| Author | Title | Citation | Summary | Year |
| Gary D. Libecap , Bren School of Environmental Science and Management, University of California, Santa Barbara and National Bureau of Economic Research, USA |
WHERE'S COASE? TRANSACTION COSTS REDUCTION OR RENT-SEEKING IN DETERMINING US ENVIRONMENTAL POLICIES |
84 International Review of Law & Economics 1 (December, 2025) |
JEL classifications: No. K11 K32 N42 N5 N52 N92 Q52 Q53 Q57 Q58 Keywords: Williamson Coase Institutional Economics Law and Economics Organization Transaction Cost Management Environmental Economics Rent-Seeking In 1960, Ronald Coase offered a decentralized bargaining framework for reducing transaction costs in externality mitigation. Subsequent US... |
2025 |
| Adi Gal |
WHO OWNS CLIMATE LITIGATION AWARDS? |
52 Ecology Law Quarterly 59 (2025) |
Since 2017, U.S. states, municipalities, tribes, and cities have sought billions of dollars in damages from oil and gas companies for the environmental harm they have caused by their fossil fuel activities. This subnational government-led litigation campaign seeking to hold fossil fuel companies accountable is a meaningful step in the fight against... |
2025 |
| Michael Lewyn |
ZONING AND LAND USE PLANNING |
53 Real Estate Law Journal 347 (Spring, 2025) |
A restrictive covenant is an agreement between two parties to 1) restrict the use of one or both parties' land, 2) require one or both parties to perform an act on their land, or 3) require one or both parties to pay money for the upkeep of facilities on their land. Courts have traditionally divided enforcement of such covenants into two theories... |
2025 |
| Michael J. Myers , Turner Smith |
"SPECIAL SOLICITUDE" OR "SPECIAL HOSTILITY?" WHERE STATE STANDING IN ENVIRONMENTAL LITIGATION STANDS 17 YEARS AFTER MASSACHUSETTS v. EPA |
42 UCLA Journal of Environmental Law & Policy 207 (2024) |
C1-2Table of Contents I. Introduction. 209 II. The Evolution of State Standing in Massachusetts v. EPA. 211 A. Different Theories of State Standing. 211 B. State Standing in Massachusetts v. EPA. 213 III. The Evolution of State Standing Since Massachusetts v. EPA. 220 A. Standing Based on Proprietary and Pocketbook Injuries Since Massachusetts. 221... |
2024 |
| Audra Locicero |
A CASE FOR TRIBAL CO-MANAGEMENT OF FEDERAL PUBLIC LANDS |
53 Stetson Law Review 543 (Spring, 2024) |
We are the land. To the best of my understanding, that is the fundamental idea embedded in Native American life and culture in the Southwest. More than remembered, the Earth is the mind of the people as we are the mind of the Earth .. It is not a means of survival .. It is rather part of our being, dynamic, significant, real. Virtually every person... |
2024 |
| K. Ashley Eshleman |
A COMPARATIVE LOOK: APPLYING VERMONT'S ENVIRONMENTAL JUSTICE ACT IN TENNESSEE |
25 Vermont Journal of Environmental Law 155 (Winter, 2024) |
EXECUTIVE SUMMARY. 155 INTRODUCTION. 156 I. FEDERAL ACTIONS TOWARDS Environmental justice. 158 II. BACKGROUND ON VERMONT'S Environmental justice ACT. 160 III. BACKGROUND ON TENNESSEE. 163 IV. HOW THE BILL WOULD WORK IN TENNESSEE. 167 CONCLUSION. 172 |
2024 |
| Isaac Bloch |
A GREEN ENERGY WATERSHED: WATER LITIGATION, ELECTRIC BATTERIES, AND AGENCY OVERSIGHT OF LITHIUM MINING |
27 University of Denver Water Law Review 1 (Spring, 2024) |
I. INTRODUCTION: LITHIUM AT THE WATER-ENERGY NEXUS. 2 II. THE WATER LITIGATION RISKS OF TRADITIONAL LITHIUM MINING. 5 A. State Prior Appropriations Law in Contemporary Western Mining Operations. 5 B. Federal Challenges to Water Allocation under NEPA. 7 III. WATERSHED MANAGEMENT AT THE SALTON SEA. 13 A. Salton Sea Stakeholders. 14 B. Precious Metals... |
2024 |
| Muriel Hague |
