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Regulation

Drawing the Line: Striking a Principled Balance Between Regulating and Paying to Protect the Land

Editors' Summary

Effective conservation is at times frustrated by a lack of balance between regulation and payment, the two tools most often used for land protection. Efforts to determine which protection tool to use should...

Using Smart Growth to Achieve Sustainable Land Use Policies

Introduction

Any analysis of U.S. progress toward meeting the goals of Agenda 211 must include a hard look at the political will and actions toward reforming our system of land use controls. Land...

Earning Deference: Reflections on the Merger of Environmental and Land-Use Law

The bedrock notion that courts should, in the over-whelming majority of cases, defer to lawmakers is currently under attack in the nation's courts, commentary, and classrooms. Leading the way are several U.S. Supreme Court Justices who...

Local Sustainability Efforts in the United States: The Progress Since Rio

I. Introduction

If we want to think about changes in local sustainability over the last 10 years, perhaps the best place to start is with Al Gore. In 1992, just before the Rio Earth Summit and before he was to be tapped as...

Development Moratoria, First English Principles, and Regulatory Takings

Is an intentional temporary deprivation of the use of land not a "temporary taking"? This proposition was asserted by a panel of the U.S. Court of Appeals for the Ninth Circuit in Tahoe-Sierra Preservation Council, Inc. v. Tahoe...

Moratoria as Categorical Regulatory Takings: What First English and Lucas Say and Don't Say

Introduction

On June 29, 2001, the last day of the October 2000 term, the U.S. Supreme Court granted certiorari to consider "whether the [Ninth Circuit] Court of Appeals properly determined that a temporary moratorium on...

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...

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...