| Author | Title | Citation | Summary | Year |
| Tom I. Romero, II |
BRIDGING THE CONFLUENCE OF WATER AND IMMIGRATION LAW |
48 Texas Tech Law Review 779 (Summer, 2016) |
I. Introduction. 780 II. The Irrigation Era and the Need for a Docile Labor Supply. 782 III. The Metropolitan Revolution and the Rise of the Illegal Gardner. 798 IV. The Great Local Thirst for Proper Documentation. 807 V. Conclusion. 815 Appendix: A Timeline of Important Moments in Water and Immigration Law and Policy. 817 |
2016 |
| Jonathan Lovvorn |
CLIMATE CHANGE BEYOND ENVIRONMENTALISM PART I: INTERSECTIONAL THREATS AND THE CASE FOR COLLECTIVE ACTION |
29 Georgetown Environmental Law Review 1 (Fall, 2016) |
C1-3Table of Contents L1-2Introduction . R31. I. The Basic Science of Climate Change. 9 II. The Tenuous Legal Framework for Climate Change Emissions. 11 III. The Intersectional and Discriminatory Impacts of Climate Change. 17 A. Poverty, Public Health, and Climate Change. 19 B. Race and Climate Change. 24 C. Women and Climate Change. 29 D. Children... |
2016 |
| Giovanna Gismondi |
DENIAL OF JUSTICE: THE LATEST IndigenOUS LAND DISPUTES BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS AND THE NEED FOR AN EXPANSIVE INTERPRETATION OF PROTOCOL 1 |
18 Yale Human Rights and Development Law Journal 1 (2016) |
In its three latest decisions on indigenous land rights, the European Court of Human Rights (ECtHR) has afforded scant protection to indigenous peoples. Through an analysis of each case in terms of substantive and procedural law, this Article evaluates the challenges indigenous peoples face when pursuing their claims before the Court. I argue that... |
2016 |
| Elizabeth Jones |
DRINKING WATER IN CALIFORNIA SCHOOLS: AN ASSESSMENT OF THE PROBLEMS, OBSTACLES, AND POSSIBLE SOLUTIONS |
35 Stanford Environmental Law Journal 251 (June, 2016) |
In the last several years, hundreds of schools across California have been forced to restrict students' access to drinking water due to lead, nitrate, arsenic, and other serious contaminants. News reports and water quality databases indicate that problems are especially significant in schools in low-income communities of color--where many children... |
2016 |
| Suzi Ruhl, Jonathan Ostar |
ENVIRONMENTAL JUSTICE |
33 No. 3 GPSolo 42 (May/June, 2016) |
Over the past 50 years, the United States has made great strides in protecting the environment and public health while also ensuring fair treatment under the law. Environmental laws and regulations generally require increased scrutiny and consideration of environmental and health impacts in environmental decision making, while civil rights laws and... |
2016 |
| Catherine Millas Kaiman |
ENVIRONMENTAL JUSTICE AND COMMUNITY-BASED REPARATIONS |
39 Seattle University Law Review 1327 (Summer, 2016) |
C1-2Contents Introduction. 1328 I. Environmental Justice Case Study: Old Smokey. 1331 II. The Environmental Justice Movement. 1334 A. The Early Days of Environmental Justice. 1336 B. Environmental Justice Progress. 1338 III. Tools and Barriers. 1339 A. Environmental Laws. 1340 1. National Environmental Protection Act. 1342 2. Executive Order... |
2016 |
| Tyler Kennedy |
EXPANDING JURISDICTION: INCREASING TribAL ABILITY TO PROSECUTE CRIMINAL BEHAVIOR ON NATIVE AMERICAN LAND |
15 Seattle Journal for Social Justice 465 (Fall, 2016) |
The long and complex relationship between Native American tribes and the US government has created a variety of issues deeply entrenched in the historical tensions between the two parties. The ebb and flow of history has brought about waves of progress, contrasted with eras of great oppression and subjugation. In recent years, criminal... |
2016 |
| Jessica Scott |
FROM ENVIRONMENTAL RIGHTS TO ENVIRONMENTAL RULE OF LAW: A PROPOSAL FOR BETTER ENVIRONMENTAL OUTCOMES |
