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    • A Polymer Problem: How Plastic Production and Consumption is Polluting our Oceans
    • A Blooming Problem: How Florida Could Address the Causes and Effects of Red Tide
    • Carbon Tax and Low-Income Grant Proposal to Encourage Low-Income Investment in Solar Technologies
    • Finding the Match in the Haystack Before it Lights Up the West Again: A Call to Congress to Create a Wildfire Commission
    • Conduit For Peace in the Middle East: An Analysis of the Red Sea-Dead Sea Water Conveyance Project
    • Mitigating Greenhouse Gas Emissions in the Northeast and Mid-Atlantic Transportation A Cap-and-Invest Approach
    • Reinstating CERCLA as the “Polluter Pays” Statute with the Circuit Court’s Mutually Exclusive Approach
    • Opportunities to Address Climate Change in the Next Farm Bill
    • The Case for Cap-and-Trade: California’s Battle for Market-Based Environmentalism
    • MS4 Regulation and Water Quality Standards
    • The SB 32 Scoping Plan Update, Waivers, and ZEVs
    • Repurposing Ecolabels: Consumer Pressure as a Tool to Abate Human Rights Violations in International Fisheries
    • Navigating With an Ocean Liner: The Clean Water Rule, Trump’s Executive Order, and the Future of “Waters of the United States”
    • Funding Adaptation: Financing Resiliency Through Sea Level Derivatives
    • Endangered Species Act to the Rescue? Climate Change Mitigation and Adaptation Under the ESA
    • Enough Horsing Around
    • Climate Change Regulation Through Litigation: New York’s Investigation of ExxonMobil under the Martin Act
    • The Legislative History of the National Park Service’s Conservation and Non-impairment Mandate
    • Our Money is Safe, but the Planet Is Not: How the Carbon Bubble Will Cause Havoc for the Environment, but Not the Stock Market
    • The Importance of GIS in Emergency Management
    • Judging a Book by its Cover: The Tension between Evidentiary Gatekeeping and Compensatory Theories of Tort
    • Constitutions & the Environment: Comparative Approaches to Environmental Protection and the Struggle to Translate Rights into Enforcement
    • With Energy Law Federalism Under Construction, State Policymaking May Be Delayed
    • Pipelines, Protests and General Permits
    • An Ecology of Liberation: The Shifting Landscape of Environmental Law in an Era of Changing Environmental Values
    • Science and Deference: The “Best Available Science” Mandate Is a Fiction in the Ninth Circuit
    • WWII-Era Government Contractor Indemnification Clauses Come to the Fore in CERCLA Litigation as Other Grounds to Shift Costs to the Government Narrow
    • A Leading Cause of Everything: One Industry That Is Destroying Our Planet and Our Ability to Thrive on It
    • A PERFECT STORM FOR MICHIGAN’S RENEWABLE PORTFOLIO STANDARD?
    • Trying to Find a Balance: Agricultural Land Conservation vs. Development in the Green Mountain State
    • WHAT IS REASONABLE?: THE CONSIDERATION OF ECONOMIC EFFECTS IN REASONABLE AND PRUDENT ALTERNATIVES UNDER THE ENDANGERED SPECIES ACT
    • Is CITES Endangered?
    • From Kyoto To Paris: How Bottom-Up Regulation Could Revitalize the UNFCCC
    • EPA Unveils Final Clean Power Plan: So What’s All the Fuss About?
    • From the Well Up: A California County Confronts Fracking at the Polls
    • La Vie en Vert
    • ADMINISTRATIVE NECESSITY: ORIGIN AND APPLICATION TO THE EPA TAILORING RULE
    • GETTING TO THE ROOT OF ENVIRONMENTAL INJUSTICE
    • Clean Power Planning: Unlike with Obamacare, States are Preparing for Clean Power Plan Compliance Even as they Fight it in the Courts
    • What the Supreme Court’s Stay of the Clean Power Plan Means for the EPA’s Greenhouse Gas Regulation Moving Forward
    • BioTransport Moving Wildlife in Response to Climate Change
    • Plugging the Regulatory Holes: How to Prevent the Next Aliso Canyon Catastrophe
    • Scalia’s Swan Song: The “Irreconcilability Canon” Resolves the Clean Air Act’s Section 111(d) Drafting Error and Encourages Good Lawmaking
    • Implementing Supplemental Environmental Project Policies to Promote Restorative Justice
    • RISING SEAS IN THE HOLY CITY: PRESERVING HISTORIC CHARLESTON IN THE FACE OF GLOBAL CLIMATE CHANGE
    • IT IS TIME FOR OREGON TO DEFINE ITS PUBLIC TRUST DUTIES
    • ADAPTING THE PARIS AGREEMENT
    • Ethical Convergence and the Endangered Species Act
    • A Primer on Rails-to-Trails Conversions in the Eastern U.S.
  • Podcast

Vermont Journal of Environmental Law

Volume 9 (2007-2008)

Mitigating Misery: Land Use and Protection of Property Rights Before the Next Big Flood

