environmental law attack outline

A prospector who finds a valuable mineral has first claim to it, so long as she or he diligently works the claim and continuously occupies the parcel under a doctrine known as pedis possessio. Carpenter v. Ruperto (1982) p. 203 Lady fenced in 60 feet of the neighbor’s property, planted grass, built a driveway, propane tank, used it, etc. Baker shot dogs because they were actively harming his property; not for mere trespass. Actual Exclusive Open & notorious Continuous Under adverse/hostile claim of right/title Yes: AP No-------------------------------------------------------------------> TO wins * Possessor: typically present possessor. But a recently-ousted possessor can assert AP over a present possessor who has better paper title based on succeeding to prior possessor. Amory v. Delamirie (1722) p. 220 Rule: Finder has a property right to keep the found item from all except the True Owner. By Accession & Ad Coelum Principle of Accession (Broad): family of doctrines where ownership of some unclaimed or contested resource is assigned to the owner of some other resource that has a prominent relationship to the unclaimed resource. ), but that’s okay – the legislature can still fill gaps. Under RCRA no material can be a hazardous waste unless it is a solid waste. As a result, management of federal lands has a significant impact on the overall environment. Specifically, I would like to recognize the assistance that the Forest Service is providing with regard to the ongoing investigation of the 7/20/2000 incident of vandalism and destruction that occurred at the U.S. Forestry Science Laboratory in Rhinelander, Wisconsin. The Attack on Frack: New York’s Moratorium on Hydraulic Fracturing and Where It Stands in the Threat of Takings, The Enduring Vitality of the General Mining Law of 1872, Designing Effective and Enforceable Catch Share Systems, The Atlantic Bluefin Tuna Challenge: Sustaining a High-Value Migratory Species in a Highly Impacted Ocean, Fisheries Law Enforcement: Status and Challenges, The History and Evolution of the National Marine Sancturaries Act, Magnuson-Stevens Fishery Conservation Act. B wins. Adverse possessor becomes the true owner and can exercise the right to exclude against the world, including the original owner. First Amendment concerns are paramount here. Law of Neighbors Nuisance: Problem of inconsistent land uses. Holding: Board’s decision, if it satisfies the Business Judgment Rule, IS competent evidence. Jared McIntrye stated that these acts were committed in sympathy of the ELF movement. As with most natural resource areas, states oversee the permitting and environmental impacts of most aspects of petroleum extraction from private lands. Owner Sovereignty, Right to Exclude, and its Limits Protecting the Right to Exclude Criminal Trespass: reinforces civil remedies; prevents property rules from converting to liability rules. Like wild animals, oil and gas, moves of its own volition; doesn’t respect boundaries. The FBI and our law enforcement partners have made a number of arrests of individuals alleged to have perpetrated acts of eco-terrorism. Interpretation Rules Default Rules Substantive Rules Contractual Remedies Use of K law doubted with increased complexities of landlord/tenant law (multi-unit dwellings, etc.) Wife contributed 76%. Only lives in being at the creation of the interest count. Each spouse has a right to possess the CP, but any alienation or encumbrance must have the consent of both spouses. Still important concepts in commercial leases.Contract Law – intent of parties Rules and responsibilities derived from contract law. 6 4 5 T h r e e T I C s ; o n e s u e s f o r b e i n g o b s t r u c t e d f r o m e x e r c i s i n g h e r r i g h t t o o c c u p y / u s e t h e l a n d , a n d a s k s f o r d a m a g e s a n d p a r t i t i o n . T h u s , h e c o u l d n t u s e t h e l a n d t o m a k e a n y p r o f i t a n d d i d n t h a v e a n y m o n e y t o p a y r e n t . C finds the bike. Costs of maintaining mansion very high (rental value less than maintenance; makes economic sense to build a high rise instead). By Creation Hot News: Quasi-Property Right INS v. AP (1918) p. 135 INS took published AP reports and republished the information as its own. Company not liable for trespass. Concurrence: Why would it be worse to allow the source to participate in this market once we allow the market to exist? the information necessary to complete and sign the hazardous waste manifest (which includes both DOT and RCRA shipping paper information) for the waste shipment. L i a b i l i t y b a c k e d b y a n i n j u n c t i o n . Adverse possession begins to run immediately, if A continues to use O’s property. Finder acted COMMENDABLY. Federal coal is leased under the Mineral Leasing Act, and the Secretary of the Interior has discretion to offer federal coal tracts for lease at competitive auction from “time to time.”, A permit is required in order to mine, process and load coal under the Surface Mine Control and Reclamation Act (SMCRA) of 1977. Maybe also a unilateral lease by one JT or a unilateral mortgage (below). Intel didn’t want its employment practices on trial. Varies according to the property’s purposes. Tenant has abandoned the premises. Puts affirmative burden of notification on the Landowner; right to exclude is subordinated by customary right to hunt. Modern common law favors TIC. Why not the wait-and-see approach? A wins. Donation contract and will state sperm will go to her; his adult children don’t want this to happen. Navigable Airspace Federal government has complete and exclusive national sovereignty in the air space; public right of freedom of transit in air commerce through navigable air space. Note on Adverse Possession: Once ouster has been established, adverse possession starts running for tenant in-possession against the tenant out-of-possession. Since 1977, when disaffected members of the ecological preservation group Greenpeace formed the Sea Shepherd Conservation Society and attacked commercial fishing operations by cutting drift nets, acts of "eco-terrorism" have occurred around the globe. Latest point at which vesting can occur = 2003 (24 years after creation of interest). Home has a very special place in property law; constructive possession of things inside a residence given to Homeowner. Tenant is only liable for full rent until moment LL accepts the surrender. The name of a group called the Coalition to Save the Preserves (CSP), surfaced in relation to a series of arsons that occurred in the Phoenix, Arizona, area. All pleaded guilty and were sentenced in September 1991. AP had no intent to abandon its rights to the news with respect to its competitors. S o l u t i o n : h e r e , w e h a v e a s t a t u t e . Either party can terminate at any time for any reason. Tenants went out of their way to agree that all violations occurred after the lease was entered into because of Brown precedent: “code violations existing at the time of the lease make the lease illegal.” Issue: whether housing code violations affect the tenant’s obligation to pay rent. (This requirement alone would cause tenants to lose on a constructive eviction claim). V e a l e n c i s ( 1 9 8 0 ) p . Law enforcement becomes involved when the volatile talk of these groups transgresses into unlawful action. Usually only used for short term, emergency situations (e.g. Reagan Demas is a principal in Baker McKenzie’s Washington, D.C., office, and a member of the firm’s North American Litigation and Government Enforcement Steering Committee. Too fact-specific to parties involved. Hinman v. Pacific Air Transport (1936) p. 9 [Slight Harm, Balancing Test, No liability] Airport next to Hinman’s land; planes cross 100 ft above his property. Finder paid a finder’s fee. Landowners sought to have covenant judicially enforced. (Recall other encroachment cases). We are no longer asking if it’s literally inhabitable (common law). Rule, not a standard. If it is theoretically possible for an interest arising under the grant to vest beyond the perpetuities period, then the clause creating that interest is INVALID. Speeches given by Jonathan Paul and Craig Rosebraugh at the 1998 National Animal Rights Conference held at the University of Oregon, promoted the unity of both the ELF and the ALF movements.

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