Laws of the Land: Environmental and Land Use Laws
Examines the intersection of environmental law with property and land use laws, and how they relate to environmental protection and climate change. It begins with a brief introduction to the U.S. legal system. It explores the legal process of land transfer and the legal structure of development rights and the regulation of land use in the United States. It introduces the bases for constitutional challenges to land use regulations and how courts consider claims arising from constitutional protections regarding takings, substantive and procedural due-process, equal protection, and freedom of expression, highlighting the intersection of land use law with climate change. The course also introduces students to the broad dimensions of federal environmental statutes relevant to land use, including the National Environmental Policy Act and the Comprehensive Environmental Response, Compensation, and Liability Act, among others. It concludes by discussing state and local efforts to address climate change through land use regulation.