| Author | Title | Citation | Summary | Year |
| Matthew G. Burgess |
FIVE CONSIDERATIONS FOR TWENTY-FIRST CENTURY CLIMATE POLICY |
18 FIU Law Review 283 (Spring, 2024) |
As the twenty-first century advances, society is entering a new phase regarding climate change. Impacts of climate change are becoming more salient in the present, rather than being only far-off in the future. Progress on flattening--and in many affluent countries, reducing--greenhouse gas emissions is also becoming salient, though the progress... |
2024 |
| Ryan M. Rodenberg |
FLORIDA SPORTS BETTING LANDS AT THE SUPREME COURT--TWICE |
75 Florida Law Review Forum 46 (2024) |
Florida is the epicenter of sports betting litigation. In two separate filings by the same party only days apart--one at the U.S. Supreme Court and the other at the Supreme Court of Florida -- the possibility of legal online sports gambling in the Sunshine State has landed in both Washington, D.C. and Tallahassee. At issue in both cases is the... |
2024 |
| Mary Slosson |
FORCE MAJEURE AND THE LAW OF THE COLORADO RIVER: THE CONFLUENCE OF CLIMATE CHANGE, CONTRACTS, AND THE CONSTITUTION |
95 University of Colorado Law Review 709 (2024) |
Climate change is causing significant, permanent changes to the natural world. In the Colorado River Basin, experts forecast that rising temperatures will cause the spread of a drier, more arid climate across the region. The effects of this desertification are already being felt: less rainfall, the loss of deciduous forests, wildfires that engulf... |
2024 |
| Mia Petrucci |
FORCED TO BEAR THE BURDEN AND NOW THE CHILDREN: THE DOBBS DECISION AND ENVIRONMENTAL JUSTICE COMMUNITIES |
14 Washington Journal of Social & Environmental Justice 86 (March, 2024) |
On June 24, 2022, the Supreme Court decided Dobbs v. Jackson Women's Health Organization. In Dobbs, the Court held that there is no constitutional right to abortion in America, overturning almost half a century of legal precedent. The Court relied on textualist arguments to find that the Fourteenth Amendment['s guarantee of liberty] clearly does... |
2024 |
| Danielle Cossey |
FREE PEOPLE OVER FREE MARKETS: ADDRESSING THE SUPPRESSION OF ENVIRONMENTAL DISSENT THROUGH TRADE AGREEMENTS IN MEXICO AND THE UNITED STATES |
14 Wake Forest Journal of Law and Policy 1 (January, 2024) |
I. Introduction II. Foreign Direct Investment and the Suppression of Dissent A. Environmental Defenders in Mexico and the U.S. B. Role of Foreign Direct Investment in Suppressing Dissent i. Violence and Impunity ii. Criminalization and Stigmatization iii. Procedural Barriers III. Governing Environmental Defenders, States, and Foreign Direct... |
2024 |
| James R. May , Quentin Pair , Nadia B. Ahmad |
FROM THE COURTROOM TO THE FRONTLINES: A ROADMAP FOR ADVANCING ENVIRONMENTAL JUSTICE |
50 Human Rights 2 (October, 2024) |
For years, the American Bar Association (ABA) has been a stalwart champion in the fight for environmental justice. Recognizing the disproportionate harm suffered by communities of color, low-income populations, and Indigenous communities from environmental hazards, the ABA has consistently used its platform to push for change. Now, with the passage... |
2024 |
| James O'Reilly |
FROM THE ENVIRONMENT |
52 Real Estate Law Journal 177 (Spring, 2024) |
Yes, you have turned the page of Real Estate Law Journal and no, you have not spun out into pages of Psychology Today or Environment Future. This brief article asks: How will 2024 be emotionally affecting those federal employees whom you have come to deal with over years of red tape jungle efforts for permit applicants? What will be 2024's impact... |
2024 |
| Brendan Hennessey, Amanda Schermer MacVey, Laszlo von Lazar |
GETTING TO NET-ZERO: HOW CLIMATE CHANGE INITIATIVES ARE CHANGING BUSINESS IN THE INFRASTRUCTURE SECTOR |
