AuthorTitleCitationSummaryYear
Cynthia A. Williams CLIMATE CHANGE AND CORPORATE LAW IN THE UNITED STATES: NOT "WOKE" BUT EYES OPEN 110 Iowa Law Review 2277 (July, 2025) ABSTRACT: This Essay discusses the evidence that climate change and nature loss create financially material risks for corporations that must be carefully considered by officers and directors pursuant to their fiduciary duties of loyalty and care. This analysis concludes that under the current state of fiduciary duty law and the known financial... 2025
Jean-François Hould, Sonya Savage, Kristy Balsanek, Victor Flatt CLIMATE CHANGE AND HUMAN RIGHTS 49 Canada-United States Law Journal 96 (2025) Mr. STEPHEN PETRAS: We're here for our fourth and final panel of this year's conference, which is climate change and human rights. Our moderator is Jean-François Hould, who holds the position of Delegate of the Québec Government Office in Chicago. And, by the way, that office has been a great supporter of the Canada-U.S. Law Institute over the... 2025
Samvel Varvastian , School of Law and Politics, Cardiff University, Cardiff, United Kingdom CLIMATE CHANGE AND MENTAL HEALTH: A HUMAN RIGHTS PERSPECTIVE 53 Journal of Law, Medicine & Ethics 298 (Summer, 2025) Climate change-related environmental harms have been observed to negatively affect mental health. While policymakers and courts around the world widely recognise the impacts of climate change on physical heath as potentially endangering human rights, the implications of climate change for mental health have received significantly less attention.... 2025
Monica Visalam Iyer CLIMATE EQUALITY LITIGATION AND TRANSFORMATIVE JUSTICE 55 Columbia Human Rights Law Review Forum 286 (December, 2025) Perhaps the most optimistic view of the climate crisis is that it presents an opportunity, or even a necessity, to forge a new vision of the world that we share. If we are to face the threat of global warming, this must be done not only in a manner that is environmentally sustainable, but also in a way that reckons with historical and structural... 2025
Anya Ek CLIMATE MIGRATION IN THE MIDDLE EAST AND NORTH AFRICA: USING THE RIGHT TO HEALTH AS A BASIS FOR PREVENTATIVE AND REMEDIAL POLICY 40 Connecticut Journal of International Law 258 (Summer, 2025) Climate change is forcing mass displacement and migration in the Middle East and North Africa on a scale domestic and international legal regimes are unprepared to handle. This Note provides an overview of the various ways climate migration detrimentally impacts human health in the Middle East and North Africa, examining the issue from both pre-... 2025
Shi-Ling Hsu CLIMATE RESILIENCE: A TYPOLOGY 93 UMKC Law Review 801 (Summer, 2025) July 20, 2024, was the hottest day on Earth ever recorded, a global average of 62.76°F, until July 21, 2024, when the global average eclipsed the day-old record by reaching 62.87°F. By the end of that week, the four hottest days on Earth had occurred in that seven-day period. The ten hottest years in recorded history have been the last ten years,... 2025
Andrew Hammond CLIMATE STRAINS AND THE SAFETY NET 111 Iowa Law Review 155 (November, 2025) ABSTRACT: As the climate crisis deepens, environmental pressures like extreme heat and worsening air quality are steadily degrading daily life in the United States. Distinct from climate shocks like hurricanes or wildfires, these climate strains impact all Americans, but do so unequally, depending on several factors, including people's geographic... 2025
Marissa Cripe COMMUNITY RULES: UTILIZING CUSTOMARY LAW TO COMBAT ENVIRONMENTAL DEGRADATION IN THE SOUTH PACIFIC 24 Washington University Global Studies Law Review 183 (2025) INTRODUCTION. 183 I. CUSTOMARY LAW. 185 A. Legal Recognition of Customary Law. 188 B. Customary Law and Traditional Resource Management. 191 C. Customary Law and the Courts in the South Pacific Islands. 193 II. SAMOA AND THE FISHERIES ACT. 195 III. LOOKING AT PNG'S AND THE SOLOMON ISLANDS' ATTEMPTS. 198 A. PNG. 199 B. Solomon Islands. 201 IV.... 2025
