| Author | Title | Citation | Summary | Year |
| Zachary Handler |
SAVIOR, VILLAIN, OR VICTIM? CONSIDERING CLIMATE CHANGE IN HYDROPOWER LICENSING |
55 Environmental Law Reporter (ELI) 10390 (July/August, 2025) |
Hydropower has a fundamental tension: it both is potentially very useful for mitigating climate change and contributes to many other environmental problems. In the United States, hydropower is the second-largest source of renewable electricity generation, creating 27% of renewable generation though only 6% of total U.S. power generation. The U.S.... |
2025 |
| Bridget J. Crawford |
SEVEN WAYS OF LOOKING AT THE CLIMATE CRISIS |
43 Pace Environmental Law Review 1 (Fall, 2025) |
This essay introduces the symposium issue of the Pace Environmental Law Review featuring seven works written in connection with the March 2025 conference on Taxation, the Environment, and Climate Change. This essay identifies and explores three common themes in the articles: (1) the role of taxation in environmental protection, (2) the tax law's... |
2025 |
| Claire Lingley |
SHIFTING CURRENTS: THE NEXUS BETWEEN MAJOR PROJECT DEVELOPMENT, WATER, AND INDIGENOUS ENGAGEMENT |
56 ABA Trends 4 (July/August, 2025) |
Canada's regulatory framework for major projects is both divided and overlapping: municipalities govern stormwater, zoning, and infrastructure; the federal government has jurisdiction over fish and fish habitats, oceans and boundary waters, and transboundary impacts; and provinces, where most water-related regulation occurs, has the primary... |
2025 |
| Nathan Lee |
SHOULD CENTRAL PARK HAVE STANDING? |
15 Arizona Journal of Environmental Law & Policy 259 (Summer, 2025) |
Expanding conceptions of legal personhood and the pressing need for creative approaches to remedying environmental damage have led to a resurgence in the Rights of Nature Doctrine. Under the Rights of Nature framework, the environment itself becomes a plaintiff with recognizable rights and causes for action. The Rights of Nature literature has thus... |
2025 |
| Madeleine L. Kim |
SOLVING STANDING IS SIMPLY THE START: CLIMATE LITIGATION LESSONS LEARNED FROM THE EVOLUTION OF RIGHTS OF NATURE |
34 Minnesota Journal of International Law 307 (Fall, 2025) |
The global climate crisis continues to worsen. The Sixth Synthesis Report issued by the Intergovernmental Panel on Climate Change in 2023 unequivocally stated that [w]idespread and rapid changes in the atmosphere, ocean, cryosphere and biosphere have occurred and that [h]uman-caused climate change is already affecting many weather and climate... |
2025 |
| Brent D. Chicken, Tanner M. Boyzuick |
SOVEREIGN LANDS |
10 One J: Oil and Gas, Natural Resources, and Energy Journal 487 (February, 2025) |
C1-2Table of Contents I. Introduction. 487 II. Federal Regulatory Developments. 488 A. Amendments to and Issuance of Agency Rules. 488 B. Executive Action. 491 III. Judicial Developments. 493 A. Moratorium on Leases. 493 B. Royalty Calculations on Tribal Lands. 495 C. Administrative Procedures and Environmental Justice. 495 D. Trespass on Tribal... |
2025 |
| Abre' Conner |
SPEAKING UP TO STOP THE CLIMATE CRISIS: HOW THE FIRST AMENDMENT AND EQUAL PROTECTION PROVISIONS CAN AMPLIFY ADVOCACY FOR FRONTLINE COMMUNITIES |
72 Drake Law Review 277 (2025) |
This Article explores the need for an interdisciplinary approach to climate advocacy. Frontline communities in the United States watch as court decisions erode their legal protections, and they bear the burden of disproportionate pollution. Environmental justice activists are speaking out, and these advocates are also educating the public of their... |
2025 |
| LaShandra Sullivan , Department of Anthropology, Northwestern University, Evanston, Illinois, USA |
