| Author | Title | Citation | Summary | Year |
| Ling Chen |
CLIMATE LAW EDUCATION AND ITS PLACE IN CANADIAN LAW SCHOOLS |
53 Environmental Law 1 (Winter, 2023) |
Canadian law schools have approached climate law through diverse legal curricula. The increased diversity of their course contents and pedagogies showcases not only the range of knowledge, skillset, and attentiveness fostered in classrooms but also the experimental and inconsistent character of climate law teaching. This Article explores what... |
2023 |
| Chief Judge Manuel I. Arrieta |
CLIMATE LITIGATION: THE FUTURE IS NOW |
63 Natural Resources Journal 139 (Winter, 2023) |
About a year ago, I received an email from New Mexico Supreme Court Justice Michael Vigil: The National Judicial College was seeking applicants from all fifty states to select one judge from each state for its Judicial Leaders in Climate Science program. This is a program funded and organized by the National Environmental Institute headquartered in... |
2023 |
| Camila Bustos , Bruni Pizarro , Tabitha Sookdeo |
CLIMATE MIGRATION AND DISPLACEMENT: A CASE STUDY OF PUERTO RICAN WOMEN IN CONNECTICUT |
55 Connecticut Law Review 781 (June, 2023) |
The climate crisis is increasingly forcing people to flee their homes, whether internally or across state borders. However, existing international and domestic law does not provide sufficient protection for those forcibly displaced by extreme weather events. In 2021, the Biden administration issued an executive order and subsequently a report on... |
2023 |
| Rafael Leal-Arcas , Luis Ulloa Martinez , Victory Abang , Krishma Kapur , Saffron Greenwood , Konstantinos Chatzopoulos , Archana Nair , Lisa Schoettmer |
CLIMATE NEUTRALITY AND SUSTAINABILITY IN INTERNATIONAL TRADE |
44 University of Pennsylvania Journal of International Law 619 (Spring, 2023) |
This Article explores the links between climate neutrality and sustainability in the context of international trade. For that, it tackles seven main concerns: First, what do industry leaders now need from policymakers to make them the frontrunners in the global transition to climate neutrality? Second, what coalitions are necessary to build and who... |
2023 |
| Mark Nevitt |
CLIMATE SECURITY INSIGHTS FROM THE COVID-19 RESPONSE |
98 Indiana Law Journal 815 (Spring, 2023) |
The climate change crisis and COVID-19 crisis are both complex collective action problems. Neither the coronavirus nor greenhouse gas (GHG) emissions respect political borders. Both impose an opportunity cost that penalizes inaction. They are also increasingly understood as nontraditional, novel security threats. Indeed, COVID-19's human cost is... |
2023 |
| Madison Condon |
CLIMATE SERVICES: THE BUSINESS OF PHYSICAL RISK |
55 Arizona State Law Journal 147 (Spring, 2023) |
A growing number of investors, insurers, financial services providers, and nonprofits rely on information about localized physical climate risks, like floods, hurricanes, and wildfires. The outcomes of these risk projections have significant consequences in the economy, including allocating investment capital, impacting housing prices and... |
2023 |
| Todd Aagaard |
CLIMATE, CONTROVERSY, AND COURTS |
96 Southern California Law Review Postscript 78 (2023) |
The Supreme Court's 2022 decision in West Virginia v. EPA, along with other recent cases in which federal courts have grappled with the ongoing climate crisis, offers an opportunity to assess the role of the judiciary in helping the United States adopt effective responses to monumental threats such as the climate crisis. Courts reviewing... |
2023 |
| Shams Al-Hajjaji |
COASTAL STATE vs. FLAG STATE: COUNTRIES' MITIGATION OF ENVIRONMENTAL HARM FROM SCRUBBERS? |
47 Tulane Maritime Law Journal 185 (Spring, 2023) |
This research argues that countries should adopt unified regulations regarding the release of the wash water from the Exhaust Gas Cleaning Systems in their port, territorial, and Exclusive Economic Zone (EEZ). Ships use scrubbers to decrease their greenhouse gases emission in order to comply with the International Maritime Organization sulphur... |
2023 |
| Patricia E. Salkin |