A HITCHHIKER'S GUIDE TO CARBON CAPTURE AND SEQUESTRATION REGULATION IN TEXAS AND BEYOND |
61 Houston Law Review 827 (Symposium 2024) |
Carbon capture and sequestration (CCS), a decades-old concept, has recently garnered significant support and investment as a leading method for decarbonizing the atmosphere. However, regulation of CCS technology lags behind its rapid development. In most cases, primary regulatory control belongs to the Environmental Protection Agency, though state... |
2024 |
| Clifford J. Villa |
A NEW DAY FOR ENVIRONMENTAL JUSTICE AT THE U.S. EPA |
54 University of Memphis Law Review 867 (Summer, 2024) |
On February 16, 2024, Cliff Villa, the Environmental Protection Agency Office of Land and Emergency Management Deputy Assistant Administrator presented at The University of Memphis Law Review Volume 54 Annual Symposium. Here, he spoke to students, lawyers, activists, and community members about environmental justice at the EPA. Our symposium was... |
2024 |
| Max Clayton |
A NEW MOMENT FOR INDIAN WATER RIGHTS SETTLEMENTS |
64 Natural Resources Journal 33 (Winter, 2024) |
Indian water rights settlements have been the primary mechanism to resolve water conflicts between tribal governments and state, municipal, and non-governmental parties. Although scholars have for decades roundly criticized settlements for their many shortcomings, this paper suggests that a combination of forces has altered the conditions for... |
2024 |
| James Cavallaro , Silvia Serrano Guzmán , Jessica Tueller |
A NEW PATH FORWARD? HOW ATTENTION TO ECONOMIC, SOCIAL, CULTURAL, AND ENVIRONMENTAL RIGHTS COULD INCREASE U.S. INDIGENOUS AND AFRICAN-AMERICAN CIVIL SOCIETY ENGAGEMENT WITH THE INTER-AMERICAN HUMAN RIGHTS SYSTEM |
28 UCLA Journal of International Law and Foreign Affairs 39 (Fall, 2024) |
This Article contends that the evolving approach of the inter-American human rights system toward the human rights of Indigenous peoples and persons of African descent, including their economic, social, cultural, and environmental rights, presents a key opportunity for U.S. civil society actors to expand beyond the dominant framework of civil... |
2024 |
| Natalie Smith |
A PATH TO CLIMATE ASYLUM UNDER U.S. LAW |
124 Columbia Law Review 1779 (October, 2024) |
Clarifying the extent to which existing legal regimes afford protection to climate migrants must be part of an effective and coordinated response to climate change. This Note argues that climate refugees, a group which it narrowly defines as those who meet the requirements of the 1951 Refugee Convention because they have experienced climate... |
2024 |
| Charisa Smith |
A POST-DOBBS FUTURE: BAILING WATER DOWNSTREAM TO CENTER DEMOCRACY'S CHILDREN |
54 Seton Hall Law Review 747 (2024) |
The reversal of Roe v. Wade by Dobbs v. Jackson Women's Health Organization not only imperils vital reproductive freedom across the United States but also illuminates the countless ways that childhood precarity will be exacerbated downstream now that forced births are sanctioned by the state. While an individual's reasons for exercising abortion... |
2024 |
| Maxwell S. Granger |
ABORTION IN THE ENCLAVES: FEDERAL LEGISLATIVE JURISDICTION AND ITS PRACTICAL CHALLENGES FOR ABORTION CLINICS ON FEDERAL LAND |
54 Golden Gate University Law Review 75 (May, 2024) |
Introduction. 76 I. Federal Legislative Jurisdiction: Primer & Practicalities. 81 A. What is Federal Legislative Jurisdiction?. 81 1. Overview. 81 2. Levels of Jurisdiction. 83 3. Federal Acquisition of Jurisdiction. 84 4. Federal Acceptance of Jurisdiction. 85 5. Retrocession. 86 6. Rejection of the State Within a State Theory. 86 B.... |
2024 |
| Alejandro E. Camacho , Elizabeth Kronk Warner , Jason McLachlan , Nathan Kroeze |
