| Author | Title | Citation | Summary | Year |
| 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 |
| Richard E. Levy , University of Kansas School of Law |
RESTRICTIONS ON FOREIGN OWNERSHIP OF LAND |
93-AUG Kansas Bar Journal 11 (July/August, 2024) |
In the 2024 session, the Kansas Legislature approved SB 172, the Kansas Land and Military Installation Act. The KLMI would prohibit the ownership of land within 100 miles of a military installation in the state by certain foreign adversaries of the United States. Although the Legislature failed to override the governor's veto of the bill, it seems... |
2024 |
| Alexis Studler |
REVIVING INDIAN COUNTRY: EXPANDING ALASKA NATIVE VILLAGES' TRIBAL LAND BASES THROUGH FEE-TO-TRUST ACQUISITIONS |
29 Michigan Journal of Race and Law 125 (Spring, 2024) |
For the last fifty years, the possibility of fee-to-trust acquisitions in Alaska has been precarious at best. This is largely due to the Alaska Native Claims Settlement Act of 1971 (ANCSA), which eschewed the traditional reservation system in favor of corporate land ownership and management. Despite its silence on trust acquisitions, ANCSA was and... |
2024 |
| Mia M. Rahim, Guy C. Charlton, Abhay Kanwar |
RIVER WATER REGULATION IN INDIA: THE CHALLENGES OF THE ENTANGLED STATE |
19 University of Pennsylvania Asian Law Review 419 (June, 2024) |
The inland river water regulations in India have become complicated by debates over river ownership, environmental sustainability, native aspirations, and industrial growth. This Article argues that such complexities surrounding the river water regulations inform a state of entanglement which cannot be addressed without invoking the unique way... |
2024 |
| Jonathan Liljeblad |
SEA PEOPLES & MARINE PLASTIC POLLUTION IN SOUTHEAST ASIA: AN INTERNATIONAL HUMAN RIGHTS APPROACH IN SUPPORT OF INDIGENOUS RIGHTS TO ENVIRONMENT |
27 UCLA Journal of International Law and Foreign Affairs 59 (Spring, 2024) |
The paper explores the potential for international human rights law to further articulation of indigenous rights to environment. The paper does so by using the case of sea peoples struggling against marine plastic pollution in Southeast Asia as an illustration clarifying how provisions in international human rights instruments can advance... |
2024 |
| Chairwoman Charlene Nelson , Geoff Strommer |
SEEKING HIGHER GROUND--HOW CONGRESS CAN HELP TRIBES BEING PUSHED TO THEIR LIMITS DUE TO CLIMATE CHANGE |
49 Human Rights 8 (2024) |
After months and years of natural disasters and extreme weather events, even the skeptics are having a hard time denying the obvious: climate change is here. And the climate refugees are coming. Many of the first will be Indigenous people, who are often those most affected by climate impacts and who, from all over the world, have been sounding the... |
2024 |
| Bryn Arnold |
SILENCE IS VIOLENCE: PROTECTING TITLE IX VICTIMS BY APPLYING TITLE VI'S HOSTILE ENVIRONMENT FRAMEWORK TO CLAIMS OF FURTHER VULNERABILITY |
56 Texas Tech Law Review 783 (Summer, 2024) |
Student-on-student sexual harassment is a serious problem that often goes unnoticed in K-12 education as well as universities. Under Title IX, these federally funded educational institutions owe a duty to their students to protect them from sex discrimination, specifically when there has been a reported incident of sexual harassment and the... |
2024 |
| Sarah J. Fox |
SOIL GOVERNANCE AND PRIVATE PROPERTY |
2024 Utah Law Review 1 (2024) |
This is an Article about soil. In consequence, it is also an Article about our relationship to land, and about how that relationship can and must change to confront the many environmental crises facing the United States. Questions about our relationship with the physical environment around us necessarily come to the fore in conversations about soil... |
2024 |
| Anya T. Janssen , Melissa K. Scanlan |
SOLVING THE PHOSPHORUS PARADOX: FIVE STATES' APPROACHES TO RESTORING NUTRIENT IMPAIRED SURFACE WATER QUALITY |
