March 2014
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5 Reads
Pace Law Review
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March 2014
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5 Reads
Pace Law Review
January 2014
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28 Reads
Planning & Environmental Law
In our changing world one thing is certain: Uncertainty will characterize predictions about the impact of new urban developments on the risks of floods, earthquakes, traffic congestion, or environmental harms.
January 2014
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6 Reads
SSRN Electronic Journal
This article focuses on the action localities have taken toward mitigating some of the adverse impacts of hydraulic fracturing, or hydrofracking. The Article will explore impacts at the local level and will show the governance gap that has resulted from federal and state regulations that leave many local impacts unmitigated. Zoning laws and other practices that local governments are adopting are also discussed, explaining why state preemption over the traditional role of local governments in regulating this particular heavy industrial activity is not the ideal situation.
May 2013
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47 Reads
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1 Citation
SSRN Electronic Journal
The practice-oriented influences of the Carnegie Foundation’s Educating Lawyers and the report of the Clinical Legal Education Association, Best Practices for Legal Education, have been working on the academy for only five years; law teachers are just now learning how they can better prepare their students to practice law “effectively and responsibly in the contexts they are likely to encounter as new lawyers.” These reports have stimulated a vast literature on how law professors can improve their teaching methods, how law schools can alter their curricula, and how the legal academy as a whole can prioritize skills education. Much less attention has been paid to the connection between legal scholarship and the practice of law. For many law professors, there is an intuitive link between their teaching and scholarship. Does that link apply to teaching law students to be more practice-oriented, and what precisely does that mean? Should our scholarship examine more regularly the problems that practitioners confront and the contexts in which they arise? This article addresses these pressing questions in the context of legal scholarship as a context and opportunity. This article presents the reflections of sixteen law professors on linkages between scholarship and the legal profession. From these reflections, several themes are identified that lead to new perspective on legal scholarship in a time of dynamic change in the law school education. This article begins a dialogue on engaged scholarship and concludes with the some proposed directions for critical reflection on the roles of law professors as academics and as molders of the careers of their students.
April 2013
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44 Reads
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11 Citations
Case Western Reserve law review
Advocates for the gas drilling technology known as hydraulic fracturing, or fracking, argue that it will bring significant economic benefits to the private and public sectors. Its opponents dispute these claims and point to significant environmental and public health risks associated with fracking - risks that must be considered in adopting government regulations needed to protect the public interest. One of the many issues raised by fracking is which level of government should regulate which aspects of the practice. This debate is complicated by the fact that the risks associated with fracking raise concerns of federal, state, and local importance and fit within existing regulatory regimes of each of these levels of government. This Article begins by describing the limited aspects of fracking that are currently regulated by the federal government, which leaves many of the risks unaddressed, opening the door for state and local regulation. This Article describes the legal tension between state and local governments in regulating fracking in the four states that contain the immense Marcellus shale formation. Its particular focus is on court decisions that determine whether local land use regulation, which typically regulates local industrial activity, has been preempted by state statutes that historically regulate gas drilling operations. This investigation suggests that the broad scope and durability of local land use power as a key feature of municipal governance tends to make courts reluctant to usurp local prerogatives in the absence of extraordinarily clear and express language of preemption in state statutes that regulate gas drilling. The Article concludes with an examination of how the legitimate interests and legal authority of all three levels of government can be integrated in a system of cooperative governance.
February 2013
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5 Reads
Changes in climatic and demographic trends are sparking renewed interest in cities generally and sustainable communities particularly. On the one hand, residents and workers in denser, mixed-use neighborhoods served by transit have half the carbon footprint of those in spread-out suburban areas. On the other hand, many of the smaller households that characterize the nation’s growing population prefer to live in precisely those compact, mixed-use neighborhoods. In New York, these changes align with several new state policies that encourage cities and towns to reduce carbon emissions, reduce vehicle travel, create sustainable buildings and neighborhoods, and preserve the landscapes that sequester nearly twenty percent of the nation’s carbon emissions. These three shifts – climatic, demographic, and political – create opportunities for older cities and towns to revitalize themselves, while creating new roles for smaller, rural communities. After describing these trends, this article reviews the nascent movement to certify sustainable communities, noting that existing programs measure mainly the behavior of municipalities as building and vehicle fleet owners and educators of the public. These certification systems need to expand to measure how well local governments use their legal authority to control private sector development so that the millions of new homes and billions of square feet of commercial buildings needed to serve the growing population are sustainable. The article describes the creation of a certification system that measures and rewards municipal planning, regulation, and incentives that ensure the sustainability of future development in areas that should host much of the expanding population and of those areas where conservation should predominate.