COMMENTARY: DAN MANDELKER--A LAND-USE LEGACY UNLIKE ANY OTHER |
52 Urban Lawyer 273 (November, 2023) |
It is an honor to share thoughts about the importance of Professor Daniel Mandelker's legacy to the field of land-use and zoning law. The word legacy means, among other things, something that is part of your history or that remains from an earlier time. At ninety-two, he was the longest actively teaching land use law professor in the United... |
2023 |
| Kevin Frazier |
CORNER CROSSING: UNLOCKING PUBLIC LANDS OR INVADING THE AIRSPACE OF LANDOWNERS? |
46 Public Land & Resources Law Review 91 (2023) |
I. INTRODUCTION. 92 II. CORNER-LOCKED LANDS EMERGED FROM A QUIRK OF HISTORY AND OVEREXPANSION OF TRESPASS LAW. 92 A. The history of the land grant system and its creation of corner-locked lands. 93 B. The evolution of trespass laws reveals an inadequate balance between protecting private interests and recognizing public needs. 97 III. CORNER... |
2023 |
| Erin Shields |
COUNTERING EPISTEMIC INJUSTICE IN THE LAW: CENTERING AN INDIGENOUS RELATIONSHIP TO LAND |
70 UCLA Law Review 206 (June, 2023) |
This paper argues that Indigenous peoples in the United States and Canada are subject to epistemic injustice in the law, particularly with regard to many Indigenous groups' worldviews and relationship to land. Many Indigenous cultures share a sacred connection to the traditional homelands they lived on and with, sometimes for thousands of years... |
2023 |
| Kelly Pisimisi |
CRIMINALIZING ENVIRONMENTAL DEGRADATION AND DEVASTATION: NEW PROSPECTS FOR THE ICC ROME STATUTE? |
38 American University International Law Review 419 (2023) |
INTRODUCTION. 420 I. FROM AN ECO-CENTRIC TO A HUMAN RIGHTSBASED APPROACH. 423 II. IN SEARCH OF A DEFINITION: THE (RE)APPEARANCE OF ECOCIDE IN INTERNATIONAL LAW. 432 III. THE CHALLENGES LURKING THE PROPOSED INTERNATIONAL CRIME OF ECOCIDE. 440 A. A Hybrid International Crime: Studying Its Actus Reus. 441 B. Mens Rea and the Challenge of... |
2023 |
| Paco Mengual |
DETERMINING AN EFFECTIVE REGULATORY FRAMEWORK FOR BUSINESSES TO REPORT ON THE ENVIRONMENT, CLIMATE, AND HUMAN RIGHTS |
35 Pace International Law Review 224 (Spring, 2023) |
The objective of this article is to identify the existing dynamics and clarify the reasoning behind reporting on environmental, climate, and human rights information in search of effective and binding frameworks to enhance transparency. To that effect, this article relates the evolution from a corporate sustainable business focus to reporting on... |
2023 |
| Tracy Hester |
ECOWORSHIP AND FEDERAL ENVIRONMENTAL LAW |
48 Columbia Journal of Environmental Law 1 (2023) |
As the growing land stewardship movement has joined with rising evangelical environmentalism, religious worship has intersected with ecological protection to spark the rise of a new variety of ecoworship. Given the U.S. Supreme Court's recent willingness to expand constitutional protections for religious exercise and trim bulwarks against... |
2023 |
| Steven M. Siros, Tatjana “Tanja” Vujic, Arie Feltman-Frank, Daniel Robertson |
EMBRACING ENVIRONMENTAL JUSTICE INITIATIVES TO ADVANCE CORPORATE OBJECTIVES |
39 No. 5 Practical Real Estate Lawyer 3 (9/1/2023) |
Earth Week 2023 brought with it two significant environmental justice developments. The week began with New Jersey Governor Phil Murphy announcing the adoption of regulations aimed at reducing pollution in historically overburdened communities and those disproportionately impacted by health and environmental stressors. President Biden then capped... |
2023 |
| Zachary D. Berryman |
ENERGY RESILIENCE: DECENTRALIZING ENERGY INFRASTRUCTURE TO COMBAT THE EFFECTS OF THE CLIMATE CRISIS ON LOUISIANA |
69 Loyola Law Review 511 (Spring, 2023) |
After Hurricane Katrina ravaged the Louisiana coast in 2005, residents were hung out to dry and left in the dark for forty days. In 2020, Hurricane Laura left much of southwest Louisiana in the dark for three weeks. Then in 2022, over one million people in southeast Louisiana lost power following Hurricane Ida, the majority of whom had their power... |
2023 |
| Emily Brennan |
ENVIRONMENTAL (IN)JUSTICE: EVALUATING THE FACTORS THAT LED TO THE JACKSON WATER CRISIS & PROPOSING A SOLUTION FOR ENVIRONMENTAL JUSTICE IN MISSISSIPPI |
