John R. Nolon

General

John R. Nolon is the James D. Hopkins Professor of Law at Pace University School of Law where he teaches property, land use, and the lawyer’s role in green development and is Counsel to the Law School's Land Use Law Center and Real Estate Law Institute. He also directs the Kheel Center on the Resolution of Environmental Interest Disputes and is Visiting Professor at the Yale School of Forestry and Environmental Studies.

Education and Distinguished Service

Professor Nolon served as the Charles A. Frueauff Research Professor of Law during the 1991-92, 1997-98, 1999-2000, and 2000-01 academic years. He received the Richard L. Ottinger Faculty Achievement Award in 1999 and won the Goettel Prize for faculty scholarship in 2006. In 2009, he was awarded the National Leadership Award for a Planning Advocate by the American Planning Association and appointed James A. Hopkins Professor of Law.

Professor Nolon received his JD degree from the University of Michigan Law School where he was a member of the Barrister's Academic Honor Society. His undergraduate degree is from the University of Nebraska, where he was President of the Senior Honor Society. He has served as a consultant to President Carter's Council on Development Choices for the 1980's, President Clinton's Council on Sustainable Development, New York Governor George Pataki's Transition Team, and Governor Elliot Spitzer’s Transition Team. Professor Nolon has served as Visiting Professor of Environmental Law at the Yale School of Forestry and Environmental Studies since 2001. He served on the Editorial Advisory Board of the National Housing and Development Reporter and is a member of the Editorial Board of THE LAND USE AND ENVIRONMENTAL LAW REVIEW, published by Thomson-West. He is a member of the Executive Committee of the Real Property Law Section of the New York State Bar Association and served on the Association’s Eminent Domain Task Force.

Scholarship

Professor Nolon is co-author of the nation's oldest casebook on land use law: Land Use: Cases and Materials, by Morton Gitelman, John R. Nolon, and Patricia E. Salkin. He is coauthor of Thomson-West’s Land Use in a Nutshell. Professor Nolon's article entitled "The Advent of Local Environmental Law," published in the Harvard Environmental Law Review, was selected by Thompson-West's Land Use and Environmental Law Review as one of the ten best articles on environmental and land use law published in 2002. Professor Nolon's article on the origins of smart growth, published in The Urban Lawyer, was also selected as one of the top ten articles in the nation on the topics of environmental and land use law in 2003. His article “Champions of Change: Reinventing Democracy Through Land Law Reform,” published by the Harvard Environmental Law Review, won the Goettel Prize for faculty scholarship for 2006 at Pace University School of Law.

Professor Nolon received a Fulbright Scholarship to develop a framework law for sustainable development in Argentina where he worked from 1994 through 1996. A collection of articles produced as a result of this work appeared in a symposium edition of the Pace Environmental Law Review. An anthology of seven of his articles was published in 2006 as a special issue of the Pace Environmental Law Review. Four of his 16 books have been published by the Environmental Law Institute on the topics of land use law, open space protection, local environmental law, and the mitigation of damage caused by natural disasters. In addition to his three dozen law review articles, he has published nearly 50 articles in the New York Law Journal, writes a column for the Real Estate Law Journal, and is a frequent author of articles in other practice and academic journals. His current research interest is the management of climate change through sustainable development law.
 


Courses Taught by Professor Nolon:

 

Professor
 John R. Nolon

James D. Hopkins Professor of Law, Counsel and Faculty Liaison, Land Use Law Center and Real Estate Law Institute; Director of the Kheel Center on the Resolution of Environmental Interest Disputes
BA, University of Nebraska
JD, University of Michigan Law School

Contact:
jnolon@law.pace.edu
(914) 422-4090
Office: 31 Crane

Assistant:
Ann Marie McCoy
(914) 422-4262
Office: 31 Crane

Office Hours:
Contact professor directly to schedule an appointment

Links:
     CV
   • SSRN
  

 

Publications by Professor Nolon:

