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State land-use planning laws

Disaster Mitigation Through Land Use Strategies

Editors' Summary: The devastation wrought by Hurricane Katrina brought to public attention the role of land use planning in mitigating natural disasters and which level or levels of government should decide whether and how to undertake...

Opportunities for Regulation of Land Use and Development as a Legal Tool to Protect Biodiversity

Editors' Summary: Development and urban sprawl threaten biodiversity by displacing and fragmenting habitat with roads, commercial structures, and private homes. In this Article, authors Robert B. McKinstry Jr., James McElfish, Michael...

Coordination and Planning Tools That Can Be Applied to Biodiversity Conservation

Editors' Summary: An institutionalized planning process for biodiversity conservation can help fill in gaps left by legal tools that are inadequately designed or rarely implemented. In this Article, authors Robert McKinstry Jr., James...

Dusting Off the Blueprint for a Dryland Democracy: Incorporating Watershed Integrity and Water Availability Into Land Use Decisions

I. John Wesley Powell's Blueprint for a Dryland Democracy

In 1878, Maj. John Wesley Powell delivered to the Secretary of the Interior his Report on the Lands of the Arid Region of the United States in which he outlined his...

Drafting Nature-Friendly Ordinances: An Ecological Checklist

Throughout the United States, local governments have begun to recognize responsibilities relating to the health and function of the natural environments within their boundaries. Land use ordinances--including planning, zoning, and...

Choking Slowly: Is Managing (or Smart) Growth Just Planning a Slow(er) Demise (and if It Is, Is There an Alternative)?

Given the steady march of adverse environmental impacts and inimical socioeconomic and community change at the local level in many metropolitan areas—due in part to haphazard growth—this Article identifies and examines a...

Reuse, Restore, Recycle: Historic Preservation as an Alternative to Sprawl

Editors' Summary: Our country's landscape has changed dramatically over the last 50 years as a result of numerous governmental policies and subsidies that encourage low-density development commonly referred to as "sprawl." Sprawl...

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...