| Author | Title | Citation | Summary | Year |
| Eileen Gauna |
ENVIRONMENTAL LAW, CIVIL RIGHTS AND SUSTAINABILITY: THREE FRAMEWORKS FOR ENVIRONMENTAL JUSTICE |
19 Journal of Environmental and Sustainability Law 34 (Summer, 2012) |
Prominent environmental justice activist Deeohn Ferris once quipped, We are all in a sinking ship, people of color and poor are just closer to the hole. This metaphor captures the intuitive idea that we really cannot get to a sustainable level of development until we deal with the very hard set of issues that have been raised by those in the... |
2012 |
| Caitlin Shay |
FAST TRACK TO COLLAPSE: HOW ZIMBABWE'S FAST-TRACK LAND REFORM PROGRAM VIOLATES INTERNationAL HUMAN RIGHTS PROTECTIONS TO PROPERTY, DUE PROCESS, AND COMPENSATION |
27 American University International Law Review 133 (2012) |
INTRODUCTION. 134 I. BACKGROUND. 137 A. Zimbabwe's Post-Independence Land Reform Efforts. 138 B. The Right to Property Under the UDHR and the Banjul Charter. 140 C. Tension between the Zimbabwean judiciary and the SADC Tribunal regarding the legality of Amendments 16A and 16B. 143 II. ANALYSIS. 145 A. Amendments 16A and 16B violate the right to... |
2012 |
| Maria Greco Danaher |
FEDERAL APPELLATE COURT OUTLINES PARAMETERS FOR RACIALLY HOSTILE ENVIRONMENT |
14 No. 19 Lawyers Journal 9 (September 21, 2012) |
One of the issues most frequently litigated in employment cases is whether the remarks and actions of an employer rise to the level of the hostile work environment needed to support a claim of discrimination. The 10th U.S. Circuit Court of Appeals recently addressed this issue and provided some clarity to the definition. The court added its voice... |
2012 |
| Tiernan Mennen , Cynthia Morel |
FROM M'INTOSH TO ENDOROIS: CREATION OF AN INTERNationAL IndigenOUS RIGHT TO LAND |
21 Tulane Journal of International and Comparative Law 37 (Winter, 2012) |
Vestiges of colonial land regimes still plague both developing and industrialised societies and further marginalise vulnerable, indigenous populations worldwide. Recent progressive jurisprudence--in particular the Endorois case out of Kenya--has begun to change this landscape. This Article streamlines the debate on indigenous and native rights to... |
2012 |
| Charles J. Ten Brink |
GAYBORHOODS: INTERSECTIONS OF LAND USE REGULATION, SEXUAL MINORITIES, AND THE CREATIVE CLASS |
28 Georgia State University Law Review 789 (Spring, 2012) |
This Article advocates the municipal encouragement and maintenance of diversity, specifically the inclusion of sexual minorities, through changes in the traditional application of the forms of land use regulation. Bringing together previously distinct conversations about the societal goals of land use planning and the social value placed on... |
2012 |
| Kevin C. Foy |
HOME IS WHERE THE HEALTH IS: THE CONVERGENCE OF ENVIRONMENTAL JUSTICE, AFFORDABLE HOUSING, AND GREEN BUILDING |
30 Pace Environmental Law Review 1 (Fall 2012) |
Housing in the United States, at least prior to the recent economic downturn, came to be viewed as an investment that grew over time, and which could then be cashed in either for better housing or for other uses, much like a growth stock or savings account. But housing's fundamental purpose is to provide a decent place to live-a comfortable place... |
2012 |
| Rebecca M. Bratspies |
HUMAN RIGHTS AND ENVIRONMENTAL REGULATION |
19 New York University Environmental Law Journal 225 (2012) |
We can't manage effectively without trust. --Jane Lubchenko, NOAA Administrator, 2010 Because environmental regulators exercise vast discretion against a background of scientific uncertainty, the background assumptions they use to guide their decisionmaking are particularly influential. This article suggests that were federal regulators to view... |
2012 |
| Evan Barret Smith |