SPIRIT OWNERS, ETHNO-RACIAL CRITIQUE, AND INDIGENOUS LAND STRUGGLE IN BRAZIL |
48 PoLAR: Political and Legal Anthropology Review 1 (May, 2025) |
Received: 7 December 2023 | Revised: 21 October 2024 | Accepted: 23 November 2024 Keywords: Brazil | indigeneity | land | property | race This article ethnographically explores how the land conflict between Indigenous protesters and agribusiness complexes in Brazil offers insights for critically reevaluating matters of property and... |
2025 |
| Tyler Mebane |
STANDING IN THE WRONG LINE: NAVAJO NATION WATER RIGHTS AFTER ARIZONA v. NAVAJO NATION |
57 Arizona State Law Journal 353 (Spring, 2025) |
Close to a thousand years ago, the ancestors of the Navajo Nation arrived in what would become the American Southwest. They settled in the Colorado River basin, using the river's water to support agriculture and establish a homeland for themselves in the region. Pushed out by the encroachment of the United States as it expanded West, the Navajo... |
2025 |
| Ying Zhu |
STATE RESPONSIBILITY FOR CLIMATE INACTION IN INTERNATIONAL INVESTMENT LAW |
44 Stanford Environmental Law Journal 104 (2025) |
What is state responsibility under international law for failing to take climate action? The existing literature and state practice have primarily focused on international environmental law and human rights law to address this question. This paper explores state responsibility for climate inaction under international investment law. The existing... |
2025 |
| Natalia Urzola, Nicholas A. Robinson, Léonore Gaboardi Carandell, Daye Chen, Bryce Clark, Madison Routledge Pettus |
STATE RESPONSIBILITY FOR DISRUPTING EARTH'S CLIMATE SYSTEM: ANTICIPATING THE ICJ ADVISORY OPINION |
55 Environmental Law Reporter (ELI) 10073 (January/February, 2025) |
In 2025, the International Court of Justice (ICJ) will deliver an advisory opinion on the legal obligations of nations with respect to the mounting damage caused by climate change. This ruling will definitively restate applicable international law, provide a basis for new global policy decisions within the U.N. General Assembly, and provide a... |
2025 |
| Temple Stoellinger, Bryan Leonard, Travis Brammer, Shawn Regan, Jonathan Wood |
STATE TRUST LAND REVENUE DIVERSIFICATION THROUGH CONSERVATION |
2025 Utah Law Review 1 (2025) |
Western states oversee tens of millions of acres of state trust lands granted to them by the federal government more than a century ago to fund public education and other public services. Traditionally, these lands have been leased for energy development, timber harvesting, livestock grazing, and other consumptive uses to generate income for the... |
2025 |
| Sadie C. Pate |
STOLEN STREAMS: TRIBAL WATER RIGHTS AND JUDICIAL TAKINGS |
49 Harvard Environmental Law Review 655 (2025) |
Tribal water rights are fundamental to tribal existence and self-determination. Yet, despite treaty protection and federal recognition of these rights for over a century, tribal communities still struggle to realize their water rights. Forced to litigate in state courts under the McCarran Amendment, tribes frequently see those rights systematically... |
2025 |
| Lance D. Collins, Bianca Isaki |
SURVEY OF HAWAI'I ENVIRONMENTAL CASES SINCE 2009 |
29-JUL Hawaii Bar Journal 4 (July, 2025) |
Hawai'i's environmental jurisprudence has evolved significantly over the past fifteen years, driven by heightened public awareness, legislative reforms, and judicial clarification of constitutional, statutory, and public trust principles. Two landmark statutory changes helped shape this development: Act 218 (2014), which created Hawai'i's... |
2025 |
| Christine Paul |
THE CHILDREN LEFT BEHIND |