Olivia Clausen CONSERVING CONSERVATION SERVITUDES: THE ROLE OF THE PRIOR PUBLIC USE DOCTRINE IN PROTECTING PRIVATELY CONSERVED LAND IN THE UNITED STATES AND AUSTRALIA 37 Pace International Law Review 261 (2025) I. INTRODUCTION. 263 II. BACKGROUND. 268 A. Benefits of Conservation Servitudes. 268 B. Threats to Permanence. 272 C. The Prior Public Use Doctrine. 275 D. Isaac W. Bernheim Foundation v. Louisville Gas and Electric Company. 281 E. Youth Verdict v. Waratah Coal. 284 III. CONSERVATION SERVITUDES IN THE UNITED STATES AND AUSTRALIA. 286 A.Uniform... 2025
Rodolfo Lopez Moreno , Center for Social Conflict and Cohesion Studies (COES), Santiago, CL, Chile, Email: rodolfolopezm@gmail.com CONSTITUTIONALLY MOBILIZING AGAINST CLIMATE CHANGE: THE CASE OF THE ENVIRONMENTAL MOVEMENT AT THE CHILEAN CONSTITUTIONAL CONVENTION 59 Law and Society Review 106 (March, 2025) (Received 15 September 2023; revised 25 August 2024; accepted 10 October 2024) As Chile embarked on a constitutional replacement process during its worst-ever drought, local environmental activists secured significant representation at the Constitutional Convention responsible for drafting a new constitution, and successfully integrated provisions... 2025
Gary Norman Esq. LLM CONVERSATION IN MY PARLOR ABOUT CLIMATE CHANGE AND THE CALL TO THOUGHTFUL SERVICE BY LAWYERS WITH DISABILITIES 38 Journal of Law and Health 329 (21-Apr-25) Abstract: Pope John Paul II penned, So much of our world seems to be in fragments, in disjointed pieces. Experts admonish that an irreparable threshold of 1.5°C for global temperatures is not a theoretical remonstrance but an imminent imperative. Is this true? This article will explore if climate change exists. I will thoughtfully respond to this... 2025
Raychel Octavia Gadson , Department of Political Science, Johns Hopkins University, Baltimore, MD, USA, Email: raychel.gadson@gmail.com CO-OPTING THE STATE: MOBILIZING ENVIRONMENTAL JUSTICE CLAIMS IN A REGULATORY AGENCY 59 Law and Society Review 82 (March, 2025) Sociolegal scholars have long debated the effectiveness of legal mobilization as a strategy for achieving social change. In addition to evaluating outcomes of wins and losses in court, they have identified several indirect effects of legal mobilization on social movements. Mobilizing new rights concepts can increase support for a movement, divide... 2025
Joseph Brau COORDINATING COORDINATION REQUIREMENTS IN ENVIRONMENTAL EMERGENCY ACTION PROVISIONS 100 New York University Law Review 1211 (October, 2025) Certain provisions within environmental statutes, known as emergency action provisions, provide EPA administrators with the authority to take legal action when certain forms of pollution threaten public health. Of the six most prevalent environmental statutes with emergency action provisions, five have unique requirements for coordination with... 2025
John J. Infranca DECODING LAND USE DISCRETION 110 Iowa Law Review 1755 (May, 2025) ABSTRACT: The housing shortage and affordability crisis have elicited calls for a reappraisal of the allocation of zoning power between state and local governments. Although scholars have given significant attention to potential legal reforms, there has been little discussion of the local administration of zoning codes. Over the course of the... 2025