IMPLEMENTING ENVIRONMENTAL JUSTICE IN APPALACHIA: THE SOCIAL AND CULTURAL CONTEXT OF MOUNTAINTOP REMOVAL MINING AS SEEN THROUGH THE LENSES OF LAW AND DOCUMENTARIES |
4 William & Mary Policy Review 170 (Fall, 2012) |
Mountaintop removal is a form of mining that has major effects on the ecology and people of central Appalachia. The practice has gained increased attention from the U.S. Environmental Protection Agency (EPA) and popular cultural sources as an environmental justice issue. Recent decisions by the EPA incorporate an environmental justice analysis as... |
2012 |
| Dr. Derek Fincham |
JUSTICE AND THE CULTURAL HERITAGE MOVEMENT: USING ENVIRONMENTAL JUSTICE TO APPRAISE ART AND ANTIQUITIES DISPUTES |
20 Virginia Journal of Social Policy and the Law 43 (Fall 2012) |
What does justice require? This paper aims to spark a conversation about the role of justice in art and antiquities disputes by introducing the concept of cultural justice. Borrowing from a principle known as environmental justice, cultural justice allows the application of critical scrutiny to the law and norms that govern cultural heritage. The... |
2012 |
| William Boyd , Douglas A. Kysar , Jeffrey J. Rachlinski |
LAW, ENVIRONMENT, AND THE "NONDISMAL" SOCIAL SCIENCES |
8 Annual Review of Law and Social Science 183 (2012) |
law and psychology, science and technology studies, global governance, risk regulation Over the past 30 years, the influence of economics over the study of environmental law and policy has expanded considerably, becoming in the process the predominant framework for analyzing regulations that address pollution, natural resource use, and other... |
2012 |
| Lisa Vanhala |
LEGAL OPPORTUNITY STRUCTURES AND THE PARADOX OF LEGAL MOBILIZATION BY THE ENVIRONMENTAL MOVEMENT IN THE UK |
46 Law and Society Review 523 (September, 2012) |
This article examines the strategic legal activity of the environmental movement in the United Kingdom over the past twenty years. Environmental non-governmental organizations (NGOs) have increasingly turned to the courts in pursuit of their policy goals, despite significant losses on substantive legal issues, difficulties gaining standing and high... |
2012 |
| Jeannine Cahill-Jackson |
MOSSVILLE ENVIRONMENTAL ACTION NOW v. UNITED STATES: IS A SOLUTION TO ENVIRONMENTAL INJUSTICE UNFOLDING? |
3 No. 6 Pace International Law Review Online Companion 173 (May, 2012) |
Surrounded by an army of hazardous industrial facilities, the residents of the small town of Mossville, Louisiana try to hold onto their lives and their homes, where many of their families have lived for over a century, despite an onslaught of pollution. There are people [who] are getting sick; there are people who are dying because of what is... |
2012 |
| William L. Andreen |
OF FABLES AND FEDERALISM: A RE-EXAMINation OF THE HISTORICAL RATIONALE FOR FEDERAL ENVIRONMENTAL REGULATION |
42 Environmental Law 627 (Summer 2012) |
This Article responds to recent scholarship questioning the need for environmental statutes that place primary responsibility for regulation in the hands of the federal government. These claims are based, in part, upon assertions that state and local governments had made great progress on a number of pollution fronts before the major federal... |
2012 |
| Benjamin A. Kahn |
SEPARATE AND UNEQUAL: ENVIRONMENTAL REGULATORY MANAGEMENT ON Indian RESERVATIONS |
35-SPG Environs Environmental Law and Policy Journal 203 (Spring 2012) |
I. Introduction. 205 II. Statutory Obligations: The Federal Government Must Treat Tribes Like States. 206 A. Safe Drinking Water Act. 206 B. Clean Water Act. 207 C. Clean Air Act. 208 D. Federal Insecticide, Fungicide, and Rodenticide Act. 209 E. Solid Waste Disposal Act (the Resource Conservation and Recovery Act). 209 III. Fiduciary Obligations:... |
