Following is a list of sources for additional information on legal theory in floodplains. Know of resources that aren’t here that should be? Shoot us an email at info@stormsmart.org so we can add them.
- Mississippi-Alabama Sea Grant has released a video of their webinar called “Legal Implications of Climate Change – Regulatory Takings.” You can watch the whole presentation (vide and audio) here.
- The National Sea Grant Law Center’s quarterly newsletter, The Sandbar covers a broad spectrum of relevant legal issues, as does their more frequent Ocean and Coastal Case Alert.
- “Mitigating Misery: Land Use and Protection of Property Rights Before the Next Big Flood,” Edward A. Thomas Esq. and Sam Riley Medlock JD. Vermont Journal of Environmental Law, Vol. 9, 2008. (Law Review Article on the National Flood Insurance Program and the concept of No Adverse Impact Floodplain Management).
- “No Adverse Impact and The Courts: Protecting the Property Rights of All,” Dr. John Kusler Esq. and Edward A. Thomas Esq.
- The Patchwork Quilt: A Creative Strategy for Safe & Long Term Post-Disaster Rebuilding, Edward A. Thomas Esq. and Sarah Bowen CFM. (A White Paper on how to develop and fund proper, sustainable post disaster recovery). PowerPoint slides (in PDF format) on the same, as presented at the National Floodproofing Conference in New Orleans in November 2008
- “A Comparative Look at Public Liability for Hazard Mitigation,” Jon Kusler Esq, ASFPM Foundation, 2009.
- “A Perfect Storm of Opportunities to Establish and Fund a Program to Reduce Misery and Protect Water Resources,” Edward A. Thomas Esq., in Louisiana Coastal Law, Vol. 89, April 2008. (Article for the Louisiana State University, Sea Grant Law and Policy Program, which discusses why we should develop a unified program to treat water as a precious resource).
- “‘Significant Nexus’ and Clean Water Act Jurisdiction,” Jon Kusler Esq., Patrick Parenteau Esq., and Edward A. Thomas Esq. (Discussion paper for the Association of State Wetland Managers, March 2007).
- Audio Recording of “Failed Dams and Levees,” Delivered by Edward A. Thomas Esq., at the 2008 Association of State Floodplain Managers Annual Conference.
- Audio Recording of “No Adverse Impact (NAI) Property Rights – Legally Protecting the Rights of All,” Delivered by Edward A. Thomas Esq., at the 2008 Association of State Floodplain Managers annual Conference.
- “Failed Dams and Levees: Examining Engineering Liability,” PowerPoint slides (as a PDF) for a web-cast for American Council of Engineering Companies May 2007.
- “Legal Implications of No Adverse Impact Floodplain Management,” PowerPoint slides (as a PDF) for the National Academies of Science, Disasters Roundtable October 2005.
- “No Adverse Impact Coastal Handbook,” Association of State Floodplain Managers, May 2007. Many Authors including: Edward A. Thomas Esq.
- “Property Rights and Community Development: A Legal Framework for Managing Watershed Development,” (Association of State Floodplain Managers developed document based on materials developed by Edward A. Thomas Esq., and at the Massachusetts Coastal Zone Management Agency).
- Massachusetts StormSmart Coasts Fact Sheets:
- An Introduction to No Adverse Impact (PDF, 1.5 MB).
- The Legal Framework of Coastal Management (PDF, 868 KB).
- Case Study: Chatham, A Cape Cod Community Prevents New Residences in Floodplains (PDF, 1 MB).