41 Mississippi College Law Review 244 (2023) |
C1-2Table of Contents I. Introduction. 244 II. Background. 247 A. The Origins of the EJ Movement in the U.S. 247 B. Introductory Studies and Literature on EJ. 249 C. Presidential Action and Commitment to Protection. 251 III. Current Pathways Available for EJ Claims. 254 A. EJ Litigation. 254 B. Federal Agencies and Offices Addressing EJ. 256 C.... |
2023 |
| Bronson J. Pace , Barbara A. Cosens |
ENVIRONMENTAL ASSESSMENT IN A TIME OF RAPID CHANGE AND HIGH UNCERTAINTY: THE ADDITION OF RESILIENCE ASSESSMENT TO NEPA |
47 William and Mary Environmental Law and Policy Review 317 (Winter, 2023) |
Professor James Hansen, former head of NASA's Goddard Institute for Space Studies and professor at Columbia University's Earth Institute, formed an international team of scientists to research the connection among atmospheric CO2 concentrations and global temperature and set out to provide model projections based on that research. The Hansen team... |
2023 |
| Isabel Wigley, Justin Bennett, Nicholas Endo, Raul Paez, Michael Poletti, Catherine Sherman, Megan Shubert |
ENVIRONMENTAL CRIMES |
60 American Criminal Law Review 715 (Summer, 2023) |
I. Introduction. 717 A. Criminal Versus Civil Penalties. 719 B. Criminal Enforcement. 719 C. Interaction with Other Criminal Violations. 720 II. General Issues. 721 A. Overview of the Elements of an Environmental Criminal Violation. 721 B. Liability. 721 1. Individual Liability. 721 2. Corporate Liability. 723 C. Common Defenses. 724 1.... |
2023 |
| Joe Udell |
ENVIRONMENTAL DESTRUCTION AND HUMAN RIGHTS ABUSES IN THE DEMOCRATIC REPUBLIC OF THE CONGO: EXAMINING THE EPICENTER OF THE COBALT MINING INDUSTRY FROM AN INTERNATIONAL CRIMINAL LAW PERSPECTIVE |
32 Minnesota Journal of International Law 195 (Spring, 2023) |
Satisfying the world's growing demand for cobalt, which is used in a broad range of medical, military, technology, and renewable energy industries, comes at an incredible environmental and human cost, from the pollution of rivers and farmlands to the exploitation of thousands of laborers. Currently, the bulk of attention paid to the nexus between... |
2023 |
| Seema Kakade |
ENVIRONMENTAL EVIDENCE |
94 University of Colorado Law Review 757 (Summer, 2023) |
The voices of impacted people are some of the most important when trying to make improvements to social justice in a variety of contexts, including criminal policing, housing, and health care. After all, the people with on-the-ground experience know what is likely to truly effectuate change in their community, and what is not. Yet, such lived... |
2023 |
| Matthew Snyder |
ENVIRONMENTAL JUSTICE AND PUBLIC COMPANY DISCLOSURES: MANDATORY REPORTING FOR POLLUTING FACILITIES LOCATED IN MINORITY AND LOW-INCOME COMMUNITIES |
100 University of Detroit Mercy Law Review 373 (Winter, 2023) |
Climate change is the existential threat of our lifetime. Sea levels, global temperatures, and catastrophic weather events are all on the rise. Global warming and its inherent dangers pose risks to individual health, physical safety, and property. Climate change also has significant financial impacts on the United States' economy, costing around... |
2023 |
| Barry E. Hill |
ENVIRONMENTAL JUSTICE AND THE TRANSITION FROM FOSSIL FUELS TO RENEWABLE ENERGY |
53 Environmental Law Reporter (ELI) 10317 (April, 2023) |
This Article explores the environmental justice, climate justice, and sustainable development implications of the recently enacted Inflation Reduction Act, which encourages domestically produced and processed minerals for the country's energy transition from fossil fuels. It examines (1) the resulting need for a resurgence of mining in Indian... |
2023 |
| Luis Cruz |
ENVIRONMENTAL JUSTICE CONSIDERATIONS IN SITING SPENT NUCLEAR FUEL DISPOSAL |
91 George Washington Law Review 499 (April, 2023) |
There are 80,000 metric tons of uranium stranded at nuclear power plant sites throughout the United States with no clear path to permanent disposal. Although there is a consensus on using a consent-based siting process for the disposal of spent nuclear fuel, no statutory authority exists to execute such a consent-based approach. This Note analyzes... |