2012 |
| Chelsea M. Keeton |
SHARING SUSTAINABILITY: PREVENTING INTERNationAL ENVIRONMENTAL INJUSTICE IN AN AGE OF REGULATION |
48 Houston Law Review 1167 (Winter 2012) |
I. Introduction. 1168 II. The Pollution-Haven Hypothesis and the Advent of the U.S. Environmental Movement. 1171 A. The Pollution-Haven Hypothesis and Its Controversy. 1171 B. The Modern Environmental Movement in the United States. 1173 C. Evidence Surrounding the Hypothesis. 1176 D. The Other Side of the Pollution-Haven Hypothesis: Toxic Waste... |
2012 |
| Louis J. Kotzé , Rebecca Bates |
SIMILAR BUT DIFFERENT: COMPARATIVE PERSPECTIVES ON ACCESS TO WATER IN AUSTRALIA AND SOUTH AFRICA |
15 University of Denver Water Law Review 221 (Spring 2012) |
I. Introduction. 222 II. Grounding the Comparative Approach. 223 III. Focus, Key Terminology, and Assumptions. 226 IV. Environmental and Hydro-political Contexts. 228 A. South Africa. 228 B. Australia. 232 V. The Regulatory Frameworks. 235 A. South Africa. 235 1. Policy Framework. 235 2. Constitutional Provisions. 236 3. Statutory Framework. 239 4.... |
2012 |
| Joseph Lam |
SPURRING ON ENVIRONMENTAL JUSTICE THROUGH CAP AND TRADE |
2 Chicago-Kent Journal of Environmental and Energy Law 1 (2011-2012) |
As proposed cap and trade programs for greenhouse gases gain political traction because of their averred market-based efficiencies, many environmental justice advocates have expressed concern about localized effects from cap and trade hot spots. The Article analyzes the conflicts between market-based pollution trading systems, i.e., cap and trade... |
2012 |
| Lincoln L. Davies |
STATE RENEWABLE PORTFOLIO STANDARDS: IS THERE A "RACE" AND IS IT "TO THE TOP"? |
3 San Diego Journal of Climate & Energy Law 3 (2011-2012) |
I. Introduction. 4 II. Renewable Portfolio Standards. 10 A. The RPS. 13 B. RPS Design. 16 C. RPS Goals. 20 III. Regulatory Races. 24 A. Defining Regulatory Races. 24 B. Races to the Bottom. 30 C. Races to the Top. 38 IV. Conceptualizing RPS Races. 42 A. An Image. 43 B. A Mirror Image?. 44 V. Measuring RPS Races. 49 A. The Evidence. 50 B. Weighing... |
2012 |
| John C. Dernbach , Patricia E. Salkin , Donald A. Brown |
SUSTAINABILITY AS A MEANS OF IMPROVING ENVIRONMENTAL JUSTICE |
19 Journal of Environmental and Sustainability Law 1 (Summer, 2012) |
I. The Environmental Justice Foundation of Sustainable Development. 5 L1 A. Environmental Degradation Adversely Affects Human Well-Being. L25 B. Two Responses. 11 1. Sustainable Development. 11 2. Environmental Justice. 14 C. Sustainable Development as a Helpful Way of Framing Environmental Justice Issues. 17 II. How Sustainability Can Improve U.S.... |
2012 |
| Alex Geisinger |
THE BENEFITS OF DEVELOPMENT AND ENVIRONMENTAL INJUSTICE |
37 Columbia Journal of Environmental Law 177 (2012) |
Introduction. 178 I. Environmental Injustice and Its Regulation. 180 A. Environmental Injustice and Its Causes. 180 B. Regulation of Environmental Injustice. 184 1. Non Civil-Rights-Based Federal Regulation. 184 2. Civil Rights Law. 187 a. Title VI Regulation. 187 b. Private Rights of Action. 189 II. The Development Myth and Its Implications. 191... |
2012 |
| Daniel A. Farber |
THE BP BLOWOUT AND THE SOCIAL AND ENVIRONMENTAL EROSION OF THE LOUISIANA COAST |
13 Minnesota Journal of Law, Science & Technology 37 (Winter 2012) |
There, shockingly, along the grassy bayou bank, I can now make out a dozen or so old tombs, all in different stages of submersion, tumbling brick by brick into the bayou water . . . . The bayou is swallowing the dead here. This quote comes from a book, whose subtitle says it all: The Rich Life and Tragic Death of Louisiana's Cajun Coast. The... |
2012 |
| Nicholas A. Fromherz |
THE CASE FOR A GLOBAL TREATY ON SOIL CONSERVATION, SUSTAINABLE FARMING, AND THE PRESERVATION OF AGRARIAN CULTURE |
