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Land Use

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...

Existence and Persistence: Preserving Subsistence in Cordova, Alaska

Ordinary existence in Cordova, Alaska, illustrates an extraordinary range of subsistence practice. Despite cataclysmic disruptions to include the arrival of whites and the Exxon Valdez Oil Spill, the practice continues to...

When the Law Is Silent, Trespassers W . . . : Law and Power in Implied Property Rights

In the magical world of Winnie the Pooh, Piglet lives in a house signposted “TRESPASSERS W.” The golden silence that follows the W allows Pooh and his friends to wonder about the sign’s meaning, which Piglet insists honors his...

Stacking Ecosystem Services Payments: Risks and Solutions

Healthy ecosystems provide many services to society, including water filtration, biodiversity habitat protection, and carbon sequestration. A number of incentive programs and markets have arisen to pay landowners for these services,...

Tracking Implementation of the Special Need Request Process Under the Plant Protection Act

States and the federal government have shared the authority to impose quarantines to prevent the introduction and spread of harmful plant pests. Under the Plant Protection Act of 2000, states must obtain a USDA-approved “special need...

Place-Based National Forest Legislation and Agreements: Common Characteristics and Policy Recommendations

Throughout the country, divergent interests are collaborating about how they would like particular national forests to be managed. Some of these initiatives are seeking place-based legislation as a way to secure such agreements...

Green Building Rating Systems and Green Leases

This Article is adapted from The Law of Green Buildings: Regulatory and Legal Issues in Design, Construction, Operations, and Financing ch. 2 (J. Cullen Howe & Michael B. Gerrard eds., 2010). Copyright © 2010 by the...

Overview of Green Buildings

This Article is adapted from The Law of Green Buildings: Regulatory and Legal Issues in Design, Construction, Operations, and Financing ch. 1 (J. Cullen Howe & Michael B. Gerrard eds. 2010). Copyright © 2010 by the American...