Amy Van Zyl-Chavarro DEFINING THE RIGHT TO A HEALTHY ENVIRONMENT: INSIGHTS FROM THE INTER-AMERICAN COURT OF HUMAN RIGHTS 55 Environmental Law 49 (Winter, 2025) Examples of governments' failure to protect individuals from the devastating impacts of environmental degradation are widespread, and the ramifications are increasingly global, affecting transboundary concerns like human migration, food production and climate. The global nature of these problems calls for international law solutions, and advocates... 2025
Mark Nevitt DESTROY, REBUILD, REPEAT: HOW TO BREAK THE CLIMATE DISASTER CYCLE 78 Vanderbilt Law Review 493 (March, 2025) Climate change is fundamentally reshaping how we live, where we live, and whether we invest in or retreat from climate-exposed communities--but climate and disaster law is not changing with the climate. This legal latency is driven by antiquated statutes, doctrines, and policies that have not kept pace with the climate moment. Ex ante adaptation... 2025
Michelle Lebed DYING TO COMPETE: HOW THE OPEN-WATER SWIMMING SAFETY ACT CAN PROTECT ATHLETES, HONOR FRAN CRIPPEN'S LEGACY, AND RESHAPE OPEN-WATER SWIMMING BEFORE THE 2028 OLYMPICS 18 Drexel Law Review 313 (2025) Open-water swimming, though an Olympic event since 2008, has never been safe. In light of the Olympics returning to the United States for the first time in over three decades, USA Swimming has the opportunity to set a new global precedent: one where the safety of athletes takes priority over elite competition. This Note argues that current safety... 2025
Jillian Houle ECOCENTRIC ENVIRONMENTAL JUSTICE: WHY WE SHOULD GO THERE AND HOW WE CAN GET THERE 42 Pace Environmental Law Review 359 (Spring, 2025) Environmental justice is necessary. It forces us to grapple with the fact that environmental burdens and benefits have been disproportionately divvied up across arbitrary race- and income-based lines, asks what are you going to do about it?, and offers solutions and answers to the problems it identifies. Everyone benefits from environmental... 2025
Alli Olson ENDOWMENT LANDS: A SOVEREIGN STARTUP, SACRED TRUST, & PROMISE FOR THE FUTURE 68-OCT Advocate 14 (October, 2025) What are endowment lands? Are they public lands? Or are they just open to the public? Aren't they owned by the state? So, they're managed for the people of the state . right? Endowment lands are, well, complicated. But their underlying principle is fairly straightforward. This article endeavors to answer each of the above questions by taking a... 2025
Joseph Brennan, Claudia Butler, Noah Dreeben, Allie Finio, Jen Fridman, Katherine Hagen, Kate Kahle ENVIRONMENTAL CRIMES 62 American Criminal Law Review 563 (Summer, 2025) I. Introduction. 565 A. Criminal Versus Civil Penalties. 566 B. Criminal Enforcement. 567 C. Interaction with Other Criminal Violations. 568 II. General Issues. 568 A. Overview of the Elements of an Environmental Criminal Violation. 568 B. Liability. 569 1. Individual Liability. 569 2. Corporate Liability. 570 C. Common Defenses. 571 1.... 2025
Michaela Anang-Hadjicostandi, Sophia Borgias, Karrigan Bork, Ann M. Eisenberg, Guadalupe M. Franco, Cinnamon Carlarne Hirokawa, Keith H. Hirokawa, Jonathan London, Melinda Morgan, Jessica Owley, Shannon Roesler, Sonya Ziaja ENVIRONMENTAL GEOGRAPHY AND LAW: TOWARD A SYNTHESIS 99 Tulane Law Review 811 (April, 2025) This Article introduces the new interdisciplinary field of Environmental Geography and Law, which has deep roots in ecology, social science, and law. Environmental and natural resources laws are situated in specific times and places--where the climate, ecosystems, history, and political economy influence both the land and the law. These places... 2025
