Mary Christina Wood "ON THE EVE OF DESTRUCTION": COURTS CONFRONTING THE CLIMATE EMERGENCY 97 Indiana Law Journal 239 (Winter, 2022) In the dim and smokey twilight, with only bare necessities in tow, a family rushes to escape the wildfire racing toward them. Elsewhere, a household evacuates just ahead of a category five hurricane, perhaps not for the first time. Along the coastlines, countless others are resigned to looking on as their homesites erode into the inexorably rising... 2022
Eric Leis "WATER, WATER, EVERYWHERE, NOR ANY DROP TO DRINK": HOW THE FEDERAL GOVERNMENT CAN COMBAT SALTWATER INTRUSION IN THE UPPER FLORIDAN AQUIFER 25 University of Denver Water Law Review 163 (Spring, 2022) INTRODUCTION. 163 I. The Upper Floridan Aquifer. 166 A. Groundwater. 166 B. Saltwater Intrusion. 167 C. Hydrology, Use, and Depletion of the Upper Floridan Aquifer. 168 D. Saltwater Intrusion into the Upper Floridian Aquifer. 169 II. Federal Water Rights. 170 A. Federal Reserve Water Rights. 170 1. The Development of the Winters Doctrine. 171 2.... 2022
Michael C. Blumm, Gregory A. Allen 30 BY 30, AREAS OF CRITICAL ENVIRONMENTAL CONCERN, AND TRIBAL CULTURAL LANDS 52 Environmental Law Reporter (ELI) 10366 (May, 2022) President Joe Biden's Executive Order No. 14008 of January 2021 called for the Administration to conserve at least 30% of the nation's lands and waters by 2030. To accomplish this ambitious 30 by 30 effort, the Order directed federal agencies to work with tribal governments, among others, to propose lands and waters as qualifying for... 2022
Reed D. Benson A CONTENTIOUS MISSION: WATER SUPPLY AND CORPS OF ENGINEERS RESERVOIRS 32 Duke Environmental Law and Policy Forum 247 (Spring, 2022) The U.S. Army Corps of Engineers operates hundreds of multipurpose reservoirs nationwide, many of which provide water for municipal and industrial purposes. Demands for water from Corps reservoirs are sure to grow, and Congress has ordered the Corps to report on whether water supply should become a primary mission of the agency. The Corps has... 2022
Amanda Robert A FRESH APPROACH 108-SEP ABA Journal 65 (August/September, 2022) As Howard Kenison prepared to chair the ABA Section of Environment, Energy and Resources in August 2020, he put environmental justice at the top of his list of initiatives. In particular, Kenison planned to create a task force to review and possibly revise a 1993 resolution related to environmental justice. The measure, submitted by the Standing... 2022
Noah DeWitt A TWISTED FATE: HOW CALIFORNIA'S PREMIER ENVIRONMENTAL LAW HAS WORSENED THE STATE'S HOUSING CRISIS, AND HOW TO FIX IT 49 Pepperdine Law Review 413 (2022) California, the iconic Golden State, holds the infamous record for the largest population of people experiencing homelessness in the United States. These record-setting numbers have been steadily on the rise for decades and are due in large part to the state's severe housing shortage, which is currently just under one million housing units. From... 2022
Steven Sacco ABOLISHING CITIZENSHIP: RESOLVING THE IRRECONCILABILITY BETWEEN "SOIL" AND "BLOOD" POLITICAL MEMBERSHIP AND ANTI-RACIST DEMOCRACY 36 Georgetown Immigration Law Journal 693 (Winter, 2022) C1-2Table of Contents I. Introduction. 694 II. Citizenship as Racism and Anti-Democracy. 698 A. Citizenship as Race. 698 1. Race Becomes Citizenship. 700 2. Citizenship Becomes Race. 711 3. Citizenship Racializes Citizens. 714 B. Citizenship as Anti-Democracy. 718 1. Citizenship Is Anti-Egalitarian. 718 a. Citizenship Is a Caste System. 718 b.... 2022
Arianna Zrzavy, Molly Blondell, Wakako Kobayashi, Bryan Redden, Paul Mohai ADDRESSING CUMULATIVE IMPACTS: LESSONS FROM ENVIRONMENTAL JUSTICE SCREENING TOOL DEVELOPMENT AND RESISTANCE 52 Environmental Law Reporter (ELI) 10111 (February, 2022) This Article discusses how disparate environmental burdens can be addressed using environmental justice (EJ) screening tools. It identifies states that have developed state-specific EJ screening tools, analyzes these tools' functions, and identifies strategies to overcome resistance to them. The authors conducted interviews with multiple... 2022