43 Construction Lawyer 46 (Fall, 2024) |
YesNo longer are climate change initiatives only the concern of the environmental specialist. Rather, they present challenges--and opportunities--for estimators, project managers, executives, and attorneys in the infrastructure sector. Simply knowing the landscape of climate change initiatives can be the first stumbling block, as recent legislation... |
2024 |
| Reed D. Benson |
GREEN MONEY FOR WESTERN WATERS: NEW ENVIRONMENTAL GRANTS AND FEDERAL WATER POLICY |
54 Environmental Law Reporter (ELI) 10040 (January, 2024) |
Congress in the 2020s has authorized three new environmentally focused grant programs relating to western waters and appropriated $450 million in multi-year funding. The Bureau of Reclamation is responsible for creating and implementing these programs, giving it a new tool and resources for addressing stubborn environmental problems--some caused by... |
2024 |
| Peter L. Reich |
GREENING THE GHETTO REVISITED: THREE DECADES OF ENVIRONMENTAL JUSTICE LAW |
51 Northern Kentucky Law Review 117 (2024) |
This essay is dedicated to the memory of Luke W. Cole (1962-2009), lawyer-activist, mentor, and friend. Greening the Ghetto was one of the first law review articles to explore the phenomenon of environmental racism or, in its affirmative phrasing, environmental justice (abbreviated hereinafter as EJ). In that essay I defined environmental racism as... |
2024 |
| Lawrence Pittman |
HIS-TORY OF REDLINING AND THE ENVIRONMENTAL LEGACY INHERITED |
50 Human Rights 42 (October, 2024) |
On April 21, 2023, President Joe Biden issued the Executive Order on Revitalizing Our Nation's Commitment to Environmental justice for All (E.O. 14096), which states, To fulfill our Nation's promises of justice, liberty, and equality, every person must have clean air to breathe; clean water to drink; safe and healthy foods to eat; and an... |
2024 |
| Margaret Von Rotz |
HONORING INDIGENOUS SOVEREIGNTY AND CONSENT: LEGAL FRAMEWORKS FOR ADDRESSING INDIGENOUS DISPLACEMENT DUE TO CLIMATE CHANGE |
30 UC Law Environmental Journal 197 (May, 2024) |
Climate change-induced displacement is not only a possibility but a present reality. This problem affects marginalized communities everywhere, but Indigenous peoples, particularly those in disappearing States, are especially climate-vulnerable and often at risk of losing their ancestral lands forever due to climate change. Despite the inevitability... |
2024 |
| Hannah Perls |
HOW DURABLE IS PRESIDENT BIDEN'S ENVIRONMENTAL JUSTICE AGENDA? |
50 Human Rights 37 (October, 2024) |
The Biden administration is the first in U.S. history to prioritize environmental and climate justice across all federal agencies. Now, less than four years later, those agencies have invested billions in communities to address environmental justice (EJ) concerns and issued more protective regulations to address longstanding disparities in public... |
2024 |
| Anya T. Janssen , Robert Lundberg |
HOW TRIBES RESPOND TO CHANGING ENVIRONMENTS |
97-JUN Wisconsin Lawyer 32 (June, 2024) |
The earth's changing climate has significant ramifications for Indian tribes' subsistence needs, public health, economic stability, sovereignty, and traditional ways of life. This article discusses some causes of environmental harms that are faced by tribes in Wisconsin and nearby states and legal and policy approaches tribes can take to address... |
2024 |
| Zoe Zingale |
IF IT CAN MAKE IT THERE, IT CAN MAKE IT ANYWHERE: HOW NEW YORK'S "GREEN AMENDMENT" IS CATALYZING ENVIRONMENTAL PROGRESS IN LIGHT OF FEDERAL FAILURES |
30 Cardozo Journal of Equal Rights & Social Justice 511 (Winter, 2024) |
C1-2Table of Contents Introduction. 512 I. Background. 520 A. Title VI's History and Its Applicability to Environmental justice Lawsuits. 520 B. Navigating Environmental justice Plaintiffs' Current Path to Legal Redress Under Federal Law. 524 II. Analysis. 526 A. Environmental justice Plaintiffs' Ability to Bring Disparate Impact Claims Under the... |