40-FALL Natural Resources & Environment 42 (Fall, 2025) |
Exposure to hazardous waste during fetal development and early childhood represents a critical yet underexamined dimension of environmental justice. In communities burdened by industrial pollution, inadequate regulatory oversight, and proximity to hazardous sites, both pregnant individuals and their children face increased risk of adverse health... |
2025 |
| M. Thomas Yang |
THE CLOBES CONUNDRUM: WHY MULDROW SHOULD NOT APPLY TO HOSTILE WORK ENVIRONMENT CLAIMS AND HOW THE EIGHTH CIRCUIT GOT IT RIGHT |
90 Missouri Law Review 635 (Spring, 2025) |
In 2024, the Supreme Court held that an employee does not have to prove material harm to prevail on a discrimination claim under Title VII. Because hostile work environment claims also derive from Title VII, courts and litigants are currently grappling with whether this ruling upends the long-standing severe or pervasive doctrine. This Note... |
2025 |
| David Handelman-Holmes |
THE DORMANT POWER OF STATE AGENCIES TO FIGHT ENVIRONMENTAL RACISM |
123 Michigan Law Review 927 (March, 2025) |
C1-2Table of Contents Introduction. 929 I. The Origin of Environmental Justice's Enforcement Gap. 933 A. The Failure of Federal Civil Rights Law to Address Environmental Justice. 934 B. What's Left? Procedure, Not Substance. 937 II. In Flint, a Path Forward Using State Agencies' Existing Permitting Authority. 939 A. A Factory Is Built in an Ailing... |
2025 |
| Dr. Taino J. Palermo |
THE EROSION OF TRUST: ARIZONA v. NAVAJO, CLIMATE CHANGE, AND THE POTENTIAL ABROGATION OF TRIBAL WATER RIGHTS |
30 Roger Williams University Law Review 47 (Winter, 2025) |
The Supreme Court's ruling in Arizona v. Navajo Nation represents a pivotal moment in the ongoing struggle for tribal water rights in the United States. This decision not only impacts the Navajo Nation, but also sets a significant judicial precedent with far-reaching implications for the future of treaty-protected water rights. The Court's ruling... |
2025 |
| Erin Ryan |
THE FOUR HORSEMEN OF THE NEW SEPARATION OF POWERS: THE ENVIRONMENTAL LAW IMPLICATIONS OF WEST VIRGINIA, SACKETT, LOPER BRIGHT, AND CORNER POST |
109 Minnesota Law Review 2839 (June, 2025) |
This Article explores how several of the Supreme Court's most recent environmental decisions--West Virginia v. EPA, Sackett v. EPA, and Loper Bright v. Raimondo--will shift the constitutional balance of power, and how the polity might respond. Under the pretense of safeguarding legislative power, they consolidate judicial power to decide regulatory... |
2025 |
| Deborah A. Sivas |
THE FUTURE OF ENVIRONMENTAL JUSTICE CLAIMS UNDER TITLE VI: CAN THE ""SLEEPING GIANT" FINALLY BE AWAKENED? |
21 Stanford Journal of Civil Rights & Civil Liberties 105 (May, 2025) |
Title VI of the Civil Rights Act of 1964 has long been touted as a mechanism to combat environmental injustice. Federal agencies have interpreted the law to forbid federally funded activities that result in a discriminatory racial effect--or disparate impact. In response, practitioners have urged EPA to utilize Title VI's administrative complaint... |
2025 |
| Keith H. Hirokawa , Cinnamon Carlarne Hirokawa , Lauren A. VanWagoner |
THE INEVITABILITY OF LOCAL ENVIRONMENTAL LAW |
36 Fordham Environmental Law Review 218 (Symposium 2025) |
The United States is entering a new era of environmental law. Within the first few months of President Trump's second term in office, the administration issued a mass of executive orders, memoranda and policy changes that seek to peel back environmental protections, in many cases, to the point of erasure. The administration shuttered entire... |
2025 |
| Gabriele Wadlig |
THE INTERNATIONAL LAW OF LAND (GRABBING): HUMAN RIGHTS AND DEVELOPMENT IN THE CONTEXT OF RACIAL CAPITALISM |
