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Land Use (generally)

Resilience and Raisins: Partial Takings and Coastal Climate Change Adaptation

The increased need for government-driven coastal resilience projects will lead to a growing number of claims for “partial takings” of coastal property. Much attention has been paid to what actions constitute a partial taking, but there...

Presidio Historical Ass'n v. Presidio Trust

The Ninth Circuit upheld a proposed management plan for the Presidio, a former military base in San Franciso that is now a National Park and a National Historic Landmark, that provides for the construction of a 70,000 square foot lodge...

Shoreline Armoring and the Public Trust Doctrine: Balancing Public and Private Interests as Seas Rise

Coastal landowners have an acute interest in armoring the shoreline by erecting barriers to protect their property from inundation and erosion. One problem with armoring is that the barrier potentially destroys coastal wetlands and...

Enhancing the Urban Environment Through Green Infrastructure

This Article is adapted from Chapter Seven of John R. Nolon, Protecting the Environment Through Land Use Law: Standing Ground, published by ELI Press. The book describes how localities are responding to new challenges,...

Center for Biological Diversity v. California Department of Fish & Wildlife

The Supreme Court of California held that the state fish and wildlife agency violated the California Environmental Quality Act (CEQA) and the California Fish and Game Code when it approved a large development project in northwest Los...

Desert Protective Council v. U.S. Department of the Interior

The Ninth Circuit affirmed a lower court decision that BLM complied with NEPA and FLPMA in allowing the construction of a utility-scale...

Gorsline v. Board of Supervisors of Fairfield Township

A Pennsylvania appellate court reversed a lower court order denying an energy company's application to construct and operate a natural gas well on land it has leased from a private landowner. The local board had granted the company a...

Swinomish Indian Tribal Community v. BNSF Railway Co.

A district court held that a Native American tribe that occupies land on Fidalgo Island in Skagit County, Washington, may go forward with trespass and breach of contract claims against a railroad company for violating the terms of a...

Working Landscapes: The Future of Land Use Policy?

The history of land use in the American West has traditionally been one of conflict, but the divisive relationships between ranchers, foresters, land management agencies, recreational users, and conservationists are transforming....

Berkeley Hillside Preservation v. City of Berkeley

The California Supreme Court reversed a lower court decision that a developer's proposal to demolish an existing home and build a 10,000 square-foot single-family home on the lot may not be categorically exempt from environmental review...