39 Ecology Law Quarterly 57 (2012) |
Soil is the foundation of life, yet the international community has all but ignored it in conservation efforts and legal reforms. Right under our feet we are losing topsoil at rates that far outpace nature's ability to keep up. Erosion, salinization, desertification, nutrient depletion, contamination-- these and other threats have conspired to take... |
2012 |
| Tom I. Romero, II J.D., PH.D. |
THE COLOR OF WATER: OBSERVATIONS OF A BROWN BUFFALO ON WATER LAW AND POLICY IN TEN STANZAS |
15 University of Denver Water Law Review 329 (Spring 2012) |
Prologue: The Brown Buffalo Awakens. 330 I. Stanza I. 335 II. Stanzas II and III. 339 III. Stanzas IV and V. 348 IV. Stanzas VI and VII. 354 V. Stanzas VIII and IX. 360 VI. Stanza X. 362 Conclusion: The Brown Buffalo Blue. 366 |
2012 |
| Joan D. Flocks |
THE ENVIRONMENTAL AND SOCIAL INJUSTICE OF FARMWORKER PESTICIDE EXPOSURE |
19 Georgetown Journal on Poverty Law and Policy 255 (Spring, 2012) |
Farmworkers in the United States are recognized as an environmental justice community. The farmworker population is low-income and primarily Hispanic, and is at a disproportionate risk from exposure to an environmental contaminant--pesticides. Farmworkers face distributional, procedural, corrective, and social challenges with this exposure, as is... |
2012 |
| Hari M. Osofsky, University of Minnesota Law School |
THE OXFORD HANDBOOK OF INTERNationAL ENVIRONMENTAL LAW. EDITED BY DANIEL BODANSKY, JUTTA BRUNNÉE, AND ELLEN HEY. OXFORD, NEW YORK: OXFORD UNIVERSITY PRESS, 2007. PP. XXVIII, 1080. INDEX. $225, £99, CLOTH; $98.50, £44, PAPER |
106 American Journal of International Law 715 (July, 2012) |
The Oxford Handbook of International Environmental Law, edited by Daniel Bodansky, Jutta Brunnée, and Ellen Hey, makes an important contribution to conceptualizing international environmental law as a distinct field and to exploring its contours. The book's editors are leading international law scholars with substantial backgrounds on the topic:... |
2012 |
| April Hendricks Killcreas |
THE POWER OF COMMUNITY ACTION: ENVIRONMENTAL INJUSTICE AND PARTICIPATORY DEMOCRACY IN MISSISSIPPI |
81 Mississippi Law Journal 769 (2012) |
L1-2Introduction . R3769. I. From Environmental Racism to Environmental Justice. 773 II. The Road to Environmental Justice: The Early Movement. 778 III. Environmental Injustice in Mississippi. 782 A. Turkey Creek--Harrison County, Mississippi. 782 B. Eastmoor Estates--Moorhead, Mississippi. 787 IV. Remedying the Injustice. 791 A. Legislative... |
2012 |
| David W. Case |
THE ROLE OF INFORMATION IN ENVIRONMENTAL JUSTICE |
81 Mississippi Law Journal 701 (2012) |
L1-2Introduction . R3701. I. Federal Environmental Justice Policy. 706 II. Federal Policy on Information and Environmental Justice. 718 III. Environmental Justice Information: Tools and Sources. 724 A. EPA's Environmental Justice Strategic Enforcement Assessment Tool (EJSEAT). 725 B. EPA's EJView. 729 C. EPA's Community Cumulative Assessment Tool... |
2012 |
| Alexander Kazazis |
THE WESTERN CLIMATE INITIATIVE: THE FATE OF AN EXPERIMENT IN SUBNationAL CROSS-BORDER ENVIRONMENTAL COLLABORATION |
37 Brooklyn Journal of International Law 1177 (2012) |
The atmospheric concentrations of greenhouse gases--chiefly carbon dioxide, methane, and nitrous oxide--are rising due to human activity. As their concentrations increase, the gases trap more solar heat, causing a gradual warming of the earth's climate system. Absent a change in policy, experts project that greenhouse gas (GHG) emissions will... |
2012 |
| Hallie L. Shipley |
THE WTI INCINERATOR: THE RCRA CITIZEN SUIT AND THE EMERGENCE OF ENVIRONMENTAL HUMAN RIGHTS |
2 Global Business Law Review 193 (Spring, 2012) |