2024 |
| Mia Montoya Hammersley |
IN DEFENSE OF LAND AND WATER PROTECTORS: ENVIRONMENTAL JUSTICE AND THE CRIMINALIZATION OF ENVIRONMENTAL ACTIVISM |
54 University of Memphis Law Review 843 (Summer, 2024) |
I. Preface: You're a Lawyer, Not an Activist. 843 II. Introduction: A Call to Environmental justice Lawyers. 844 III. Movement Lawyering for Environmental justice. 846 A. Foundations of the Environmental justice Movement. 846 B. Structural Discrimination. 848 C. Movement Lawyering. 852 IV. The Law of Protest and Civil Disobedience. 855 A.... |
2024 |
| Abigail E. André |
IN PURSUIT OF EQUITY UNDER NEPA: APALACHICOLA'S INVISIBILITY IN THE TRISTATE WATER WARS |
54 University of Memphis Law Review 783 (Summer, 2024) |
In the presence of significant environmental impacts, the National Environmental Policy Act (NEPA) requires agencies to take a hard look at community effects. However, analysis of human impacts under NEPA is generally cursory. While executive orders requiring consideration of environmental justice have raised awareness of community impacts in... |
2024 |
| Heather Tanana |
INDIGENOUS SCIENCE AND CLIMATE RESPONSES |
49 Human Rights 18 (2024) |
The effects of climate change are increasingly being experienced around the world. From record-high temperatures and rising sea levels to aridification and wildfires--no one is immune. And, Indigenous people are often living on the frontlines, experiencing the first and worst consequences of climate change. Early in his administration, President... |
2024 |
| Lev E. Breydo |
INEQUITABLE INFRASTRUCTURE: AN EMPIRICAL ASSESSMENT OF FEDERALISM, CLIMATE CHANGE, AND ENVIRONMENTAL RACISM |
102 North Carolina Law Review 1035 (May, 2024) |
This Article explains a critical, yet unexplored issue: How are some communities like Jackson--the 80% Black capital of Mississippi--often left without water or electricity, while their mostly white neighbors are not? The Article maps uncharted territory by interrogating the underlying causes of this disparity, untangling how three seemingly... |
2024 |
| Zachary Pavlik |
INTERSTATE WATER COMPACTING AND THE SILENCED SOVEREIGN: FEDERAL APPOINTEES AS A TRIGGER FOR THE FEDERAL TRUST RESPONSIBILITY |
27 University of Denver Water Law Review 67 (Spring, 2024) |
I. INTRODUCTION. 68 II. INTERSTATE COMPACTING AND THE THREE SOVEREIGNS: FEDERAL, STATE, AND INDIAN INTERESTS. 70 A. The States as the Core Sovereigns in Interstate Compact Creation: A Framework Built to Facilitate and Further State Interests. 71 B. Federal Government as the Supreme Sovereign: Let the Children Play, So Long as They Don't Break... |
2024 |
| Lachlan Loudon |
IS 'AINA STILL SACRED? HOW HAWAII'S UNIQUE ENVIRONMENT CREATES CONTROVERSIES IN PROPERTY OWNERSHIP IN THE AFTERMATH OF DISASTER |
12 Joule: Duquesne Energy & Environmental Law Journal 34 (Spring, 2024) |
In August 2023, wildfires ravaged neighborhoods throughout Maui, Hawaii, resulting in hundreds of individuals dead or missing. The tragic blazes not only left survivors without homes but also put their scorched land on the auction block for prospective, wealthy buyers looking for a beachside plot of land to develop. Due to homeowners being... |
2024 |
| Eric Biber, Christopher Elmendorf, Nicholas Marantz, Moira O'Neill |
JUST LOOK AT THE MAP: BOUNDING ENVIRONMENTAL REVIEW OF HOUSING DEVELOPMENT IN CALIFORNIA |
54 Environmental Law 221 (Winter, 2024) |
California faces a dire housing crisis. California's land-use regulatory system remains a key driver of this crisis. State law grants local governments broad power to craft their own regulations on how to review and approve housing development. Though state law may limit a locality's ability to outright deny some types of housing development, local... |
