several options that governments could pursue to respond to land grievances. In all of the …
Who Should Protect The Forest: Conservation Easements In The Forest Legacy Program,
2017
University at Buffalo Law School (SUNY)
Who Should Protect The Forest: Conservation Easements In The Forest Legacy Program, Jessica Owley, Stephen J. Tulowiecki
Jessica Owley
No abstract provided.
Preservation Is A Flawed Mitigation Strategy,
2017
University at Buffalo School of Law
Preservation Is A Flawed Mitigation Strategy, Jessica Owley
Jessica Owley
The objective of the Clean Water Act is to restore and maintain the chemical, physical, and biological integrity of the nation’s waters. To help achieve that objective, the Clean Water Act limits the ability to dredge or fill a wetland. To do so, one must first obtain a section 404 permit. These permits, which are issued by the Army Corps of Engineers (“Corps”) with coordination and oversight from the Environmental Protection Agency (EPA), require project proponents to avoid, minimize, and compensate the harms of any wetland destruction or modification. Compensatory mitigation is a troubling concept in wetlands regulation because it …
Foreword,
2017
University at Buffalo School of Law
Foreword, Emma Garrison, Jessica Owley
Jessica Owley
This is an introduction to the fifth Annual Review of Environmental and Natural Resources Law, providing brief explanations and analyses of cases and changes in environmental law in 2003.
Cultural Heritage Conservation Easements: The Problem Of Using Property Law Tools For Heritage Protection,
2017
University at Buffalo School of Law
Cultural Heritage Conservation Easements: The Problem Of Using Property Law Tools For Heritage Protection, Jessica Owley
Jessica Owley
Conservation easements are quickly becoming a favored tool for protection of cultural heritage. Perpetual encumbrances on the use of private land, most cultural heritage conservation easements are held by private conservation organizations known as land trusts. With minimal public oversight, land trusts decide which lands to protect in perpetuity and what the rules regarding use of those lands should be. A variety of concerns arise when protection of cultural heritage resides with private organizations. First, as governments abdicate cultural heritage protection to private organizations, the public’s role in site protection shifts. When private organizations and landowners negotiate which properties to …
Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation,
2017
University at Buffalo School of Law
Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman
Jessica Owley
No abstract provided.
Piney Run: The Permits Are Not What They Seem,
2017
University at Buffalo School of Law
Piney Run: The Permits Are Not What They Seem, Jessica Owley
Jessica Owley
In 2001, the Fourth Circuit addressed the permit shield provision of the Clean Water Act and found it to provide broad-scale protection for polluters. In Piney Run Preservation Association v. County Commissioners of Carroll County, the Fourth Circuit held that facilities with discharge permits are protected from lawsuits even when discharging pollutants not contained within their permits. Under this ruling, permit holders may discharge, without fear of penalty, any disclosed pollutant within the reasonable expectation of the permitting authority. This decision is worrisome because it does not protect the goals of the Clean Water Act and deprives the public of …
A Response To The Ipcc Fifth Assessment,
2017
Touro College Jacob D. Fuchsberg Law Center
A Response To The Ipcc Fifth Assessment, Sarah J. Adams-Schoen, Deepa Badrinarayana, Cinnamon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Jessica Owley, Shannon M. Roesler, Jonathan Rosenbloom, Inara Scott, David Takacs
Jessica Owley
This collection of essays is the initial product of the second meeting of the Environmental Law Collaborative, a group of environmental law scholars that meet to discuss important and timely environmental issues. Here, the group provides an array of perspectives arising from the Fifth Assessment of the Intergovernmental Panel on Climate Change. Each scholar chose one passage from one of the IPCC’s three Summaries for Policymakers as a jumping-off point for exploring climate change issues and responding directly to the reports. The result is a variety of viewpoints on the future of how law relates to climate change, a result …
The "Public Uses" Of Eminent Domain: History And Policy,
2017
University at Buffalo School of Law
The "Public Uses" Of Eminent Domain: History And Policy, Errol E. Meidinger
Errol Meidinger
This paper examines the effects and implications of the ‘public use’ requirement for the exercise of eminent domain in the United States. It is part of an ongoing inquiry the consequences of eminent domain in the United States. The first part examines the history of the public use requirement, both how the doctrine has been articulated and logically extended and what purposes have been accomplished under it. The second part of the paper is an analytic critique of the public use doctrine. After considering whether any principled standard can be developed to delimit the proper uses of eminent domain, it …
Some Model Amendments To Maine (And Other States') Land Use Control Legislation,
2017
University of Maine School of Law
Some Model Amendments To Maine (And Other States') Land Use Control Legislation, Orlando E. Delogu, Sam Merrill, Philip R. Saucier
Maine Law Review
This model legislation consisting of ten separate provisions is intended to clarify and/or expand existing Maine law dealing with planning and land use regulation. It expands existing statutes by addressing a number of issues not presently covered by law. The overarching purpose of the proposed legislation is to underscore that planning and the imposition of land use regulations is not exclusively the responsibility of local governments but instead is a shared duty of the state and local governments. This is clearly stated in the text and commentary of Provision I, and is a theme that pervades all ten legislative proposals. …
Will Bell V. Town Of Wells Be Eroded With Time?,
2017
University of Maine School of Law
Will Bell V. Town Of Wells Be Eroded With Time?, Sidney St. F. Thaxter
Maine Law Review
In 1989, the Maine Law Court issued a landmark decision regarding the ownership of the land between the mean high-water mark and the mean low-water mark (the intertidal zone) in a case entitled Bell v. Town of Wells.1 This decision was controlled, in part, by the 1986 decision in the same case. Bell I was decided following an appeal by the plaintiff-landowners from the lower court decision dismissing Counts I and II of their Complaint as “barred by sovereign immunity.” The lower court found that “the State has an interest in Moody Beach and in that sense it has title,” …
Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia,
2017
Unza School of Law
Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo
Muna B Ndulo
No abstract provided.