Lindsay M. Farbent ADDRESSING THE DISPROPORTIONATE ADVERSE HEALTH EFFECTS AMONG BIPOC COMMUNITIES AS A RESULT OF ENVIRONMENTAL RACISM 12 Barry University Environmental and Earth Law Journal 100 (Summer, 2022) Around one in three (31%) of Black Americans, compared to only 9% of their white counterparts, reported personally knowing someone who has died from COVID-19. Black folks are thirty percent more likely to die prematurely from heart disease and twice as likely to die of a stroke as white folks. Black folks, Indigenous folks, and People of Color are... 2022
  ADMINISTRATIVE LAW--ENVIRONMENTAL LAW--REMEDIES--D.C. CIRCUIT UPHOLDS VACATUR AND REMAND OF DAKOTA ACCESS PIPELINE EASEMENT, REVERSES DISTRICT COURT ORDER TO CEASE PIPELINE OPERATIONS.--STANDING ROCK SIOUX TRIBE v. U.S. ARMY CORPS OF ENGINEERS, 985 F.3D 1 135 Harvard Law Review 1688 (April, 2022) Administrative law has a remedy problem. Careful attention to procedural safeguards and standards of review in administrative cases often leaves remedial options undertheorized both in court opinions and in scholarly commentary. Recently, in Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers, the D.C. Circuit upheld the vacatur of an... 2022
Bryan Davidson ADVANCING ENVIRONMENTAL JUSTICE WITH THE LATEST TECHNOLOGY 58-OCT Tennessee Bar Journal 18 (September/October, 2022) Genesee Township, like so many other majority-minority communities in Flint, Mich., is no stranger to the health risks associated with environmental pollution. After spending the better part of a decade dealing with the lingering effects of a lead-contamination crisis that placed Flint and its drinking water system at the forefront of a national... 2022
Allyson E. Gold, Srinivas Parinandi, Allen Slater, Tyler Garrett ADVANCING POSITIVE WATER RIGHTS 81 Maryland Law Review 449 (2022) Despite its necessity to survival, the United States does not recognize a positive right to water. Instead, access is determined largely by the free market. Consequently, millions have historically lacked reliable access to clean water, a crisis that disproportionately affects minority and low-income households. Then came the COVID-19 pandemic.... 2022
Jessica Holmes AGGREGATION: AN ESSENTIAL TOOL IN ACHIEVING IMPERATIVE ENVIRONMENTAL ENFORCEMENT, PROTECTION, AND JUSTICE 52 Environmental Law 547 (Summer, 2022) Climate change is no longer a distant threat. The effects from environmental degradation, exorbitant greenhouse gas emissions, and the exploitation of our natural resources are inducing catastrophic tragedies that were once preventable. For the last four decades, between 1980-2021, the United States averaged seven weather disasters per year. In... 2022
Christian Webber AIDING EMPLOYMENT AND THE ENVIRONMENT ON TRIBAL LANDS: AN ANALYSIS OF HIRING PREFERENCES AND THEIR USE IN THE MINING INDUSTRY 12 Arizona Journal of Environmental Law & Policy 298 (Summer, 2022) This Note analyzes hiring preferences on tribal lands in the mining industry within the United States and particularly in the State of Arizona, which has a relatively high number of both mines and federally recognized tribes. Arizona has its own robust history and case law on hiring preferences in the mining industry for tribal members. This Note... 2022
Richard L. Revesz AIR POLLUTION AND ENVIRONMENTAL JUSTICE 49 Ecology Law Quarterly 187 (2022) Particulate matter emissions give rise to the environmental problem with the worst public health consequences. Despite a half century of regulatory efforts, they still lead to 85,000 to 200,000 additional deaths each year and produce more than 100,000 heart attacks and almost nine million cases of exacerbated asthma. These enormously serious... 2022
