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Land Use

Working Landscapes: The Future of Land Use Policy?

The history of land use in the American West has traditionally been one of conflict, but the divisive relationships between ranchers, foresters, land management agencies, recreational users, and conservationists are transforming....

Fertilizer or Solid Waste: How Far Does RCRA Spread?

On January 14, 2015, the Eastern District of Washington held that Cow Palace Dairy, LLC, is liable under RCRA for storing, applying, and managing manure in a way that poses a substantial and imminent endangerment to public health in...

Food Security: Concept, Challenges, and the Role of Attorneys

Feeding a growing global population, estimated to reach 9.6 billion by 2050, in a changing climate without destroying our environment is one of humanity’s greatest challenges. Environmental advocates have a central role in addressing...

Resilience: The Food Policy Imperative for a Volatile Future

To sustain a growing population on a changing planet, food policies at all levels—community, regional, national, and global—must promote judicious resource use, prioritize stewardship, align with ecosystems, advance social and...

An Environmental Understanding of the Local Land Use System.

This Article is adapted from Chapter Three of John R. Nolon, Protecting the Environment Through Land Use Law: Standing Ground, published in 2014 by ELI Press. The book updates and expands on the author’s previous work,...

Requiem for Regulation

Since 1952, Cornell University Prof. Emeritus John W. Reps has taught, studied, and written about the planning of cities, suburbs, and farms. The American Planning Association has recognized him as a planning pioneer. He is perhaps the...

Of Constitutions and Cultures: The British Right to Roam and American Property Law

In 2000, England enacted the Countryside and Rights of Way Act, which provides the public the right to roam on certain private lands without compensation to the landowners. There are many constitutional and cultural-historical issues...

“Scarcely a Vestige of Antiquity Remains”: Evaluating the Role of Preservation Easements in Protecting Historic Religious Architecture

Preservation of historic religious architecture has been one of the most controversial areas of regulatory preservation activity. Although regulatory options remain constitutionally permissible, efforts to protect historic religious...

State Preemption of Local Control Over Intensive Livestock Operations

Attempts to regulate intensive livestock operations at the local level have met stiff resistance from state legislatures. Local governments, frustrated by the hands-off approach of federal and state law, have tried to pass local...

Reliance Interests and Takings Liability for Rail-Trail Conversions: Marvin M. Brandt Revocable Trust v. United States

On October 1, 2013, the U.S. Supreme Court granted certiorari in a relatively obscure case, Marvin M. Brandt Revocable Trust v. United States. On its face, the case involves an interpretation of the property rights created by...