2024 |
| Luca Greco , Hannah Perls |
JUST RELOCATION: CLIMATE CHANGE AND THE OPPORTUNITIES AND LIMITATIONS OF THE UNIFORM RELOCATION ACT |
37 Harvard Human Rights Journal 319 (Summer, 2024) |
As climate change increases the severity and frequency of hurricanes, floods, wildfires, and other natural disasters, more people are being temporarily or permanently displaced from their homes. In 2022, the Census Bureau estimated that 3.4 million adults were temporarily or permanently displaced in the United States because of these events.... |
2024 |
| Peter Kizima IV |
JUSTICE DELAYED: NEW JERSEY'S BATTLE WITH ENVIRONMENTAL JUSTICE AND A CALL FOR THE FEDS TO FOLLOW SUIT |
48 Seton Hall Journal of Legislation & Public Policy 479 (2024) |
I. Introduction. 480 II. Background and Legislative History. 483 A. New Jersey's History of Environmental Discrimination. 484 1. Post-Civil War Era. 484 2. 19th Century Industrial Development. 485 3. Discriminatory Housing and Land Use Policy. 486 4. Sites of Early Industry Largely Coincide with Overburdened Communities Due to Discriminatory... |
2024 |
| Richard J. Lazarus, Andrew Slottje |
JUSTICE GORSUCH AND THE FUTURE OF ENVIRONMENTAL LAW |
43 Stanford Environmental Law Journal 1 (February, 2024) |
I. Introduction. 2 II. Justice Gorsuch's Nomination. 6 III. Justice Gorsuch's Environmental Record: A Quantitative Assessment. 10 IV. Justice Gorsuch's Environmental Record: A Qualitative Assessment. 18 A. Separation of Powers. 19 B. Federalism. 27 C. Personal Liberty and Autonomy. 39 V. Conclusion. 48 |
2024 |
| John Knox |
KEYNOTE SPEECH BY JOHN KNOX, FORMER U.N. SPECIAL RAPPORTEUR FOR HUMAN RIGHTS AND THE ENVIRONMENT |
56 Case Western Reserve Journal of International Law 77 (Spring, 2024) |
It is really a pleasure to be here at Case Western Reserve University School of Law. I'd like to thank the organizers of this Conference and especially my old friend, Dean Michael Scharf. We worked together at the State Department Legal Adviser's Office thirty years ago. I also want to acknowledge someone who's no longer with us, although I... |
2024 |
| |
KNWAI FROM AHI: REVITALIZING THE HAWAI'I WATER CODE IN THE WAKE OF THE MAUI WILDFIRES |
137 Harvard Law Review 1994 (May, 2024) |
When the Maui wildfires in August 2023 forced Tereari'i Chandler-'ao to flee Lahaina, she could take only the necessities: food, clothes, and a box of water use-permit applications. The final item reflects an important quality of the fires: their focal point was not fire, but water. Since the birth of Hawai'i's sugar industry, recurrent water... |
2024 |
| Alida Pitcher-Murray |
LANDBACK AND THE CASE FOR LAND RESTITUTION: HOW THE SOUTH AFRICAN LAND CLAIMS COURT AND RESTITUTION PROGRAMME CAN INFORM THE RETURN OF INDIGENOUS LAND IN THE UNITED STATES |
28 U.C. Davis Social Justice Law Review 1 (Winter, 2024) |
C1-2Table of Contents Abstract. 3 I. Part I: Introduction. 4 II. Part II: Settler Colonialism, the Indian Court of Claims, and the Land Claims Commission. 8 A. Treaties, Treaties, Theft, and Federal Policy as the Foundations for Native Land Loss. 8 1. Treaty Violations. 9 2. Federal Indian Policy. 11 3. The Demand for the Return of He Sapa. 14 B.... |
2024 |
| Aashini Choksi |
LEAD-FREE WITH EQUITY: AN ENVIRONMENTAL JUSTICE-FOCUSED PROPOSAL TO ACHIEVE LEAD-FREE D.C. BY 2030 |
25 Vermont Journal of Environmental Law 404 (Spring, 2024) |
INTRODUCTION. 405 I. WHY IS THERE LEAD IN AMERICAN DRINKING WATER?. 407 A. Lead-Contaminated Water in the District of Columbia. 409 B. Disproportionate Impact of Partial Replacements on Vulnerable Communities. 410 C. Models of Successful State-Led Lead-Pipe Replacement Initiatives. 413 II. CURRENT LSL REPLACEMENT PLAN IN THE DISTRICT. 415 A. The... |
2024 |
| Donna Minha |
