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Land Use

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...

Ag-Gag: The Unconstitutionality of Laws Restricting Undercover Investigations on Farms

In March 2012, Iowa and Utah passed “Ag-Gag” laws in response to a series of high-profile undercover investigations of farms by animal activists. The laws were framed as generally applicable fraud prohibitions. But their aim was clear:...

Illegal Fowl: A Survey of Municipal Laws Relating to Backyard Poultry and a Model Ordinance for Regulating City Chickens

As the movement toward keeping backyard chickens continues to grow, many cities are facing the decision of whether to allow residents to keep chickens and, if so, how to effectively regulate the practice. A survey of municipal...

Land Use Law and the Impulse From a Vernal Wood: The Mohonk Trust Case.

Over the course of David Sive's 55 years of practice, he describes the Mohonk Trust case as the most satisfying. In that case, heI was able to combine strategic skills gained from many years of litigating with a cause to which he had...