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Land Use (generally)

Friends of Martin's Beach v. Martin's Beach 1 LLC

A California appellate court affirmed in part and reversed in part a trial court's summary adjudication in favor of the property owners in their dispute with a citizen's group over the use of a road, parking area, and the inland dry...

Miami-Dade County v. Florida Power & Light Co.

A Florida appellate court reversed and remanded the state siting board's decision to permit a power company to construct and operate two new nuclear generating units and to install miles of new transmission lines in and near the East...

BSK Enterprises, Inc. v. Beroth Oil Co.

A North Carolina appellate court upheld a trial court's decision to cap a property owner's award of remediation damages to the diminution in property value, not the amount it would cost to clean up the property, thereby reducing a jury'...

Palmer Ranch Holdings Ltd. v. Commissioner of Internal Revenue Service

The Eleventh Circuit held that a developer is entitled to a charitable deduction on its 2006 tax return for granting a conservation easement on an 82-acre parcel of property that contained a bald eagle nest. The developer valued the...

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...