LIGHTS, CAMERA, (CLIMATE) ACTION: BRINGING CORPORATIONS INTO THE SPOTLIGHT IN HUMAN RIGHTS-BASED CLIMATE LITIGATION |
60 Stanford Journal of International Law 28 (Winter, 2024) |
YesIn recent years, in the face of inadequate responses by governments to climate change, human rights-based climate litigation has been on the rise. Despite the heavy involvement of corporations in the climate crisis, rights-based proceedings are mainly brought against states, while corporations usually remain out of the realm of such proceedings.... |
2024 |
| Evelyn Brister , Andrea R. Gammon , Paul B. Thompson , Terrence R. Tiersch , Nikolas Zuchowicz |
MANIPULATING TIME BY CRYOPRESERVATION: DESIGNING AN ENVIRONMENTAL FUTURE BY MAINTAINING A PORTAL TO THE PAST |
52 Journal of Law, Medicine & Ethics 637 (Fall, 2024) |
Keywords: Advanced Cryopreservation, Conservation, Emerging Technology, Ethics, Justice Abstract: This article explores how time-related metaphors frame advanced cryopreservation technologies in environmental conservation. Cryopreservation stops or freezes biological time and buys time desperately needed to preserve species and ecosystems. We... |
2024 |
| Stephanie Stern, A. Dan Tarlock |
MOVING WATER: MANAGED RETREAT OF WESTERN AGRICULTURAL WATER RIGHTS FOR INSTREAM FLOWS |
49 Columbia Journal of Environmental Law 249 (2024) |
Climate change-induced megadrought and rapid urbanization are forcing western agriculture into retreat as water supplies diminish and heat and drought ravage crops and livestock. At the same time, the megadrought is imposing deep ecological harm on riparian areas, fish species, and soil and increasing the concentration of pollutants in dwindling... |
2024 |
| Hunter Collins |
NATIONAL MONUMENTS AND THE ANTIQUITIES ACT: THE PRESIDENT'S POWER TO CONSERVE 30 PERCENT OF OUR NATION'S LANDS BY 2030 |
13 Chicago-Kent Journal of Environmental and Energy Law 37 (Spring, 2024) |
Climate change is an existential threat to the United States, as well as the entire world. The enormity of the problem cannot be overstated, yet the United States has failed to respond to this growing crisis appropriately. Despite the immense importance of land conservation in mitigating the impact of climate change, the United States has only... |
2024 |
| Kyle R. Mack |
NAVIGATING THE WATERS: A COMPARATIVE ANALYSIS OF VESSEL GHG EMISSIONS REGULATIONS UNDER THE CLEAN AIR ACT AND MARPOL |
48 Tulane Maritime Law Journal 253 (Spring, 2024) |
I. Introduction. 253 A. Overview and Background of Pollution Control in the Maritime Context. 255 B. Reasons for the Problem. 255 1. Public Governance Deficits. 255 2. Market Failures. 257 3. Enforcement Limitations. 258 II. U.S. Environmental Protections for Foreign Flagged Vessels?. 259 A. The Clean Air Act: Limitations. 262 B. The Need for... |
2024 |
| Dr. Paul R. Williams , Sindija Beta |
NEGOTIATING ENVIRONMENTAL JUSTICE IN UKRAINE |
56 Case Western Reserve Journal of International Law 271 (Spring, 2024) |
This Article examines the dynamics of negotiating environmental justice in Ukraine amid pressure from certain international actors for an Amnesty-Based Peace in Ukraine. While it is currently unclear how Russia's war in Ukraine will end, it is likely that there will be significant discussion around forms of justice, including how to address the... |
2024 |
| Sarah Schindler, Kellen Zale |
NEIGHBORS WITHOUT NOTICE: THE UNEQUAL TREATMENT OF TENANTS AND HOMEOWNERS IN LAND USE HEARING PROCEDURES |
59 Harvard Civil Rights-Civil Liberties Law Review 339 (Spring, 2024) |
Recent empirical work has suggested that the people who show up at land use hearings tend to be whiter, wealthier, older, and more likely to be homeowners than the surrounding community. They also are more opposed to new housing construction in their communities. Thus, the views of these groups are amplified and the outsized opposition to new... |