25 Chicago Journal of International Law 479 (Winter, 2025) |
This article investigates the concept of tenure security within international law, emphasizing the global legal architectures that influence and shape land tenure governance at the intersections of international human rights law and development. By tracing the evolution of tenure security from colonial practices to modern development paradigms, the... |
2025 |
| Nazune Menka |
THE LANDBACK MOVEMENT |
39-WTR Natural Resources & Environment 23 (Winter, 2025) |
The LandBack movement is an Indigenous-led response to the machinations of settler colonialism that has dispossessed Indigenous peoples and Native nations from their ancestral homelands. The movement's goals typically focus on Indigenous peoples regaining control of their ancestral lands--either through restored access and management rights or... |
2025 |
| Emily Hammond |
THE LIMITS--AND THE CREATIVITY CHALLENGE--OF INDUSTRIAL POLICY FOR CLIMATE AND JUSTICE |
55 Environmental Law 539 (Summer, 2025) |
During the Biden Administration, industrial policy became the central means for making progress on both climate change and social justice. This Article, prepared for the Environmental Law Review's Spring Symposium, uses the frame of Joanna Macy's Great Turning to critique the use of industrial policy as a means of promoting enduring systemic change... |
2025 |
| Larissa Speak |
THE ONONDAGA NATION'S LAND CLAIM: RIGHTS WITHOUT A REMEDY? |
13 American Indian Law Journal 21 (May, 2025) |
C1-3Table of Contents I. Overview. 1 II. Introduction. 3 III. Overview of the Onondaga Ancestral Lands and Land Claim. 6 IV. The Marshall Trilogy. 10 V. Oneida II, County of Sherrill, Cayuga and the Onondaga Nation's Land Claim. 13 VI. Recognition of Indigenous Rights by International Law. 17 VII. Conclusion. 20 |
2025 |
| Ryan A. Semerad |
THE POLITICAL QUESTION OF PUBLIC LANDS |
25 Wyoming Law Review 271 (2025) |
I. Introduction. 272 II. Background. 274 III. The Judicial Power. 282 IV. The Constitution and Power over Public Lands. 287 A. How to Read the Constitution. 287 B. The Constitutional Allocation of Power over Public Land. 293 1. The Power to Acquire Land. 294 2. Justice John McKinley, Pollard's Lessee v. Hagan, and The Equal Footing Mirage. 296 3.... |
2025 |
| Wendy Erickson |
THE POWER OF SUBNATIONAL ACTORS IN ENFORCEMENT OF THE CONVENTION ON LONG-RANGE TRANSBOUNDARY AIR POLLUTION |
34 Minnesota Journal of International Law 281 (Fall, 2025) |
The Geneva Convention on Long-Range Transboundary Air Pollution (CLRTAP) was adopted in 1979 and continues to serve as the preeminent international framework for transboundary air pollution. The international community has used a range of multilateral and bilateral cooperative arrangements to address international movement of harmful pollutants.... |
2025 |
| Rhett B. Larson |
THE PRIVATE SECTOR'S ROLE IN ARIZONA'S WATER FUTURE |
44 Stanford Environmental Law Journal 243 (2025) |
Professor Buzz Thompson's book Liquid Asset explores the critical partnership between the public and private sectors in water management. Water management has taken center stage in Arizona, where Colorado River shortages, groundwater depletion, and persistent water rights litigation has placed national media attention on the state. The principles... |
2025 |
| |
THE ROLE OF MARINE CO2 REMOVAL IN COMBATING CLIMATE CHANGE |
55 Environmental Law Reporter (ELI) 10005 (January/February, 2025) |
Combating climate change requires not only rapid reduction of greenhouse gas emissions, but also removal of significant amounts of carbon dioxide (CO2) from the atmosphere. CO2 removal (CDR) comes in many different forms, but climate scientists and policymakers are focusing on the potentially important role of large-scale use of emerging... |