The WTI Incinerator currently operates in East Liverpool, Ohio, burning toxic waste despite a district court ruling that held it posed an imminent and substantial risk to both human health and the environment. Unfortunately for the Ohio plaintiffs, the Circuit Court of Appeals in this case misinterpreted the RCRA Citizen suit provision, barring any... |
2012 |
| Kathleen Bonner |
TOXINS TARGETED AT MINORITIES: THE RACIST UNDERTONES OF "ENVIRONMENTALLY-FRIENDLY" INITIATIVES |
23 Villanova Environmental Law Journal 89 (2012) |
In the small, suburban, working-class town of Kennedy Heights, Texas, hundreds of individuals complain of rashes, headaches, and a water supply contaminated with oil and toxins. More serious health issues also plague these unsuspecting residents, such as cancerous brain tumors, cancer, lupus, birth defects, menstrual problems, and even death. As... |
2012 |
| Cameron Jefferies |
UNCONVENTIONAL BRIDGES OVER TROUBLED WATER - LESSONS TO BE LEARNED FROM THE CANADIAN OIL SANDS AS THE UNITED STATES MOVES TO DEVELOP THE NATURAL GAS OF THE MARCELLUS SHALE PLAY |
33 Energy Law Journal 75 (2012) |
I. Introduction. 76 II. The Emergence of Unconventional Fossil Fuel Sources. 78 A. Present Reliance on Fossil Fuel Energy and Forecasted Energy Needs. 78 B. Energy Security and Self-Sufficiency. 80 C. Interaction with Water Resources. 81 III. Understanding Unconventional Fuels. 82 A. The Canadian Oil Sands. 82 1. What Are the Oil Sands and How Are... |
2012 |
| Marcy Nicks Moody |
WARNING: MAY CAUSE WARMING |
65 Vanderbilt Law Review 1401 (October, 2012) |
I. Supermarket Semantics. 1402 II. The Architecture of Global Trade. 1404 A. A Brief History of the WTO. 1404 B. Gaps in Trade Governance: The Case of the Environment. 1411 C. The Gap Fillers: Private Environmental Governance. 1414 III. Edges of the Architecture: WTO's Jurisdictional Analysis. 1416 A. Basis of the Dispute. 1416 1. Violations,... |
2012 |
| Raina Wagner |
ADAPTING ENVIRONMENTAL JUSTICE: IN THE AGE OF CLIMATE CHANGE, ENVIRONMENTAL JUSTICE DEMANDS A COMBINED ADAPTATION-MITIGATION RESPONSE |
2 Arizona Journal of Environmental Law & Policy 153 (2011) |
The Environmental Justice Movement of the late twentieth century had a lofty goal: to protect poor and minority communities from being adversely affected by environmental harms such as toxic waste dumps and polluted waters. Many agree that today's greatest environmental danger is climate change, a worldwide problem with intensely local impacts; and... |
2011 |
| Shannon M. Roesler |
ADDRESSING ENVIRONMENTAL INJUSTICES: A CAPABILITY APPROACH TO RULEMAKING |
114 West Virginia Law Review 49 (Fall, 2011) |
I. Introduction. 50 II. Defining the Justice in Environmental Justice: Theoretical Foundations. 54 A. The Distribution of Environmental Bads and Goods: Empirical Evidence. 56 B. Theorizing Fair Distribution. 59 1. The Background Conditions for Application of the Difference Principle. 62 2. Primary Goods: Is This All We Need to Know?. 67 C. The... |
2011 |
| Carmen G. Gonzalez |
AN ENVIRONMENTAL JUSTICE CRITIQUE OF COMPARATIVE ADVANTAGE: IndigenOUS PEOPLES, TRADE POLICY, AND THE MEXICAN NEOLIBERAL ECONOMIC REFORMS |
32 University of Pennsylvania Journal of International Law 723 (Spring 2011) |
1. Introduction. 724 2. Environmental Justice and Trade Agreements. 727 3. The Theory of Comparative Advantage: An Introduction. 736 4. Case Study: The Mexican Neoliberal Economic Reforms. 740 4.1. The Significance of the Corn Sector in Mexico and the United States. 741 4.2. Background to the Mexican Neoliberal Economic Reforms. 745 4.3. NAFTA,... |
2011 |
| Jeanne Marie Zokovitch Paben |
APPROACHES TO ENVIRONMENTAL JUSTICE: A CASE STUDY OF ONE COMMUNITY'S VICTORY |
20 Southern California Review of Law & Social Justice 235 (Spring 2011) |
