Ethical Land Use

"That land is a community is the basic concept of ecology," wrote Aldo Leopold in 1933, "but that land is to be loved and respected is an extension of ethics." Since then, every generation has taken up Leopold's search for a "land ethic" to guide decision making which would balance economic considerations with concerns for beauty, sustainability and quality of life. Should a community preserve or develop the remaining wetlands within its jurisdiction? Should a local government allow low-income housing to be built in an affluent neighborhood? Does a farmer continue farming despite surrounding urbanization or does he sell the land for a profit and allow further development? Ethical Land Use is the first comprehensive examination of the eithical dimensions of land-use decisions and policy. Its premise is that all land-use decisions—whether to build an interstate highway or maintain a suburban lawn with chemical fertilizers—invariably involve ethical choices. Historically Beatley observes, many such decisions were made on narrow legal, technical, or economic grounds rather than on a full consideration of their complex ethical and moral dimensions. Drawing on a combination of actual land-use conflicts and hypothetical scenarios, Beatley offers a full description and analysis of the difficult issues faced by policy makers as well as individual citizens. He concludes by proposing a practical set of principles for ethical land use to guide future policy and planning

Aldo Leopold's classic work A Sand County Almanac is widely regarded as one of the most influential conservation books of all time. In it, Leopold sets forth an eloquent plea for the development of a "land ethic" -- a belief that humans have a duty to interact with the soils, waters, plants, and animals that collectively comprise "the land" in ways that ensure their well-being and survival. For the Health of the Land, a new collection of rare and previously unpublished essays by Leopold, builds on that vision of ethical land use and develops the concept of "land health" and the practical measures landowners can take to sustain it. The writings are vintage Leopold -- clear, sensible, and provocative, sometimes humorous, often lyrical, and always inspiring. Joining them together are a wisdom and a passion that transcend the time and place of the author's life. The book offers a series of forty short pieces, arranged in seasonal "almanac" form, along with longer essays, arranged chronologically, which show the development of Leopold's approach to managing private lands for conservation ends. The final essay is a never before published work, left in pencil draft at his death, which proposes the concept of land health as an organizing principle for conservation. Also featured is an introduction by noted Leopold scholars J. Baird Callicott and Eric T. Freyfogle that provides a brief biography of Leopold and places the essays in the context of his life and work, and an afterword by conservation biologist Stanley A. Temple that comments on Leopold's ideas from the perspective of modern wildlife management. The book's conservation message and practical ideas are as relevant today as they were when first written over fifty years ago. For the Health of the Land represents a stunning new addition to the literary legacy of Aldo Leopold.

First published in 1949 and praised in The New York Times Book Review as "full of beauty and vigor and bite," A Sand County Almanac combines some of the finest nature writing since Thoreau with a call for changing our understanding of land management.

In this book, two leading scholars, a political scientist and an ethical philosopher, outline a new national policy for land use, and provide the legal, political, and ethical justifications for their proposed policies.

Restoring the health of the land is indispensable not only because it is the ground of our sustenance and survival, but also land has in itself the inherent worth. This book challenges humanity's indulgence, and activities of development, science and technology, and insists for human responsibility and moral duties towards the land, the sustaining mother earth, which is abused, ransacked of its wealth, and ignored of its intrinsic value. The study attempts to bring together perspectives and values that are important for preserving the rights of the land, and proposes the contour of a land ethic.

What right do humans have to claim sovereignty over the land, to build fences and set boundaries when nature itself recognizes no such boundaries? Is there hope for a new land ethic that is less destructive toward the land, that views nature as something to be valued and nurtured rather than exploited and "developed"?One of the main challenges of contemporary environmentalism is to find a lasting, more ethical way for people to live on the planet. In Bounded People, Boundless Lands, legal scholar Eric T. Freyfogle asks a series of pointed and challenging questions about the human quest for ecological harmony. Deftly interweaving moral and ethical considerations with case studies and real-life situations, Freyfogle provides a deep philosophical examination of personal responsibility and the dominion of human beings over the earth. He raises provocative questions about private property rights, responsible land ownership, the rights of wildlife, and ecological health. Although the questions that Freyfogle asks are not new, they are presented in the context of contemporary events, often connected to legal cases, which allows him to bring age-old issues up to date, and to make direct connections between abstract concepts and our own lives.Throughout, Freyfogle questions the way human beings envision the land, thinking they can claim nature as their own, and criticizes market approaches to valuing and using nature. As an introduction to land ethics, but one that embraces environmental, legal, and philosophical arguments, Bounded People, Boundless Lands is a unique contribution to the environmental literature.

This dynamic casebook focuses on the role of the lawyer in land use regulatory matters And The factors that influence land development decisions. it emphasizes the modern practice of land use law and cutting-edge issues. Revised and updated to reflect the many new developments in the law, Land Use Regulation: Cases and Materials, Second Edition, Is equally well suited for courses in land use and land development. When you examine this concise casebook, be sure to notice its: Five-part structure, providing a frame of reference for understanding the various issues that arise in land use matters. Plentiful materials -- news articles, law review articles, essays, and other materials - to enrich teaching and illustrate the rapid change in the field. Emphasis on the most current material and recent cases to convey the dynamic context of land use law. Examination of the relative contributions of law, local government discretion and politics in the process that decides local land use questions. Focus on third-party rights in land development, such as the roles played by neighbors, citizen groups, business groups, and housing advocates. Exploration of ethical issues that arise in land use as viewed from the perspectives of both lawyers and society. Clear and practical explanations of the lawyer's role. Comprehensive Teacher's Manual, enhanced by the addition of a Transition Guide For The Second Edition, The authors have refined and improved their casebook by incorporating: deeper coverage of takings developments, including the most recent cases (such as Palazzolo and Tahoe) And The academic debate over the origins and reach of takings law. New cases of First Amendment protections: City of Los Angeles v. Alameda Books, The Florida 'voyeur dorm' case on the regulation of adult businesses, and cases under state and local legislation protecting religious institutions. New information on the economics of land use. A summary of the Playa Vista Project, a large-scale land use project that illustrates most aspects of land use regulation and that can be used as an introduction To The field. A completely updated section on smart growth, sprawl, and sustainable development. Expanded coverage of private law instruments, such as development agreements. New materials on annexations and redevelopment law. Cases chosen for their teaching value. Land Use Regulation: Cases and Materials, Second Edition, Is an excellent vehicle for giving students a realistic look at the modern practice of land use law.

This book brings together over thirty leading contributions to environmental ethics, from pioneering papers to recent work at the cutting edge of thought in this field. The introduction links together these articles and also appraises their strengths and weaknesses and presents a distinctive overview of the subject.

Originally published in 2004. Examining the successes and failures of three decades of environmental law, this absorbing book reconsiders some of the policies devised to remedy centuries of abuse of the planet. It acknowledges the advances made using technological standards to effect pollution control as well as rudimentary systems that regulate use of land at the local level. However, as the author observes, these systems have limitations in solving vexing problems such as sprawl and non-point source pollution, as the cost of their use can easily outweigh the benefits. He suggests a system, termed 'Green Wood in the Bundle of Sticks', that provides the necessary theoretical and historical bases to bridge the gap between the potentials of each system. Using objective criteria based on science, this system is tied to a land ownership system that also takes into account societal concerns at a broader level.