ADAPTING CONSERVATION GOVERNANCE UNDER CLIMATE CHANGE: LESSONS FROM INDIAN COUNTRY |
110 Virginia Law Review 1549 (November, 2024) |
Anthropogenic climate change is increasingly causing disruptions to ecological communities upon which Natives have relied for millennia. These disruptions raise existential threats not only to ecosystems but to Native communities. Yet no analysis has carefully explored how climate change is affecting the governance of tribal ecological lands. This... |
2024 |
| Elena Mak |
ADDRESSING SPACE TOURISM'S ENVIRONMENTAL EFFECTS: MARINE ENVIRONMENT REGULATIONS AS A BASIS FOR REGULATING ORBITAL SPACE DEBRIS |
89 Journal of Air Law and Commerce 477 (Summer, 2024) |
YesWith the success of private suborbital space flight, the space industry is now facing unprecedented growth as billionaires strive to accomplish the task of sending astrotourists into space. However, given the novelty of this objective, the current domestic and international legal regimes governing outer space and space travel are both confusing and... |
2024 |
| Haley Todd Newsome |
ADVANCING TORT LAW FOR CLIMATE DISPLACEMENT COMPENSATION |
14 Arizona Journal of Environmental Law & Policy 48 (Summer, 2024) |
Climate change has already displaced people from their homes and is predicted to displace millions more in the coming decades. Involuntary climate-induced migration causes loss and damage before, during, and after the displacement. In this Note, I argue that the climate displaced should seek tort compensation from fossil fuel companies for this... |
2024 |
| Vanessa Springer |
AFFORDABLE HOUSING IN HEALTHY COMMUNITIES: INTEGRATING ENVIRONMENTAL JUSTICE INTO THE APPLICATION CRITERIA FOR AFFORDABLE HOUSING TAX CREDITS IN NEW MEXICO |
54 New Mexico Law Review 623 (Summer, 2024) |
In Bernalillo County, New Mexico, communities of color and people living below the poverty line are more likely to live in areas with high exposure to pollution and associated health risks. Similar trends are echoed throughout the country. These data trends and experiences form the basis for the environmental justice movement, or the movement for a... |
2024 |
| Elias Marques de Medeiros Neto, Fernando Eduardo Serec |
AGRIBUSINESS AND INDIGENOUS LANDS THE IMPORTANCE OF THE MULTI-DOOR CONFLICT RESOLUTION SYSTEM |
30 Dispute Resolution Magazine 21 (January, 2024) |
Brazilian agribusiness is a pillar of the national economy. This is evident when looking at the numbers, which demonstrate the sector's strength in Brazil and around the world. It is estimated that agribusiness will constitute around 24% of the Brazilian GDP in 2023, nearly one quarter of the country's economy. This is due, in part, to record grain... |
2024 |
| Baine P. Kerr |
ALL NECESSARY MEASURES: CLIMATE LAW FOR INTERNATIONAL SHIPPING |
64 Virginia Journal of International Law 523 (Spring, 2024) |
YesInternational shipping is one of the largest sources of climate pollution. The conventional view is that, despite some ambiguities in the climate treaties, international law only requires states to implement global rules adopted by the International Maritime Organization. This overlooks the important and timely question of whether other sources of... |
2024 |
| Oday Salim |
ARE RACE-BASED ENVIRONMENTAL JUSTICE POLICIES SAFE? |
50 Human Rights 40 (October, 2024) |
In recent years, we have seen a significant volume of federal and state environmental justice policy with attorneys general developing enforcement plans focused on environmental justice. Environmental and conservation agencies have adopted limited English proficiency (LEP) plans to ensure that LEP individuals are not left out of decision-making... |
2024 |
| Jennifer Horkovich |
