Environmental Regulation of Real Property

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This book not only offers in-depth analysis of federal environmental statutes having a bearing on land use, but also looks closely at rules imposed by state and local governments.

Environmental Regulation of Real Property enables you to anticipate and solve a wide range of environmental law problems. It not only offers in-depth analysis of federal environmental statutes having a bearing on land use, but also looks closely at rules imposed by state and local governments. The book covers the entire field of environmental law—from protecting air and water quality to preserving wildlife habitats and landmarks—including constitutional law, real estate law, litigation and corporate transactions.

You'll find detailed coverage of such topics as: when environmental regulation amounts to a constitutional taking; the use of environmental impact statements; hazardous waste control; state and local control of real estate development; protection of water courses, aquifers and drinking water; preservation of agricultural land and historic sites; the relationship between real property taxes and environmental land use controls; and conducting due diligence reviews and environmental audits.

Book #00575; looseleaf, two volumes, 1,662 pages; published in 1982, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-016-6

Additional Information
SKU 575ONL
Division Name Law Journal Press
Volumes 1
Product Types Books
Brand Law Journal Press
Jurisdiction National
ISBN 978-1-58852-016-6
Page Count 1662
Edition 0
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Kevin Anthony Reilly
Kevin Anthony Reilly received his J.D. from St. John's University School of Law, his LL.M. in Environmental Law from Pace Law School, and he pursued doctoral studies in History at the City University of New York. He is a principal appellate court attorney with the New York State Supreme Court, First Department, and an adjunct professor of law at St. John's University School of Law, where he teaches, among other courses, Land Use Planning and Environmental Law courses. He is past Chair of the New York State Bar Association's Environmental Law Section, former Editor of the Section's Journal, the New York Environmental Lawyer, and co-author of Understanding Environmental Law (LexisNexis). Mr. Reilly also writes the annual Commentaries analyzing New York's Environmental Conservation Law for McKinney's Consolidated Laws of New York (Thomson West). Presently he is a member of the Planning Board of Ridgewood, New Jersey, and was a former long-term elected member of the Board, chairman of the Lawyers' Committee, and presently a member of the Land Management Committee, of the Breezy Point Cooperative, Inc., a seaside community adjacent to the Gateway National Recreation Area.
Nicholas A. Robinson
Nicholas A. Robinson is the Gilbert & Sarah Kerlin Distinguished Professor in Environmental Law at the Pace University School of Law. Former Deputy Commission and General Counsel of New York's Department of Environment Conservation, Prof. Robinson established Pace's nationally ranked environmental legal education programs and has practiced and taught environmental law for more than 35 years. He is a graduate of Brown University and of Columbia University Law School.

He has served as General Counsel to the New York State Department of Environmental Conservation and was legal advisor to the World Conservation Congress in Switzerland from 1996-2004.

Volume 1

CHAPTER 1
Introduction

§ 1.01 Purpose of Text
§ 1.02 Users Guide
§ 1.03 The Federal Statutory Context for State Environmental Regulation
[1] The Clean Air Act
[2] The Clean Water Act
[3] Solid and Hazardous Wastes
[4] Other Federal Statutes
§ 1.04 Legal Ethics and Environmental Regulation of Real Property

CHAPTER 2
Natural Constraints on Development

§ 2.01 Scope
§ 2.02 Introduction
§ 2.03 Basic Elements of Ecology and Natural Science
[1] Biosphere
[2] Basic Systems
[3] Biomes
[4] Physical Constraints
§ 2.04 Activity Injurious to Natural Systems
§ 2.05 Inventory Techniques for Identifying Ecosystem and Natural Resource Problems
§ 2.06 Finding the Facts
[1] Literature and Reports
[2] Consultants
[3] Government Sources

CHAPTER 3
Constitutional Environmental Law

§ 3.01 Scope of Issues
§ 3.02 The Commerce Clause
[1] Authority for Federal Environmental Law
[2] Invalidating State or Local Environmental Laws as Burdens on Interstate Commerce
§ 3.03 Federal Versus State Jurisdiction
[1] The Supremacy Clause
[2] Abstention; Doctrine of Primary Jurisdiction
§ 3.04 Regulatory Takings Under the Fifth Amendment
[1] Introduction
[2] Federal Constitutional Jurisprudence
[3] State Appellate Court Jurisprudence
§ 3.05 Due Process and Equal Protection
[1] Notice
[2] Opportunity to Be Heard
[3] Equal Protection
§ 3.06 General Welfare
§ 3.06A Entry and Search of Private Property in Furtherance of Environmental Regulation and Enforcement
§ 3.07 State Constitutions
[1] General Considerations
[2] Types of Constitutional Provisions
[3] Environmental Aspects of Housing Equity
§ 3.08 Limits Imposed by the Eleventh Amendment
§ 3.08A First Amendment Aspects of Environmental Regulation and Enforcement
[1] Aesthetics, Signs and Speech
[2] Interference with, or Accommodation of

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