Books Land Use and Sustainable Development: Cases and Materials, with Patricia with Patricia E. Salkin (Thomson-West, forthcoming 2010).
  Climate Change and Sustainable Development Law in a Nutshell, with Patricia E. Salkin (Thomson-West, forthcoming 2010).
  Teachers’ Manual to Accompany Land Use and Community Development: Cases and Materials, with Patricia E. Salkin (Thomson-West, 7th ed. 2008).
  Land Use and Community Development: Cases and Materials, with Patricia E. Salkin, and Morton Gitleman (Thomson-West, 7th ed. 2007).
Land Use Law for Sustainable Development (John R. Nolon, et al. eds., 2006).
Nation on Edge: Losing Ground, John R. Nolon and Daniel B. Rodriguez, co-editors (Environmental Law Institute, 2006).
Land Use in a Nutshell, John R. Nolon and Patricia E. Salkin (Thompson-West, 2006).
Comparative Land Use Law and Sustainable Development, John R. Nolon, co-editor (Cambridge University Press, 2006).
Compendium of Land Use Law and Sustainable Development: Supplement of Statutes, Conventions, and Ordinances, John  R. Nolon, editor (Cambridge University Press, 2006).
Land Use: Cases and Materials, with Morton Gitelman, Patricia Salkin, and Robert R. Wright, 6th ed. 2003.

New Ground: The Advent of Local Environmental Law, Editor, 400 pp., Environmental Law Institute, 2002.

Open Ground: Effective Local Strategies for Protecting Natural Resources, 450 pp., Environmental Law Institute, 2002.
Cases and Materials on Land Use Law, Third Edition, Pace University School of Law, 700 pp., 2002.
Well Grounded: Using Local and Land Use Authority to Achieve Smart Growth, Environmental Law Institute, August, 2001.
Deskbook for Lawyers and Planners, Pace University School of Law, 1998 (with Mary E. Mohnach and Kathryn Ryan).
Primer for Local Officials and Citizens: Local Land Use Law and Practice, Pace University School of Law 1998
Common Walls/Private Homes: Multiresidential Design. With Duo Dickinson. New York: McGraw-Hill, 1990.
   
Law Review Articles "The Land Use Stabilization Wedge Strategy: Shifting Ground to Mitigate Climate Change," 34, William & Mary Environmental Law Policy Review (forthcoming Dec. 2009).
"Walton County v. Stop the Beach Renourishment, Inc.: Rising Tides-Changing Title," 37 Real Estate Law Journal (forthcoming December 2009) (with Kristen Grzan).
"Changing Time-Changing Practice: New Roles for Lawyers in Resolving Complex Land Use and Environmental Disputes,"Pace Environmental Law Review (forthcoming December 2009) (with Jessica Bacher).
"Climate Change and Sustainable Development: The Quest for Green Communities, Part II," 11 Planning and Environmental Law (forthcoming November 2009).
"Climate Change and Sustainable Development: The Quest for Green Communities, Part I," 10 Planning and Environmental Law (2009).
"The Role of Lawyers in Resolving Environmental Disputes," 37 Real Estate Law Journal 200 (Winter 200) (with Jessica Bacher).
"Shifting Ground to Address Climate Change: The Land Use Law Solution," Government, Law and Policy Journal Vol. 10, No. 1 (Summer 2008), at 23.
"Reinventing Redevelopment Law," 37 Real Estate Law Journal 211 (2007) (with Jessica Bacher).
"Breaking Ground Planning and Building in Priority Growth Districts," 37 Real Estate Law Journal 90 (Summer 2008) (with Jessica Bacher).
"Climate Change, Zoning and Transportation Planning," 37 Real Estate Law Journal 211 (2007) (with Jessica Bacher).
"Creating a Local Environmental Law Program: Building a National Framework of Laws," 36 Real Estate Law Journal 351 (2007) (with Jessica Bacher).
"Climate Change, Zoning and Transportation Planning: Urbanization as a Response to Carbon Loading," 36 Real Estate Law Journal 73 (Fall 2007) (with Jessica A. Bacher).
"Zoning, Transportation, and Climate Change," New York Zoning Law and Practice Report Vol. 8, No. 2 (2007).
"Local Inclusionary Housing Programs: Meeting Housing Needs," 73 Real Estate Law Journal (Summer 2007) (with Jessica A. Bacher).
"Disaster Mitigation Through Land Use Strategies, ELR News & Analysis," 37 Environmental Law Reporter 10681 (2007).
"Katrina's Lament: Reconstructing Federalism," 23 Pace Environmental Law Review 987 (2006).
"The Mighty Myths of Kelo," 8, Law and Policy Journal (2006).