6 Michigan Journal of Environmental & Administrative Law 203 (Fall, 2016) |
[L]egal recognition of a right is useless if it cannot be translated into a victory in the field. With the recent lead contamination crisis in Flint, Michigan, the unfavorable United States country report of the former United Nations Special Rapporteur on the human right to safe drinking water and sanitation seems prescient. The Special... |
2016 |
| Francesco Francioni |
FROM RIO TO PARIS: WHAT IS LEFT OF THE 1992 DECLARATION ON ENVIRONMENT AND DEVELOPMENT? |
11 Intercultural Human Rights Law Review 15 (2016) |
This paper has a dubitative title. And this is for a good reason. It is meant to introduce the critical perspective in which I propose to assess the legacy of the 1992 Rio Declaration after almost a quarter of a century from its adoption. This retrospective outlook, it is hoped, may help assess the progress, if any, that international law has made... |
2016 |
| Richard Lynn |
FROM THE BREAK ROOM TO THE COURT ROOM: REEVALUATING HOSTILE WORK ENVIRONMENT CLAIMS IN LIGHT OF NEW JERSEY'S EXPANDED WHISTLEBLOWER PROTECTION |
25 Temple Political & Civil Rights Law Review 191 (Spring 2016) |
Commentary that courts have commonly deemed mere office banter has generally gone unpunished. Such commentary may include male employees' use of unambiguous gender epithets when referring to specific female employees or degradation of females generally through similarly disparaging language. Historically, office banter tends to fall outside of... |
2016 |
| Shea Diaz, Georgetown Environmental Law Review |
GETTING TO THE ROOT OF ENVIRONMENTAL INJUSTICE |
1/29/2016 Georgetown Environmental Law Review Online 1 (January 29, 2016) |
This post is part of the Environmental Law Review Syndicate, a multi-school online forum run by student editors from the nation's leading environmental law reviews. In the United States, poor people and people of color experience higher cancer rates, asthma rates, mortality rates, and overall poorer health than their affluent and white... |
2016 |
| Shannon Joyce Prince |
GREEN IS THE NEW Black: African american LITERATURE INFORMING ENVIRONMENTAL JUSTICE LAW |
32 Journal of Environmental Law & Litigation 33 (2016) |
Introduction. 34 I. Trees Are People Too?. 34 II. Greenlining. 38 III. What's the Fairest of Them All?. 41 IV. The Black (Family) Tree. 46 V. Savage Conservation. 57 VI. Green Like Me?. 66 Conclusion. 70 |
2016 |
| Eric Anthony DeBellis , Senior Executive Editor, Ecology Law Quarterly |
IMPLEMENTING SUPPLEMENTAL ENVIRONMENTAL PROJECT POLICIES TO PROMOTE RESTORATIVE JUSTICE |
3/14/2016 Georgetown Environmental Law Review Online 1 (March 14, 2016) |
The overwhelming majority of environmental enforcement actions settle out of court, but overlooking settlements as merely a mechanical means to save time and court costs is a mistake. An agency's approach to settlement has tremendous environmental justice implications that go largely unnoticed. In a traditional enforcement settlement model, the... |
2016 |
| Martha F. Davis |
LET JUSTICE ROLL DOWN: A CASE STUDY OF THE LEGAL INFRASTRUCTURE FOR WATER EQUALITY AND AFFORDABILITY |
23 Georgetown Journal on Poverty Law and Policy 355 (Spring, 2016) |
Unequal access to water and sanitation has long been an issue in developing nations. In the United States, by contrast, most individuals take access to basic water and sanitation services for granted. Writing in 2011, the UN Special Rapporteur on the Human Right to Safe Drinking Water and Sanitation lauded the United States' past leadership in... |
2016 |
| Elizabeth Ann Kronk Warner |
LOOKING TO THE THIRD SOVEREIGN: TribAL ENVIRONMENTAL ETHICS AS AN ALTERNATIVE PARADIGM |
33 Pace Environmental Law Review 397 (Spring 2016) |
