Reconciling Police Power Prerogatives, Public Trust Interests, And Private Property Rights Along Laurentian Great Lakes Shores,
2019
University of Michigan
Reconciling Police Power Prerogatives, Public Trust Interests, And Private Property Rights Along Laurentian Great Lakes Shores, Richard K. Norton, Nancy H. Welsh
Michigan Journal of Environmental & Administrative Law
The United States has a north coast along its ‘inland seas’—the Laurentian Great Lakes. The country enjoys more than 4,500 miles of Great Lakes coastal shoreline, almost as much as its ocean coastal shorelines combined, excluding Alaska. The Great Lakes states are experiencing continued shorefront development and redevelopment, and there are growing calls to better manage shorelands for enhanced resiliency in the face of global climate change. The problem is that the most pleasant, fragile, and dangerous places are in high demand among coastal property owners, such that coastal development often yields the most tenacious of conflicts between public interests …
Cultural Heritage Preservation In The Context Of Climate Change Adaptation Or Relocation: Barbuda As A Case Study,
2019
CUNY Graduate Center
Cultural Heritage Preservation In The Context Of Climate Change Adaptation Or Relocation: Barbuda As A Case Study, Martha B. Lerski
Dissertations, Theses, and Capstone Projects
This case study introduces an arts camp methodology of engaging communities in identifying their key cultural heritage features, thus serving as a meta study. It presents original research based on field studies on the climate-vulnerable Caribbean island of Barbuda during 2017 and 2018. Its Valued Cultural Elements survey, enabling precise identification of key tangible and intangible art forms and biocultural practices, may serve as a basis for further studies. Such approaches may facilitate future research or planning as climate-vulnerable communities harness Local or Indigenous Knowledge for purposes of biocultural heritage preservation, or towards adaptation or relocation. I report on findings …
Dismantling Mid-Century Urban Renewal: A Community-Based Approach For The Future Of New York City,
2019
Brooklyn Law School
Dismantling Mid-Century Urban Renewal: A Community-Based Approach For The Future Of New York City, Alia Soomro
Brooklyn Law Review
Despite more than half a century since urban renewal programs were first established throughout the United States, these urban development programs are still negatively associated with the destruction of communities, displacement, and poor urban planning practices. While many jurisdictions continue to utilize state urban renewal legislation, few of these jurisdictions have actually addressed the future of urban renewal programs. This note focuses on urban renewal in New York City, where many of these plans are about to expire, and asks whether urban renewal programs—with its infamous history—can be utilized in an equitable and sustainable way. Analyzing Local Law No. 40 …
Air Banned And Barred: Why New York City's Affordable Housing Crisis Has No Room For Short-Term Rentals,
2019
Brooklyn Law School
Air Banned And Barred: Why New York City's Affordable Housing Crisis Has No Room For Short-Term Rentals, Wilson Chow
Brooklyn Journal of Corporate, Financial & Commercial Law
In August 2018, New York City passed a law that required short-term rental websites to disclose information about their users who host in the city. Airbnb, the largest short-term rental company, filed suit with hopes of having short-term rentals legalized. The law stems from the city’s efforts to amelioerate its affordable housing crisis. With over 8.5 million residents living in a tight housing market, New York City should not allow home owners or rental tenants to commercialize their property into de facto hotels that will likely provide accommodations to tourists. This Note will examine the recent law’s impact on New …
Divergence In Land Use Regulations And Property Rights,
2019
Vanderbilt University Law School
Divergence In Land Use Regulations And Property Rights, Christopher Serkin
Vanderbilt Law School Faculty Publications
For the past century, property rights-and in particular development rights-have been circumscribed and largely defined by comprehensive local land use regulations. As any student of land use knows, zoning across the country shares a common DNA. Despite their local character, zoning limits on development rights in almost every American jurisdiction share a deep family resemblance borne from their common origin in the Standard Zoning Enabling Act ("SZEA"). Zoning for much of the twentieth century therefore converged around a core goal of separating incompatible uses of land as a kind of ex ante nuisance prevention. Of course, zoning went much farther …
Journal Of Land And Development, Volume 8, Issue 1,
2019
University of Baltimore Law
Journal Of Land And Development, Volume 8, Issue 1
University of Baltimore Journal of Land and Development
No abstract provided.
