Category Archives: Land use and Environment

Paul Babie, ‘Review Essay: Private Property Suffuses Life’

Abstract: This review essay explores, in four Parts, the ways in which private property has become a ubiquitous means of exerting control over things and over people. First, it recounts the liberal conception of private property. Second, using Andro Linklater’s Owning the Earth: The Transforming History of Land Ownership and Frank Trentmann’s Empire of Things: […]

Tara Righetti, ‘Correlative Rights and Limited Common Property in the Pore Space: A Response to the Challenge of Subsurface Trespass in Carbon Capture and Sequestration’

Abstract: Carbon dioxide and other substances injected as part of carbon capture and sequestration (CCS) have the potential to migrate beyond the confines of the injection project, creating the potential for trespass. In order for CCS to be viable, legal clarity on the issue of subsurface trespass is required. This Article argues that the challenge […]

S Steel, ‘The Locality Principle In Private Nuisance’

Abstract: This article considers the principle in the tort of private nuisance that the level of protection to which one is entitled from certain kinds of interference is sensitive to one’s locality. It argues that the principle can be partly justified by the different costs of avoiding an interference which different localities create. However, it […]

Michel, Romano and Zannini, ‘Joint Use of Liability and Regulation in Environmental Law’

Abstract: In this paper, we argue that the joint use of ex-ante regulation and ex-post liability rules is efficient when there are uncertainty surrounding causal investigations and regulatory myopia. As these conditions are generally met in environmental cases, we provide an explanation for the frequent coexistence of these two instruments to control activities that create […]

Shai Stern, ‘Property’s Tipping Point’

Abstract: There is a clear tension in the law between exercises of state police power in land-use regulation, including zoning laws, on the one hand, and takings under the Fifth Amendment on the other. Courts have struggled to find a dividing line between the two, but for their efforts we are left only with is […]

Jill Fraley, ‘The Uncompensated Takings of Nuisance Law’

Abstract: This article argues that nuisance law transformed in significant and largely unnoticed ways during the mid-to-late twentieth century. This transformation of nuisance law generates uncompensated takings by depriving plaintiffs of access to compensatory damages for nuisance claims for the sole reason that the nuisance generates external public and private benefits. Remarkably, modern courts adopted […]

‘Bloke whose drone was blasted out of sky by angry dad loses another court battle for compo’

“An appeals court has snubbed a drone owner’s demand for $1,500 compensation from a furious dad who blew the flying gizmo out of the sky when it hovered over his family. In July 2015, William Merideth, 47, was at home in Hillview, Kentucky, America, when his daughter came in from sunbathing in the garden to […]

Blank and Rosen-Zvi, ‘The Spatial Turn in Legal Theory’

Abstract: The article explores the spatial turn which has taken place in legal theory since the mid-1990s. We argue that, although space was present in legal analysis prior to this turn, the consolidation of these various studies, as well as their understanding as belonging to a distinct branch of legal theory, has had three important […]

Tamara Lotner Lev, ‘Liability for Environmental Damages from the Offshore Petroleum Industry: Strict Liability Justifications and the Judgment-Proof Problem’

Abstract: After the Deepwater Horizon oil spill of 2010, one of the worst environmental man-made disasters and the largest ever oil spill in the United States, scholars and government investigators analyzed the offshore regulatory regime and its implementation in search of failures that led to the accident and possible solutions. Relatively few critiques of the […]

Fisher, Scotford and Barritt, ‘The Legally Disruptive Nature of Climate Change’

Abstract: Climate change gives rise to disputes and problems not easily addressed by existing legal doctrines and frameworks. This is because it is a polycentric problem; the assessment of future climate impacts must deal with uncertainty; climate change is socio-politically controversial; and addressing climate change requires recognising a dynamic physical environment. As such, climate change […]