December 2015 constituted a watershed month in the fight against the devastating impacts of climate change, as nearly 200 countries reached consensus at the Paris Conference of the Parties 21 (COP 21) on the need to cut greenhouse gas emissions in an effort to curb the negative impact of climate change. As evidenced by the Paris COP 21, the world... |
2016 |
| Geoff Ward |
MICROCLIMATES OF RACIAL MEANING: HISTORICAL RACIAL VIOLENCE AND ENVIRONMENTAL IMPACTS |
2016 Wisconsin Law Review 575 (2016) |
This article examines the socially constitutive force of historical racial violence, dimensions and mechanisms of environmental impact, enduring questions, and remedial implications. I stress the importance of empirical scrutiny of racial violence since the nineteenth century, both for the development of critical race perspective on its social... |
2016 |
| Luisa Ferreira-Peralta |
MINING IN COLOMBIA AND ENVIRONMENTAL JUSTICE: HOW THE "POPULAR CONSULTATION" PROCESS WORKS IN PRACTICE |
46 Environmental Law Reporter News & Analysis 10416 (May, 2016) |
This Article examines how the Latin American procedure of popular consultation has been used as a mechanism for resisting the development of an open-pit gold mine in Colombia, and analyzes how Colombian communities are using the procedure to have meaningful involvement in environmental decisionmaking. A close study suggests that communities were... |
2016 |
| Tiyanjana Maluwa |
OIL UNDER TROUBLED WATERS?: SOME LEGAL ASPECTS OF THE BOUNDARY DISPUTE BETWEEN MALAWI AND TANZANIA OVER LAKE MALAWI |
37 Michigan Journal of International Law 351 (Spring, 2016) |
C1-3Table of Contents L1-2Introduction . L3352 I. Historical Background, Factual Abstract and Preliminary Legal Questions. 356 A. British and German Colonial Rule and the History of the Boundary: 1890-1967. 356 B. Legal Significance and Probative Value of Maps in Boundary Disputes: An Excursus. 368 C. Prelude to the Dispute: The Post-Independence... |
2016 |
| Erica J. Shell |
PETCOKE: HOW AN OUTDATED AND INCONSISTENT REGULATORY FRAMEWORK DEFEATS ENVIRONMENTAL JUSTICE IN DETROIT |
17 Journal of Law in Society 3 (Spring, 2016) |
I. Introduction. 3 A. Environmental Injustice in America's Industrial Capital. 5 B. Petcoke-What Is It and How Did It Get Here?. 8 II. Background of Petcoke Production and Storage in Detroit. 9 A. Marathon's Detroit Heavy Oil Upgrade Project (DHOUP). 9 B. Environmental Impacts of Petcoke Production. 13 C. Detroit's Pile as a Lens to View Regulatory... |
2016 |
| John Copeland Nagle |
POPE FRANCIS, ENVIRONMENTAL ANTHROPOLOGIST |
28 Regent University Law Review 7 (2015-2016) |
Giovanni di Pietro di Bernardone was born in Italy around 1181. His father was a wealthy silk merchant, and Giovanni relished his status as the wealthy son. But then he had a vision that changed his life and his name. The christened Francis lived in poverty, joined the poor in begging at St. Peter's Basilica, and began preaching in his hometown of... |
2016 |
| Nathalie Prescott |
PRISONER (IN)CONSIDERATION IN ENVIRONMENTAL JUSTICE ANALYSES |
5/31/2016 Georgetown Environmental Law Review Online 1 (May 31, 2016) |
In October 2015, health officials in Flint, Michigan issued a public health declaration urging residents not to drink the city's tap water after tests showed high lead levels in children's blood. The city had switched tap water sources in April 2014 from Lake Huron by way of Detroit to the Flint River to save money. For more than a year, residents... |
2016 |
| Christopher D. Ahlers |
RACE, ETHNICITY, AND AIR POLLUTION: NEW DIRECTIONS IN ENVIRONMENTAL JUSTICE |
46 Environmental Law 713 (Fall, 2016) |
Environmental justice recognizes that low-income, minority communities are disproportionately affected by air pollution, and that this problem should be addressed through environmental law and policy. While it is easy to identify general relationships between poverty, demographic patterns, and air pollution, it is far more difficult to demonstrate... |
