Planning & Environmental Law
Volume 62 • 2010
Commentary Author Index
Authors who contributed commentaries, short notes, and book reviews are listed in alphabetical order.
John J. Costonis
Narrative as Lawmaking: The Anti-Kelo Story
Costonis, chancellor-emeritus and professor of law from University of Louisiana Law Center opines about how the law of eminent domain has recently been shaped through rhetoric and storytelling.
Vol. 62, No. 1 [January 2010] p.3
John D. Echeverria, Steven J. Eagle, Harvey M. Jacobs, Daniel W. Bromley, John J. Delaney, Brian W. Blaesser
Stop the Beach Renourishment — Six Perspectives
Six land use professors share their perspectives about the impact of the U.S. Supreme Court's decision and, specifically, the future of this novel theory of judicial takings.
Vol. 62, No. 9 [September 2010] p.3
Lara DuMond Guercio
Local and Watershed Land Use Controls: A Turning Point for Agriculture and Water Quality
The author, an LLM student at Vermont Law School in Environmental Law, recommends that state and local governments, supported by federal guidance, create and implement a comprehensive and holistic approach to agricultural natural resource conservation, land use planning, and land management that incorporates watershed-based land use controls and regulation.
Vol. 62, No. 2 [February 2010] p.3
Glenn T. Harrell, Jr.
Negotiate, Rather Than Litigate?
Maryland Court of Appeals Judge Harrell advises attorneys and other professionals involved in the land use arena about the benefits and pitfalls of negotiating, rather than litigating, complex land use issues.
Vol. 62, No. 7 [July 2010] p.3
Eric Damian Kelly, FAICP
Attempting City-Council Consolidation in the Heartland: A Personal Account
A PEL reporter explains the legal, political, and practical context for the effort of the Muncie-Delaware County (Indiana) Reorganization Committee, which he chaired. He describes the committee's recommendations, which he hopes will lead to a ballot question in 2012.
Vol. 62, No. 11 [November 2010] p.3
Jesse Ryan Loffler
Hands Off the Scales: Rebalancing Religious Liberty and the Rule of Law
A Benjamin N. Cardozo Law School student offers a potential solution to ongoing Religious Land Use and Institutionalized Persons Act problems, and recommends model language for state legislatures to consider.
Vol. 62, No. 6 [June 2010] p.3
Lora A. Lucero
APA in the Courts — A Line in the Sand
PEL editor introduces the background and lower court decisions leading up to the U.S. Supreme Court's consideration of Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, et al.
Vol. 62, No. 1 [January 2010] p.12
Lora A. Lucero
APA in the Courts — A Line in the Sand: Oral Arguments
PEL editor gathers reactions from seven land use attorneys who were present at the oral argument in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, et al.
Vol. 62, No. 2 [February 2010] p.17
Lora A. Lucero
APA in the Courts — Rocky Mountain Christian Church v. Boulder County
PEL editor provides a synopsis of the Tenth Circuit's decision and the arguments made by APA in its amicus brief supporting Boulder County.
Vol. 62, No. 7 [July 2010] p.10
Lora A. Lucero
Water Supplies and Growth — The Elephant in the Living Room
PEL editor posits that a new growth paradigm is urgently needed that acknowledges the challenges and disconnects between water supplies and growth.
Vol. 62, No. 3 [March 2010] p.3
Deborah M. Rosenthal, AICP
Enough is Enough: Amortization and the End of Uniformity
Land use attorney proposes that nonconforming use regulations can be updated to serve new purposes as zoning itself is transformed.
Vol. 62, No. 4 [April 2010] p.3
Patricia E. Salkin and Zachary Kansler
Medical Marijuana Meets Zoning: Can You Grow, Sell, and Smoke That Here?
The authors pull together information about how municipalities in 14 states with legalized medical marijuana programs are beginning to sort through and address the challenging land use issues that confront communities faced with the growth, sale, and use of the drug.
Vol. 62, No. 8 [August 2010] p.3
Edward J. Sullivan and Ronald Eber
Protecting Our Farmlands: Lessons from Oregon 1961–2009
The authors share lessons learned and recommendations that will be useful for policy makers, attorneys, and planners seeking answers to the challenge of protecting our nation's agricultural resources.
Vol. 62, No. 5 [May 2010] p.3
Taking Back Eden: Eight Environmental Cases that Changed the World
PEL case abstractor reviews a new book by Oliver A. Houck, published by Island Press (2010).
Vol. 62, No. 8 [August 2010] p.9
Justice John Paul Stevens — His Take on Takings
Director of the Law & Public Policy Program at Cleveland-Marshall College of Law provides a retrospective on Justice John Paul Stevens's career on the U.S. Supreme Court, focusing on the Justice's takings jurisprudence.
Vol. 62, No. 10 [October 2010] p.3