Alexandra L. Phelan , Stefania Negri , Marlies Hesselman ENVIRONMENTAL HEALTH: TOWARDS SYNTHESIS IN GLOBAL LAW AND GOVERNANCE 53 Journal of Law, Medicine & Ethics 41 (Spring, 2025) International law and global governance regimes for environmental health challenges have been slow to reflect the intertwined relationship between the environment and human health. Historical legacies have caused artificial fragmentation between the two that has resulted in distinct fields of international law and institutions for the environment... 2025
Emily DiGiacomo ENVIRONMENTAL JUSTICE AND CUMULATIVE IMPACTS IN CALIFORNIA 55 Environmental Law Reporter (ELI) 10146 (March/April, 2025) Yick Wo immigrated to San Francisco, California, in 1861 and built his own laundry business. San Francisco Order 1569 established a misdemeanor offense for any person who opens a laundry within San Francisco city limits without obtaining a permit from the board of supervisors, which had exclusive discretion to issue permits. Many Chinese... 2025
Jason E. Williams ENVIRONMENTAL JUSTICE AND INDIGENOUS COMMUNITIES IN THE SHADOW OF TAR SANDS 39-WTR Natural Resources & Environment 47 (Winter, 2025) Amid the vast boreal forests of northern Alberta, Canada, lies one of the world's largest and most controversial sources of oil--the Canadian tar sands. This remote and rugged landscape is both an epicenter of industrial activity and the ancestral home of numerous Indigenous communities, including the Athabasca Chipewyan First Nation (ACFN) and... 2025
Shelly Taylor Page, Patricia A. Broussard ENVIRONMENTAL RACISM IN AMERICA: MINORITY COMMUNITIES AS DUMPING GROUNDS FOR ENVIRONMENTAL WASTE 49 Southern Illinois University Law Journal 199 (Winter, 2025) Environmental racism is a disturbing issue affecting Communities of Color and individuals living in poverty alike. Global warming and governmental policies disproportionately affect individuals within the groups mentioned above. This stark imbalance raises serious ethical concerns that must be addressed to ensure the well-being of all citizens.... 2025
Genevieve Tokic ENVIRONMENTAL TAX INCENTIVES: LESSONS FROM THE U.S. INFLATION REDUCTION ACT (SO FAR) 43 Pace Environmental Law Review 57 (Fall, 2025) In 2022, the United States enacted the Inflation Reduction Act (IRA), which President Biden touted as the most significant action the U.S. Congress has ever taken on clean energy and climate change. It is the primary governmental effort taken to date in furtherance of the United States's commitments to reduce greenhouse gas emissions (GHGs)... 2025
Ilona Evelina Mantachian ENVIRONMENTAL WAR CRIMES: ECOCIDE AND THE ARMENIA v. AZERBAIJAN CASE 27 Vermont Journal of Environmental Law 1 (Fall, 2025) War is one of the most catastrophic climate emergencies. From the displacement of Indigenous peoples to its impacts on natural landscapes, war cripples vital ecologies and environmental resources and leaves ecosystems scarred long after ceasefires. Nowhere is this more evident than in the decades of Azerbaijan's state-sanctioned violence against... 2025
Alberto R. Salazar V. ENVISIONING A DUTY OF DIRECTORS TO LINK EXECUTIVE COMPENSATION TO CLIMATE CHANGE: LESSONS FROM EUROPE 49 William and Mary Environmental Law and Policy Review 577 (Spring, 2025) The practice of tying executive compensation to climate change goals has gained some traction. However, designing a duty of directors to link executive pay to climate change objectives poses significant challenges. Some lessons can be drawn from countries attempting to establish such a duty. This Article examines Europe's Corporate Sustainability... 2025
  FEDERAL INDIAN LAW -- TRIBAL JURISDICTION -- NINTH CIRCUIT DENIES REHEARING EN BANC TO CONSIDER WHETHER NONMEMBER PHYSICAL PRESENCE ON TRIBAL LANDS IS REQUIRED FOR TRIBAL ADJUDICATORY JURISDICTION. -- LEXINGTON INSURANCE CO. v. SMITH, 117 F.4TH 1106 (9TH 138 Harvard Law Review 1689 (April, 2025) Chief Justice John Marshall recognized that Indian tribes are distinct, independent political communities, retaining their original natural rights, as the undisputed possessors of the soil, from time immemorial. But he also described tribes as domestic dependent nations. In the last half century, the Supreme Court has used the latter rationale... 2025