Helen Sprainer AIR QUALITY EQUITY: WHY THE CLEAN AIR ACT FAILED TO PROTECT LOW-INCOME COMMUNITIES AND COMMUNITIES OF COLOR FROM COVID-19 30 New York University Environmental Law Journal 123 (2022) The effects of the COVID-19 pandemic highlight the many ways in which low-income communities and communities of color suffer disproportionate harms during a disaster. This pandemic is an environmental injustice because the inequitable development and enforcement of our environmental laws has left some communities more at risk for serious infection... 2022
John Leshy AMERICA'S PUBLIC LANDS: A SKETCH OF THEIR POLITICAL HISTORY AND FUTURE CHALLENGES 62 Natural Resources Journal 341 (Summer, 2022) I recently published a comprehensive political history of America's public lands, those owned by the national government and managed by four agencies--the National Park Service, the United States Forest Service, the U.S. Fish & Wildlife Service, and the Bureau of Land Management. Most people know something about these lands, often through... 2022
Linda K. Breggin, Bruce Johnson, Jaehee Kim, Michael P. Vandenbergh ANALYSIS OF ENVIRONMENTAL LAW SCHOLARSHIP 2020-2021 52 Environmental Law Reporter (ELI) 10599 (August, 2022) The Environmental Law and Policy Annual Review (ELPAR) is published by the Environmental Law Institute's (ELI) Environmental Law Reporter in partnership with Vanderbilt University Law School. ELPAR provides a forum for the presentation and discussion of some of the most creative and feasible environmental law and policy proposals from the legal... 2022
Amelia Marsh ANNE MACKINNON, PUBLIC WATERS: LESSONS FROM WYOMING FOR THE AMERICAN WEST, UNIVERSITY OF NEW MEXICO PRESS (2021); 368 PP.; ISBN 978-0-8263-6241-4 25 University of Denver Water Law Review 307 (Spring, 2022) Public Waters: Lessons from Wyoming for the American West traces the development of Wyoming water law and water management beginning in the 1880s through 2020. The author, Anne MacKinnon, leverages her extensive experience living and working in Wyoming as a journalist and editor-in-chief of the Casper Star-Tribune to chronicle the development of... 2022
Preston C. Green III , Chelsea E. Connery BEWARE OF EDUCATIONAL BLACKMAIL: HOW CAN WE APPLY LESSONS FROM ENVIRONMENTAL JUSTICE TO URBAN CHARTER SCHOOL GROWTH? 73 South Carolina Law Review 643 (Spring, 2022) This Article explains how environmental justice principles can be used in litigation and legislation to enable minority families in urban communities to benefit from charter schools while at the same time protecting against the dangers posed to their school systems and children. In Part II, we explain how environmental justice concepts are designed... 2022
MJ Palau-McDonald BLOCKCHAINS AND ENVIRONMENTAL SELF-DETERMINATION FOR THE NATIVE HAWAIIAN PEOPLE: TOWARD RESTORATIVE STEWARDSHIP OF INDIGENOUS LANDS 57 Harvard Civil Rights-Civil Liberties Law Review 393 (Summer, 2022) Introduction. 394 I. Four Values of Restorative Justice for Native Peoples. 397 A. Mo'omeheu: Cultural Integrity. 398 B. 'ina: Land and Natural Resources. 398 C. Mauli Ola: Social Determinants of Health and WellBeing. 399 D. Ea: Self-Governance. 399 II. Contextual History of Hawai'i's Public Land Trust. 400 A. Native Hawaiian Values, Customs, and... 2022
Monte Mills, Martin Nie BRIDGES TO A NEW ERA: A REPORT ON THE PAST, PRESENT, AND POTENTIAL FUTURE OF TRIBAL CO-MANAGEMENT ON FEDERAL PUBLIC LANDS 52 Environmental Law Reporter (ELI) 10661 (August, 2022) Federal public land management agencies regularly disassociate their land management activities from their interactions with Indian tribes. Moreover, federal public land law generally provides state governments and private interests broad powers and authorities not yet extended to Indian tribes. Public land management agencies must be compelled to... 2022