2025 |
| Christine Paul |
THE TOXIC DIVIDE: INTERNATIONAL WASTE DUMPING AND THE FIGHT FOR ENVIRONMENTAL EQUITY |
26 Vermont Journal of Environmental Law 120 (Winter, 2025) |
INTRODUCTION. 121 I. HISTORY OF DOMESTIC ENVIRONMENTAL DISCRIMINATION. 121 II. INTERNATIONAL ENVIRONMENTAL DISCRIMINATION. 123 III. INTERNATIONAL INCIDENTS SPARK PUBLIC OUTCRY. 125 IV. TOXIC WASTE OVERVIEW. 126 V. RELEVANT TREATIES AND THEIR WEAKNESSES. 128 A. The Basel Convention on the Control of Transboundary Movements. 128 B. The Bamako... |
2025 |
| James J. Vinch |
THE UNEXPECTED IMPLICATIONS OF SACKETT v. EPA ON WATER QUANTITY ALLOCATIONS IN THE ARID WEST |
52 Ecology Law Quarterly 193 (2025) |
Water moves over the earth according to the hydrologic cycle and can be best understood as an integrated system. However, the law often artificially segregates the hydrologic cycle into its component parts for regulatory purposes. The Clean Water Act is an example of a statute which separates water quality--which is regulated jointly by the federal... |
2025 |
| Sara K. Van Norman |
THE WAY BACK HOME: THE INDIAN LAND TENURE FOUNDATION'S SURVEY OF TRIBAL LAND-BACK PROJECTS ACROSS THE UNITED STATES |
53 Urban Lawyer 7 (January, 2025) |
There are many analyses of the violent and centuries-long American project to take Indian lands from tribes. There are also concerted and high-profile federal initiatives, driven by tribal partnership, lobbying, and litigation, that have arisen over the past several decades that serve to facilitate consolidation and reacquisition of tribal lands.... |
2025 |
| Allan T. Marks |
THINK GLOBALLY AND ACT LOCALLY: COLLABORATION ACROSS BORDERS TO ADDRESS CLIMATE CHANGE |
53 Denver Journal of International Law and Policy 303 (Spring, 2025) |
Climate change is a global challenge. International cooperation is essential yet insufficient. This tension is evident in negotiations of international climate agreements and at global climate conferences. In this context, it is worth asking why international law has so far failed sufficiently to address the global challenge of climate change and... |
2025 |
| Will Miller |
THIS LAND IS OUR LAND: ADDRESSING FOREIGN OWNERSHIP OF AGRICULTURAL LAND IN THE UNITED STATES |
17 Kentucky Journal of Equine, Agriculture, and Natural Resources Law 83 (2024-2025) |
The United States is quietly divesting itself of one of its most useful and non-renewable resources: agricultural land. Foreign holdings of agricultural land in the United States (interests in agricultural land held by foreign investors) have increased considerably throughout the twenty-first century. Foreign persons owned 15.3 million acres of... |
2025 |
| Daniel A. Farber |
TOWARD A FUTURE-FACING CLIMATE POLICY: SHIFTING THE FOCUS FROM EMISSION REGULATION TO THE ENERGY TRANSITION |
50 Columbia Journal of Environmental Law 1 (2025) |
This Article provides a systems analysis of climate change policy that links together subsystems relating to innovation, energy economics, interest group politics, and government regulation. It is easy but misleading to equate climate policy with emissions regulation. That is too narrow a frame. We urgently need a new energy system because of... |
2025 |
| Susan Lea Smith , Darlene Sanderson |
TRANSFORMING WATER: THE EMERGING PARADIGM OF WATER JUSTICE ETHICS |
55 Environmental Law 303 (Spring, 2025) |
This Essay calls for a critical transformation in humanity's relationship with water, shifting away from the dominant western paradigm of sustainable integrated water resources management (IWRM) to water justice ethics, a life-affirming ethical relationship with water. The sustainable IWRM paradigm is superior to earlier twentieth century versions... |
