Transcription of NO ADVERSE IMPACT FLOODPLAIN MANAGEMENT
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NO ADVERSE IMPACT FLOODPLAIN MANAGEMENT
NO ADVERSE IMPACT FLOODPLAIN MANAGEMENT AND THE COURTS By: Jon A. Kusler, Esq. Prepared for the Association of State FLOODPLAIN Managers 2004 No ADVERSE IMPACT FLOODPLAIN MANAGEMENT and the Courts iPREFACE This paper discusses selected legal issues associated with a no ADVERSE IMPACT approach to FLOODPLAIN MANAGEMENT . It is intended primarily for government lawyers, lawyers who advise such government officials as land planners, legislators, and natural hazard managers, and lawyers who defend governments against natural hazard-related common law or constitutional suits. The secondary audience is made up of federal, state, and local government officials, regulators, academics, legislators, and others whose duties and decisions can affect or reduce flood hazards. Given the primary audience, many case law citations have been included in the paper. Readers should note that this paper addresses the general law of the United States.
No Adverse Impact Floodplain Management and the Courts i PREFACE This paper discusses selected legal issues associated with a “no adverse impact” approach to
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