47-SPG Environs Environmental Law and Policy Journal 159 (Spring, 2024) |
The phosphorus paradox is a phrase coined to call attention to a challenge of scarcity pitted against overabundance, a story of necessity for a naturally scarce critical element that unfolds into a world of excess and degradation. We depend on phosphorus to feed the world and yet do not treat it as precious nor manage it as finite. Decades of... |
2024 |
| Elizabeth Stephani |
SOUTH AFRICA LAND REFORM: MORE IS LESS |
49 Brooklyn Journal of International Law 420 (2024) |
Tension surrounding White land ownership in South Africa persists nearly twenty years after the historic 1994 elections ushered in the a new era of freedom for non-White South Africans. White South Africans still own 72 percent of the country's private farmland. These realities have fueled political hate speech; including the controversial rally... |
2024 |
| Hon. Kostan R. Lathouris , CHIEF JUDGE OF THE LAS VEGAS PAIUTE TRIBAL COURT |
SOVEREIGNTY, JURISDICTION, AND LANDS MATTER |
32-FEB Nevada Lawyer 18 (February, 2024) |
The lights of a county law enforcement vehicle flashed in my rearview mirror. I had just left the reservation and was driving on a part of the road where everyone ignored the posted speed limits--unless, of course, there were donkeys wandering around. There were no donkeys that day. I was speeding, no question about it. So, I pulled over and waited... |
2024 |
| Josiah Wolf |
SPRAWL AND CLIMATE CATASTROPHE: NORMATIVE CHALLENGES IN ZONING FOR DECARBONIZATION |
37 Tulane Environmental Law Journal 129 (Winter, 2024) |
I. Introduction. 129 II. Sprawl, Zoning, and Decarbonization. 131 A. The Impact of Climate Change on the Urban Environment. 131 B. Why is Addressing Climate Change Through Land Use Policy So Crucial?. 133 C. Zoning's History, Facilitation of Sprawl, and Unfortunate Incentives. 137 III. Preemption, the Administrative State, and Legitimacy. 141 A.... |
2024 |
| Lauren Cormany |
STANDING IN THE WAY OF ENVIRONMENTAL JUSTICE |
2024 Utah Law Review 167 (2024) |
In the 1980s, a groundbreaking study revealed that the most determinative factor in the location of environmental hazardous sites was not social or economic status, but race. In 2021, the Environmental Protection Agency (EPA) published data revealing that people of color are 2.4 times more likely to be exposed to heavy pollution than White... |
2024 |
| Ada Montague Stepleton , Sapphire Carter |
STRANGE BEDFELLOWS: STATES, TRIBES, AND WATER RIGHTS |
47 Public Land & Resources Law Review 77 (2024) |
I. Introduction. 79 II. Research Process. 83 III. Legal Background. 84 A. General Overview of Reserved Indian Water Rights. 85 B. The Winters Doctrine. 85 C. McCarren Amendment. 88 D. State Water Administration Systems. 90 1. Prior Appropriation and Federally Reserved Indian Water Rights. 90 2. Riparian Rights and Federally Reserved Indian Water... |
2024 |
| Stephen D. Earsom |
STRIKING BEFORE THE IRON IS HOT: HOW TRIBES IN THE EAST CAN ASSERT THEIR WINTERS RIGHTS TO PROTECT TRIBAL SOVEREIGNTY & MITIGATE CLIMATE CHANGE |
42 Virginia Environmental Law Journal 47 (2024) |
Federally recognized tribes have been denied access to their legal allotments of water for over two centuries through a combination of federal assimilation and annihilation programs, inequitable provision of irrigation systems by federal agencies, and hostile state governments. The Winters doctrine is leaned upon heavily by tribes in the western... |
2024 |
| Jade A. Craig |
STRUGGLE AGAINST THE WATER: CONNECTING FAIR HOUSING LAW AND CLIMATE JUSTICE |
24 Nevada Law Journal 737 (Spring, 2024) |
C1-2Table of Contents Introduction. 737 I. Background. 748 A. The Designation of Locations for Black Communities. 748 B. Flooding and the Legacy of Redlining. 754 II. Equitable Relocation. 755 III. Fair Housing in the Age of Climate Retreat. 768 A. Considering Whether to Relocate. 775 B. Buyout Programs and Fair Housing. 779 C. Deciding Where to... |