February 2013
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13 Reads
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5 Citations
We began these two decades reacting to the market’s interest in developing greenfields and coastal property and end it wondering how to prepare more urbanized places for a growing population of smaller households who seek the amenities of urban living and some protection from the storms ahead. This essay discusses this and nine other fundamental paradigm shifts in environmental and economic conditions that are reshaping the law and changing the way state and local governments control land use and order human settlements.
July 2012
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7 Reads
A federal False Claims Act action against Westchester County, New York launched a unique effort to explore whether zoning, subsidies, and advocacy could significantly Increase the percentage of minorities living in largely white communities. A Voluntary Cooperation Agreement entered into by Marin County, California raises a similar question. This article describes the legal background of the lawsuit brought against Westchester County, the Settlement Agreement that arose from it, and the attempt by Westchester County to carry out its obligations to affirmatively further fair housing. It traces the evolution of exclusionary zoning law in New York State courts, contrasts it to statutory approaches in New Jersey and Connecticut, and reviews the tepid efforts of the New York State legislature to tackle the problem of articulating the affordable housing obligations of local governments. The authors detail the progress made in Westchester County and explain their own initiative to use training, education, and technical assistance to further the efforts by communities to provide fair and affordable housing. The article also explains the significance of the implementation of the Settlement Agreement and that while Westchester County will probably meet most of the literal terms of the Settlement, the goal of achieving significant racial integration in largely white census tracts, and all the benefits of diversity that integration achieves, remains elusive. Finally, it considers what can be done at the state level to achieve integration goals, while still pursuing other state policies regarding smart growth, climate change mitigation, energy conservation, and housing equity in densely settled urban areas.
June 2012
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10 Reads
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9 Citations
Urban Lawyer, The
There is much controversy about the mining of shale gas through a process known as hydraulic fracturing (hydrofracking) in the Marcellus Shale formation, one of the largest shale gas areas in the world. A debate is raging about its economic benefits and environmental impacts as the New York State’s Department of Environmental Conservation (DEC) considers what standards to require when it issues permits to drillers. New York State law gives permitting authority to DEC and calls into question the historical home rule authority of localities to control the location and land use impacts of gas wells, through comprehensive planning, zoning, and development regulations. This article describes and discusses this debate, the tension between state and local control, local zoning limitations imposed on drilling and ensuing litigation, and options available to municipalities to control the impact of drilling on their local environment and economies. The regulation, advocacy, and negotiation regarding hydrofracking raise critical questions for economic and environmental policy because the facts regarding this emerging technology are highly disputed, the forces pushing and resisting shale gas mining are powerful, and the authority of each level of government is unclear. At stake are critical policy issues about who decides issues that have national, regional, and local impacts and the role of regulation in developing effective strategies for resolving such complex environmental and economic conflicts.
January 2012
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7 Reads
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4 Citations
SSRN Electronic Journal
Climate change management involves strategies that mitigate its causes and adapt human communities to its consequences. This article describes a legal strategy that does both: a national biological sequestration policy. This policy will increase the amount of carbon dioxide emissions that biological sequestration currently removes from the atmosphere and will enable human settlements to adapt to the harsh effects of a changing climate, while realizing a number of other objectives that open space preservation achieves. The article sketches the influences of international and national climate change law, which largely ignore the benefits of biological sequestration on privately owned land in developed countries. It then turns to an analysis of climate change and its consequences before exploring how mitigation and adaptation can be accomplished by preserving and enhancing the natural landscape in both rural and urban areas. Open Space Law presents policy makers with readily available tools to protect the sequestering environment: the natural and man-made landscapes that capture and store carbon organically and provide ecosystem resiliency. This body of law has emerged spontaneously over the past few decades, responding to countless local perturbations, largely unaided by cogent federal strategies. The local and state initiatives that have evolved to preserve and enhance open space provide the basis for a broader sequestration policy, one that builds on available legal technology and existing norms to respond to the looming global perturbation of climate change.
... In the United States, the petroleum industry has been successful in overcoming the opposition in most areas of the country so that the country is a major producer of shale gas. At the same time, some U.S. municipal governments and a few state governments have banned shale gas development (Nolon and Gavin, 2013). In Europe, the opposition to shale gas development is stronger (Upham et al., 2015). ...
