| Author | Title | Citation | Summary | Year |
| 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 |
| John D. Leshy |
PUBLIC LANDS AND NATIVE AMERICANS: A GUIDE TO CURRENT ISSUES |
47 Public Land & Resources Law Review 1 (2024) |
I. Introduction. 1 II. Dispossession History in Relation to Today's Public Lands. 5 III. Many Native Americans and Non-Native Public Land Protection Advocates Have Strong Common Interests. 9 IV. U.S. Protection of Culturally Important Public Lands. 10 V. The Climate Challenge. 13 VI. Other Complications in Addressing Native Concerns on Public Lands... |
2024 |
| Lisa Benjamin |
RACIAL CAPITALISM AND CLIMATE CHANGE: COLONIALISM AND CLIMATE LAW AND POLICY IN THE COMMONWEALTH |
41 Wisconsin International Law Journal 577 (Summer, 2024) |
This Article provides a snapshot of current climate policy and litigation experiences in a select group of Commonwealth countries: the United Kingdom, Canada, India, Pakistan, Kiribati, and The Bahamas. It traces current domestic climate policies and litigation experiences back to the colonial histories of these countries. These Commonwealth... |
2024 |
| Carmen G. Gonzalez |
RACIAL CAPITALISM, CLIMATE CHANGE, AND ECOCIDE |
41 Wisconsin International Law Journal 479 (Summer, 2024) |
Lawyers, scholars, and activists have long sought to incorporate ecocide into the Rome Statute of the International Criminal Court to address corporate and governmental impunity for massive and severe ecological damage, including the harms caused by climate change. This Article uses the framework of racial capitalism to examine and critique the... |
2024 |
| Albert C. Lin |
RATIONING PUBLIC LANDS |
104 Boston University Law Review 345 (March, 2024) |
Visitation at national parks and other public lands has surged to record levels, a trend intensified in many places by the COVID-19 pandemic. Unfortunately, the popularity of public lands has led to congestion, a degraded outdoor experience, and damage to natural resources. In response, land managers have adopted capacity limits, reservation... |
2024 |
| Dylan R. Hedden-Nicely |
REBALANCING WINTERS: INDIGENOUS WATER RIGHTS AND CLIMATE CHANGE IN THE WESTERN UNITED STATES |
48 Harvard Environmental Law Review 489 (2024) |
C1-2Table of contents Introduction. 490 I. The Historical Development of Western Water Law. 491 II. The Devolution of the Quantification Method for Reserved Irrigation Water Rights for Tribes. 496 A. The Original Understanding of the Winters Doctrine. 496 B. The Balance Struck in Arizona v. California. 508 C. The Contemporary Method for Estimating... |
2024 |
| Sonia Sikka, Professor, Department of Philosophy, University of Ottawa, Canada, ssikka@uottawa.ca |
RELIGIOUS FREEDOM AND SACRED LANDS |
39 Journal of Law and Religion 116 (January, 2024) |
Taking Ktunaxa Nation v. British Columbia as a focal point, the author argues that the legal framing of Indigenous sacred land claims in terms of religious freedom carries significant costs. It impels courts to bracket consideration of sovereignty and territorial rights, while positioning Indigenous worldviews as nonrational rather than as dynamic... |
2024 |
| Amanda F. Watson |
REMEDIATION FOR PFAS CONTAMINATION: THE ROLE OF CERCLA ENFORCEMENT IN ENVIRONMENTAL JUSTICE |
58 Georgia Law Review 803 (Winter, 2024) |
PFAS are a family of manufactured chemicals that are highly persistent in the environment. Most people in the U.S. have been exposed to PFAS, but different groups of people may have higher exposure due to their environments. In recent years, peer-reviewed scientific studies have shown that PFAS are linked to numerous adverse human health effects.... |
2024 |
| David A. Green |
REMINISCENT OF THE LITTLE ROCK NINE AND RUBY BRIDGES: PRESENT DAY RACIALLY OFFENSIVE COMMENTS THAT CREATE A HOSTILE EDUCATIONAL ENVIRONMENT |
23 Connecticut Public Interest Law Journal 72 (Fall, 2023-Winter, 2024) |
Education . means emancipation. It means light and liberty. It means the uplifting of the soul of man into the glorious light of truth, the light by which men can only be made free. - Frederick Douglass Dr. William Anderson is a full professor at Anystate University, within the University's College of Arts & Sciences, Liberal Arts and Humanities... |
2024 |
| Clara Potter, Lauren Godshall |
RENTING AT THE EDGE OF THE WORLD: CLIMATE CHANGE PROTECTIONS FAILING RENTERS |
74 Washington University Journal of Law & Policy 117 (2024) |
American law and policy are designed to protect property owners. Unsurprisingly, this extends to the policies and laws that are developing in response to climate change. Renters, however, are a massive part of the population, particularly in the places most likely to be impacted in the near and long-term by the effects of climate change. Yet... |
2024 |
| Taylor Graham |
RESOLVING CONFLICTS BETWEEN TRIBAL AND STATE REGULATORY AUTHORITY OVER WATER |
112 California Law Review 625 (April, 2024) |
In 2017, the Agua Caliente Band of Cahuilla Indians affirmed their legal right to water in a landmark victory in the Ninth Circuit Court of Appeals. In an exercise of its sovereign authority, the Tribe then implemented a permit system to regulate use of the groundwater underlying its reservation. But local and state water agencies already have a... |
2024 |