ARIZONA v. NAVAJO NATION AND SYSTEMIC FAILURES IN THE TRIBAL WATER ALLOCATION SCHEME |
35 Fordham Environmental Law Review 30 (Spring, 2024) |
When the United States Supreme Court's decision in Arizona v. Navajo Nation was published in June 2023, Indian Country was hardly surprised with the Court's ruling. There, the Court found that the United States had no affirmative duty to affirmatively protect the Navajo Nation's water rights under the 1868 Treaty. The Court was clear: the treaty is... |
2024 |
| Monica Visalam Iyer, Kerilyn Schewel |
ARTICULATING AND CLAIMING THE RIGHT TO STAY IN THE CONTEXT OF CLIMATE CHANGE |
38 Georgetown Immigration Law Journal 207 (Winter, 2024) |
Climate-related displacement is a topic of increasing concern in both academic research and the political, social, and humanitarian spheres. As many seek to develop legal regimes that will allow those living in the most climate-affected areas to move with dignity, individuals and communities living in these countries, regions, and localities are... |
2024 |
| Alexandra Dapolito Dunn |
AT THE INTERSECTION OF ENVIRONMENTAL JUSTICE AND SUSTAINABILITY LIES A MORE EQUITABLE, HEALTHY FUTURE FOR U.S. COMMUNITIES |
92 UMKC Law Review 773 (Summer, 2024) |
When major societal movements come together, the result is progress, learning, and significant change. The movements at focus in this Article are first, environmental justice, which grew out of the civil rights movement in the late 1960s and which is, at this moment, at its peak of influence over federal, state, and local policy. Second, the... |
2024 |
| Katrina Fischer Kuh |
AVOIDING PERFORMATIVE CLIMATE JUSTICE |
54 Environmental Law Reporter (ELI) 10230 (March, 2024) |
Today's climate impacts and those on the horizon increasingly infuse mitigation and adaptation efforts with urgency, causing policymakers to contemplate or issue formal declarations of a climate emergency and to streamline review processes to aid rapid development of mitigation and adaptation infrastructure and technology. Yet, this urgency and... |
2024 |
| Jasmine N. Cooper |
BATTLE OF THE LANDS: THE CREATION OF LAND GRANT INSTITUTIONS AND HBCUS--FOSTERING A STILL SEPARATE AND STILL UNEQUAL HIGHER EDUCATION SYSTEM |
30 Washington and Lee Journal of Civil Rights and Social Justice 247 (Spring, 2024) |
In HBCU culture, the Battle of the Bands is a competition between school marching bands to determine the best of the best. It is a cultural celebration that symbolizes friendly competition and showcases students' pride in their school. Unfortunately, since their inception, Historically Black Colleges, and Universities (HBCUs) have been battling... |
2024 |
| Megan Resener Garofalo |
BATTLING ENVIRONMENTAL RACISM IN CANCER ALLEY: A LEGISLATIVE APPROACH |
52 Journal of Law, Medicine & Ethics 196 (Spring, 2024) |
Keywords: Environmental, Racism, Cancer, Alley, Petrochemical Abstract: This Paper argues that to protect at-risk communities--and all Americans--from the deadly effects of environmental racism, Congress must pass the Environmental justice for All Act. The Act is intended to restore, reaffirm, and reconcile environmental justice and civil rights.... |
2024 |
| Helen H. Kang |
BEARING WITNESS TO ENVIRONMENTAL INJUSTICE: THE PATH FORWARD |
54 Environmental Law 315 (Spring, 2024) |
I. Introduction. 315 II. Geography Is Destiny. 317 III. Pollution Burdens. 320 IV. Demographic Shift. 322 V. What Now?. 324 |
2024 |
| Jennifer S. Bard |
BREAKING DOCTRINAL SILOS BETWEEN ENVIRONMENTAL LAW, DISABILITY LAW, AND TORTS TO STOP THE SPREAD OF INFECTIOUS DISEASE THROUGH CONTAMINATED INDOOR AIR |
39 Journal of Environmental Law & Litigation 163 (2024) |