2024 |
| Nicholas E. Armstrong |
SWEAT EQUITY: A CONTEMPORARY ANALYSIS OF LAND DISPOSSESSION OF BLACK FARMERS IN THE SOUTHERN UNITED STATES |
73 Washington University Journal of Law & Policy 408 (2024) |
Black rural land ownership is not what it was once was and Black rural landowners own far less than what they could and should own. Upwards of ninety percent of Black rural landowners have been dispossessed of their land due to government agency failure, systemic discrimination, and private prejudice that has shaped the legal landscaped since... |
2024 |
| Rose Cuison-Villazor |
THE 2023 ALIEN LAND LAWS AND HISTORICAL AMNESIA |
46 Western New England Law Review 102 (2024) |
Thank you Western New England Law Review, Andrew Loin (Editor-in-Chief), and Dean Zelda Harris for inviting me to participate in this incredibly powerful conference. I have learned so much from the speakers and panel discussions today. It truly is an honor to be part of this symposium. Since I am one of the last speakers of the day, I thought that... |
2024 |
| Gregor A. MacGregor |
THE ACADEMY'S ROLE AT THE INTERSECTION OF ENVIRONMENTAL AND RESTORATIVE JUSTICE: PUTTING LAW INTO PRACTICE AT THE ACEQUIA ASSISTANCE PROJECT |
51 Northern Kentucky Law Review 125 (2024) |
When we think of environmental justice, we often think of the movement's genesis. In the fall of 1982, black residents and their allies in Warren County, North Carolina, marched for six weeks to protest the placement of a toxic waste landfill in their community. The Warren County controversy captured national attention in a way prior controversies... |
2024 |
| Scott W. Stern |
THE CASE FOR CLIMATE REPARATIONS |
128 Dickinson Law Review 529 (Winter, 2024) |
Climate reparations are, to employ an old cliché, an idea whose time has come. Of course, calls for reparations have been emanating from the Global South since long before scholars in the Global North started paying attention. The United States has been in the midst of a public debate over reparations for many years. And reparations have become... |
2024 |
| Gina S. Warren |
THE CHRONIC GROWING PROBLEM: ENVIRONMENTAL AND SOCIAL JUSTICE CONCERNS WITH INDOOR CANNABIS GROWS |
45 Cardozo Law Review 1901 (August, 2024) |
The rapid legalization of recreational marijuana across states has created en vironmental and social justice issues, particularly with indoor cultivation. Despite its federal illegality, twenty-four states and various territories have legalized marijuana, igniting a surge in indoor cultivation that bears significant environmental and social... |
2024 |
| Keith H. Hirokawa, Cinnamon P. Carlarne |
THE CLIMATE MORATORIUM |
11 Texas A&M Law Review 365 (Winter, 2024) |
Climate change is our new reality. The impacts of climatic changes, including massive forest fires, floods, drought, severe storms, saltwater intrusion, and the resulting migration of people displaced by such impacts, will continue to ravage communities across the nation into the foreseeable future. In the meantime, communities continue to expand... |
2024 |
| Jackson Moffett |
THE DISPROPORTIONATE BURDEN ON VULNERABLE COMMUNITIES IN THE TRADE OF PLASTIC WASTE: HOW ENVIRONMENTAL JUSTICE SHOULD BE INTEGRATED INTO THE UNITED NATIONS TREATY ON PLASTIC POLLUTION |
30 UC Law Environmental Journal 177 (May, 2024) |
The United Nations Environment Assembly passed a resolution to end plastic pollution with a legally binding treaty in response to growing international concern over the destruction of the environment and human health from plastic pollution. Plastic waste disposal is currently regulated under the Plastic Waste Amendments of the Basel Convention on... |
2024 |
| Shantal Pai |
THE EFFECT OF HISTORICAL TRIBAL POLICY AND PROPERTY RIGHTS ON ENVIRONMENTAL REGULATION |
39-SUM Natural Resources & Environment 47 (Summer, 2024) |