Ian A. Lutz FEDERAL INDIAN LAW--ABANDONING THE WARD: FEDERAL GOVERNMENT HAS NO AFFIRMATIVE DUTY TO SECURE WATER FOR NAVAJO NATION--ARIZONA v. NAVAJO NATION, 599 U.S. 555 (2023) 58 Suffolk University Law Review 363 (2025) The federal government's reservation of land for an Indian tribe impliedly gives the tribe reserved rights to fully use all water sources on that land. Although the Supreme Court of the United States has occasionally clarified these rights to allow several Indian reservations to receive specific, quantified amounts of water, the Court has... 2025
Sophia Tidler, P.E. FEED IT TO THE OCEAN: THE FEDERAL APPROACH TO DECOMMISSIONING IN ALASKA NATIVE CLIMATE ADAPTATION PROJECTS 41 Alaska Law Review 445 (June, 2025) This Note calls on the Council on Environmental Quality (CEQ) to issue guidance clarifying that concurrent decommissioning is an in-scope connected action under the National Environmental Policy Act for relocation, managed retreat, and protect-in-place projects aimed at replacing infrastructure in environmentally threatened Alaska Native... 2025
Sophia Tidler FEED IT TO THE OCEAN: THE FEDERAL APPROACH TO DECOMMISSIONING IN ALASKA NATIVE CLIMATE ADAPTATION PROJECTS 55 Environmental Law Reporter (ELI) 10201 (March/April, 2025) This Article calls on the Council on Environmental Quality (CEQ) to issue guidance clarifying that concurrent decommissioning is a connected action under the National Environmental Policy Act for relocation, managed retreat, and protect-in-place projects aimed at replacing infrastructure in environmentally threatened Alaska Native communities. In... 2025
Mandy Mericle FEEDING THE FIRE: THE FEEDBACK LOOP CREATED BY MASS INCARCERATION AND CLIMATE CHANGE AND WHY ABOLITION IS THE ONLY WAY TO A STABLE CLIMATE 5 North Carolina Civil Rights Law Review 151 (Spring, 2025) Introduction. 152 I. The Prison System's Contribution to Climate Change. 156 A. Fossil Fuel Emissions and other Pollutants Created in Building and Maintaining Prison Facilities. 157 B. Prisons Create a Captive Class of Consumers. 160 C. Use of Incarcerated Workers as Low-Cost Labor. 164 II. Rising Temperatures and Unconstitutional Conditions of... 2025
Alexander D. Lewis FIX HOUSING TO FIX AMERICA: UNLOCKING HOUSING ABUNDANCE WITH LAND-USE REFORM 50 Journal of Corporation Law 775 (March, 2025) I. Introduction. 775 II. Background. 777 A. What the Housing Crisis looks like. 777 B. The Origins of Zoning. 779 C. Current Forms of Local Land Use Controls. 782 D. History of Cost Benefit Analysis. 784 E. CBA of Zoning Restrictions. 785 F. Current Efforts to Reform Local Land Use Restrictions. 792 III. Analysis. 795 A. Montana Miracle v.... 2025
Sydney Shearouse FLOWING JUSTICE: QUANTIFYING WATER RIGHTS IN THE WAKE OF ARIZONA v. NAVAJO NATION--NAVIGATING THE LEGAL OASIS FOR NATIVE AMERICAN WATER SOVEREIGNTY 11 Texas A&M Journal of Property Law 433 (15-Feb-25) Climate change has spurred a meteoric rise in environmental disputes particularly in arid climates where water shortages have become increasingly commonplace. Water rights controversies rise to the fore of public discourse as awareness and acceptance of climate change--and its impact on scarce resources--have become a near universal norm. These... 2025
Hannah Corcoran FORGET IT, FLORIDA. IT'S CHINATOWN: THE RETURN OF IMMIGRANT LAND LAWS IN AMERICA 96 University of Colorado Law Review 811 (2025) So the story of man runs in a dreary circle, because he is not yet master of the earth that holds him. -- Will Durant The United States is currently in the midst of a rebirth of what scholars have traditionally dubbed Alien Land Laws (hereinafter Immigrant Land Laws). These laws generally aim to regulate real estate acquisition and... 2025