Acknowledgments. 166 Introduction and Statement of the Problem. 167 I. Getting to Ventilation: How Scientific Opinion on the Spread of Airborne Disease Changed. 171 A. The COVID-19 Pandemic as an Engine for Scientific Discovery. 174 B. Setting the Scene for Scientific Discovery: The Arrival of SARS-CoV-2. 180 C. What Changed the Received... |
2024 |
| Sara A. Colangelo |
BRIDGING SILOS: ENVIRONMENTAL AND REPRODUCTIVE JUSTICE IN THE CLIMATE CRISIS |
112 California Law Review 1255 (August, 2024) |
The climate crisis is a perilous yet underexamined example of the intersection of environmental injustice and reproductive injustice. The physical manifestations of the climate crisis affect key elements of reproductive justice: women's rights to have children, to not have children, and to parent children in healthy, sustainable communities. Reams... |
2024 |
| Shelley Ross Saxer |
BUILDING CLIMATE RESILIENCE WITH LOCAL TOOLS |
58 Georgia Law Review 1663 (10-Jun-24) |
The first Earth Day on April 22, 1970, celebrated the grassroots environmental movement that began in the '60s and early '70s and ushered in the creation of a new legal framework for controlling pollution and addressing environmental concerns in the United States. However, more than fifty years later, some experts fear that the environmental... |
2024 |
| Alexandra M. George |
CAN WE REALLY BE THE CHANGE WE WISH TO SEE? THE INHERENT LIMITATIONS OF CITIZEN SUITS IN REMEDYING ENVIRONMENTAL INJUSTICE UNDER THE CLEAN AIR ACT |
35 Villanova Environmental Law Journal 153 (2024) |
If you live in Philadelphia County, the air you breathe may put your health at risk. Where a person lives plays a crucial role in shaping their overall health outcomes and life expectancy. An individual's zip code alone can determine up to sixty percent of their health. In the United States, significant racial disparities exist among communities... |
2024 |
| Daniel Cornelius, Steph Tai |
CAN WE SAVE OUR FOODWAYS? THE INFLATION REDUCTION ACT, CLIMATE CHANGE, AND FOOD JUSTICE |
133 Yale Law Journal Forum 1053 (17-Apr-24) |
abstract. This Essay examines USDA programs supported by the Inflation Reduction Act and its approach toward addressing climate change and historical funding inequities for Indigenous and Black Farmers. It also argues for how the next Farm Bill can expand upon these efforts to further address inequities and promote climate resilience. Farmers,... |
2024 |
| Barry E. Hill |
CHEVRON'S DEMISE AND ENVIRONMENTAL JUSTICE |
54 Environmental Law Reporter (ELI) 10933 (November, 2024) |
The Supreme Court of the United States has had at various times a troubling history in American jurisprudence. Among other things, the Court infamously defended the institution of slavery, holding that African Americans, whether freed men or slaves, could not be considered citizens, and could not enjoy the rights and privileges the U.S.... |
2024 |
| Kate Jastram |
CLIMATE CHANGE AND CROSS-BORDER DISPLACEMENT: WHAT THE COURTS, THE ADMINISTRATION, AND CONGRESS CAN DO TO IMPROVE OPTIONS FOR THE UNITED STATES |
56 Case Western Reserve Journal of International Law 309 (Spring, 2024) |
Introduction. 309 Part I. 312 A. Maximizing the Potential of the Refugee Convention and Protocol. 312 B. Adopting the Cartagena Declaration Definition to Address Climate Displacement. 319 C. Expanding Complementary Protection by Accepting Non-Refoulement Obligations Under the International Covenant on Civil and Political Rights. 322 Part II. 326 A.... |
2024 |
| Elizabeth Hubertz |
CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE: INTRODUCTION |
74 Washington University Journal of Law & Policy I (2024) |
