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24 Fordham Envtl. L. Rev. 242 (2012-2013)
Shifting Paradigms Transform Environmental and Land Use Law: The Emergence of the Law of Sustainable Development

handle is hein.journals/frdmev24 and id is 254 raw text is: SHIFTING PARADIGMS TRANSFORM ENVIRONMENTAL AND LAND USE LAW: THE EMERGENCE OF THE LAW OF SUSTAINABLE DEVELOPMENT John R., Nolon* INTRODUCTION The inaugural issue of the Fordham Environmental Law Review' in 1993 arrived soon after the U.S. Supreme Court's Lucas v. South Carolina Coastal Council decision, which classified as a compensable taking a state regulation that prevented all development of certain ocean-front lots.2 Twenty years later, 2012 ended and 2013 started with Congress debating how much to appropriate to help cover the billions of dollars of damage caused by Tropical Storm Sandy, a catastrophe that literally took thousands of homes and businesses. We now realize that where and how we build to meet the needs of a growing and changing population has much to do with mitigating and adapting to climate change. During these two decades, the state and local land use legal system evolved to respond to natural disasters, increased flooding, sea level rise in coastal states, higher temperatures everywhere, and other adverse impacts of climate change. This system of law is now adjusting to fundamental changes in demographics and real estate markets that favor new development in urban communities and that lessen demand for homes and businesses at the urban fringe. We began these two decades reacting to the rush to develop greenfields and coastal property and end it * Professor of Law and Counsel to the Land Use Law Center, Pace Law School; Visiting Professor at the Yale School of Forestry and Environmental Studies since 2001. 1. Gerald S. Dickinson and Sheila R. Foster, Stasis and Change in Environmental Lan: The Past, Present and Future of the Fordham Environmental Law Review,24 FORDHAM ENVTL. L. REV. 1 (2013). 2. Lucas v. S.C. Coastal Council, 505 U.S. 1003 (1992). 242

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