Hailey Rizzo FROM PETROSTATE TO PRECEDENT: THE IMPACT OF HELD v. MONTANA ON FUTURE CLIMATE LITIGATION AND THE URGENT NEED FOR FEDERAL CLIMATE ACTION 30 Ocean and Coastal Law Journal 219 (June, 2025) Abstract Introduction I. Background A. The Fossil Fuel Industry in Montana B. The 1972 Amendments to Montana's State Constitution C. The Montana Environmental Policy Act and its Subsequent Limitation 1. The 1972 Montana Environmental Policy Act 2. The 2011 MEPA Limitation D. Introduction to Held v. Montana E. Impacts of Climate Change 1. Climate... 2025
Axana M. Soltan JD, LL.M, MP.P FROM THE U.N. DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES TO THE PARIS AGREEMENT: EMBEDDING INDIGENOUS HUMAN RIGHTS IN INTERNATIONAL ENVIRONMENTAL GOVERNANCE 94 UMKC Law Review 141 (Fall, 2025) In the face of escalating global environmental challenges, indigenous communities stand at a critical intersection--both as the stewards of the Earth's most vital ecosystems and as some of the most vulnerable populations to environmental degradation. Yet, these communities are disproportionately affected by deforestation, mining, climate change,... 2025
Andrew Sandahl FROM VALUES TO POLICY: EMBRACING ETHICS WITHIN THE NATIONAL ENVIRONMENTAL POLICY ACT 36 Colorado Environmental Law Journal 29 (Winter, 2025) C1-2Table of Contents Introduction: Bringing Values to Light. 31 I. Environmental Ethics: Developing a Framework. 35 A. Theory: Ethical Spectrums. 35 1. The Consequentialist-Deontological Spectrum. 35 2. The Anthropocentric-Ecocentric Spectrum. 39 3. The Constitutive-Contextual Spectrum. 40 B. Application: Purdy's Perspective. 42 II. The National... 2025
Jarrod Ingles GEOTHERMAL ENERGY AND THE POSSIBILITY OF NARRATIVE UNITY IN ENVIRONMENTAL AND ENERGY LAW 42 Pace Environmental Law Review 410 (Spring, 2025) As the United States seeks to address concerns about climate change and energy affordability through the deployment of renewable energy and natural gas, the tensions between energy law and environmental law have come into sharper relief. These two related fields are converging as never before because solutions to rising energy costs and the wicked... 2025
Brigham Daniels, Elisabeth Parker, Karrigan Bork, Andrew P. Follett, Danny Dudley GREAT SALT LAKE AND THE FUTURE OF ENVIRONMENTAL LAW 96 University of Colorado Law Review 745 (2025) Great Salt Lake teeters on the verge of collapse. As an ecosystem of hemispheric significance, its decline poses an existential threat to the American West. Many have recognized the potential disappearance of Great Salt Lake as an environmental nuclear bomb. Despite this urgency, however, existing tools of federal environmental law or... 2025
Troy J.H. Andrade HO'OKU'IKAHI: RECONCILING LAND DISPOSSESSION, CULTURE, HISTORY, AND LAW IN HAWAI'I 47 University of Hawaii Law Review 335 (Spring, 2025) Hawai'i's story is one like many other Indigenous communities across the globe: a colonizing regime actively assisted in the dispossession of land and illegal overthrow of another internationally recognized sovereign government. This Article examines the ongoing struggle for reparative action for the injustices against Native Hawaiians, Hawai'i's... 2025
Eva Quinones HOSTILE VOTING ENVIRONMENTS: CONCEPTUALIZING RACE-CLASS DISPARITIES IN POLLING PLACES AS DISENFRANCHISEMENT 27 University of Pennsylvania Journal of Constitutional Law 218 (March, 2025) Research in the social sciences has long indicated that racial minorities and class-disadvantaged voters wait longer to vote, receive more confusing answers from poll workers, and vote at locations with worse lighting, signage, parking, and facilities for the disabled. With voting environments as they are, people can vote, but voting will be more... 2025