2016 |
| Trayce A. Hockstad |
RATS AND TREES NEED LAWYERS TOO: COMMUNITY RESPONSIBILITY IN DEODAND PRACTICE AND MODERN ENVIRONMENTALISM |
18 Vermont Journal of Environmental Law 105 (Fall, 2016) |
Introduction. 106 I. A Historic Look at Legal Representation for Non-Human Objects: Community Responsibility. 108 A. Deodand Practice. 108 B. Implications of Deodand. 111 C. What Happened to Deodand?. 114 II. Modern Laws of Nature: Environmental Standing in the United States. 116 A. Ideological Shifts. 116 B. Where Do We Stand?. 118 III. The Danger... |
2016 |
| Blake Hudson |
RELATIVE ADMINISTRABILITY, CONSERVATIVES, AND ENVIRONMENTAL REGULATORY REFORM |
68 Florida Law Review 1661 (November, 2016) |
Both critics and supporters of federal environmental law have called for its reform. Conservative scholars and policy makers in particular have called for reform due to the size, scope, and cost of the federal environmental bureaucracy. To date, however, conservatives have implemented few successful alternative environmental protection policies... |
2016 |
| Rachael E. Salcido |
REVIVING THE ENVIRONMENTAL JUSTICE AGENDA |
91 Chicago-Kent Law Review 115 (2016) |
I. Introduction. 115 II. Environmental Justice in the U.S.. 118 III. Obama Administration EJ Actions. 122 A. Structural Actions. 122 1. EJ Plan 2014 and EJ Plan 2020. 122 2. Interagency Working Group. 126 3. Data Collection. 127 B. Grant Programming. 128 C. Regulatory and Enforcement Actions. 129 IV. E.O. Limits and Tensions of Environmental Law... |
2016 |
| J. Michael Angstadt |
SECURING ACCESS TO JUSTICE THROUGH ENVIRONMENTAL COURTS AND TribUNALS: A CASE IN DIVERSITY |
17 Vermont Journal of Environmental Law 345 (Spring, 2016) |
Introduction. 346 I. Access to Justice and Pressing Societal Issues. 347 A. Indigenous Rights. 349 B. Environmental Justice. 349 II. Specialized Courts: An Institutional Mechanism for Enhancing Access to Justice?. 350 III. Method and Cases. 352 A. India. 352 B. New Zealand. 355 IV. Analysis. 357 A. Standing. 358 1. India National Green Tribunal.... |
2016 |
| David Takacs |
SOUTH AFRICA AND THE HUMAN RIGHT TO WATER: EQUITY, ECOLOGY, AND THE PUBLIC TRUST DOCTRINE |
34 Berkeley Journal of International Law 55 (Fall, 2016) |
After liberation from apartheid in 1996, South Africa's new, progressive Constitution proclaimed: Everyone has the right to have access to sufficient food and water. In this paper, I analyze South Africa's revolutionary legal vision for marrying social equity to ecology in fulfilling the right to water. South Africa's successes and obstacles as a... |
2016 |
| Matthew T. King |
SOVEREIGNTY'S GRAY AREA: THE DELIMITATION OF AIR AND SPACE IN THE CONTEXT OF AEROSPACE VEHICLES AND THE USE OF FORCE |
81 Journal of Air Law and Commerce 377 (Summer, 2016) |
Debate over the delimitation of airspace and outer space has persisted since the dawn of the space age, without resolution. With the development of hybrid aerospace vehicles that can operate in and transition between the two zones, the line between their disparate legal regimes will be tested. And this test may not come with an after-the-fact... |
2016 |
| William H. Holley |
STARTING FROM SCRATCH: REASSERTING "Indian COUNTRY" IN ALASKA BY PLACING ALASKA NATIVE LAND INTO TRUST |
11 Florida A & M University Law Review 333 (Spring, 2016) |
301 Introduction. 303 I. The Present Scheme of Native Land Ownership in Alaska. 305 A. The Legal Trajectory of Native Land Ownership in Alaska. 306 1. The Alaska Native Claims Settlement Act. 307 2. The Venetie Indian Country Decision. 309 B. The Practical Impact of ANCSA. 311 1. Poverty in Rural Alaska. 311 2. Policing Rural Alaska. 313... |
2016 |
| Darryll M. Halcomb Lewis |