U.S. Environmental Protection Agency defines environmental justice as the just treatment and meaningful involvement of all people in the development, implementation, and enforcement of environmental laws. That is not the system we have. People of color and people living in poverty around the world experience more than their fair share of negative... |
2024 |
| Vera Solovyeva |
CLIMATE CHANGE IN ARCTIC AND INDIGENOUS PEOPLES. CHALLENGES AND SOLUTIONS |
29 Ocean and Coastal Law Journal 317 (January, 2024) |
Abstract I. Global Climate Change in the Arctic II. Climate Change Impacts on Indigenous Peoples A. Medical Impacts B. Socio-economic Impacts C. Socio-cultural Impacts III. Importance of Indigenous Knowledge and Local Knowledge in Climate Change Adaptation IV. Indigenous Peoples Matters of Definition in the Russian Federation Conclusion Climate... |
2024 |
| Barry E. Hill, Emily Bergeron |
CLIMATE JUSTICE LITIGATION IN THE UNITED STATES--A PRIMER |
54 Environmental Law Reporter (ELI) 10307 (April, 2024) |
Over the last three decades, numerous studies have concluded that African American, Hispanic, Native American, Alaska Native, Native Hawaiian, and working-class White communities are disproportionately exposed to environmental harms and risks. More recent studies have concluded that although the adverse effects of climate change are being felt... |
2024 |
| Natalie Lara |
CLIMATE MIGRATION AS CLIMATE RESILIENCE: A CASE STUDY OF ORLANDO, FLORIDA |
54 Environmental Law Reporter (ELI) 10736 (September, 2024) |
In recent years, migration has become a topic of debate, especially in developed nations. Migration takes many forms, not only across international borders but also within a country. The decision to move is influenced by a number of factors, including life-cycle considerations such as marriage, completion of schooling, entry into the labor force,... |
2024 |
| James R. May , Marcelo Buzaglo Dantas , Luciana Bauer |
CLIMATE RIGHTS IN BRAZIL AND THE UNITED STATES: A CONVERGENCE IN CONTRASTS |
56 Case Western Reserve Journal of International Law 439 (Spring, 2024) |
I. Introduction. 439 II. Climate Rights in the United States. 444 A. Juliana v. United States. 446 B. Held v. Montana. 450 III. Climate Rights in Brazil. 452 IV. A Comparison of Climate Rights in Brazil and the U.S.. 463 V. Conclusion. 466 |
2024 |
| Julia Neusner, David Cremins, Ana Cutts Dougherty, Kelsey Freeman, Rosie Lebel, Milena Díaz, Nicole Chávez |
CLIMATE-RELATED DISPLACEMENT AND U.S. REFUGEE PROTECTION |
42 UCLA Journal of Environmental Law & Policy 177 (2024) |
In an era defined by climate crises and mounting barriers to cross-border movement, this Article examines the intricate relationships between climate change, displacement, and refugee protection in the United States. Through a comprehensive analysis, incorporating insights from interviews with asylum seekers from Mexico and Central America at the... |
2024 |
| Madison M. Schettler |
CLOSING THE RENTER-SIZED GAP IN THE INFLATION REDUCTION ACT: HOW HOUSING POLICY CAN HELP CLIMATE LEGISLATION ACHIEVE ENVIRONMENTAL JUSTICE |
56 Connecticut Law Review 605 (January, 2024) |
The passage of the Inflation Reduction Act (IRA) in August 2022 was an important step forward in American climate policy. The Act is essential to the United States' goal of effective climate change mitigation efforts, and other countries have even begun to use it as a model for climate mitigation. The Inflation Reduction Act (IRA) provides the... |
2024 |
| Todd D. Amaral |
CONFLICTING GOALS: THE ETHICS AND ACCOUNTABILITY OF LAW FIRM ENVIRONMENTAL, SOCIAL, AND GOVERNANCE (ESG) POLICIES |
29 Roger Williams University Law Review 323 (Winter, 2024) |
