Pub Date : 2014-06-17DOI: 10.1080/15480755.2014.924800
{"title":"Index & List of Reporters","authors":"","doi":"10.1080/15480755.2014.924800","DOIUrl":"https://doi.org/10.1080/15480755.2014.924800","url":null,"abstract":"","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"1 1","pages":"26 - 28"},"PeriodicalIF":2.3,"publicationDate":"2014-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83001957","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2014-06-17DOI: 10.1080/15480755.2014.924796
M. Ouellette, Holly E. Cheong
Abstract The federal Endangered Species Act of 1973 (ESA) is over 40 years old. During those years, the landscape of endangered species issues and the tools we have to address them have changed considerably. Habitat Conservation Plans (HCP) under the ESA have been used throughout the country for 30 years and have significantly changed the way federal agencies address impacts to endangered species. The ever‐changing needs of endangered species, and the laws in place to protect them, affect all aspects of project planning. The history of these laws and the current issues today are key to understanding when an HCP may benefit your project or plan.
{"title":"The Endangered Species Act and Habitat Conservation Plans","authors":"M. Ouellette, Holly E. Cheong","doi":"10.1080/15480755.2014.924796","DOIUrl":"https://doi.org/10.1080/15480755.2014.924796","url":null,"abstract":"Abstract The federal Endangered Species Act of 1973 (ESA) is over 40 years old. During those years, the landscape of endangered species issues and the tools we have to address them have changed considerably. Habitat Conservation Plans (HCP) under the ESA have been used throughout the country for 30 years and have significantly changed the way federal agencies address impacts to endangered species. The ever‐changing needs of endangered species, and the laws in place to protect them, affect all aspects of project planning. The history of these laws and the current issues today are key to understanding when an HCP may benefit your project or plan.","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"72 1","pages":"4 - 7"},"PeriodicalIF":2.3,"publicationDate":"2014-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80053313","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2014-05-15DOI: 10.1080/15480755.2014.924797
M. Ouellette, Holly E. Cheong
Abstract Urban development in Southern California over the past few decades has largely concentrated on the coastal areas. In contrast, Riverside County, California's fourth largest county, which sits inland from the coast and is about the size of New Jersey, has until recently retained much of its rural and agricultural acreage with a significant percentage of its land undeveloped. With so much open space, western Riverside County was among the inland areas of Southern California left with a majority of the remaining intact habitat areas for species, sometimes making it “ground zero” for a battle between saving habitat for endangered species and building new homes and infrastructure in a fast‐growing area. That tug‐of‐;war eventually led to the formation of one of the nation's largest Habitat Conservation Plans (HCPs) covering nearly 150 plants and animals protected by endangered species laws or potentially in danger of becoming listed as endangered or threatened.
{"title":"The Western Riverside County Multiple Species Habitat Conservation Plan: 10 Years Later","authors":"M. Ouellette, Holly E. Cheong","doi":"10.1080/15480755.2014.924797","DOIUrl":"https://doi.org/10.1080/15480755.2014.924797","url":null,"abstract":"Abstract Urban development in Southern California over the past few decades has largely concentrated on the coastal areas. In contrast, Riverside County, California's fourth largest county, which sits inland from the coast and is about the size of New Jersey, has until recently retained much of its rural and agricultural acreage with a significant percentage of its land undeveloped. With so much open space, western Riverside County was among the inland areas of Southern California left with a majority of the remaining intact habitat areas for species, sometimes making it “ground zero” for a battle between saving habitat for endangered species and building new homes and infrastructure in a fast‐growing area. That tug‐of‐;war eventually led to the formation of one of the nation's largest Habitat Conservation Plans (HCPs) covering nearly 150 plants and animals protected by endangered species laws or potentially in danger of becoming listed as endangered or threatened.","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"31 1 1","pages":"11 - 8"},"PeriodicalIF":2.3,"publicationDate":"2014-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82949561","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2014-05-14DOI: 10.1080/15480755.2014.916169
{"title":"Index & List of Reporters","authors":"","doi":"10.1080/15480755.2014.916169","DOIUrl":"https://doi.org/10.1080/15480755.2014.916169","url":null,"abstract":"","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"115 1","pages":"23 - 24"},"PeriodicalIF":2.3,"publicationDate":"2014-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85396297","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2014-05-14DOI: 10.1080/15480755.2014.916163
AmericAn PlAnning AssociAtion 3 Many in the development community look for certainty. Certainty that the law won’t change dramatically and certainty that a single election won’t derail their plans. On the whole, regulators do their best to assure that consistency. But what if it’s a changing climate that’s certain? Sea levels are rising, storms are intensifying, and the impact of coastal development on inland residents is increasing. How should regulation adjust to these involuntary changes? In 1992, the U.S. Supreme Court decision in Lucas v. South Carolina Coastal Commission precluded most bans on coastal development subject to “background principles of ” state law, and one of those principles is the power to protect public health. This month’s first commentary author, University of Utah law professor Robin Kundis Craig, explains why Lucas doesn’t prevent states and municipalities from responding to climate change and its impacts on public health. And what are those impacts? Doctor and public health researcher Cindy L. Parker of Johns Hopkins Bloomberg School of Public Health warns of the dangers to public health posed by sea-level rise, climate change, and growing storms. Together, these authors present the planning tools to put in place resilient physical and service infrastructure and the legal tools to defend them from a takings claim.
