Download or read book Environmental Preservation and the Fifth Amendment written by Beckett Cantley and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Successful preservation of environmentally and historically significant property requires the utilization of various innovative land conservation strategies. The government has three alternative land conservation strategies, including (1) using the police power to issue environmental and land use regulations; (2) the use of the eminent domain power over environmentally sensitive lands; and (3) the use of conservation easement programs. The government's use of its inherent police power to protect the health, safety, and welfare of its citizens extends to state and local governments the ability to use zoning and land-use regulations for environmental purposes. Typically, these regulations are used broadly as part of a comprehensive land use plan. The federal government has the power to make environmental laws based on its constitutional powers over commerce and treaty making. However, land use and environmental regulations are often politically difficult since such regulations interfere directly with a private landowners' use of his or her property. Land use and environmental regulations also have the potential to rise to the level of a Fifth Amendment regulatory taking, requiring the payment of just compensation for the loss of property rights by the government to the property owner. Federal, state, and/or local governments may use eminent domain to acquire fee simple title to lands it seeks to preserve. However, the government's use of the eminent domain power may be expensive relative to other alternatives, since just compensation for the land may be high and the eminent domain process may result in long and expensive litigation. Inadequate public funding for acquisitions and political unpopularity also may limit the use of eminent domain. Conservation easements often represent a more politically palatable alternative for land preservation. Despite the inherent incentive problems associated with conservation easement donations, the use of easements as a land conservation method is increasing at an incredible rate - mostly due to the Federal and state tax benefits associated with the donation of conservation easements. Landowners are typically motivated to donate conservation easements by the landowners' desire to forever preserve the character of the land and to receive tax breaks in the forms of state tax credits and/or federal deductions for “qualified conservation contributions”. While most currently created conservation easements are donated, many land trusts and governmental entities are also in the business of purchasing them. Conservation easements may also be created by the use of eminent domain, or by way of exaction. “Exacted” conservation easements generally arise where the government requires that a landowner donate a conservation easement in exchange for the government approving a permit or zoning variance application. While donations and sales of conservation easements are likely to avoid the requirement that the government pay the property holder just compensation, such compensation may need to be paid where the landowner brings an action for inverse condemnation following the creation of an exacted conservation easement. The use of conservation easements can raise constitutional issues where the government seeks to create the easement by way of regulation or exaction. In this article, the author: (1) provides an overview of the different systems of land control; (2) analyzes the ability of a landowner to argue that a regulatory taking has occurred where government land use and/or environmental regulations have greatly diminished the property's value; (3) specifically discusses the landowner's ability to grant or sell a conservation easement as a potential source of value to the landowner that could negate the finding of a sufficient diminution in value necessary to be considered a compensable Fifth Amendment taking; (4) addresses the government's ability to garner a conservation easement through the exercise of its powers of eminent domain; (5) discusses regulatory takings issues specific to conservation easements acquired by exaction and failed government attempts to acquire such conservation easements; and (6) discusses the question of whether the government may exercise its powers of eminent domain to condemn a pre-existing conservation easement held by another government entity.
Download or read book Private Property Rights and Environmental Laws written by United States. Congress. Senate. Committee on Environment and Public Works and published by . This book was released on 1996 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Text Cases Problems on Legal Regulation of the Environment written by Edwin Wallace Tucker and published by . This book was released on 1972 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environment Property and the Law written by Ronald H. Rosenberg and published by Taylor & Francis. This book was released on 1997 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume traces the modern critical and performance history of this play, one of Shakespeare's most-loved and most-performed comedies. The essay focus on such modern concerns as feminism, deconstruction, textual theory, and queer theory.
Download or read book Private Property Rights Protection written by United States. Congress. House. Committee on Agriculture. Subcommittee on Resource Conservation, Research, and Forestry and published by . This book was released on 1995 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Let the People Judge written by John Echeverria and published by Island Press. This book was released on 1995-03-01 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: "One of the most serious challenges to environmentalism that has emerged in the 1990s is the so-called Wise Use movement. While operating under the guise of an independent movement of small landowners, it is in reality a backlash against environmental protection measures, funded and organized by corporations with a vested interest in preventing further environmental gains. Let the People Judge collects the writings of a wide range of thinkers on the Wise Use movement and the controversies that fuel the Wise Use debate.
