The National Park Service and external development: addressing park boundary-area threats through public nuisance
Article Abstract:
The National Park Service (NPS) should use public nuisance law to protect national parks from the threat posed by development along park boundaries. For example, the planned development by World Odyssey Inc of a theater and retail center next to Zion National Park would constitute a substantial and unreasonable interference with public enjoyment of the park. Using either federal common law or Utah law, the NPS could succeed in a public nuisance action against Odyssey, and the court could order the company to choose a less intrusive location for development.
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 1993
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Alaska's nuisance statute revisited: federal substantive due process limits to common law abrogation
Article Abstract:
Statutory abrogation of common law remedies for offenses against property is an unconstitutional deprivation of the due process of law. Judicial review should be stringent when people are deprived of important common law protections and left without legal remedies for injuries due to pollution. Common law abrogation should be reasonable and new protections or other advantages should take the place of the traditional ones. A proposed regulation cannot be immune from due process challenge just because it accomplishes an economic objective.
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 1997
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Common law preemption: Alaska's limitation on private nuisance and due process
Article Abstract:
Alaska Statute section 09.45.230 violates the equal protection clause of the state constitution. Pressure from the industrial lobby, especially from the resource extraction industries, helped to pass the statute. Its stated intent was to keep parties who could not otherwise block permits from abusing nuisance law to achieve their goals. The public itself ends up with lesser rights than the powerful industrial lobby of this state.
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 1996
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