2024 |
| Heream Yang |
NEPA'S ENVIRONMENTAL VISION: CLOSE, BUT NOT QUITE |
42 Virginia Environmental Law Journal 120 (2024) |
The National Environmental Policy Act (NEPA) has been hailed as the Magna Carta of environmental law. NEPA not only crystalized the nation's environmental vision in its Declaration of National Environmental Policy, but it also formalized the federal government's relationship with the environment by requiring agencies to consider environmental... |
2024 |
| Bridget K. McKelvey |
NEW YORK FASHION WEEK'S HOTTEST TREND--THE PLANET: NEW YORK'S OPPORTUNITY TO COMBAT THE FASHION INDUSTRY'S EFFECTS ON CLIMATE CHANGE |
57 Suffolk University Law Review 233 (2024) |
YesIf the entire country was regulated, that would be just remarkable, but that's not where we're at right now. And that's why I think New York, being the fashion leader that it is, has this opportunity to lead the way. I don't think it's hyperbolic to say that our state and our world depend on it. Forget your wallet; the environment pays the real... |
2024 |
| Samantha Bingaman |
NOTHING AT STAKE BUT LIFE'S ESSENTIALS: HOW SOLE RELIANCE ON NEW TEXTUALISM ENDANGERS CLEAN WATER, ENVIRONMENTAL JUSTICE COMMUNITIES, AND ENVIRONMENTAL LAW (AND A JUDICIAL FRAMEWORK TO FIX IT) |
83 Maryland Law Review 1313 (2024) |
You throw a stone into a deep pond. Splash. The sound is big, and it reverberates throughout the surrounding area. What comes out of the pond after that? All we can do is stare at the pond, holding our breath. -Haruki Murakami Water is life, as the old saying goes. We drink, we wash, we play, we swim, we travel, and we grow with water, among... |
2024 |
| Tseming Yang |
OLD AND NEW ENVIRONMENTAL RACISM |
2024 Utah Law Review 109 (2024) |
Over the past five decades, the U.S. Environmental Protection Agency (EPA) moved from purposeful disregard of environmental racism to a public embrace of environmental justice as an organizational priority. Unfortunately, its efforts to address environmental discrimination remain a work-in-progress. This Article posits that the Agency's core... |
2024 |
| Diego Huerta |
ONE SEP FORWARD, TWO STEPS BACK? SUPPLEMENTAL ENVIRONMENTAL PROJECTS, ENVIRONMENTAL JUSTICE, AND DETERRENCE |
36 Georgetown Environmental Law Review 303 (Winter, 2024) |
Supplemental Environmental Projects (SEPs) are settlement conditions that the EPA includes in civil penalty settlements requiring a violator of an environmental law to undertake certain environmentally focused actions. The EPA provides violators who commit to SEPs a discount on their civil penalty in proportion to the cost of the SEP. The EPA's... |
2024 |
| Sonia Lei |
PACIFIC ISLANDS AND THE U.S. MILITARY: THE LEGAL BORDERLANDS OF THE ENVIRONMENTAL MOVEMENT |
47 Seattle University Law Review 1547 (Spring, 2024) |
Climate change remains an urgent, ongoing global issue that requires critical examination of institutional polluters. This includes the world's largest institutional consumer of petroleum: the United States military. The Department of Defense (DoD) is a massive institution with little oversight, a carbon footprint spanning the globe, a budget... |
2024 |
| Adam Fisher |
PAY TO PLAY? THE PAST, PRESENT, AND FUTURE OF RECREATION FEES ON FEDERAL PUBLIC LANDS |
54 Environmental Law Reporter (ELI) 10127 (February, 2024) |
The United States has historically valued free access to most public lands. But federal land management agencies also rely on users' fee dollars to support critical operations. This tension between free access and user pays has been an important feature of public land law since the late 1800s. The primary statute at issue is the Federal Lands... |
2024 |
| Benjamin W. Cramer |
POLLUTERS ANONYMOUS: HOW EXEMPTIONS TO THE FREEDOM OF INFORMATION ACT CONTRADICT AMERICAN ENVIRONMENTAL LAW |
