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Land Use (generally)

An Environmental Understanding of the Local Land Use System.

This Article is adapted from Chapter Three of John R. Nolon, Protecting the Environment Through Land Use Law: Standing Ground, published in 2014 by ELI Press. The book updates and expands on the author’s previous work,...

Suction Dredge Mining Cases

A California court held that federal mining law preempts a state law that effectively bans the use of any vacuum or suction dredge mining in streams and rivers on federal lands. Under Cal. Fish & Game Code §5653, the use of any...

Kane County, Utah v. United States

The Tenth Circuit affirmed in part and reversed and remanded in part a lower court decision granting a Utah county rights-of-way over 12 roads that cross federal lands. The county sought to quiet title to 15 roads or road segments under...

Requiem for Regulation

Since 1952, Cornell University Prof. Emeritus John W. Reps has taught, studied, and written about the planning of cities, suburbs, and farms. The American Planning Association has recognized him as a planning pioneer. He is perhaps the...

Of Constitutions and Cultures: The British Right to Roam and American Property Law

In 2000, England enacted the Countryside and Rights of Way Act, which provides the public the right to roam on certain private lands without compensation to the landowners. There are many constitutional and cultural-historical issues...

Chemehuevi Indian Tribe v. Jewell

The Ninth Circuit affirmed a lower court decision dismissing a Native American tribe's claim that DOI violated the APA in refusing to approve the tribe’s assignments of land to certain of its members. The tribe submitted the land...

Snyder v. Ohio Department of Natural Resources

The Ohio Supreme Court held that a mineral rights owner may be able to strip mine portions of a state wildlife area. The state and the mineral rights owner entered a contract granting the owner “all mineral rights, including rights of...

“Scarcely a Vestige of Antiquity Remains”: Evaluating the Role of Preservation Easements in Protecting Historic Religious Architecture

Preservation of historic religious architecture has been one of the most controversial areas of regulatory preservation activity. Although regulatory options remain constitutionally permissible, efforts to protect historic religious...

Sierra Club v. Jewell

The D.C. Circuit held that environmental groups have standing to challenge DOI's decision to remove the Blair Mountain Battlefield—the site of a large 1921 coal miner uprising in West Virginia—from the National Register of Historic...

Energy Corp. USA v. Town of Dryden

New York's highest court held that local governments may ban oil and gas production activities, including hydraulic fracturing, through the adoption of local zoning laws. The case arose after two towns enacted zoning laws banning...