Environmental law encompasses many different areas. One aspect of environmental law is environmental justice. The United States Environmental Protection Agency (EPA) defines environmental justice as the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development,... |
2011 |
| Julie Sze |
Asian AMERICAN IMMIGRANT AND REFUGEE ENVIRONMENTAL JUSTICE ACTIVISM UNDER NEOLIBERAL URBANISM |
18 Asian American Law Journal 5 (2011) |
Environmental justice, as an academic field, has ignored the conceptual contributions of Asian immigrant and Asian American activists of color, partly because of a focus on distributive justice instead of procedural justice. The goal of procedural justice is to secure self-representation for disenfranchised community members in crucial... |
2011 |
| Michael A. Livermore |
CAN COST-BENEFIT ANALYSIS OF ENVIRONMENTAL POLICY GO GLOBAL? |
19 New York University Environmental Law Journal 146 (2011) |
The use of cost-benefit analysis of environmental policy is spreading from the United States, where it has the longest tradition, to other parts of the globe. Already firmly rooted in Europe and other advanced economies, cost-benefit analysis is becoming more prevalent in developing countries as a way to evaluate environmental regulation.... |
2011 |
| Robert V. Percival |
CHINA'S "GREEN LEAP FORWARD" TOWARD GLOBAL ENVIRONMENTAL LEADERSHIP |
12 Vermont Journal of Environmental Law 633 (Spring, 2011) |
Introduction .. 633 I. Chairman Mao's War Against Nature. 636 II. China's Twenty-First Century Green Leap Forward. 639 A. Strengthening Chinese Environmental and Natural Resource Policies. 639 B. Promoting Greater Environmental Transparency. 641 C. Developing Green Technology. 646 D. China's Twelfth Five Year Plan: The Green Leap Forward. 649... |
2011 |
| Keith Schneider , Jennifer L. Turner , Aaron Jaffe , Nadya Ivanova |
CHOKE POINT CHINA: CONFRONTING WATER SCARCITY AND ENERGY DEMAND IN THE WORLD'S LARGEST COUNTRY |
12 Vermont Journal of Environmental Law 713 (Spring, 2011) |
Introduction .. 714 I. Growth Versus Water Resources. 715 A. Ruinous Confrontation?. 715 B. Choke Points Do Not Slow Rapid GDP Growth Goals. 718 II. Evading Water and Energy Choke Points for Now. 718 A. Ambitious Water Conservation Measures. 718 B. Energy Conservation Equals Water Conservation. 720 III. Unrivaled Plans to Move Water to Tap Coal... |
2011 |
| Laura A. W. Pratt |
DECREASING DIRTY DUMPING? A REEVALUATION OF TOXIC WASTE COLONIALISM AND THE GLOBAL MANAGEMENT OF TRANSBOUNDARY HAZARDOUS WASTE |
41 Texas Environmental Law Journal 147 (Winter 2011) |
Introduction. 148 I. Toxic Waste Colonialism Overview. 151 A. What's in a Name?. 151 B. Causes. 153 1. Global Increase of Hazardous Waste Production. 153 2. Economic Pressures. 154 II. Historical Development of the Global Management of Transboundary Hazardous Waste. 156 A. Background to Basel. 156 B. The Basel Convention. 158 1. Definitions. 159 2.... |
2011 |
| Colin Crawford |
ENVIRONMENTAL BENEFITS AND THE NOTION OF POSITIVE ENVIRONMENTAL JUSTICE |
32 University of Pennsylvania Journal of International Law 911 (Spring 2011) |
Environmental justice scholars have noted that, in the United States, there is less empirical work documenting disparities in environmental benefits than there is empirical study documenting the inequitable distribution and cumulative impact of multiple environmental burdens. The fact that much less has been done with respect to environmental... |
2011 |
| Gregg P. Macey |
ENVIRONMENTAL CRISIS AND THE PARADOX OF ORGANIZING |
2011 Brigham Young University Law Review 2063 (2011) |
Public organizations, including those involved in contingency planning, have tremendous influence over the ultimate scale and scope of an environmental crisis. Yet our understanding of how organizational behavior can either rein in or exacerbate crises continues to lag behind advances in technology. This Article considers the role of public... |