"Champions of Change: Reinventing Democracy Through Land Law Reform," 30 Harvard Environmental Law Review (Feb. 2006). 

"Comparative Land Use Law: Patterns of Sustainability,"  37 Urban Lawyer (Fall 2005).
"Successful Community Strategies to Protect Open Space," 33 Environmental Law Reporter's News and Analysis 10537 (July 2003).
"Golden and Its Emanations: The Surprising Origins of Smart Growth,"   The Urban Lawyer, Vol. 35, No. 1(Winter 2003).
"In Praise of Parochialism: The Advent of Local Environmental Law,"  26 Harvard Environmental Law Review 363 (2002).
"Grassroots Regionalism through Intermunicipal Land Use Compacts,"  73 St. John's Law Review 1011 (1999)
"Takings and Property Rights Legislation,"  2 Albany Law Environmental Outlook 61 (1996).
"National Land Use Policy Act." (Seminar on the Law of Sustainable Development - United States)  13 Pace Environmental Law Review 519 (1996).
"Introduction," (Seminar on the Law of Sustainable Development-United States)  13 Pace Environmental Law Review 503 (1996).

"Fusing Economic and Environmental Policy: The Need for Framework Laws in the United States and Argentina,"  13 Pace Environmental Law Review 685 (1996).
"Introduction" (Land Use Law Reform Symposium) , 13 Pace Law Review 315 (1993).
"Comprehensive Land Use Planning: Learning How and Where to Grow," (Land Use and Law Symposium)  13 Pace Law Review 351 (1993).
"The Erosion of Home Rule through the Emergence of State Interests in Land Use Control,"  10 Pace Environmental Law Review 497 (1993).
"Private Property Investment, Lucas, and the Fairness Doctrine," (Lucas v. South Carolina Coastal Council: Colloquium)  10 Pace Environmental Law Review 43 (1992).
"Footprints in the Shifting Sands of the Isle of Palms: A Practical Analysis of Regulatory Takings Cases,"  8 Journal of Land Use and Environmental Law 1 (1992).
"Toward a Housing Imperative and Other Reflections on Balanced Growth and Development,"  7 Pace Environmental Law Review 319 (1990).
"Expanding Traditional Land Use Authority through Environmental Legislation: The Regulation of Affordable Housing,"  2 Hofstra Property Law Journal 1 (1990).
"Shattering the Myth of Municipal Impotence: The Authority of Local Government to Create Affordable Housing,"  17 Fordham Urban Law Journal 383 (1989).
"A Comparative Analysis of New Jersey's Mount Laurel Cases with the Berenson Cases in New York,"  4 Pace Environmental Law Review 3 (1986).
"Reexamining Federal Housing Programs in a Time of Fiscal Austerity: The Trend toward Block Grants and Housing Allowances,"  14 The Urban Lawyer 249 (1982).
   
Journal
Articles

 “The Role of Lawyers in Resolving Environmental Interest Disputes,” 37 Real Estate Law Journal 200 (2008) (with Jessica A. Bacher).

