Environmental Law articles from January 2006

Environmental Law archives from January 2006

Goodbye to the public-private divide.(property rights)
January 1, 2006... To live well on land has long been a challenge and a hope for people everywhere. It is the "oldest task in human history," (1) Aldo Leopold claimed, and he was in a position to know as a careful student of the land and the ways various peoples...

Oregon land-use regulation and ballot measure 37: Newton's third law at work.
January 1, 2006... I. INTRODUCTION II. HISTORY OF STATEWIDE PLANNING IN OREGON A. Senate Bill 10 B. Senate Bill 100 C. The Adoption of Statewide Goals D. Implementation of the Goals E. Statutes Regulating Rural Land....

Oregon at a crossroads: where do we go from here?(land use planning)
January 1, 2006... I. INTRODUCTION II. WHY PLAN? III. WHAT THE MEASURE MEANS A. Meaning of the Measure: Provisions, Exceptions, and Ambiguities 1. Determining Restriction on Use 2. Calculating Reduction in Fair Market Value 3....

Measure 37: paying people for what we take.(regulatory takings)(Oregon)
January 1, 2006... I. INTRODUCTION II. THE CONCEPT OF REGULATORY TAKINGS A. Of Form and Substance B. How Far is too Far? C. The Illusion of Compensation III. MEASURE 37 (AND WHY OREGON NEEDS IT) A. Oregon's Regulatory Nightmare ...

The effects of land-use regulations on property values.(Oregon)
January 1, 2006... Land-use regulations can affect property values in a variety of complex ways. In the context of laws like Oregon's Measure 37, requiring that landowners be compensated if regulations reduce property values, the economic effects of land use...

Year zero: the aftermath of measure 37.(Oregon)
January 1, 2006... I. INTRODUCTION II. THE OREGON PLANNING PROGRAM A. Structure B. The Land Use Board of Appeals C. The Oregon Land-Use Program III. THE MEASURE AND ITS IMPLICATIONS A. Passage B. The Measure ...

Oregon agriculture and land-use planning.
January 1, 2006... I. INTRODUCTION II. BACKGROUND III. AGRICULTURAL LAND AVAILABILITY IS CRITICAL TO SUSTAINING AGRICULTURE INFRASTRUCTURE IV. PROPERTY RIGHTS ARE MAXIMIZED THROUGH PROPER PLANNING V. SOURCES OF CONFLICT A. Implementation...

Transferring measure 37 waivers.(property acquisition)(Oregon)
January 1, 2006... I. INTRODUCTION II. DISCUSSION A. Analytical Framework. B. Interpretation of Measure 37 C. Variances, Nonconforming Uses, and Vested Rights 1. Variance 2. Nonconforming Use 3. Vested Right...

Give and take over measure 37: could metro reconcile compensation for reductions in value with a regional plan for compact urban growth and preserving farmland?(Oregon)
January 1, 2006... I. INTRODUCTION: MEASURE 37 AND METRO'S REGIONAL PLANNING EFFORTS A. Measure 37 B. Oregon and Metro's Programs to Promote Compact Urban Growth and Protect Rural Lands and Natural Resources C. Results of the...

The environmental and public health impacts of U.S. patent law: making the case for incorporating a precautionary principle.
January 1, 2006... I. INTRODUCTION II. THE IMPACTS OF PATENTED TECHNOLOGY: THREE CASE STUDIES A. Chlorofluorocarbons (CFCs) B. Dichlorodiphenyltrichloroethane (DDT) C. Asbestos and Public Health III. PATENTABLE SUBJECT MATTER IN THE...

King County, Washington Ordinance 15053: is "the most restrictive land-use law in the nation" constitutional?
January 1, 2006... I. INTRODUCTION II. KING COUNTY ORDINANCE 15053: RESTRICTIONS ON CLEARING TO PREVENT HARM TO WATER QUALITY AND SPECIES III. THE CONSTITUTIONALITY OF THE CLEARING AND GRADING ORDINANCE UNDER THE TAKINGS CLAUSE OF THE FIFTH...