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Land Use

The Supreme Court Restricts the Availability of Forest-Wide Judicial Review in Ohio Forestry Association v. Sierra Club

Editors' Summary: This past summer, the U.S. Supreme Court rendered its decision in Ohio Forestry Ass'n v. Sierra Club, 118 S. Ct. 1665, 28 ELR 21119 (1998). The Court held that an environmental group's challenge to a U.S. Forest...

Turmoil Over "Takings": How H.R. 1534 Turns Local Land Use Disputes Into Federal Cases

While the Republican's Contract With America has disappeared from the political landscape, many of its ideas continue to percolate in the 105th Congress. Development interests continue to promote federal legislation to expand...

Life After RCRA--It's More than a Brownfields Dream

Conventional wisdom says that the Resource Conservation and Recovery Act (RCRA)1 is an impediment to the reuse of brownfields.2 Examination of a decade of experience, however, reveals...

Before the Crisis: Protection of Nonendangered Wildlife From the Impact of Resource-Development Activities

Editors' Summary: Although most talk in terms of wildlife protection seems to focus on the operation of the ESA, there are a host of other federal and state laws designed to protect wildlife from the impacts of resource-development...

Property Rights Legislation: A Survey of Federal and State Assessment and Compensation Measures

Editors' Summary: In recent years, vindication of private-property rights has been the rallying cry of various citizen groups and politicianswho believe that certain regulatory restrictions—especially environmental protection...

Babbitt v. Sweet Home Chapter of Communities for a Great Oregon: A Clarion Call for Property Rights Advocates

Editors' Summary: Property rights advocates implicitly complained in Babbitt v. Sweet Home Chapter of Communities for a Great Oregon that a Fish and Wildlife Service regulation that aimed to protect endangered and threatened species...

Property Rights and Responsibilities: Nuisance, Land-Use Regulation, and Sustainable Use

Editors' Summary: This Article addresses the effect of the U.S. Constitution's Takings Clause on the government's authority to protect environmental resources. An earlier Article, published in the May 1994 ELR, analyzed...

Property Rights, Property Roots: Rediscovering the Basis for Legal Protection of the Environment

Editors' Summary: Environmental regulation has come under increasing attack from those who argue that governmental limitations on property use violate constitutional restrictions on regulatory takings of property. The author...

Tribes as States: Indian Tribal Authority to Regulate and Enforce Federal Environmental Laws and Regulations

Editors' Summary: The principles of federalism, state primacy, and tribal sovereignty all impact how federal environmental regulations are implemented and enforced on Indian lands. In recent years, Congress increasingly has crafted...

A Primer on Hazardous Materials Transportation Law of the 1990s: The Awakening

Editors' Summary: Regulation of hazardous materials (HAZMAT) transportation has developed in a piecemeal fashion over the past century. In response, Congress passed the Hazardous Materials Transportation Act in 1975 and the...

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