THE CREATION OF A HOSTILE WORK ENVIRONMENT BY A WORKPLACE SUPERVISOR'S SINGLE USE OF THE EPITHET "NIGGER" |
53 American Business Law Journal 383 (Summer, 2016) |
Far more than a mere offensive utterance, the word nigger is pure anathema to African-Americans. Perhaps no single act can more quickly alter the conditions of employment and create an abusive working environment than the use of an unambiguously racial epithet such as nigger by a supervisor in the presence of his subordinates. This article... |
2016 |
| James S. Burns |
THE CROWN LANDS TRUST: WHO WERE, WHO ARE, THE BENEFICIARIES? |
38 University of Hawaii Law Review 213 (Winter, 2016) |
In his 2008 book Who Owns the Crown Lands of Hawai'i?, Professor Jon M. Van Dyke asked: What was the trust status of the Crown Lands before the [1893] overthrow? Assuming Professor Van Dyke intended to use the word Monarchs rather than Monarchy, this paper agrees with Professor Van Dyke's answer that a law enacted in 1865 took away the... |
2016 |
| Geneva E.B. Thompson |
THE DOUBLE-EDGED SWORD OF SOVEREIGNTY BY THE BARREL: HOW NATIVE NationS CAN WIELD ENVIRONMENTAL JUSTICE IN THE FIGHT AGAINST THE HARMS OF FRACKING |
63 UCLA Law Review 1818 (August, 2016) |
Natural resource extraction has become an appealing form of economic growth for many Native nations. Nations have experienced booming economic growth and prosperity from oil and gas development, but this has come at the expense of environmental and social harms to their communities. These environmental and social harms develop because the oil and... |
2016 |
| Carmen G. Gonzalez |
THE ENVIRONMENTAL JUSTICE IMPLICATIONS OF BIOFUELS |
20 UCLA Journal of International Law and Foreign Affairs 229 (Spring, 2016) |
Analyses of the viability of biofuels as alternatives to fossil fuels have often adopted a technocratic approach that focuses on environmental consequences, but places less emphasis on the impact that biofuels may have on vulnerable populations. This Article fills the gap in the existing literature by evaluating biofuels through the lens of... |
2016 |
| Samit D'Cunha |
THE FIRST PLAGUE: THE DENIAL OF WATER AS A FORCIBLE TRANSFER UNDER INTERNationAL HUMANITARIAN LAW |
24 Michigan State International Law Review 279 (2016) |
Introduction. 279 I. Determination of the Applicable Law in the West Bank. 282 II. The Scope of Deportation & Forcible Transfers Under Article 49 of the Fourth Geneva Convention. 287 III. Water Regulation in the West Bank. 292 A. Appropriation of Water Resources in the Aftermath of the Six Day War. 293 B. Water Regulation Under the Oslo Accords and... |
2016 |
| Liz Darling Edmondson |
THE INCORPORATION OF HEALTH IMPACT ANALYSIS INTO LAND USE REGULATION: USING HEALTH IMPACT ASSESSMENTS TO PROMOTE SUSTAINABLE, HEALTHY COMMUNITIES |
8 Kentucky Journal of Equine, Agriculture, and Natural Resources Law 43 (2015-2016) |
A variety of health conditions are increasingly being connected to land use decision-making. Land use decisions, or policies that encourage suburban sprawl, can contribute to various adverse health impacts derived from neighborhoods that are not conducive to physical activity and increased traffic congestion that contributes to air pollution. Other... |
2016 |
| Nicole Zub |
THE NATURE OF EQUALITY: PROMOTING ENVIRONMENTAL JUSTICE IN KENTUCKY VIA THE FAIR HOUSING ACT |
8 Kentucky Journal of Equine, Agriculture, and Natural Resources Law 591 (2015-2016) |
Across the United States, certain communities are subjected to more environmental hazards and pollution than others. A visit to any of the major cities will illuminate the disparities in living and working conditions for particular neighborhoods and populations. Despite that state environmental agencies are subject to Title VI of the Civil Rights... |
2016 |
| Michael Hozik |
THE OLYMPIC GAMES: A GLOBAL STAGE FOR ENVIRONMENTAL ACTIVISM AND PROGRESS |
