Podcast
Questions and Answers
What legal concept varies significantly across jurisdictions and influences the protection of nature?
What legal concept varies significantly across jurisdictions and influences the protection of nature?
- Legal standing (correct)
- Environmental regulations
- Individual rights
- Zoning laws
Which of the following best describes the legal interests of stakeholders regarding nature protection?
Which of the following best describes the legal interests of stakeholders regarding nature protection?
- Individual property rights and government claims (correct)
- Only claims from environmental organizations
- Group claims requiring unanimous consent
- Third-party interests without limitations
What is a common legal norm designed to protect neighbors from excess nuisances?
What is a common legal norm designed to protect neighbors from excess nuisances?
- Public nuisance laws
- Distance space requirements (correct)
- Property zoning regulations
- Fire safety codes
What do procedural participation rights allow neighbors to do in the context of zoning laws?
What do procedural participation rights allow neighbors to do in the context of zoning laws?
Which situation would be considered exempt from norms protecting neighbors?
Which situation would be considered exempt from norms protecting neighbors?
What is one of the main phases involved in developing a zoning plan?
What is one of the main phases involved in developing a zoning plan?
Which of the following describes the 'Upgrading an Area' special zoning type?
Which of the following describes the 'Upgrading an Area' special zoning type?
In zoning terms, what does the 'Footprint' of a building refer to?
In zoning terms, what does the 'Footprint' of a building refer to?
What is the primary use in the context of non-disturbing commerce?
What is the primary use in the context of non-disturbing commerce?
What happens during the promulgation of the Zoning Plan?
What happens during the promulgation of the Zoning Plan?
Which of the following is not a focus of Building, Zoning & Planning Law?
Which of the following is not a focus of Building, Zoning & Planning Law?
What is considered when assessing the degree of building or land use?
What is considered when assessing the degree of building or land use?
Which group is typically involved in the fact-finding phase of zoning?
Which group is typically involved in the fact-finding phase of zoning?
What is the primary focus of environmental law?
What is the primary focus of environmental law?
Which of the following is a form of supranational environmental law?
Which of the following is a form of supranational environmental law?
What is required for supranational and EU environmental laws to be effective?
What is required for supranational and EU environmental laws to be effective?
Which of the following is NOT generally included in environmental law?
Which of the following is NOT generally included in environmental law?
What type of laws influence environmental regulations at the local level?
What type of laws influence environmental regulations at the local level?
What is a significant change regarding the legal standing of nature in court?
What is a significant change regarding the legal standing of nature in court?
Which of the following is a focus area of emissions control under environmental law?
Which of the following is a focus area of emissions control under environmental law?
Which laws primarily influence waste management practices?
Which laws primarily influence waste management practices?
What is required when potential archaeological sites are identified during construction?
What is required when potential archaeological sites are identified during construction?
Which of the following is true regarding waste found during construction?
Which of the following is true regarding waste found during construction?
What does an 'Environmental Clause' in a Purchase Agreement typically address?
What does an 'Environmental Clause' in a Purchase Agreement typically address?
When should parties opt for an indemnity in a contract?
When should parties opt for an indemnity in a contract?
How do warranty and indemnity differ in a Purchase Agreement?
How do warranty and indemnity differ in a Purchase Agreement?
Which of the following factors is NOT considered a stakeholder in environmental law?
Which of the following factors is NOT considered a stakeholder in environmental law?
What role do 'green buildings' play in modern construction?
What role do 'green buildings' play in modern construction?
What can happen if monument protection applies to a construction site?
What can happen if monument protection applies to a construction site?
Which stakeholder is least likely to participate directly in an administrative proceeding?
Which stakeholder is least likely to participate directly in an administrative proceeding?
What is a common form of stakeholder participation when dealing with third-party objections?
What is a common form of stakeholder participation when dealing with third-party objections?
In terms of legal standing, which group is explicitly recognized as having the right to initiate legal action?
In terms of legal standing, which group is explicitly recognized as having the right to initiate legal action?
Which agency typically handles specific laws related to environmental concerns such as soil protection?
Which agency typically handles specific laws related to environmental concerns such as soil protection?
Which of the following options best describes stakeholder participation in direct democracy?
Which of the following options best describes stakeholder participation in direct democracy?
What element of legal action against laws typically faces longer deadlines?