2011 |
| Victor B. Flatt, Paul M. Collins Jr. |
ENVIRONMENTAL ENFORCEMENT IN DIRE STRAITS: THERE IS NO PROTECTION FOR NOTHING AND NO DATA FOR FREE |
41 Environmental Law Reporter News & Analysis 10679 (August, 2011) |
While much of the world debates what our environmental laws should be, the less esoteric question of whether the environmental laws we already have are being properly enforced continues to be insufficiently examined. As we approach the fortieth anniversary of modern environmental law, the answer to this $64 billion question still is not clear.... |
2011 |
| Raina Wagner |
ENVIRONMENTAL JUSTICE AND CLIMATE CHANGE: DOES 20TH-CENTURY ACTIVISM HAVE A PLACE IN A 21ST-CENTURY CRISIS? |
2 Arizona Journal of Environmental Law & Policy 1 (April, 2011) |
During the 1970s and '80s, American scientists, researchers and activists began to make a connection between race and class and exposure to environmental harms. Inhabitants of poor and minority communities and neighborhoods faced far higher probability of exposure to health-damaging environmental toxins than others. Peoplerevolted against the... |
2011 |
| Julia C. Rinne, Carol E. Dinkins |
ENVIRONMENTAL JUSTICE: MERGING ENVIRONMENTAL LAW AND ETHICS |
25-WTR Natural Resources & Environment 3 (Winter 2011) |
The environmental justice movement seeks to create equal access to ecological resources and equal protection from environmental hazards for all persons. Given these objectives, many view environmental justice as merely an attempt to provide equitable distribution of environmental burdens and benefits. This characterization fails to recognize that... |
2011 |
| Craig Anthony (Tony) Arnold |
FOURTH-GENERATION ENVIRONMENTAL LAW: INTEGRATIONIST AND MULTIMODAL |
35 William and Mary Environmental Law and Policy Review 771 (Spring, 2011) |
Institutional arrangements to protect the environment, manage natural resources, or regulate other aspects of society and the environment are not merely matters of optimal institutional design or choice. These arrangements result, at least in substantial part, from the evolution of interconnected social, legal, and ecological systems that are... |
2011 |
| Dorceta E. Taylor |
GREEN JOBS AND THE POTENTIAL TO DIVERSIFY THE ENVIRONMENTAL WORKFORCE |
31 Utah Environmental Law Review 47 (2011) |
At the apogee of the 2008 election cycle not a day passed without mention of green jobs or green collar workers. In fact, one of the most enduring slogans of the campaign was Jobs, baby, jobs. What was intriguing about this slogan was that it was a call for green jobs, but the term green collar is not new. As early as 1976, Professor Patrick... |
2011 |
| Rhett B. Larson |
HOLY WATER AND HUMAN RIGHTS: IndigenOUS PEOPLES' RELIGIOUS-RIGHTS CLAIMS TO WATER RESOURCES |
2 Arizona Journal of Environmental Law & Policy 81 (Fall 2011) |
Water, perhaps more than any other natural resource, has profound religious meaning: in ceremonial uses, as a spiritual symbol, and as an object of worship. The scarcity of legal scholarship regarding the nexus between religious rights and water law is therefore curious. This paper examines that nexus and its implications in the context of... |
2011 |
| Rose Francis, Laurel Firestone |
IMPLEMENTING THE HUMAN RIGHT TO WATER IN CALIFORNIA'S CENTRAL VALLEY: BUILDING A DEMOCRATIC VOICE THROUGH COMMUNITY ENGAGEMENT IN WATER POLICY DECISION MAKING |
47 Willamette Law Review 495 (Spring 2011) |
THE RELATIONSHIP BETWEEN ENVIRONMENTAL JUSTICE AND HUMAN RIGHTS Consider this: even one of the wealthiest states in the wealthiest nation on the planet has not fully implemented the human right to water. This state is California, a place which holds a special position in our collective consciousness as the land of milk and honey, producing... |
2011 |