April 2013
Case Western Reserve law review
... This will — at least in the ideal world — lead to a better possibility to establish dialogue across different approaches and perspectives within and also beyond international management. There is a need to promote engaged scholarship in IM (Van de Ven & Johnson, 2006; Voronov, 2008). Critical reflection requires a broader view than typically taken in international management; that is, acknowledgement of various stakeholders and interests in and around MNCs and other organizations . ...
May 2013
SSRN Electronic Journal
... However, as the NRBV (Hart, 1995) advocates the "business-case for sustainability", which focuses on the instrumental benefits of integrating social and environmental responsibility into the strategic goals of the firm (Hahn et al., 2018;Wagner, 2015), to create sustainable competitive advantage as well as enhance environmental performance (Makhloufi et al., 2022;Rehman et al. 2020). The need for a paradigm shift toward sustainable performance measurement (Islam et al., 2022;Nolon, 2013) has advanced the TBL approach (Islam et al., 2022;Pava, 2007;Norman & McDonald, 2004), which is a comprehensive measure for economic, social, and environmental performance (c.f. Liute & De Giacomo, 2022;Kitsis & Chen, 2019;Svensson, 2018). ...
February 2013
... In some parts of the world, shoreline hardening as a response to erosion reflects a coastal management model of action-reaction, compounded by the challenge of teasing out the natural causes of erosion (e.g., storms, seasonal waves, sea level rise) from those that are human-induced (e.g., disruptions to sand availability through hardening and dune removal) (Dethier et al. 2017). This is further exacerbated by multiple interests within a coastal management system that exert pressures upon local government officials who try to balance and accommodate competing interests (Nolon 2012). In other parts of the world, coastal management policies are implemented as statutory or as guidance documents (Williams et al. 2018). ...
January 2012
SSRN Electronic Journal
... "In many cases, communities are encountering large-scale industrial fossil fuel production for the first time, and as remote natural gas resources are exhausted, fracking continues to push closer to residential areas" [72]. Several sources tackle the regulatory battle between states and local governments emphasizing the tension between state and local control, the impact of local drilling zoning limitations and the options available to municipalities to control the effects of drilling on their local environment and economies [73][74][75]. ...
June 2012
Urban Lawyer, The
... Realizing the goal of air quality improvement needs not only the actions of central government, but also a multi-level governance structure building on each level's strengths. Previous studies indicated that in addition to national government, local governments could authorize regulations and other actions to serve as a catalyst for broader policy impacts [20][21][22][23][24][25]. A number of provinces in China have implemented various energy saving and emission reduction policies to mitigate local air degradation. ...
October 2009
Planning & Environmental Law
... Considering that it is thought to be the sole objective appropriate for measuring the efficiency of ULUPs in relation to energy resources and in order to measure the impact of ULUPs on increasing energy efficiency in urban transport, 'Density' is further created as a detail indicator based on the recommendation to disaggregate the indicators provided by the SDGs Global Indicator Framework (IAEG-SDGs 2020). As a result, ULUPs for a city with a higher density also predict a lower energy need for urban transportation (Nolon 2012;Duranton and Puga 2020). ...
January 2012
SSRN Electronic Journal
... Other studies also confirmed that green spaces, whether parks, urban forests, or even small gardens, play a crucial role in mitigating the UHI effect, a phenomenon where cities experience significantly higher temperatures than surrounding rural areas. This is because these green spaces act as natural temperature regulators, effectively lowering both air and surface temperatures (Nolon 2012). The findings of this investigation are supported by additional literature that highlights the inverse relationship between NDVI and LST, emphasizing the critical role of vegetation in urban environments. ...
January 2012
SSRN Electronic Journal
... In religious discipline, there are works by Grine et al. [9], Abdulrachman [10], Usman [11], Adebayo [12], Narayanan [13], Hossain [14]. In planning there are works by Roberts and Roger [15], Berke and Conroy [16], Sowman and Brown [17], Polk [18], Nolon and Salkin [19], Jun and Conroy [20], Collia and March [21], Williams [22], Filion et al. [23], and et cetera. In sociology discipline we observe the works by Counsell [24], Kruijsen [25], and in education, the works by Holden [26], Crabbe et.al [27], Gough and Scott [28]. ...
March 2011
Planning & Environmental Law
... Sustainable building standards rarely account for locational variables, except for those that can be addressed generally by developers. It has appeared that standards overcome the lack of desirable locational attributes and the externalities caused by the lack of these attributes, including travel-related pollution and commuting stress, through encouraging transit-oriented development (Cervero and Sullivan, 2011;Nolon, non-sustainable counterparts and any sustainability effects are ancillary rather than fundamental. ...
November 2009
Planning & Environmental Law