Before there were Europeans in the United States, there were Indigenous people. They governed independently through sophisticated governments that included tribal laws, cultural traditions, religious customs, and societal systems. Native American nations treated each other as sovereign governments, often negotiating treaties with each other to... |
2024 |
| |
THE ENVIRONMENTAL JUSTICE IMPLICATIONS OF PFAS |
54 Environmental Law Reporter (ELI) 10911 (November, 2024) |
On June 13, 2024, the Environmental Law Institute and its Pro Bono Clearinghouse hosted the tenth installment of the continuing legal education series Community Lawyering for Environmental justice, focusing on the environmental justice implications of forever chemicals, including per- and polyfluoroalkyl substances (PFAS). A panel of experts... |
2024 |
| Jae Woon Lee, Antigoni Lykotrafiti, Máté Gergely |
THE EU-ASEAN COMPREHENSIVE AIR TRANSPORT AGREEMENT (2022): FROM REGIONAL TO INTERREGIONAL TO GLOBAL? |
89 Journal of Air Law and Commerce 391 (Summer, 2024) |
The EU-ASEAN Comprehensive Air Transport Agreement (CATA) is the latest example of the EU's effort to set a global benchmark in the regulation of international air transport. The EU-ASEAN CATA is an exceptional ASA for its geographic coverage, liberalizing impact, and expanded substantive scope. As the first-ever bloc-to-bloc ATA with 27 EU... |
2024 |
| Islam Attia |
THE JUDICIALIZATION OF CLIMATE CHANGE: THE TECHNIQUE AND ITS PROLIFERATION |
56 New York University Journal of International Law & Politics 833 (Spring, 2024) |
--Nothing falls beyond the purview of judicial review --Interpretation is the only game in town On 29 March 2023, the UN General Assembly (UNGA) requested an advisory opinion from the International Court of Justice (ICJ) on the legal consequences of climate change under several regimes including international human rights law. Due to the... |
2024 |
| Ricardo Torres Febre |
THE JURIDIFICATION OF ENVIRONMENTAL JUSTICE |
93 Revista Juridica Universidad de Puerto Rico 383 (2024) |
Introduction. 383 I. Environmental justice and the Judicial System. 385 II. The Phenomenon of Juridification. 388 A. Filtering: the Incompatibility of Climate Issues with the Legal Process. 390 B. Understanding: How Environmental Regulation Highlights the Political Nature of the Law. 396 C. Redressability in Juliana v. United States. 399 III.... |
2024 |
| Cosmas Emeziem |
THE LAW OF THE SEA CONVENTION 1982 AT FORTY-TWO: MILESTONES, TURBULENT WATERS, AND GLOBAL PEACE |
55 George Washington International Law Review 393 (2024) |
This Article briefly explores the forty-two-year history of the 1982 United Nations Convention on the Law of the Sea (UNCLOS or the Convention), looking at its milestones, challenges, and enduring puzzles about the law of the Sea and the current realities of international relations. Often referred to as the constitution of the oceans, UNCLOS is... |
2024 |
| Daina Bray, Thomas M. Poston |
THE METHANE MAJORS: CLIMATE CHANGE AND ANIMAL AGRICULTURE IN U.S. COURTS |
49 Columbia Journal of Environmental Law 145 (2024) |
Over two dozen lawsuits have been filed in U.S. courts against fossil fuel companies by state and local government plaintiffs alleging climate harms and deceptions. But there are other central actors beyond these Carbon Majors that contribute heavily to the warming climate. Prominent among them is the animal agriculture sector, a significant... |
2024 |
| Ilias Bantekas |
THE OFF-GRID REVOLUTION AND THE "PROMISE" OF ENERGY EQUALITY UNDER THE PARIS CLIMATE CHANGE AGREEMENT |
23 Northwestern Journal of Human Rights 43 (Fall, 2024) |
Abstract--A key thesis of this article is that since renewable energy is quintessentially a public good both in constitutional and macroeconomic terms, its availability without restrictions to all people is a true manifestation of economic self-determination, ultimately entailing what this author calls energy equality. Although this equality is... |
2024 |