Edward A. Thomas, Sam Riley Medlock

Mitigating Misery: Land Use and Protection of Property Rights Before the Next Big FloodMitigating Misery: Land Use and Protection of Property Rights Before the Next Big Flood
  • Publications
    • Current Volume
    • Previous Volumes
    • Searchable by Topic
    • Archives
      • Essay Contest
      • Books
  • EcoPerspectives Blog
    • About EcoPerspectives
    • EcoPerspectives Blog
    • Environmental Law Review Syndicate
  • Top Ten
    • Current Watch List
    • Top 10 List Archives
  • Events
    • Bridging the Gap: Reconciling Agriculture with Environmentalism
    • Fall 2018 Symposium
    • Fall 2017 Symposium
    • Fall 2016 Symposium
      • The Endangered Species Act: Putting the Bite Back in the Law
    • Fall 2015 Symposium
    • Fall 2014 Symposium
    • Fall 2013 Symposium
    • Spring 2013 Symposium
    • Open House
  • Staff & Alumni
    • Editorial Board & Staff
    • Alumni
  • Submissions
    • How to Submit an Article
    • Selection Process
    • Editing Process
    • Writing Competition
  • ELR Syndicate
    • A Polymer Problem: How Plastic Production and Consumption is Polluting our Oceans
    • A Blooming Problem: How Florida Could Address the Causes and Effects of Red Tide
    • Carbon Tax and Low-Income Grant Proposal to Encourage Low-Income Investment in Solar Technologies
    • Finding the Match in the Haystack Before it Lights Up the West Again: A Call to Congress to Create a Wildfire Commission
    • Conduit For Peace in the Middle East: An Analysis of the Red Sea-Dead Sea Water Conveyance Project
    • Mitigating Greenhouse Gas Emissions in the Northeast and Mid-Atlantic Transportation A Cap-and-Invest Approach
    • Reinstating CERCLA as the “Polluter Pays” Statute with the Circuit Court’s Mutually Exclusive Approach
    • Opportunities to Address Climate Change in the Next Farm Bill
    • The Case for Cap-and-Trade: California’s Battle for Market-Based Environmentalism
    • MS4 Regulation and Water Quality Standards
    • The SB 32 Scoping Plan Update, Waivers, and ZEVs
    • Repurposing Ecolabels: Consumer Pressure as a Tool to Abate Human Rights Violations in International Fisheries
    • Navigating With an Ocean Liner: The Clean Water Rule, Trump’s Executive Order, and the Future of “Waters of the United States”
    • Funding Adaptation: Financing Resiliency Through Sea Level Derivatives
    • Endangered Species Act to the Rescue? Climate Change Mitigation and Adaptation Under the ESA
    • Enough Horsing Around
    • Climate Change Regulation Through Litigation: New York’s Investigation of ExxonMobil under the Martin Act
    • The Legislative History of the National Park Service’s Conservation and Non-impairment Mandate
    • Our Money is Safe, but the Planet Is Not: How the Carbon Bubble Will Cause Havoc for the Environment, but Not the Stock Market
    • The Importance of GIS in Emergency Management
    • Judging a Book by its Cover: The Tension between Evidentiary Gatekeeping and Compensatory Theories of Tort
    • Constitutions & the Environment: Comparative Approaches to Environmental Protection and the Struggle to Translate Rights into Enforcement
    • With Energy Law Federalism Under Construction, State Policymaking May Be Delayed
    • Pipelines, Protests and General Permits
    • An Ecology of Liberation: The Shifting Landscape of Environmental Law in an Era of Changing Environmental Values
    • Science and Deference: The “Best Available Science” Mandate Is a Fiction in the Ninth Circuit
    • WWII-Era Government Contractor Indemnification Clauses Come to the Fore in CERCLA Litigation as Other Grounds to Shift Costs to the Government Narrow
    • A Leading Cause of Everything: One Industry That Is Destroying Our Planet and Our Ability to Thrive on It
    • A PERFECT STORM FOR MICHIGAN’S RENEWABLE PORTFOLIO STANDARD?
    • Trying to Find a Balance: Agricultural Land Conservation vs. Development in the Green Mountain State
    • WHAT IS REASONABLE?: THE CONSIDERATION OF ECONOMIC EFFECTS IN REASONABLE AND PRUDENT ALTERNATIVES UNDER THE ENDANGERED SPECIES ACT
    • Is CITES Endangered?
    • From Kyoto To Paris: How Bottom-Up Regulation Could Revitalize the UNFCCC
    • EPA Unveils Final Clean Power Plan: So What’s All the Fuss About?
    • From the Well Up: A California County Confronts Fracking at the Polls
    • La Vie en Vert
    • ADMINISTRATIVE NECESSITY: ORIGIN AND APPLICATION TO THE EPA TAILORING RULE
    • GETTING TO THE ROOT OF ENVIRONMENTAL INJUSTICE
    • Clean Power Planning: Unlike with Obamacare, States are Preparing for Clean Power Plan Compliance Even as they Fight it in the Courts
    • What the Supreme Court’s Stay of the Clean Power Plan Means for the EPA’s Greenhouse Gas Regulation Moving Forward
    • BioTransport Moving Wildlife in Response to Climate Change
    • Plugging the Regulatory Holes: How to Prevent the Next Aliso Canyon Catastrophe
    • Scalia’s Swan Song: The “Irreconcilability Canon” Resolves the Clean Air Act’s Section 111(d) Drafting Error and Encourages Good Lawmaking
    • Implementing Supplemental Environmental Project Policies to Promote Restorative Justice
    • RISING SEAS IN THE HOLY CITY: PRESERVING HISTORIC CHARLESTON IN THE FACE OF GLOBAL CLIMATE CHANGE
    • IT IS TIME FOR OREGON TO DEFINE ITS PUBLIC TRUST DUTIES
    • ADAPTING THE PARIS AGREEMENT
    • Ethical Convergence and the Endangered Species Act
    • A Primer on Rails-to-Trails Conversions in the Eastern U.S.
  • Podcast

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