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Environmental Law and Sustainability

Texts and Treatises

American Law of Zoning (Patricia E. Salkin, current) (Westlaw password required)
This treatise explains governments’ authority to implement land-use plans, introduces the typical officials involved in these decisions, and explains the law of zoning and variances, as well as property principles such as eminent domain and takings law. It also includes in-depth discussions of emerging issues such as marijuana cultivation and zoning for an aging population.

A Research Agenda for U.S. Land Use and Planning Law (John J. Infranca & Sarah Schindler, 2023)
This book in the Elgar Research Agenda series navigates central themes including the structure of land use regulation, the relationship between zoning and planning, and the role of different levels of government and administrative agencies. Chapters rigorously examine topics like housing, historic preservation, sustainability and climate change, transportation, declining cities, residential segregation, and the relationship between private and public land use controls. 

Examples and Explanations: Property (Barlow Burke & Joseph Snoe, 2019)
This study aid includes a section on Public Land Use Control, including variances, conditional zoning, planned developments, aesthetic regulation, and takings. It is also available on Aspen Learning Library (available on campus or with an ASU Aspen Learning Library account).

Land Use Law in a Nutshell (Jennie C. Nolon & Patricia E. Salkin, 2021, available on campus or with an ASU West Academic account)
This study aid traces the origins of the idea of separating incompatible land uses in communities, and summarizes the planning process, zoning districts, and the constitutional limits of regulations, as well as issues involving urban development, local environmental laws, and historic preservation. 

Land Use Planning and Development Regulation Law (Julian Conrad Juergensmeyer et. al, 2018, available on campus or with an ASU West Academic account)
This hornbook covers the key topics in land-use regulation, such as how to obtain or resist development permission, exclusionary law, planned unit development, and management of growth.

Transportation, Land Use, and Environmental Planning (Elizabeth Deakin ed., 2020)
This work examines how increased integration of transportation, land use, and environmental planning policies can benefit society. 

Urban Transportation Planning in the United States: History, Policy, and Practice (Edward Weiner, 2016)
This book traces the development of the legal framework for transportation infrastructure and analyzes current needs including sustainability, expanding democratic control, resource constraints, and funding.

Zoning and Land Use Controls (Patrick J. Rohan & Eric Damian Kelly, 2023) (Lexis password required)
This treatise contains an overview of general land use issues and explores trends in regulations at the local level. It also examines environmental regulations and land use control at the federal and state levels.

Journal of Comparative Urban Law and Policy
This Georgia State University analyzes the law in the United States and foreign countries concerning issues such as urban planning, historic preservation, and open space preservation. It is also available on HeinOnline (available on campus or remotely with ASURITE).

Journal of Land Use & Environmental Law
This journal features commentary on regulations and private property takings as well as natural resources management and agriculture from the Florida State University College of Law (available on campus or remotely with ASURITE). Some issues can also be found on the journal's website.

Journal of Transport and Land Use
The Journal of Transport and Land Use publishes original interdisciplinary papers on the interaction of transport and land use and examines challenges and potential for sustainable reforms in transportation systems worldwide.

Land Use Policy
This international and interdisciplinary journal is concerned with the social, economic, political, legal, physical, and planning aspects of urban and rural land use.  All articles are available on campus or remotely with ASURITE. Some open-access articles are available without a subscription or account. 

The Urban Lawyer
This American Bar Association journal includes commentary on legal issues such as urban zoning codes, eminent domain, and takings, as well as related issues such as public health crises, school districts, and voting districts (available on campus or remotely with ASURITE).

Arizona Resources

Arizona Land Use Law (Douglas A. Jorden & Frank J. Cassidy, 2021)
This reference book provides background information and discusses the delegated authority to municipalities and counties to make land-use decisions, as well as the state’s preemption authority. It also details land-use plans, zoning ordinances, interpretation of regulations, nonconforming uses, and judicial oversight.

