Environmental Law
After LEBOR: Can the Rights of Nature Movement Stand Back Up?
Desmond Nichols
Abstract The Rights of Nature Movement, a global political movement that seeks to expand the legal rights traditionally granted to humans and corporations to natural entities like lakes, rivers, and ecosystems, is becoming more mainstream. In the United States, the movement has had successes in passing local ordinances that grant lakes and rivers the right […]
Florida Preemption of Local Environmental Ordinances
Parker Watts
Abstract This Note addresses the battle between Florida legislators and local governments over the environmental ordinances local governments can enact. Florida state legislators and private industries have frequently used the preemption doctrine to strike down local governments’ environmental ordinances. This Note looks at three areas where that battle is currently taking place or is expected […]
State-Created Environmental Dangers and Substantive Due Process
Shannon Roesler
Abstract This Article focuses on litigation arising out of contaminated drinking water in Flint, Michigan, lead paint in New York City public housing, and harms to young people from the impacts of climate change. At the heart of each case is a claim that state officials violated the plaintiffs’ substantive due process rights by creating […]
Allowing the Tree to be Cut Down: Quo Warranto Writs in Florida
John W. Wilcox
League of Women Voters of Florida v. Scott, 232 So. 3d 264 (Fla. 2017).
Relative Administrability, Conservatives, and Environmental Regulatory Reform
Written by: Blake Hudson
Abstract Both critics and supporters of federal environmental law have called for its reform. Conservative scholars and policy makers in particular have called for reform due to the size, scope, and cost of the federal environmental bureaucracy. To date, however, conservatives have implemented few successful alternative environmental protection policies addressing the subject matter of federal […]
Policing Federal Supremacy: Preemption and Common Law Damage Claims As a Ceiling Regulatory Floor
Written by: Sam Kalen
Abstract This Article challenges conventional accounts of whether those who drafted the 1970 Clean Air Act intended to preempt state common law claims for nuisance. Neither those who advance robustly deploying the common law to arrest air emissions nor, conversely, those who claim that common law suits would disrupt the air regulatory program appreciate the […]
Stephen McCullers, A Dangerous Servant and a Fearful Master: Why Florida's Prescribed Fire Statute Should be Amended
Fire will not be denied its opportunity to burn through Florida’s forests. The citizens of Florida, however, can accept the responsibility of deciding how the forest will burn. Fire can be purposefully ignited under exact weather conditions, acting as a controlled but dangerous servant with a slim chance of escape or harm. Or, if Floridians […]
Victor B. Flatt, Essay: Adapting Laws For A Changing World: A Systemic Approach To Climate Change Adaptation
64 Fla. L. Rev. 269 (2012)|
Sarah Krakoff, Planetarian Identity Formation And The Relocalization Of Environmental Law
64 Fla. L. Rev. 1 (2011)| | Local food, local work, local energy production-all are hallmarks of a resurgence of localism throughout contemporary environmental thought and action. The renaissance of localism might be seen as a retreat from the world’s global environmental problems. This Article maintains, however, that some forms of localism are actually expressions, […]
David Markell and J.B. Ruhl, An Empirical Assessment of Climate Change In The Courts: A New Jurisprudence Or Business As Usual?