Environmental, Social, and Governance (ESG) focused investing and the corresponding corporate adoption of ESG policies and practices is a driving force in modern business. The realization of the importance of ESG has led many law firms to establish multidisciplinary advisory practices to help clients address the policy and corporate governance... |
2024 |
| Abigail McCeney |
CRIMMIGRATION ON PUBLIC LANDS: INTERAGENCY CONFLICTS OVER PRIORITIZING BORDER ENFORCEMENT AND ENVIRONMENTAL PROTECTION |
54 Environmental Law 425 (Spring, 2024) |
Federal public lands along the United States southwestern border are a platform for regulatory disputes concerning the proper management of natural resources, infrastructure, human activity, and border security. U.S. border policy in recent decades has been characterized by the criminalization of the immigration system, which has led to increased... |
2024 |
| Professor Steven Ferrey |
CRYPTOCURRENCY--LEGALLY NAVIGATING THE "HIGHWAY TO CLIMATE HELL" |
30 UC Law Environmental Journal 25 (January, 2024) |
YesThe U.S. electric system is regarded as history's greatest engineering achievement and the second most important invention in history. This Article analyzes the provocative legal dark side of crypto currency now compromising the sustainability and resiliency of the U.S. electric system. Crypto currency miners have migrated in mass during the... |
2024 |
| Madeleine J. Lewis |
DEFINING ENVIRONMENTAL JUSTICE |
38-WTR Natural Resources & Environment 9 (Winter, 2024) |
The Infrastructure Investment and Jobs Act (IIJA) and Inflation Reduction Act (IRA) have energized ambitions to transform the United States' energy grid, placing the federal government at the helm of the transition away from carbon-intensive fossil fuel sources toward sources such as nuclear, hydrogen, wind, and solar. The Biden administration's... |
2024 |
| Sam Bookman |
DEMYSTIFYING ENVIRONMENTAL CONSTITUTIONALISM |
54 Environmental Law 1 (Winter, 2024) |
In an age of pervasive environmental crisis, a vast majority of the world's constitutions now include environmental provisions. But how does environmental constitutionalism improve environmental governance? Constitutionalization tells us little about how states should manage the environment. Instead, environmental constitutionalism is capable of... |
2024 |
| William Boyd |
DE-RISKING ENVIRONMENTAL LAW |
48 Harvard Environmental Law Review 153 (2024) |
Over the last forty years, risk assessment has come to provide the foundation for EPA's major regulatory programs on toxic chemicals, pollution, and hazardous waste--a development that seems quite natural, even necessary. The standard view holds that risk assessment is a largely technical, scientific exercise that provides the basic facts needed... |
2024 |
| Joshua M. Alpert |
DISABILITY ENVIRONMENTAL JUSTICE: HOW § 504 OF THE REHABILITATION ACT CAN BE USED FOR ENVIRONMENTAL JUSTICE LITIGATION |
59 Harvard Civil Rights-Civil Liberties Law Review 401 (Spring, 2024) |
One of the largest problems facing environmental justice litigation is the lack of a private right of action for disparate impact discrimination under Title VI of the Civil Rights Act. This absence of a private right of action has effectively rendered federal anti-discrimination law a dead letter in remedying the inequitable distribution of... |
2024 |
| Maria Lins Albuquerque |
DISPUTES IN THE INDIGENOUS ENVIRONMENT IN BRAZIL |
30 Dispute Resolution Magazine 11 (January, 2024) |
The main conflicts that occur in the Indigenous environment in Brazil are driven by disputes between economic activities that heavily utilize the land and the preservation of Indigenous territories. There is no resolution of conflicts without an understanding of the various interests involved. The main themes of dispute are related to the complex... |
2024 |