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Pace Law School Professor John R. Nolon Discovers
New Area of the Law:
Local Environmental Law
Article Published in Harvard Environmental Law
Review
Two Books to be published by Environmental Law
Institute
WHITE PLAINS, N.Y., August 26, 2002 – A recent article in The
Harvard Environmental Law Review, In Praise of
Parochialism: The Advent of Local Environmental Law documents Pace
University Law School Professor John R. Nolon’s discovery of a new
field of law, local environmental law.
Dean David Cohen said, "As the law evolves to meet the
changing needs of society, there are moments when something truly new
appears. Professor Nolon’s recent work, his just-published article,
and the comments on his work by distinguished professors from other
law schools indicate that he has truly discovered a new field of
law."
This new field of environmental law offers local municipalities a
means to combat urban sprawl, a geographic disease affecting most
local communities throughout the United States. Local environmental
law is also an effective means through which citizens and their
elected leaders can protect their water supplies, combat traffic
congestion and preserve their precious natural resources.
"Engaging citizens in the protection of assets critical to the
survival of their local environment allows them to connect what is
being built to what is natural and to understand the essential
separations needed between the two to ensure environmental
protection." Said Professor Nolon. "Recognizing the
importance of local governments in the process of environmental
protection allows citizens to become engaged directly in protecting
the quality of their lives and communities to become more active
partners with state and federal officials encouraging integration
rather than perpetuating the fragmentation of policy and
practice."
In 1999, while drafting a model law for the Metropolitan
Conservation Alliance, Professor Nolon noticed that some communities
in New York State were adopting local laws to protect their own
natural resources and environments. Professor Nolon and a group of
environmental law students scoured the nation for more examples of
local environmental law. As Professor Nolon and the students compiled
a national collection of ordinances, it became clear that numerous
local governments in other states had recently enacted local
environmental laws similar to those adopted in New York.
Through a seminar conducted in the fall of 2001, Pace Law School
students researched state law throughout the country to determine the
extent to which local governments are authorized to adopt local
environmental laws. Their conclusion was that state legislatures and
courts are finding a variety of creative ways for sustaining locally
adopted environmental laws and that this trend is gaining momentum but
is not widely recognized.
In the spring of 2001 Nolon began documenting his findings in a
series articles for the New York Law Journal. He later
co-authored an article with Pace student Kristen Kelley for The
New York Environmental Law Journal and then he authored
the article for The Harvard Environmental Review.
This fall, the Environmental Law Institute (ELI) will publish a
collection of papers and commentary, New Ground: The Advent of
Local Environmental Law, edited by Professor Nolon with
chapters authored by distinguished scholars and practitioners who
participated in a Pace sponsored symposium on the discovery held last
Spring. ELI will also publish a book for non-lawyers authored by
Professor Nolon, Open Ground: Effective Local Strategies for
Protecting Natural Resources.
In addition his full professorship and his role as director of the
Land Use Center at Pace, Professor Nolon teaches local environmental
law as a Visiting Professor of Environmental Law at the Yale School of
Forestry and Environmental Science. He received a Fulbright
Scholarship to develop a framework law for sustainable development in
Argentina in 1994. A collection of articles produced as a result of
this work appeared in a symposium edition of the Pace Environmental
Law Review. He has been designated several times as the recipient of
the Charles A. Frueauff Research Professorship and, with that support,
produced several law review articles and books on land use and
environmental law. Professor Nolon was selected by the Pace University
Law School faculty to receive the first annual Richard L. Ottinger
Faculty Achievement Award in1999. Professor Nolon served as a
consultant to President Carter's Council on Development Choices for
the 1980's, President Clinton's Council on Sustainable Development,
and as a member of Governor George Pataki's Transition Team.
The Land Use Center conducts seminars for local leaders and
legislators and trains them to address effectively the environmental
problems that affect their communities. The training program aims to
educate local representatives on the problems of sprawl and empower
them to find practical ways of achieving smart growth.
Founded in 1976, Pace Law School is located in White Plains, New
York, 20 miles north of New York City. The School offers the J.D.
program for full-time and part-time day and evening, students. Its
post-graduate program includes the LL.M. and S.J.D. degrees in
environmental Law and the LL.M. in Comparative Legal Studies. Pace has
one of the nation's top-rated environmental law programs and its
Clinical Education Program also is nationally ranked, offering clinics
in domestic violence prosecution, poverty law, environmental
litigation, securities arbitration, and disability law. Pace Law
School is part of Pace University, a comprehensive, independent and
diversified University with campuses in New York City and Westchester
County, and a Hudson Valley Center located at Stewart Airport in New
Windsor.
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