64 Fla. L. Rev. 15 (2012)| | | With the demise of climate legislation in Congress, and the Supreme Court’s rejection of climate-related lawsuits brought under federal common law, rapt attention has turned to the Environmental Protection Agency’s (EPA) efforts to bring greenhouse gases into the regulatory fold. Certainly, as the works in this special […]
Robert W. Adler, Balancing Compassion And Risk In Climate Adaptation: U.S. Water, Drought, And Agricultural Law
64 Fla. L. Rev. 201 (2012)|
Dave Owen, Critical Habitat And The Challenge Of Regulating Small Harms
64 Fla. L. Rev. 141 (2012)|
Lisa Heinzerling, Introduction: Climate Change at EPA
64 Fla. L. Rev. 1 (2012)| With the demise of climate legislation in Congress, and the Supreme Court’s rejection of climate-related lawsuits brought under federal common law, rapt attention has turned to the Environmental Protection Agency’s (EPA) efforts to bring greenhouse gases into the regulatory fold. Certainly, as the works in this special issue of […]
Hari M. Osofsky, Multidimensional Governance and the BP Deepwater Horizon Oil Spill
63 Fla. L. Rev. 1077 (2011)| | | ARTICLE :: This Article explores the governance challenges posed by the BP Deepwater Horizon oil spill and proposes strategies for developing more inclusive, responsive institutions to help meet them. It begins by analyzing the incident through five core dimensions-vertical, horizontal, direction of hierarchy, cooperativeness, and public- private-to […]
Stewart E. Sterk and Kimberly J. Brunelle, Zoning Finality: Reconceptualizing Res Judicata Doctrine in Land Use Cases
63 Fla. L. Rev. 1139 (2011)| | | ARTICLE :: Zoning disputes provide many Americans with their only firsthand exposure to the workings of democratic government. Land use issues trigger participation because neighbors perceive the wrong kind of development as posing a double-barreled threat to the stability of the community in which they have chosen […]
R. Benjamin Lingle, Post-Kelo Eminent Domain Reform: A Double-Edged Sword for Historic Preservation
63 Fla. L. Rev. 985 (2011)| | | NOTE :: The preservation of historic structures provides communities across the nation with both a source of pride in our national history and a window through which to view that history. Governments’ powers of eminent domain have long served as a tool for historic preservation; however, eminent domain […]
Environmental Law Prof Blog Features Professor Sarah Krakoff's Forthcoming Article, Planetarian Identity Formation and the Relocalization of Environmental Law
The editors of the Florida Law Review are very excited to announce that Professor Krakoff’s piece will be published as part of our January 2012 climate change issue. See Professor Blake Hudson’s write-up on the article here at Environmental Law Prof Blog.
Sarah B. Schindler, Following Industry's LEED®: Municipal Adoption of Private Green Building Standards
62 Fla. L. Rev. 285 (2010) | | | | ABSTRACT :: Local governments are beginning to require new, privately constructed and funded buildings to be “green” buildings. Instead of creating their own, locally-derived definitions of green buildings, many municipalities are adopting an existing private standard created by members of the building […]
R. Benjamin Lingle, The Constitutionality and Economic Impacts of Federal Jurisdiction of Wetlands: The Clean Water Restoration Act of 2009
62 Fla. L. Rev. 1091 (2010) | | | | INTRODUCTION :: Imagine there is a river, and a half mile to the river’s east is a twenty-acre wetland. To the east of the wetland is a neighborhood. The river’s eastern bank is seven feet above the mean water line, and the western bank is […]
Christine A. Klein, Mary Jane Angelo, & Richard Hamann, Modernizing Water Law: The Example of Florida
61 Fla. L. Rev. 403 (2009) | | | | INTRODUCTION :: At the beginning of the twenty-first century, the Earth, with its diverse and abundant life forms, including over six billion humans, is facing a serious water crisis. All the signs suggest that it is getting worse and will continue to do so, unless […]
Sandra Zellmer, A Tale of Two Imperiled Rivers: Reflections from a Post-Katrina World
59 Fla. L. Rev. 599 (2007) | | | | INTRODUCTION :: Let the river run; let all the dreamers wake the nation. Last year, hundreds of thousands of residents of the lower Mississippi River basin were forced to flee Hurricane Katrina. Having scattered like leaves before the gale-force winds that pounded the Gulf Coast, […]
Charles T. Douglas, Jr., Compensating for Canker: A Sore Subject for Florida's Citrus Growers: Haire v. Florida Department of Agriculture & Consumer Services, 870 So. 2d 774 (Fla. 2004)
57 Fla. L. Rev. 421 (2005) | | | TEXT :: Florida’s citrus canker law (the Canker Law) requires the State to destroy healthy-appearing citrus trees that are within a 1900-foot radius of an infected tree. The Florida Legislature enacted this eradication program to thwart the spread of canker and to protect Florida’s second largest […]
Kevin M. Shuler, Is the Endangered Species Act Endangered in the Age of Strict Federalism? A Florida Perspective on the Recent Commerce Clause Challenges to the ESA
57 Fla. L. Rev. 1135 (2005) | | | | INTRODUCTION :: Suppose that a ten-million-dollar development project in Levy County was suddenly stymied by the discovery of a nest of Florida salt marsh voles. Such a delay could endanger a project bringing much-needed jobs to one of Florida’s poorest counties. Despite existing in only […]