Thomas B. Sokolowski CAN CRIMINALS RESHAPE ENVIRONMENTAL LAW? AN ANALYSIS OF MCGIRT AND ITS IMPLICATIONS ON REGULATING THE ENVIRONMENT 55 Indiana Law Review 857 (2022) On July 9, 2020, the United States Supreme Court held in McGirt v. Oklahoma that a portion of eastern Oklahoma was an Indian reservation. Though the case specifically addressed whether the State of Oklahoma or the Muscogee (Creek) Nation had prosecuting authority over the defendant, the Justices anticipated the decision's implications on other... 2022
Bridget Roddy CAN YOU DIG IT? YES, YOU CAN! BUT AT WHAT COST?: A PROPOSAL FOR THE PROTECTION OF DOMESTIC FOSSILS ON PRIVATE LAND 8 Texas A&M Journal of Property Law 473 (5-May-22) Paleontological resources require similar protections to archaeological resources because the threat of looting, improper excavation, and market demand are analogous. Paleontological resources are responsible for informing much of scientists' understanding of evolution and the history of the planet, just as cultural property helps to inform the... 2022
Lena Freij CENTERING ENVIRONMENTAL JUSTICE IN CALIFORNIA: ATTEMPTS AND OPPORTUNITIES IN CEQA 28 Hastings Environmental Law Journal 75 (Winter, 2022) Environmental justice communities and advocates have used the California Environmental Quality Act (CEQA) as a necessary tool to incorporate their concerns into agency decision-making. However, environmental justice is neither mentioned in the statutory language of CEQA, nor was it intended as a fundamental purpose of CEQA as an environmental... 2022
Emily C. Gribble , David N. Pellow CLIMATE CHANGE AND INCARCERATED POPULATIONS: CONFRONTING ENVIRONMENTAL AND CLIMATE INJUSTICES BEHIND BARS 49 Fordham Urban Law Journal 341 (February, 2022) Introduction 341 I. Environmental Justice, Climate Justice, and Carceral Institutions 342 II. Flooding and Fossil Fuels 346 III. Increased Morbidity and Mortality Related to Extreme Temperatures 352 A. Texas's Wallace Pack Unit Prison 352 B. Maricopa County Jail 354 C. Perryville Prison 355 D. Louisiana State Penitentiary at Angola 356 IV.... 2022
Cinnamon P. Carlarne CLIMATE COURAGE: REMAKING ENVIRONMENTAL LAW 41 Stanford Environmental Law Journal 125 (May, 2022) I. Introduction. 126 II. The Making of Environmental Law. 133 A. How It Began: Environmental Law's Ecological Roots. 135 B. How It Is Going: A Field Detached. 140 III. Examining the Roots of Environmental Law. 142 A. International Environmental Leadership. 143 B. Environmental Justice. 147 C. Climate Justice. 152 D. Environmental Rights. 156 IV.... 2022
Laura Grier, Delia Mayor, Brett Zeuner, Paul Mohai COMMUNITY INPUT ON STATE ENVIRONMENTAL JUSTICE SCREENING TOOLS 52 Environmental Law Reporter (ELI) 10441 (June, 2022) A number of environmental justice screening tools and processes have been developed across the United States in an effort to identify communities experiencing environmental injustice. These tools combine environmental and demographic data sets, layer them over a map, and present the map in a web-based format. Users can typically zoom in on a... 2022
Erum Sattar COMPARING COLONIAL WATER LEGACIES: FLOW AND STAGNATION IN LEGAL DEVELOPMENT 29 Buffalo Environmental Law Journal 55 (2021-2022) In 1965 Lon Fuller wrote an article, Irrigation and Tyranny, that is perhaps little known by scholars other than legal theorists of irrigation. In it, he recounted his personal interest in the ideas of the great irrigation theorist Karl Wittfogel, specifically, Wittfogel's idea of a hydraulic civilization. Fuller observed that: The historian Karl... 2022
Daniel B. Rosenbaum CONFRONTING THE LOCAL LAND CHECKERBOARD 56 University of Richmond Law Review 665 (Winter, 2022) Fractured public land is hidden in plain sight. In communities across the country, a patchwork assortment of local governments share splintered ownership over surplus public properties, which can be found scattered in residential neighborhoods and alongside highways, in the shadows of development projects and in the scars of urban renewal. The... 2022
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