The End Of The Road: A Brief History Of The Journal Of Land And Development,
2019
University of Baltimore Law
The End Of The Road: A Brief History Of The Journal Of Land And Development, Brady Getlan
University of Baltimore Journal of Land and Development
No abstract provided.
Creating A Special Benefits District For Baltimore’S Patterson Park,
2019
University of Baltimore Law
Creating A Special Benefits District For Baltimore’S Patterson Park, Scott M. Richmond
University of Baltimore Journal of Land and Development
No abstract provided.
Recent Development: Billionaire Can’T Buy The Beach,
2019
University of Baltimore Law
Recent Development: Billionaire Can’T Buy The Beach, D'Ereka Bolden
University of Baltimore Journal of Land and Development
No abstract provided.
Indigenous Environmental Network V. United States Department Of State,
2019
University of Montana School of Law
Indigenous Environmental Network V. United States Department Of State, Seth Sivinski
Public Land & Resources Law Review
Pipelines are an extremely efficient way to move large amounts of oil and gas across long distances. However, pipelines have become a lightning rod for environmentalists opposing the lines’ construction and the energy sector which considers the lines a must to achieve energy independence and security. Pipelines are massive projects often crossing interstate and international boundaries. As a result, they are subject to an extensive amount of government regulation with an accompanying assortment of legal challenges. Indigenous Environmental Network v. United States Department of State is the latest case in the Keystone XL pipeline saga, wherein the United States District …
Kloker V. Fort Peck Tribes,
2019
Alexander Blewett III School of Law at the University of Montana
Kloker V. Fort Peck Tribes, Hallee Kansman
Public Land & Resources Law Review
Kloker v. Fort Peck Tribes investigates and deciphers the application of the Indian canons of construction to the congressional formation and establishment of the Fort Peck reservation in Montana. In general, courts interpret congressional acts creating reservations through the lens of the tribal-federal government trust relationship. Although this case examines different substantive models of legal interpretation and theories of water law, the ultimate dispute is textual in nature—questioning the plain language of the establishment legislation itself.
Maralex Resources, Inc. V. Barnhardt,
2019
University of Montana
Maralex Resources, Inc. V. Barnhardt, Bradley E. Tinker
Public Land & Resources Law Review
In Maralex Resources v. Barnhardt, Maralex and property owners brought an action to protect private property from BLM inspections of oil and gas lease sites. The Tenth Circuit looked at the plain meaning of a congressional statute and held in favor of Maralex, finding that BLM lacked authority to require a private landowner to provide BLM with a key to inspect wells of their property. The Tenth Circuit held BLM has the authority to conduct inspections without prior notice on private property lease sites; however, it is required to contact the property owner for permission before entering the property.
Murray V. Bej Minerals, Llc,
2019
Alexander Blewett III School of Law at the University of Montana
Murray V. Bej Minerals, Llc, Brett Berntsen
Public Land & Resources Law Review
Part of a dispute some 66 million years in the making, Murray v. BEJ Minerals, LLC considered for the first time whether dinosaur fossils—specifically a one-of-a-kind specimen containing entombed “dueling dinosaurs”—qualified as “minerals” for the purposes of a property transaction under Montana law. Finding no consistent statutory or dictionary definition for “mineral,” the Ninth Circuit relied on a test previously utilized by the Montana Supreme Court to hold that the dinosaur fossils constituted minerals due to their rare and exceptional qualities and were therefore part of the property’s mineral estate. The decision was promptly nullified, however, as the Ninth Circuit …
Hoopa Valley Tribe V. Ferc,
2019
University of Montana
Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains
Public Land & Resources Law Review
In Hoopa Valley Tribe v. FERC, the Hoopa Valley Tribe challenged the intentional and continual delay of state water quality certification review of water discharged from a series of dams on the Klamath River in California and Oregon. The Federal Energy Regulatory Commission, the states of Oregon and California, and PacifiCorp, a hydroelectric operator, were implementing an administrative scheme designed to circumvent a one-year temporal requirement for review imposed on states by the Clean Water Act. This scheme allowed PacifiCorp to operate the series of dams for over a decade without proper state water quality certification. The United States …
Save Our Sound Obx, Inc. V. North Carolina Department Of Transportation,
2019
Alexander Blewett III School of Law at the University of Montana
Save Our Sound Obx, Inc. V. North Carolina Department Of Transportation, Mitch L. Werbell V
Public Land & Resources Law Review
The Fourth Circuit Court of Appeals recently ruled in favor of several governmental agencies seeking to construct a new bridge in the Pamlico Sound adjacent to North Carolina’s Outer Banks. For years, state and federal agencies have put forth a massive coordinated effort to address the constant weather damage and erosion which occurs to a section of North Carolina Highway 12. The court found the agencies properly cleared NEPA’s environmental review requirements for the bridge’s construction. Additionally, the opponent-litigants’ efforts to add claims challenging the project, based on new information about a shipwreck in the bridge’s path, were futile.