Download or read book Legal Foundations of Environmental Planning written by Jerome G. Rose and published by Routledge. This book was released on 2017-07-12 with total page 587 pages. Available in PDF, EPUB and Kindle. Book excerpt: Planners and lawyers engaged in the formulation and implementation of plans affecting the environment should have a working knowledge of the legal principles affecting those plans. They should also be familiar with the principles of environmental law. However, environmental law has not been a traditional part of the curriculum of law schools. Many practicing lawyers have never taken a course in environmental law; nor have many of the judges charged with deciding cases whose outcome may have consequences for the environment. In the interest of counteracting this lack of knowledge, Legal Foundations of Environmental Planning integrates excerpts from more than seventy-five court case rulings to illustrate the system of environmental laws and the problems of enforcement. Dedicated specifically to discussions on legal theories and procedures, air pollution, water pollution, and control of population growth and distribution, this sourcebook also includes an extensive glossary of environmental terms. It is a valuable aid for students, legal specialists, public officials, environmental professionals, and urban planners.
Download or read book Polluting Our Principles written by Timothy Lynch and published by . This book was released on 1995 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book All that Glitters is Not Gold written by Mitchell F. Crusto and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent developments in U.S. constitutional law challenge the U.S. Congress's ability to lead on environmental matters. First, there have been major constitutional challenges to the domestic environmental regulatory authority of Congress. Through recent decisions, the Supreme Court has resurrected a pro-state doctrine of federalism. The Court's federalism could result in a restrictive reading of the Commerce Clause that has, in the past, been used as a constitutional justification for federal regulatory authority on important national policy matters. Hence, this new federalism may challenge the federal government's authority to regulate environmental matters at the state level. Second, there is a major constitutional challenge to Congress's financial ability to regulate environmental protection. Through a recent Supreme Court decision, constitutional constraint on federally-created environmental regulations has been established, based upon the Fifth Amendment's Takings Clause. The Supreme Court has created a constitutional restriction on congressionally-driven environmental policy. The Court decided that federal wetlands legislation may constitute “takings,” protected by the Fifth Amendment, for which the federal government must compensate affected property owners. This constitutional interpretation could add unanticipated costs to federal environmental regulation. Third, there is a major challenge to the sovereignty of Congress over environmental protection. Because the law of international treaties is supreme, according to the Constitution, congressionally-generated environmental policy can be superseded by international agreement. Over the last several years, international environmental treaties have increased. The most recent “treaty,” the Kyoto Protocol, seeks to address global warming by reducing greenhouse gas emissions. Effectively, it creates domestic environmental “law,” without the benefit of full congressional debate, review, and enactment. These three recent constitutional developments, including the Supreme Court's challenge to the Commerce Clause, the Supreme Court's application of “takings” analysis to federal wetlands legislation, and the use of international treaties to dictate U.S. environmental policy, are very disturbing. Unchecked, they would virtually destroy the U.S. Congress's sovereignty over environmental policy. This would result in a major change in the landscape of U.S. environmental policy, both domestically and abroad. This article raises the question: How should the United States develop its environmental policy? It analyzes three different policy-making paradigms: (1) the “federalism” paradigm, wherein individual states develop their own environmental policies; (2) the “takings” paradigm, wherein environmental regulations are analyzed as property rights under the Fifth Amendment, requiring just compensation; and (3) the “treaty” paradigm, wherein international agreements determine U.S. domestic environmental policy. In analyzing the different policy-making paradigms, this article looks critically at U.S. environmental policy development, focusing on the role the U.S. Congress plays in developing environmental policy. This article evaluates how recent constitutional developments threaten the sovereignty of the U.S. Congress as the major environmental policy driver in the world. In addition to analyzing the restrictions on Congress's authority to determine environmental policy, this article suggests what direction Congress should take to reestablish its leadership role. It looks closely at the federal government's regulation of U.S.-based companies' environmental behavior abroad. The overarching issue of what environmental standards U.S. corporations should adopt when doing business abroad will be explored, in conjunction with a description of recently developed standards for addressing international environmental protection. This article proposes the development of a market-driven international corporate environmental management program. Specifically, it suggests that the U.S. Congress pass legislation requiring U.S.-based companies to comply with U.S. environmental laws, not only when operating domestically, but also when operating abroad or internationally, creating a Global Environmental Protection Act (GEPA). As a result, the United States will re-establish environmental policy sovereignty, domestically, and internationally.