2025 |
| Ivy K. Chase |
TRIBAL AUTHORITY TO ISSUE SEARCH WARRANTS TO NON-TRIBAL ENTITIES OR ON NON-INDIAN LAND WITHIN RESERVATION BOUNDARIES |
49 American Indian Law Review 15 (2025) |
At a U.S. Senate hearing for the Committee on Indian Affairs in 2010, Sen. Jon Tester said, We have had many, many hearings in this Committee about public safety and the crime rate and what is going on in Indian Country. All of it is very distressing. Communities within Indian Country face some of the most dangerous living conditions in the... |
2025 |
| Sydney Simmons |
TURNING UP THE HEAT: DISABILITY, RACE, AND ENVIRONMENTAL JUSTICE IN THE SOUTH |
19 Southern Journal of Policy and Justice 59 (May, 2025) |
C1-2Contents Contents 1 TURNING UP THE HEAT: DISABILITY, RACE, AND ENVIRONMENTAL JUSTICE IN THE SOUTH 3 ABSTRACT 3 INTRODUCTION 3 BACKGROUND 5 A. HISTORICAL CONTEXT: REDLINING AND ENVIRONMENTAL INJUSTICE 5 B. WHY DISABLED BLACK COMMUNITY ARE ESPECIALLY VULNERABLE 9 C. LEGAL CONTEXT FOR VULNERABILITY 10 ANALYSIS 20 A. THEORETICAL FRAMEWORK 20 B.... |
2025 |
| Jordann Krouse |
UNDER THE UMBRELLA OF WATER LAW: WHY RAINWATER HARVESTING SHOULD CONSTITUTE A VALID WATER RIGHT |
100 Washington Law Review 545 (June, 2025) |
Abstract: Rain is a major source of water. It provides for our greatest needs, such as feeding our gardens, crops, rivers, and lakes. As global climate change continues to unfold, the impacts of water availability and water pollution simultaneously grow more urgent. Water rights are a mechanism in the United States' legal system to allocate,... |
2025 |
| Dr. Cynthia Swann |
UNEQUAL GROUND: RURAL AMERICA'S LEGACY OF ENVIRONMENTAL RACISM AND EXPLOITATION |
51 Human Rights 49 (October, 2025) |
Environmental justice--the principle that all communities deserve equal protection from environmental harm regardless of race, income, or geography-- has too often been framed through an urban lens. Across America, from Appalachia and the Southeast to industrial and agricultural heartlands, and into the Pacific and Northern territories, rural... |
2025 |
| Frank Pommersheim , Bryce Drapeaux |
UNITED STATES v. SIOUX NATION OF INDIANS REVISITED: JUSTICE, REPAIR, AND LAND RETURN |
70 South Dakota Law Review 176 (2025) |
The amazing legal journey of this case begins in 1923 and ends with a Sioux Nation of Indians victory in the Supreme Court in 1980. Before reaching the Supreme Court, the case was litigated four different times before the Court of Claims because of the ineffective assistance of counsel and the necessity of a congressional statute to clear away... |
2025 |
| Nina-Simone Edwards |
UNVEILING THE ENVIRONMENTAL IMPACT OF LARGE LANGUAGE MODELS ON INDIGENOUS COMMUNITIES: A CALL FOR ACTION AND LIABILITY |
38 Tulane Environmental Law Journal 1 (Winter, 2025) |
Large Language Models (LLMs) have rapidly gained popularity for their language generation and comprehension capabilities, promising increased efficiency in various sectors. However, while celebrated for their transformative potential, LLMs exacerbate current climate issues. This Article highlights the detrimental environmental footprint of LLMs,... |
2025 |
| John P. LaVelle |
USES AND ABUSES OF JOHNSON v. M'INTOSH IN NATIVE AMERICAN LAND RIGHTS CASES: INVESTIGATIVE INSIGHTS FROM THE INDIAN LAW JUSTICE FILES |
86 Montana Law Review 281 (Summer, 2025) |
The 200th anniversary of the foundational Indian law decision Johnson v. M'Intosh has come and gone, with many scholars contributing criticism and commentary. The dominant focus has been the case's notorious embrace of the so-called doctrine of discovery, an odious theory for rationalizing European nations' claims of superior rights to lands... |
