3220THS Property Development Law |National Environmental Policy Act
Questions:
1.Village of Euclid v Ambler Realty Co.
Please briefly explain the Euclid decision and then, in detail, track the impact of “Euclid” on land use and zoning over the rest of the 20th Century and into the 21 Century. Discuss how this decision precipitated the authority local governments have over zoning. Is Euclidian zoning still valid?
2.Constitution of the United States
Explain which amendments of the U.S. Constitution have the most impact on land use law. Use examples of cases for each of the amendments impacting land use law and show how the particular amendment was adjudicated. Further discuss how the constitutional amendments may be interpreted and in particular give an example of “strict” interpretation of a constitutional amendment and a more liberal interpretation of a constitutional amendment.
3.NEPA, RCRA & CERCLA, Clean Water and Clean Air Act
Explain how environmental laws have changed over the past 40 years especially in the area of liability. Through cases discussed in class and your own research of cases, detail how the acts cited above have changed the way cases have been tried and the results of those changes in terms of advancing a cleaner environment.
Answers:
1.
In the case of Village of Euclid v Ambler Realty Co, the court analyzed the legality of the zoning ordinance and observed that the ordinance should be justified in the light of police power. In this case the court tried to analyze if the zoning exclusions were lawful. The significance of the case lies in being the first judgment dealing with zoning ordinances which aimed to bolster zoning practices in the Unites States (Mail, Mynk & Planner, 2015). The question was whether the zoning ordinance violated Amber Realty’s right to property clause under the Fourteenth Amendment. The Court held that the zoning ordinance was valid and well within the authority of the village’s police power it was observed by the court that the company’s accusation of the ordinance not being in line with due process was not well founded. The Courts have held that zoning is permissible if it is not arbitrary and there is a valid justification and the zoning is within the police power. Zoning comes with a few restrictions like it should be done keeping in mind the welfare of the people and a valid rationale behind doing it
2.
In the case of Berman v Parker 348 U.S. 26, 33 (1954) where it was held that it is within the authority of the legislature to ensure that a community looks beautiful and any step taken towards maximizing that aim does not violate the Fifth Amendment. In Reitman v Mulkey, 3387 U.S. 369 (1967) by a California Constitutional amendment, it was held that it was invalidated because permitting private persons to sell their property to whoever they wanted to gave rise to state action. It was the Court’s right to preserve civil liberties (Chemerinsky, 2015). The fourteenth amendment was held to be in violation of economic rights and that it constituted economic discrimination. This landmark decision was held in examining the legality of the Civil Rights Act.
3.
The National Environmental Policy Act was the first written law to form a broad framework of environmental law. The aim of the NEPA is to ensure that all government agencies and branches give equal protection to environment protection (Plater et al., 2016). The NEPA requirements mandate that the impacts of likelihood course of action be assessed before undertaking any project.
The Resource Conservation and Recovery Act is a public law that enables the proper management of hazardous as well as non hazardous wastes. The federal agencies are obligated to adhere to the waste management policy of the Government.
The Comprehensive Environmental Response, Compensation and Liability Act were passed in the year 1980. This was enacted to stop the hazardous waste practices that were going on in the 1970s (Percival et al., 2017). The Act empowers state governments to scrutinize materials that pose a threat to human health. The liability of the state Government has increased manifold and now it has become their duty to ensure that everyone is living in a safe and healthy environment. The Clean Water and Air Act are federal laws that regulate safe water and air and aim to protect public health and welfare.
References
Chemerinsky, E. (2016). Constitutional law. Wolters Kluwer Law & Business.
Mail, V. C. U., Mynk, C. B., & Planner, A. S. (2015). Re: Comments on the Draft Environmental Impact Report for Revisions to the Kern County Zoning Ordinance–2015 (c), Including Implementation of All future Activities Undertaken Pursuant to the Amendment.
Percival, R. V., Schroeder, C. H., Miller, A. S., & Leape, J. P. (2017). Environmental regulation: Law, science, and policy. Wolters Kluwer Law & Business.
Plater, Z. J., Abrams, R. H., Graham, R. L., Heinzerling, L., Wirth, D. A., Hall, N. D., ... & Graham, R. L. (2016). Environmental law and policy: Nature, law, and society. Wolters Kluwer Law & Business.
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