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A Cough in the Water: Revisiting Natural Resource Restoration Under Superfund

Editors' Summary: Under CERCLA's natural resource damage provision, trustees may recover money damages from polluters. While the money is to be used to restore the damaged resources, trustees have flexible spending guidelines which have led to diverting funds to areas unaffected by the immediate release or overspending on administrative costs. This author queries whether the implementation of the provision could be more effective by restricting trustee spending, creating a Superfund-type trust fund, or increasing the public and judicial scrutiny of trustees.

Valuation of Impaired Property

Editors' Summary: Determining the value of a parcel of real estate that has been contaminated is a challenge addressed by various disciplines. In this Article, Ronald Throupe, John A. Kilpatrick, Bill Mundy, and Will Spiess focus on the appraisal model of valuation and address the three primary approaches to property appraisal: market, cost, and income capitalization. They provide background to the valuation of contaminated property, covering theory and methodology used by appraisers.

Coordination and Planning Tools That Can Be Applied to Biodiversity Conservation

Editors' Summary: An institutionalized planning process for biodiversity conservation can help fill in gaps left by legal tools that are inadequately designed or rarely implemented. In this Article, authors Robert McKinstry Jr., James McElfish, and Michael Jacobson explain the role that effective planning can play in the conservation of biodiversity. They discuss different types of planning, such as land use planning and planning to protect specific areas valuable to biodiversity, and reveal the mechanisms that can be used to implement these plans.

 

Valuation of Impaired Property

Editors' Summary: Determining the value of a parcel of real estate that has been contaminated is a challenge addressed by various disciplines. In this Article, Ronald Throupe, John A. Kilpatrick, Bill Mundy, and Will Spiess focus on the appraisal model of valuation and address the three primary approaches to property appraisal: market, cost, and income capitalization. They provide background to the valuation of contaminated property, covering theory and methodology used by appraisers.

Disaster Mitigation Through Land Use Strategies

Editors' Summary: The devastation wrought by Hurricane Katrina brought to public attention the role of land use planning in mitigating natural disasters and which level or levels of government should decide whether and how to undertake this planning. In the Upper Mississippi River Basin, 6 federal agencies, 23 state agencies in 5 states, and 233 local governments share jurisdiction over various areas of activity on the river; the complexity and disorganization of this legal framework stifles effective action. In this Article, John R.

The Golden Hour: The Role of Historic Preservation Law in the Immediate Aftermath of Disaster

Editor's Summary: Hurricane Hugo damaged approximately 80% of the 3, historic buildings located in Charleston, South Carolina. The terrorist attacks of September 11, 2001, caused considerable damage to landmark property in New York City. And no one can deny that New Orleans, one of America's oldest and most distinctive cities, suffered staggering damage after Hurricane Katrina.

The Public Use Requirement and Doctrinal Renewal

For a generation, our view of the scope of government's eminent domain power has been framed by three cases, Berman v. Parker, Hawaii Housing Authority v. Midkiff, and Poletown Neighborhood Council v. City of Detroit.