“Reinventing Redevelopment Law”, 37 Real Estate Law Journal 234 (2008) (with Jessica A. Bacher).
"The Mighty Myths of Kelo 9 Government, Law and Policy Journal 10 (2007).
"Local Inclusionary Housing Programs: Meeting Housing Needs," 36 Real Estate Law Journal 73 (2007) (with Jessica A. Bacher).
"Resolving Land Use Disputes through Mediation," New York Zoning Law and Practice Report, Vol. 4, No. 1, July/August 2003.
"Successful Community Strategies to Protect Open Space," Environmental Law Reporter's News and Analysis, Vol. 33, No. 7, July 2003.
"Discovering Local Environmental Law," 25 Zoning and Planning Law Report 73 (2002).
"The Contemporary Relevance of Golden v. Ramapo," State & Local Law News at 1(Fall 2002).
"Framework for Local Environmental Law," Environmental Law in New York (September/October 2001) (coauthored with Kristen Kelley).
"Do Pre-existing Land Use Regulations Prevent a Regulatory Takings Claim?" New York Real Estate Law Reporter (August 2001).
"Damnum Sine Injuria; The Search for Mediating Mechanisms for Regional Land Use Disputes," New York Zoning Law and Practice Report, Vol. 1, No.6 (May/June 2001). 
"Community Leaders Go to Process School," Consensus, MIT-Harvard Public Dispute Program, (July 1999).
"Una nueva estrategia para la protección ambiental", Petrotechnia, Año XL, No. 3, (Junio 1999).
"Integración de politicas económicas y ambientales.  La necisidad de leyes marco en Estados Unidos y Argentina," Doctrina Judicial, Año XIII, No. 31, Buenos Aires (13 de Agosto 1997).
"National Land Use Planning: Revisiting Senator Jackson's 1970 Policy Act," 48 Land Use Law & Zoning Digest 3 (May 1996).
"Government Responsibility for Regulatory Takings of Private Property," The Government Law Center of Albany Law School (February 1996).
"Senator Jackson's Time Has Come: Lessons for the Land," Land Use Law Reporter (Series 3, Special Edition, 1995).
"The Stable Door is Open: New York's Statutes to Protect Farm Land," 67 New York State Bar Journal 36 (Feb. 1995).
"The Land Development Process: Forging a New State-Local Relationship," Land Use Law Reporter (Series 3, Number 3, 1995).
"State Assistance for Local Comprehensive Planning," Land Use Law Reporter (Series 3, Number 2, 1995).
"Can Cities, Urban Villages and Rural Downtowns Benefit From Land Use Law Reform?," New York State Municipal Bulletin, March/April 1994.
"Land Use Reform: A Judicial and Practical Imperative," 65 New York State Bar Journal 18 (December 1993) .
"'Lucas Case,' The Need to Reform Land-Use Law," 45 Land Use Law and Zoning Digest 3 (Feb. 1993).
"Local Land Use Control in New York: An Aging Citadel Under Siege," 64 New York State Bar Journal 38 (July-August 1992).
"Reflections on Balanced Growth, Development," New York Real Estate Law Reporter, October 1989, at 8.
"Affordable Housing: Determining Who Lives There?" Municipal Lawyer, Vol. 3, No. 15 (1988).
"Site Plan Approval Power Restricted," 3 Municipal Lawyer 3 (Sept./Oct. 1986).
   
Chapters "Disaster Mitigation Through Land Use Strategies, in Losing Ground: A Nation on Edge" (John R. Nolon and Daniel B. Rodriguez, eds., 2007).
"Historical Overview of the American Land Use System: A Diagnostic Approach to Evaluating Governmental Land Use Control," in Comparative Land Use Law and Global Sustainable Development (Cambridge University Press, 2006).
"The American Land Use System," in Comparative Land Use Law and Global Sustainable Development ( University Press, 2006).
"Reordering the Nation's Land Use System: Paradigms of Positive Change," in Planning Reform in the New Century (American Planning Association, 2005).
"Land Preservation," Ch. 3,  in Environmental Law Practice Guide: State and Federal Law (Michael B. Gerrard, ed., 2003).
"Land Use Law," Ch. 16, in General Practice in New York (West, 1998).
Technical Handbooks "Accommodating Home Rule in State Land Use Reform," in Modernizing State Planning Statutes, The Growing Smart Working Papers, Planning Advisory Service, Report Number 462/463 (American Planning Association, 1996).