Download or read book Environmental Law Reporter written by and published by . This book was released on 1981 with total page 1548 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book William and Mary Environmental Law and Policy Review written by and published by . This book was released on 2000 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Crimes Against the Environment written by Susan F. Mandiberg and published by MICHIE. This book was released on 1997 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Jurisdynamics of Environmental Protection written by Jim Chen and published by Environmental Law Institute. This book was released on 2003 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: On November 1 and 2, 2002, the University of Minnesota Law School and the University of Minnesota''s Consortium on Law and Values in Health, Environment, and the Life Sciences sponsored a symposium in honor of Professor Daniel A. Farber's contributions to environmental law. The resulting symposium, The Pragmatic Ecologist: Environmental Protection as a Jurisdynamic Experience, was published in volume 87 of the Minnesota Law Review. The Environmental Law Institute has now combined the proceedings of The Pragmatic Ecologist with additional contributions from many other leading scholars.
Download or read book Climate Change Justice written by Eric A. Posner and published by Princeton University Press. This book was released on 2010-02-22 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: A provocative contribution to the climate justice debate Climate change and justice are so closely associated that many people take it for granted that a global climate treaty should—indeed, must—directly address both issues together. But, in fact, this would be a serious mistake, one that, by dooming effective international limits on greenhouse gases, would actually make the world's poor and developing nations far worse off. This is the provocative and original argument of Climate Change Justice. Eric Posner and David Weisbach strongly favor both a climate change agreement and efforts to improve economic justice. But they make a powerful case that the best—and possibly only—way to get an effective climate treaty is to exclude measures designed to redistribute wealth or address historical wrongs against underdeveloped countries. In clear language, Climate Change Justice proposes four basic principles for designing the only kind of climate treaty that will work—a forward-looking agreement that requires every country to make greenhouse-gas reductions but still makes every country better off in its own view. This kind of treaty has the best chance of actually controlling climate change and improving the welfare of people around the world.
Download or read book Environmental Policy written by Neil Hawke and published by Routledge. This book was released on 2018-02-06 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2002. Environmental Policy is an astute and far-reaching text which analyzes the intersections between environmental policy formation and its ultimate implementation and enforcement through the law. It sets this theme against the axis of EU law and policy and UK law and policy, paying particular attention to the variables which determine the nature and significance of law as a delivery vehicle . Among these variables are the shape and character of EU and UK law for present purposes, alternatives to law, and the culture of UK law and policy aiding a distinct pattern of response to Directives, for example. It takes an informed look at the reality of implementation and enforcement through its reference to policy objectives as well as the limits and appropriateness of law across the aforementioned axis . An indispensable resource for scholars and students of environmental law and policy, along with governmental and other environmental agencies responsible for policy creation, implementation and enforcement.
Download or read book Shipping and the Environment written by Colin De La Rue and published by CRC Press. This book was released on 2015-06-03 with total page 1339 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first edition of this book was quickly acclaimed as the new leading text worldwide on the law and practice of pollution from ships. The second edition deals with a variety of developments since then in this fast-moving subject: the Erika and the Prestige; changes in international law on maritime safety and compensation; latest decisions on claims for compensation; analysis of the SCOPIC regime; new material on ports of refuge, transboundary movements, and pollution from offshore craft; latest cases and regulatory changes in the US; and enlarged chapters on enforcement of laws and criminal sanctions. Like its predecessor, the second edition is superbly indexed and written clearly with the needs in mind of a wide international readership.
Download or read book The Environmental Rights Revolution written by David R. Boyd and published by UBC Press. This book was released on 2011-11-29 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.