8/22/2016 Georgetown Environmental Law Review Online 1 (August 22, 2016) |
The 1994 Winter Olympics in Lillehammer, Norway were the first Olympic Games to explicitly include environmental considerations while preparing for and hosting of the Olympic Games. Since then, the International Olympic Committee (IOC) has updated its charter to encourage and support a responsible concern for environmental issues, to promote... |
2016 |
| Lécia Vicente |
THE TALE OF THE SILVER FOX: THE CO-EVOLUTION OF PROPERTY RIGHTS AND CONTRACTUAL ARRANGEMENTS IN LIMITED LIABILITY COMPANIES |
26 Southern California Interdisciplinary Law Journal 189 (Fall, 2016) |
[W]hen we compare the dray-horse and race-horse, the dromedary and camel, the various breeds of sheep fitted either for cultivated land or mountain pasture, with the wool of one breed good for one purpose, and that of another breed for another purpose; when we compare the many breeds of dogs, each good for man in different ways; when we compare... |
2016 |
| Gavin Clarkson , Alisha Murphy |
TribAL LEAKAGE: HOW THE CURSE OF TRUST LAND IMPEDES TribAL ECONOMIC SELF-SUSTAINABILITY |
12 Journal of Law, Economics & Policy 177 (Spring 2016) |
Gallup, New Mexico, is a border town just outside the Navajo Nation reservation with an estimated 22,000 residents; however, that number nearly triples on the first of the month. Social Security checks are distributed to elders and veterans on the first of the month, and most tribal members have neither access to a local bank nor sufficient... |
2016 |
| Kayla Kelly-Slatten |
UNCITRAL TRANSPARENCY: AN EXAMINation OF THE 2014 INTERNationAL ARBITRATION TRANSPARENCY RULES AND THEIR EFFECT ON INVESTOR-STATE ENVIRONMENTAL DISPUTES AND ECONOMIC FAIRNESS |
8 Yearbook on Arbitration and Mediation 94 (2016) |
In 2002, Pacific Rim Mining Corporation (now owned by OceanaGold) began exploring gold mining in the Central American country El Salvador. Six years later, due to extreme public outcry regarding the polluted and depleted drinking water, Salvadoran President Elías Antonio Saca banned mineral mining, and denied all permits, including Pacific Rim's.... |
2016 |
| Jason W. Jutz |
UTILITY AIR REGULATORY GROUP v. ENVIRONMENTAL PROTECTION AGENCY: THE APOTHEOSIS OF IMPLICIT BIAS IN THE SUPREME COURT OF THE UNITED STATES OF AMERICA AGAINST ENVIRONMENTAL INTERESTS AND THEIR ADVOCATES |
12 Journal of Animal & Natural Resource Law 53 (May, 2016) |
So confident am I in the intentions, as well as wisdom, of the government, that I shall always be satisfied that what is not done, either cannot, or ought not to be done. While I have a rather great respect for Thomas Jefferson, on this occasion, I do not share his view .. I take particular note of the epic failure by the Supreme Court of the... |
2016 |
| Caspar S. Miller |
A STATE OF INJUSTICE: APPLICATION OF AMERICAN ENVIRONMENTAL JUSTICE MOVEMENT PRINCIPLES TO SUB-SAHARAN AFRICA |
36 Whittier Law Review 333 (Winter 2015) |
As society progresses in technology and industry, the greater the demand and stress upon the environment to fuel this advancement. Unfortunately, there is an end to every road, a place where waste and byproducts of industry go -- to facilities such as landfills, industrial plants, truck depots, or hazardous waste sites. Unsurprisingly, these sites... |
2015 |
| McCall Baugh |
AN UNFULFILLED PROMISE: HOW NationAL SECURITY DEFERENCE ERODES ENVIRONMENTAL JUSTICE |
8 Golden Gate University Environmental Law Journal 81 (Spring, 2015) |
Environmental justice proponents seek equal treatment of every community regardless of color or socio-economic status. In particular, advocates highlight the environmental hazards that disproportionately affect low-income and minority communities. Much like other civil rights and environmental causes, environmental justice enjoyed an auspicious,... |
