Legal Principles Critical to

1
Legal Principles Critical to An Understanding of
Environmental Policy
2
Civil vs. Criminal
3
Procedural vs. Substantive
4
Sources of US Law Common Law Statutes
Ordinances Constitution Judicial
Decision-making
5
Common Law - Precedence Common Law vs. Civil
Codes
6
Public Trust Doctrine originally just water
related expanded to include other resources
7
Early Common Law Environmental Case Martin vs.
Waddell US Supreme Court 1842
8
Nuisance Doctrine Private Public
9
Statutes Development Implementation of
Rules Administrative Procedures Act
10

• Administrative Procedures Act 1946
• definitions
• fair information procedures
• rulemaking
• cost-benefit analysis
• least burden on society
• adjudication
• quasi-judicial hearing to resolve differences
• judicial review

11
Ordinances Enabling Legislation
12
Constitutional Structures Supremacy
Clause Commerce Clause
13
Judicial Decision-making Statutory
Interpretation Judicial Precedents Applying
Constitutional Principles
14
Property Rights English History Early US
History
15
John Locke Inherent Human Right is a Right to
Property Property bundle of rights Fee simple
all rights
16
4 Sources of Land Use Control 1) nuisance
common law 2) regulation police power 3)
waste common law related to shared
interest 4) private contracts easements
allows for trespass covenants restricts use
of land
17
Police Power subject to constitutional
limitations due process obligation to promote
order protect health, safety and welfare
18
Eminent Domain right of state to take private
property 5th Amendment limitations 14th
Amendment limitations extended
19
Legitimacy of Zoning Euclid vs. Ambler Realty
1926 Upheld states right to exercise police
power
20
Taking vs. Regulation
21

• 4 Categories of Taking
• Per se taking
• Denial of Use
• Economic Impact 3 prong test
• Claims from Exactions