What element of legal action against laws typically faces longer deadlines?
Which of the following entities is not likely to have legal standing to bring a lawsuit?
Which of the following entities is not likely to have legal standing to bring a lawsuit?
Which jurisdictional concept significantly varies across legal systems?
Which jurisdictional concept significantly varies across legal systems?
What is the main focus of zoning in planning law?
What is the main focus of zoning in planning law?
What does the Planning Waterfall emphasize in the decision-making process?
What does the Planning Waterfall emphasize in the decision-making process?
Which of the following is NOT a consideration in municipal planning?
Which of the following is NOT a consideration in municipal planning?
Which project would most likely fall under major-impact project planning?
Which project would most likely fall under major-impact project planning?
What type of planning includes neighborhood considerations?
What type of planning includes neighborhood considerations?
Which level of planning is characterized by centralized decision-making?
Which level of planning is characterized by centralized decision-making?
What is essential for regional planning decision-making?
What is essential for regional planning decision-making?
What is typically included in the basic zoning concepts during the promulgation decision?
What is typically included in the basic zoning concepts during the promulgation decision?
Which of the following is a geographic circumstance considered in planning?
Which of the following is a geographic circumstance considered in planning?
What is one characteristic of capital city planning?
What is one characteristic of capital city planning?
Flashcards
Environmental Law Sources
Environmental Law Sources
Environmental law comes from multiple sources including: international laws (like UN treaties), EU laws, and national laws. While some international laws are directly applicable, most require implementation through national laws.
EU Impact on Environmental Law
EU Impact on Environmental Law
EU laws heavily influence environmental law in European Union member states. Many environmental regulations originate from the EU, requiring national implementation and adaptation.
Transposition of EU Law
Transposition of EU Law
EU environmental laws need to be transposed, meaning they are adapted and implemented into national legal systems.
Anthropocentric Env. Law
Anthropocentric Env. Law
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Legal Standing in Env. Law
Legal Standing in Env. Law
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Developments in Nature's Legal Standing
Developments in Nature's Legal Standing
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Environmental Law's Scope
Environmental Law's Scope
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Non-Governmental Standards
Non-Governmental Standards
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Zoning
Zoning
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Land Structure Theory (for Zoning)
Land Structure Theory (for Zoning)
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Planned City Space
Planned City Space
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Un-Planned City Space
Un-Planned City Space
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Regional Planning
Regional Planning
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Fixed Planning
Fixed Planning
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Planning Considerations
Planning Considerations
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Major-Impact Project Planning
Major-Impact Project Planning
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Municipal Planning / Zoning Plans
Municipal Planning / Zoning Plans
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Planning Waterfall
Planning Waterfall
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Zoning Plan
Zoning Plan
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Fact-Finding Phase
Fact-Finding Phase
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Public Authorities
Public Authorities
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Residential Zoning
Residential Zoning
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Building Footprint
Building Footprint
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Building Borders
Building Borders
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Upgrading an Area
Upgrading an Area
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Restructuring an Area
Restructuring an Area
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Legal Standing of Nature
Legal Standing of Nature
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Third-Party Legal Rights
Third-Party Legal Rights
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Stakeholder Legal Interests
Stakeholder Legal Interests
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Zoning Protection for Neighbors
Zoning Protection for Neighbors
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Examples of Third-Party Protection
Examples of Third-Party Protection
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Monument Protection
Monument Protection
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Waste Disposal
Waste Disposal
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Energy Conservation Laws
Energy Conservation Laws
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Environmental Clause
Environmental Clause
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Warranty vs. Indemnity
Warranty vs. Indemnity
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Choosing Indemnity or Warranty
Choosing Indemnity or Warranty
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Stakeholders
Stakeholders
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Anthropocentric Environmental Law
Anthropocentric Environmental Law
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Dispensation
Dispensation
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Stakeholder Participation
Stakeholder Participation
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Legal Standing
Legal Standing
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Lawsuit against laws
Lawsuit against laws
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Building Permit
Building Permit
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Participation in administrative proceeding
Participation in administrative proceeding
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Direct democracy participation
Direct democracy participation
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Study Notes
Legal Frameworks
-
Introduction to Environmental and Planning Law
- Importance in real estate development:
- Basis for project permits
- Basis for claims against development
- Basis for stakeholder participation
- Importance in real estate development:
-
Basic Structures of the Law
- By geographical scope:
- Supranational law
- International law (ex. UN)
- International treaties (ex. Kyoto Protocol, WTO)
- EU law
- National law (constitution, laws, ordinances)
- Regional, local and municipal law
- By area of law:
- Civil law
- Labour/Employment law
- Tax law
- Criminal law
- Planning law
- Environmental law
- By geographical scope:
-
Sources of Law
- Legislative body (parliament, king, dictator)
- Government (executive) via international treaties, ordinances, decrees, and administrative rules
- Special agencies (executive) via ordinances, and administrative rules-Courts (judicial) as a source of law via interpretation
- Private entities such as standardization organizations.