The Impact Of The Tobacco Buyout On The Commonwealth's Open Spaces: Protecting Open Land By Expanding The Scope Of Use Value Assessment,
2017
William & Mary Law School
The Impact Of The Tobacco Buyout On The Commonwealth's Open Spaces: Protecting Open Land By Expanding The Scope Of Use Value Assessment, Mary Atkinson
William & Mary Environmental Law and Policy Review
No abstract provided.
Striking An Equitable Balance: Placing Reasonable Limits On Retroactive Zoning Changes After Kittery Retail Ventures, Llc V. Town Of Kittery,
2017
University of Maine School of Law
Striking An Equitable Balance: Placing Reasonable Limits On Retroactive Zoning Changes After Kittery Retail Ventures, Llc V. Town Of Kittery, Heather B. Sanborn
Maine Law Review
Thirty years ago, a developer who wanted to build a shopping center had to do little more than obtain a building permit to go forward with the project. Today, however, the regulation and review of development projects involves a lengthy process of securing a series of permits, often including site plan or subdivision approvals, traffic studies, and environmental impact reviews. Navigating this review process forces developers to negotiate with the community and design their projects to fit the applicable standards adopted by the local, state, and federal regulations, arguably improving the quality of development in our communities. But the lengthy …
Clean Air Council V. Pruitt,
2017
Alexander Blewett III School of Law at the University of Montana
Clean Air Council V. Pruitt, Oliver Wood
Public Land & Resources Law Review
The United States Court of Appeals for the District of Columbia granted a motion for summary vacatur against the Environmental Protection Agency after environmental groups challenged the agency’s reconsideration of the Obama-era methane rule under the Clean Air Act. The court held that the EPA unlawfully issued a stay after it reconsidered the rule without proper authorization. The court vacated the EPA’s stay, one example of the Trump Administration unsuccessfully repealing Obama-era rulemaking.
Itenant: How The Law Should Treat Rental Relationships In The Sharing Economy,
2017
William & Mary Law School
Itenant: How The Law Should Treat Rental Relationships In The Sharing Economy, Matthew Rosendahl
William & Mary Law Review
No abstract provided.
Linchpin Approaches To Salvaging Neighborhoods In The Legacy Cities Of The Midwest,
2017
The University of Toledo College of Law
Linchpin Approaches To Salvaging Neighborhoods In The Legacy Cities Of The Midwest, Shelley Cavalieri
Chicago-Kent Law Review
No abstract provided.
The Detroit Frontier: Urban Agriculture In A Legal Vacuum,
2017
University of Detroit Mercy School of Law
The Detroit Frontier: Urban Agriculture In A Legal Vacuum, Jacqueline Hand, Amanda Gregory
Chicago-Kent Law Review
No abstract provided.
Side By Side: Revitalizing Urban Cores And Ensuring Residential Diversity,
2017
Washburn University School of Law
Side By Side: Revitalizing Urban Cores And Ensuring Residential Diversity, Andrea J. Boyack
Chicago-Kent Law Review
No abstract provided.
The Natural Capital Crisis In Southern U.S. Cities,
2017
LSU Law Center and LSU College of the Coast and Environment
The Natural Capital Crisis In Southern U.S. Cities, Blake Hudson
Chicago-Kent Law Review
No abstract provided.