Arizona Revised Statutes: Title 9 – Cities and Towns
These statutes govern land use planning in Arizona, including specialized facilities and general zoning.

Arizona Revised Statutes: Title 37 – Public Lands
These statutes govern use of public lands and urban development in Arizona.

Arizona State Historic Preservation Office
This office identifies and evaluates historic buildings and archaeological sites, compiles historic preservation plans, and consults with agencies to ensure compliance with land use laws such as the National Historic Preservation Act and the State Historic Preservation Act.

Maricopa Association of Governments
The Maricopa Association of Governments provides mapping and analysis of land use and housing data.

Maricopa County: Land Use, Subdivision, and Planning Applications
This site contains information and permit applications relating to countywide land use planning.

Maricopa County Planning & Zoning Commission
The commission advises the Board of Supervisors on major land use concerns and approves some plats and applications. It holds open meetings twice monthly.

Maricopa County Zoning Ordinance
The Maricopa County Zoning Ordinance is designed to promote the public health, peace, safety, comfort, convenience, and general welfare of the residents of Maricopa County; to guide, control and regulate future growth and development in order to promote orderly and appropriate use of land in the entire unincorporated area of the county; and to protect the character and the stability of residential, business and industrial areas of the county.

Phoenix Planning & Development Department
The Planning and Development Department guides the physical development of the city by preserving historic sites, planning what can be built where, and ensuring safe construction of buildings and infrastructure. This site compiles rules, technical documents, notices of meetings, and information about organizations that shape the city’s land use policies.

Phoenix Planning and Development Department: Zoning Maps
This page contains local zoning information including Phoenix’s general plan and the villages into which the city is divided. This page provides documents helping landowners rezone their property. This page includes further information on city zoning, mass transit, and walkability.

Web Resources and Blogs

American Planning Association
This professional organization for planners includes information in its Knowledge Center, including publications, a blog, a podcast, and in-depth discussions of issues such as climate change, disaster recovery, and infrastructure.

CLEAR: Center for Land Use Education and Research
This resource from the University of Connecticut provides news on land use and environmental concerns including a blog and webinars.

Environmental Law Institute: Land & Biodiversity Program
The Environmental Law Institute's Land & Biodiversity Program features information about sustainable land use, invasive species, ecosystems, and biodiversity conservation. This site includes links to relevant seminars and publications.

U.S. Department of Housing and Urban Development (HUD)
The federal Department of Housing and Urban Development's website includes news updates, a podcast, and information on topics such as housing discrimination, sustainability, and economic development.

Land Portal
The Land Portal Foundation was established to create, curate and disseminate land governance information. It gathers materials from a variety of blogs to “build an information ecosystem” to improve land use policy.

Land Use Law
Prof. Daniel R. Mandelker operates this site affiliated with the Washington University in St. Louis School of Law and gathers the law of land use, including statutes, ordinances, plans, and court cases.

Land Use Prof Blog
This blog, to which law professors from around the country contribute, presents news updates and commentary on zoning along with notices of upcoming events.

Law of the Land: A Blog on Land Use Law and Zoning
This blog, maintained by Touro College Law Center and Professor Patricia Salkin, includes news and commentary on land-use developments around the country.

Lincoln Institute of Land Policy
This blog is maintained by a non-profit organization and provides publications, summaries, and data regarding challenges in land use and urban planning, such as infrastructure maintenance and development and climate change resilience.

Practical Law: Regulations & Zoning (Westlaw password required)
Westlaw provides practice notes, standard forms and clauses, and checklists to assist land use law practitioners.

Urban Land Institute
This professional network concerning real estate development and land use covers the Americas, Europe, and Asia Pacific. Its website provides case studies and data on topics such as infrastructure and transit.

U.S. Department of Agriculture (USDA): Rural Development
This USDA website compiles news releases, environmental studies, and regulations, and details services such as assistance with homebuilding and infrastructure development. It also cooperates with local and state governments through the National Rural Development Partnership to identify and address the needs of rural areas.