Not Just Air Pollution: How The Clean Air Act Can Fix Zoning, Transportation, And Afforadable Housing,
2019
University of Colorado Law School
Not Just Air Pollution: How The Clean Air Act Can Fix Zoning, Transportation, And Afforadable Housing, Nicholas D. Monck
University of Colorado Law Review Forum
The Clean Air Act of 1970 produced a revolution in environmental law. From its unique approach to federalism to its technology forcing provisions, it remains an innovative statute to this day. In light of the growing threat posed by climate change, federal administrators have worked to adapt its text to deal with greenhouse gasses and carbon emissions. Global warming, though, is not the only context in which the Clean Air Act (CAA) can be used in ways not originally intended. Although not meant as an urban planning law, the CAA’s Transportation Control Plans (TCPs) offer an opportunity to promote smarter …
The Guthi System Of Nepal,
2019
SIT Study Abroad
The Guthi System Of Nepal, Tucker Scott
Independent Study Project (ISP) Collection
The purpose of this research is to understand the role of the guthi system in Nepali society, the relationship of the guthi land tenure system with Newari guthi, and the effect of modern society and technology on the ability of the guthi system to maintain and preserve tangible and intangible cultural heritage in Nepal. This research took place in three different sections of Kathmandu. The methodology behind this research was a combination of historical analysis of the traditional role of the guthi system in Nepal along with three case studies of guthi organizations with different assigned functions. These case studies …
Empowering Women Through Land: An Analysis Of The Barriers In Accessing Land Rights Within Kisumu County, Kenya,
2019
SIT Study Abroad
Empowering Women Through Land: An Analysis Of The Barriers In Accessing Land Rights Within Kisumu County, Kenya, Madison Shaffer
Independent Study Project (ISP) Collection
This project aims to gain a greater understanding of the current state of women’s land rights in Kisumu County, Kenya. It will discuss current barriers women face in accessing land and how land can impact a woman’s empowerment and in turn, her control over her health. Property rights can provide women with a secure place to live, a place of economic activity and reduce dependence on men. Property ownership can also serve to empower women and “give them greater bargaining power at the household, individual, and community level...increasing agency” (Dworkin,2009). Unfortunately, men have almost always been favored in land rights …
Letting Go Of Stability: Resilience And Environmental Law,
2019
Indiana University Maurer School of Law
Letting Go Of Stability: Resilience And Environmental Law, Robert L. Fischman
Indiana Law Journal
Historic variation in the environment once served as a reliable guide to future behavior. Sustainability promised continuity of ecological and social structures and functions within the known envelope of historic variation. Now climate change and other environmental stressors are tipping systems into behaviors that no longer remain within the confines of precedent. Social-ecological systems are neither persistent nor predicable. Letting go of stability releases us from untenable expectations of steady maintenance of some natural order. Resistance to change will continue to play a role as environmental law suppresses disruptions and buys time. But resistance will eventually yield the stage to …
Standing For Standing Rock?: Vindicating Native American Religious And Land Rights By Adapting New Zealand's Te Awa Tupua Act To American Soil,
2019
Penn State Dickinson Law
Standing For Standing Rock?: Vindicating Native American Religious And Land Rights By Adapting New Zealand's Te Awa Tupua Act To American Soil, Malcolm Mcdermond
Dickinson Law Review (2017-Present)
On February 23, 2017, the Standing Rock Sioux Tribe (“Tribe”) was forced to disband its nearly year-long protest against the construction of the Dakota Access Pipeline, which threatened the integrity of its ancestral lands. The Tribe sought declaratory and injunctive relief in the United States District Court for the District of Columbia, but the court ruled against the Tribe and failed to protect its interests. While the United States was forcibly removing Indigenous protesters, other countries were taking steps to protect Indigenous populations. In unprecedented legislative action, New Zealand took radical steps to protect the land and cultural rights of …