2015 |
| Sarah Schindler |
ARCHITECTURAL EXCLUSION: DISCRIMINation AND SEGREGATION THROUGH PHYSICAL DESIGN OF THE BUILT ENVIRONMENT |
124 Yale Law Journal 1934 (April, 2015) |
The built environment is characterized by man-made physical features that make it difficult for certain individuals-- often poor people and people of color--to access certain places. Bridges were designed to be so low that buses could not pass under them in order to prevent people of color from accessing a public beach. Walls, fences, and highways... |
2015 |
| Ann M. Eisenberg |
BEYOND SCIENCE AND HYSTERIA: REALITY AND PERCEPTIONS OF ENVIRONMENTAL JUSTICE CONCERNS SURROUNDING MARCELLUS AND UTICA SHALE GAS DEVELOPMENT |
77 University of Pittsburgh Law Review 183 (Winter, 2015) |
The debate surrounding the use of hydraulic fracturing (also known as fracking or HF) to extract natural gas from the Marcellus and Utica Shale deposits is often characterized as a tension between economic development and environmental risks. However, frequently missing from this dichotomy is the fact that the concerns of many who oppose HF use... |
2015 |
| Christopher K. Warren |
BLOWING THE WHISTLE ON ENVIRONMENTAL LAW: HOW CONGRESS CAN HELP THE EPA ENLIST PRIVATE RESOURCES IN THE FIGHT TO SAVE THE PLANET |
42 Boston College Environmental Affairs Law Review 195 (2015) |
Following the 2008 financial crisis, regulators faced the task of returning the country to financial stability and protecting consumers. Given the challenges involved, Congress empowered the SEC and the CFTC, through the Dodd-Frank Act, to encourage whistleblowers to come forward through programs that provide significant financial rewards... |
2015 |
| Gregg P. Macey |
BOUNDARY WORK IN ENVIRONMENTAL LAW |
53 Houston Law Review 103 (Fall, 2015) |
This Article introduces a new approach to environmental law, which I refer to as boundary work. Legal scholars organize environmental law around a series of boundary disputes. These include: federalism, beginning with the matching principle and the appropriate scale of response to pollution; statutory interpretation, including federal power to... |
2015 |
| Mallory Irwinsky |
COALBED METHANE DEVELOPMENT IN WYOMING AND MONTANA: THE POTENTIAL IMPACTS OF MONTANA V. WYOMING, COALBED METHANE DEVELOPMENT, AND WATER QUALITY ON THE TribES OF THE POWDER RIVER AND WIND RIVER BASINS |
39 American Indian Law Review 553 (2014-2015) |
For the past few decades, the production of coalbed methane (CBM) across the United States has grown as the demand for fuel has increased across the nation, coupled with a desire for cleaner-burning energy sources. CBM, a form of natural gas, is not only cheaper to produce than conventional natural gas, but it is touted as a clean energy... |
2015 |
| Jootaek Lee |
CONTEMPORARY LAND GRABBING: RESEARCH SOURCES AND BIBLIOGRAPHY |
107 Law Library Journal 259 (Spring, 2015) |
This article investigates issues related to contemporary land grabbing. First it defines contemporary land grabbing and identifies the difficulties of research. Next, it delineates various mechanisms and international principles that can be useful in protecting those affected by contemporary land grabs. Finally, it selectively reviews current... |
2015 |
| Jessica Embree |
CRIMINALIZING LAND-GRABBING: ARGUING FOR ICC INVOLVEMENT IN THE CAMBODIAN LAND CONCESSION CRISIS |
27 Florida Journal of International Law 399 (December, 2015) |
I. Introduction. 399 II. History of Land-Grabbing. 402 III. Current Legal Framework in Cambodia. 404 A. Land Ownership Rights for Individuals. 404 B. Land Ownership Rights for Indigenous Communities. 405 C. Legal Framework and Procedures for Land Concessions. 406 D. Methods of Redress for Land Right Disputes. 408 IV. The International Criminal... |
2015 |