{"title":"Full Issue PDF, Volume 66, Issue 5","authors":"","doi":"10.1080/15480755.2014.916163","DOIUrl":"https://doi.org/10.1080/15480755.2014.916163","url":null,"abstract":"AmericAn PlAnning AssociAtion 3 Many in the development community look for certainty. Certainty that the law won’t change dramatically and certainty that a single election won’t derail their plans. On the whole, regulators do their best to assure that consistency. But what if it’s a changing climate that’s certain? Sea levels are rising, storms are intensifying, and the impact of coastal development on inland residents is increasing. How should regulation adjust to these involuntary changes? In 1992, the U.S. Supreme Court decision in Lucas v. South Carolina Coastal Commission precluded most bans on coastal development subject to “background principles of ” state law, and one of those principles is the power to protect public health. This month’s first commentary author, University of Utah law professor Robin Kundis Craig, explains why Lucas doesn’t prevent states and municipalities from responding to climate change and its impacts on public health. And what are those impacts? Doctor and public health researcher Cindy L. Parker of Johns Hopkins Bloomberg School of Public Health warns of the dangers to public health posed by sea-level rise, climate change, and growing storms. Together, these authors present the planning tools to put in place resilient physical and service infrastructure and the legal tools to defend them from a takings claim.","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"6 1","pages":"24 - 3"},"PeriodicalIF":2.3,"publicationDate":"2014-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82521798","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2014-05-14DOI: 10.1080/15480755.2014.916167
Abstract “Judicial Decisions”are abstracts of recent federal and state court decisions addressing issues of importance to the land use lawyer and planner, such as zoning, inverse condemnation, growth management, signs and billboards, vested rights, and many more.
{"title":"Judicial Decisions","authors":"","doi":"10.1080/15480755.2014.916167","DOIUrl":"https://doi.org/10.1080/15480755.2014.916167","url":null,"abstract":"Abstract “Judicial Decisions”are abstracts of recent federal and state court decisions addressing issues of importance to the land use lawyer and planner, such as zoning, inverse condemnation, growth management, signs and billboards, vested rights, and many more.","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"32 1","pages":"13 - 22"},"PeriodicalIF":2.3,"publicationDate":"2014-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78687689","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2014-04-21DOI: 10.1080/15480755.2014.916165
R. Craig
Abstract Coastal states and coastal communities are in many ways on the front line of climate change adaptation. Rising seas undermine the stability of shorelines, alter coastal ecologies, contaminate coastal aquifers with salt water (salt water intrusion), and, ultimately, threaten to completely inundate large swaths of what is currently coastland upland—upland that is often privately owned and occupied. At the same time, sea-level rise also exacerbates the impacts of coastal storms and hurricanes, phenomena which are themselves expected to become both more common and more fierce as climate change progresses. As storms such as Superstorm Sandy in 2012 and Hurricane Katrina in 2005 have demonstrated, these storms—especially in combination with background sea-level rise—accelerate the already increasing risks to coastal inhabitants, increasing costs to both those inhabitants and coastal governments, and the ultimate need to retreat from coastal settlement.
{"title":"Using a Public Health Perspective to Insulate Land Use-Related Coastal Climate Change Adaptation Measures from Constitutional Takings Challenges","authors":"R. Craig","doi":"10.1080/15480755.2014.916165","DOIUrl":"https://doi.org/10.1080/15480755.2014.916165","url":null,"abstract":"Abstract Coastal states and coastal communities are in many ways on the front line of climate change adaptation. Rising seas undermine the stability of shorelines, alter coastal ecologies, contaminate coastal aquifers with salt water (salt water intrusion), and, ultimately, threaten to completely inundate large swaths of what is currently coastland upland—upland that is often privately owned and occupied. At the same time, sea-level rise also exacerbates the impacts of coastal storms and hurricanes, phenomena which are themselves expected to become both more common and more fierce as climate change progresses. As storms such as Superstorm Sandy in 2012 and Hurricane Katrina in 2005 have demonstrated, these storms—especially in combination with background sea-level rise—accelerate the already increasing risks to coastal inhabitants, increasing costs to both those inhabitants and coastal governments, and the ultimate need to retreat from coastal settlement.","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"46 1","pages":"4 - 7"},"PeriodicalIF":2.3,"publicationDate":"2014-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79195346","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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