2025 |
| Vanessa Casado Pérez |
WATER FLOWING DOWN WALL STREET |
109 Minnesota Law Review 2749 (June, 2025) |
Water scarcity is a perennial problem with dire consequences for the United States and governments around the world. A lack of adequate water resources is a systematic cause of environmental harm, economic damage, and societal division. Climate change has exacerbated these problems making water even more valuable and essential. Financial actors... |
2025 |
| Robert Haskell “Bo” Abrams |
WATER GOVERNANCE AND WATER FUTURES IN THE UNITED STATES AND AUSTRALIA |
65 Natural Resources Journal 193 (Summer, 2025) |
The world's hydroclimate has become more extreme in the last several decades--a phenomenon described in technical terms as the loss of stationarity. Focusing particularly on the drought-induced stresses, this Article examines water governance in the American West and Australia seeking aspects in the laws, institutions, and approaches of each nation... |
2025 |
| Wesley James Furlong , Lori E. Blumenthal |
WATER KNOWS NO BOUNDARIES: TRIBAL JURISDICTION OVER NON-INDIANS' OFF-RESERVATION CONDUCT THAT THREATENS ON-RESERVATION TRIBAL WATER RESOURCES |
48 Public Land & Resources Law Review 109 (2025) |
It is also axiomatic that the quality of the natural environment on the Reservation impacts directly the health and welfare of the Tribes and the[ir] economic security. Pollution in the ground, air and water knows no boundaries and impacts Tribal, fee and allotted lands on the Reservation. It is extremely difficult to separate the effects of air... |
2025 |
| Victoria Sutton |
WE CAN PROTECT THE "WATERS OF THE UNITED STATES" AS LONG AS THEY STAY OUT OF THE HYDROLOGICAL CYCLE |
61 Idaho Law Review 89 (2025) |
The water cycle, including its oceans, surface water, wetlands, water vapor, clouds and groundwater, has resulted in a patchwork of statutes and regulations that fail to comprehensively protect the waters of the United States. This is not a simple fix, and requires Congressional positivism rather than decades of relying on the judicial branch... |
2025 |
| Wyatt G. Sassman |
WHAT'S LEFT OF ENVIRONMENTAL DEMOCRACY? |
49 Harvard Environmental Law Review 461 (2025) |
The foundations of environmental democracy--the laws and practices that give people a say in decisions that affect their environment--are crumbling. The permitting reform debate and pressures to build climate infrastructure have undermined confidence in the public's role in environmental policy, resulting in widespread calls to rethink the basic... |
2025 |
| Martin A. McCrory , Phoebe Jean-Pierre , Stephanie M.H. Moore , Paul Levy , Elise Boruvka |
WHAT'S THE GUY'S NAME ON SECOND . I DON'T KNOW: CERCLA, ENVIRONMENTAL HEALTH, ENVIRONMENTAL LIABILITY, AND GUAM |
31 Texas Journal on Civil Liberties & Civil Rights 68 (Fall, 2025) |
It really boils down to this: that all life is interrelated. We are all caught in an inescapable network of mutuality . The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was a hastily drafted statute meant to quell the growing public outcry after the discovery of massive amounts of hazardous substances located... |
2025 |
| Lana Aguon |
WHEN SMALL NATIONS LEAD: THE PACIFIC'S CLIMATE CASE TO THE WORLD'S HIGHEST COURT |
12/1/2025 Georgetown Environmental Law Review Online 1 (1-Dec-25) |
A landmark ICJ advisory opinion, driven by Pacific leadership, defines states' legal duties to address climate change and affirms the existential stakes for small island nations. Across the Pacific, the climate crisis is not a distant threat - it is a daily reality. Rising seas swallow ancestral shorelines, saltwater intrusion destroys crops and... |
2025 |