39 Journal of Environmental Law & Litigation 125 (2024) |
Introduction. 125 I. Informational Requirements of American Environmental Law. 127 A. The National Environmental Policy Act. 127 B. Pollution Control Statutes. 130 C. The Emergency Planning and Community Right to Know Act. 134 II. Exemption 3 of the Freedom of Information Act. 136 A. Judicial History of Exemption 3. 139 B. Environmentally Relevant... |
2024 |
| Christine Billy |
PREPARING FOR THE CLIMATE CRISIS: OSHA, DEADLY HEAT, AND EMERGENCY POWERS |
51 Ecology Law Quarterly 57 (2024) |
In April of 2023, the Occupational Safety and Health Administration reviewed a petition brought by seven State Attorneys General urging the agency to issue an emergency rule addressing deadly workplace heat exposure. The agency acknowledged the acute hazards that heat poses to workers but decided against emergency intervention. A few months later,... |
2024 |
| Madelaine Ackermann |
PRESERVING ECUADOR'S NATURAL WONDERS: A REVOLUTIONARY APPROACH TO PROTECTING INDIGENOUS COMMUNITIES' ANCESTRAL LANDS |
32 Michigan State International Law Review 433 (2024) |
South America, home to the Amazon Rainforest, is essential for combating climate change. Historically, thousands of indigenous groups have called the Amazon home, but have been forced off their land and have been granted no legal rights to their land. Although several countries in South America have expressed the importance of preserving the... |
2024 |
| Hannah Ellis |
PRESERVING PASTORALIST LIFESTYLES IN RESPONSE TO CLIMATE CHANGE-INDUCED DROUGHTS IN KENYA: IMPROVING LAND TENURE THROUGH ENVIRONMENTAL POLICIES AND CIVIL RIGHTS LAWS |
24 Sustainable Development Law & Policy 4 (Spring, 2024) |
C1-2TABLE OF CONTENTS Introduction. 5 Part I. Pastoralism and Climate Change Acceleration. 5 A. What is Pastoralism?. 5 B. Climate Change as a Threat Multiplier. 6 C. Misunderstandings about Pastoralism. 6 Part II. Existing Legal Framework in Kenya. 8 A. Civil Rights and Environmental Protections in the Constitution. 8 B. Land Rights Laws. 8 Part... |
2024 |
| Amanda N. Misasi |
PROSECUTING THE CRIMES OF CLIMATE CHANGE UNDER ARTICLE 7 OF THE ROME STATUTE |
32 Michigan State International Law Review 129 (2024) |
The potential application of other inhumane acts under article 7(1)(k) of the Rome Statute to prosecute individuals most responsible for the climate crisis for crimes against humanity. This thesis attempts to establish that the current legal framework of crimes against humanity under the Rome Statute of the International Criminal Court allows for... |
2024 |
| Sarah A. Matsumoto |
PROTECTING WATER, SUSTAINING COMMUNITIES: TRANSFORMING GROUNDWATER MANAGEMENT ENTITIES INTO SOURCES OF POWER DURING AND AFTER ENVIRONMENTAL CRISES |
92 UMKC Law Review 825 (Summer, 2024) |
Groundwater serves as a vital, limited resource for people all over the world. The United States Geological Survey reports that about 140 million people in the United States rely on groundwater for drinking water, of those, almost 43 million people rely on groundwater from domestic (or private, non-public supply) wells. In rural areas, groundwater... |
2024 |
| Theresa Pinto, Esq. M.S., Abigail Fleming, Esq., Sabrina Payoute, M.S., Elissa Klein |
PUBLIC HEALTH IMPACTS AND INTRA-URBAN FORCED DISPLACEMENT DUE TO CLIMATE GENTRIFICATION IN THE GREATER MIAMI AREA--COMMUNITY LAWYERING FOR ENVIRONMENTAL JUSTICE AND EQUITABLE DEVELOPMENT |
78 University of Miami Law Review 432 (Spring, 2024) |
Because Miami-Dade County is ground zero for such climate effects as sea-level rise and increasingly hazardous, climate-driven Atlantic hurricanes, the coral rock ridge that runs along the Eastern coast of South Florida is a prime target for redevelopment and climate gentrification. Through a community and movement lawyering for environmental... |
2024 |