Karen “Kara” Consalo IF NOT HERE, THEN WHERE? THE CASE FOR LAND REPARATIONS IN EATONVILLE, FLORIDA 34 Southern California Review of Law & Social Justice 171 (Spring, 2025) C1-2TABLE OF CONTENTS I. HISTORY OF BLACK LAND OWNERSHIP AND LAND LOSS IN AMERICA. 172 II. EATONVILLE, FLORIDA: The Town That Freedom Built. 178 III. ASSEMBLY OF THE HUNGERFORD LANDS AND ESTABLISHMENT OF THE HUNGERFORD NORMAL AND INDUSTRIAL SCHOOL. 182 IV. FORCED SALE OF THE HUNGERFORD SCHOOL LANDS. 189 V. COMMUNITY ATTEMPTS TO REGAIN THE... 2025
Michael O'Hora, Paul Rink INCORPORATING INDIGENOUS STEWARDSHIP IN LAND MANAGEMENT 39-WTR Natural Resources & Environment 37 (Winter, 2025) In 2017, New Zealand (known to the Mori people as Aotearoa) passed groundbreaking legislation granting legal personhood to the Whanganui River after over a century of recurring legal efforts and political pressure by the Mori. Dana Zartner, Watching Whanganui & the Lessons of Lake Erie: Effective Realization of Rights of Nature Laws, 22 Vt. J.... 2025
Sidney Paulina Williams INDIAN WATER RIGHTS SETTLEMENTS AND THE ANIMAS-LA PLATA PROJECT: A SELF-FULFILLING PROPHECY OF DEPENDENCY 86 Montana Law Review 471 (Summer, 2025) I. Introduction. 472 II. The Ute Indians: A History of Disturbances. 473 A. Mutable Relations and Policies of Encroachment. 474 B. Reservation Boundaries: Isolation, Incorporation, and Termination. 477 C. Tribal Integration: Conditional Terms of Dependency. 479 D. Tribal Capacity and Resource Management. 481 III. The Language of the Law:... 2025
Niv Ovadia, Elisa Rivas INDIGENOUS CHILDREN AND ENVIRONMENTAL RACISM 40-FALL Natural Resources & Environment 28 (Fall, 2025) Across the United States, Indigenous children face a hidden but devastating threat: environmental racism. Often defined as the disproportionate exposure of marginalized communities to pollution and environmental hazards, environmental racism results from policies that neglect or actively harm these populations. From undrinkable water to toxic land,... 2025
Darren Parry INDIGENOUS PERSPECTIVE TO CLIMATE AND ENVIRONMENT 58 U.C. Davis Law Review 2569 (June, 2025) Centuries ago, the smoke of his wigwam and the fires from his council meetings rose in every village. The young listened to the songs and the tales of bygone years; they listened and learned, so that someday they might also repeat the same. The mothers took time to play with their children and taught them to love and to appreciate the simplest joys... 2025
Dante R. Gurule INFRASTRUCTURE, EQUITY AND CLIMATE CHANGE: THE PROMISE OF THE INFRASTRUCTURE INVESTMENT AND JOBS ACT (IIJA) 10 One J: Oil and Gas, Natural Resources, and Energy Journal 289 (January, 2025) [W]e've seen in the last couple of years the damage done in Texas and other places when transmission lines carrying power were taken down by extreme and unanticipated weather, leaving millions of folks without electricity for weeks and weeks, and costing our economy billions and billions of dollars. This bill provides upgrades to our power grid so... 2025
Steven Ferrey INTO THE LEGAL "TWILIGHT ZONE": STATE TENTH AMENDMENT JURISDICTION DISPLACING CLIMATE SUPREMACY 28 Lewis & Clark Law Review 715 (2025) The Supremacy Clause of the Constitution notwithstanding, western states have utilized their reserved Tenth Amendment Constitutional authority, upheld by federal circuit courts, arbitrarily to block their adjacent states' sustainable infrastructure to address climate change. The Biden Administration set in motion a rapid electrification of the... 2025
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