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Land Use

Addressing the Environmental Impacts of Large Infrastructure Projects: Making "Mitigation" Matter

We are in the midst of an unprecedented governmentwide focus on infrastructure permitting and development in the United States. Our nation’s energy industry is undergoing a significant expansion across our landscapes. Large, utility-...

Growth-Induced Land Development Caused by Highway and Other Projects as an Indirect Effect Under NEPA

Growth-induced land development caused by highway and other projects must be considered as a significant indirect effect under NEPA. For this review, lawyers must look to the regulations adopted by CEQ specifying the causation and...

Building a Sustainable and Resilient Agricultural System for a Changing Global Environment

The vast majority of scientists agree that in the coming decades, climate change will have profound impacts on the global environment. During this same time, the world population is expected to grow, and many developing regions of the...

The Inuit Future: Food Security, Economic Development, and U.S. Arctic 
Policy

Global climate change, with its resulting loss of sea ice, has opened up access to the Arctic Ocean as never before. Moreover, the rate of global warming and the pace of development are accelerating. Stakeholders have different ideas on...

A Decade of Litigation Over the Roadless Rule Finally Nearing the End

After more than a decade of litigation over the management of roadless areas in national forests, several developments over the past months have brought this long and drawn-out fight nearly to a close. All but three states will be...

From Citizen Suits to Conservation Easements: The Increasing Private Role in Public Permit Enforcement

The past 40 years have seen an increase in the involvement of private actors in environmental law. One of the best-known (and arguably best-loved) methods for public involvement is the citizen suit. This popular method of public...

It’s Time to Put a Price Tag on the Environmental Impacts of Commodity Crop Agriculture

This Comment examines what is known about the costs associated with environmental degradation resulting from the production of commodity crops—i.e., row crops such as corn, soybeans, and wheat—that are grown on large swaths of land....

The Local Identity of Smart Growth: How Species Preservation Efforts Promote Culturally Relevant Comprehensive Planning

The concept of sustainable development encourages practitioners to view national, regional, and localized growth in terms of environmental, economic, and sociocultural impact. Traditional planning strategies primarily address the...

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.

In Berman,...

Blowing Snow: The National Park Service's Disregard for Science, Law, and Public Opinion in Regulating Snowmobiling in Yellowstone National Park

[Off-road vehicles] are domineering, exclusive, destructive and costly; it is they and their operators who would deny the enjoyment of the backcountry to the rest of us. About 98% of the land surface of the contiguous USA already...