Basic Structures of Environmental Law
- Environmental Law Combinations
- UN laws (Kyoto Protocol, Paris Accord)
- Hazardous substance laws
- Hazardous waste laws
- EU law (for EU member states)
- National laws
- Local laws
- Non-governmental standards (expert standards)
- Scope
- Emission control (air, noise, vibrations, radiation, pollution)
- Soil protection/contamination cleanup
- Waste (recycling, waste deposition, waste avoidance/sustainable product design)
- Water resources protection
- Hazardous materials laws
- Nature preservation law, nuclear law, genetic engineering law
- Climate change law
- Subject
- Environmental Law is anthropocentric (human-centred).
- Nature is generally not protected for its existence, but only if it relates to human activities
- Only humans and legal entities have legal standing in court.
- Nature generally does not have legal standing in court.
Introduction to Building, Zoning & Planning Law
-
Key Aspects:
- Where to build (zoning) - Theory of land structure (urban/rural)
- What to build (building types, zoning categories) - residential, commercial, industrial, special zoning
- How to build (permits, rules, compliance)
-
Planning considerations: Infrastructure, geographic circumstances, and neighborhood considerations.
-
Decision-Making Process - The Planning Waterfall
- Large-scale planning (national/state level)
- Regional planning (regional level)
- Municipal planning (local/democratic level)
-
Major-Impact Project Planning
- Airports, waste dumps, industrial facilities etc.
- Regional/local administrative decision-making
- Public participation/hearings
-
Municipal Planning/Zoning Plans
- Promulgation (with explanation/reasons)
- Fact-finding phase (public/authorities input)
- Re-working on planning
-
Special kinds of zoning:
- Restructuring an area (to improve its structure)
- Upgrading an Area (to rectify structural deficits)
-
The importance of Planning considerations:
-
Infrastructure aspects of urban areas (infrastructure such as streets/ public transit system, utilities, other public services)
-
Geographic circumstances such as risks around flood/geological risks and exposure to adverse neighbors (noise, smell, vibrations)
Introduction to Building, Zoning, and Planning Law
- Different types of municipal zoning: Residential, commercial, industrial, special zoning (e.g. large-scale retail).
- Degree of Building, land-structure (footprint, ratios of property area/ floor area of buildings)
- The role of Planning and building authorities in determining the degree of development.
The Building Permit
- Exceptions to permit requirements; de minimis, planning, integrated permit, and other exemptions.
Civil Property Rights and the Building Permit
- Property Rights (owning, leasing, neighbor implications)
- Who “owns” the permit implications of property transfer, corporate ownership changes, death.
- Permits 'go' with the land.
Building Permit Complications
- Inability to strictly fulfil all requirements.
- Need to incorporate (another) property in order to comply with building considerations.
- Project complexity requiring clarification before proceeding.
- Existing buildings lack building permits which requires re-applying for a building permit.
Public Law Liens
- Public law liens on property because of deviations from regulations.
- Permits go with the property.
Conceptual Building Permit
- Clarifying a specific matter(s) before permitting.
- Splitting a building permit into parts for specific phases.
Stakeholder Participation
- Participation during planning stages.
- Involvement of citizens, authorities, NGOs, and neighbours in planning processes.
- Various formal and informal methods of stakeholder participation, including lawsuits, administrative orders, and direct democracy.
Stakeholder Participation through Lawsuits
- Legal actions against laws, administrative orders
- Legal actions to enforce compliance
- Direct legal relationship between parties and agencies
Direct Democracy Participation
- Referendums, citizen votes to determine decisions relating to law and order matters on real estate projects.
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