2023 |
| Danielle W. Mason |
ENVIRONMENTAL JUSTICE FOR ALL |
59-JAN Trial 18 (January, 2023) |
People of color are often disproportionately impacted by environmental hazards. Trial lawyers can play a crucial role in righting this devastating imbalance. In this country, more than half of the people who live close to hazardous waste sites are people of color, and they are more likely to die of environmental causes. Communities of color are 75%... |
2023 |
| Alexandra Guillot |
ENVIRONMENTAL JUSTICE IN POLLUTION HOTSPOTS AND SECTIONS 7 & 15 OF THE CHARTER: THE CASE OF THE AAMJIWNAANG COMMUNITY IN "CHEMICAL VALLEY" |
53 Environmental Law 273 (Spring, 2023) |
Chemical Valley in Sarnia, Ontario, the site of almost half of Canada's chemical industry, is one of the most polluted areas in the country. It is also home to the Aamjiwnaang First Nation, whose community members, as a result of their proximity to this cluster of polluting facilities, experience much higher risk and actual harm to their health... |
2023 |
| Wade C. Foster , Krista K. McIntyre |
ENVIRONMENTAL JUSTICE: ONE KEY TO CORPORATE SUSTAINABILITY |
66-MAY Advocate 22 (May, 2023) |
Consider these three statements: I experience odor or discoloration in my tap water, English is not the primary language spoken in my home, and I live near industrial activity. Now, consider these statements: The organization that I work for can access environmental subject matter experts, the organization that I work for has influence in the... |
2023 |
| Travis M. Trimble |
ENVIRONMENTAL LAW |
74 Mercer Law Review 1387 (Summer, 2023) |
In 2022, the United States Court of Appeals for the Eleventh Circuit held that a plaintiff and the organization to which she belonged had standing, based on her claimed injury to her aesthetic well-being, to bring a Clean Water Act (CWA) citizen suit against a developer who had allegedly filled a wetland in violation of its permit, even though the... |
2023 |
| Jerry L. Anderson, Amy Grace Vaughan |
ENVIRONMENTAL PENALTIES: DISCRETION AND DISPARITY |
42 Stanford Environmental Law Journal 3 (February, 2023) |
I. Introduction. 4 II. A Case Study in the Shortcomings of Penalty Discretion: California Coastal Commission. 7 III. Penalty Authority: Statutory, Regulatory, and Policy Provisions. 12 A. Federal Statutory Enforcement Authority. 13 B. EPA Penalty Policies. 16 C. Judicial Determination of Penalties. 23 D. State Penalty Authority. 26 IV. Data... |
2023 |
| Johanna Rahnasto |
EXPLORING THE ROLE OF PATENT OFFICES IN CLIMATE CHANGE MITIGATION |
23 Chicago-Kent Journal of Intellectual Property 56 (12/20/2023) |
Patent offices are developing new programs to help in climate change mitigation. What can they deliver? This Article provides a contemporary overview of the different green technology initiatives promoted by patent offices: fast-tracking of patent applications, search platforms, applicant resources, and publicity and awareness programs. The Article... |
2023 |
| |
FEDERAL COURTS--TRIBAL SOVEREIGNTY AND FISHING RIGHTS--SECOND CIRCUIT CONFIRMS EXCEPTION TO SOVEREIGN IMMUNITY FOR TRIBAL CLAIMS RELATING TO LAND AND FISHING RIGHTS.--SILVA v. FARRISH, 47 F.4TH 78 (2D CIR. 2022) |
136 Harvard Law Review 2012 (May, 2023) |
Tribal sovereignty grants Native American nations the right to govern themselves and their lands, thereby protecting, honoring, and preserving their communities and culture. Despite these guarantees, tribal sovereignty is often illusory in practice and has been systemically eroded by courts, state governments, and Congress alike, leading Native... |
2023 |
| |
FEDERAL ENVIRONMENTAL JUSTICE LEGISLATION AND REGULATIONS |
53 Environmental Law Reporter (ELI) 10527 (July, 2023) |
With passage of the Inflation Reduction Act and Water Resources Development Act of 2022, the statutory landscape has changed to reflect the Biden Administration's emphasis on environmental justice. On February 27, 2023, the Environmental Law Institute (ELI) and ELI's Pro Bono Clearinghouse co-hosted a panel of experts who explored how communities... |
2023 |
| Jayesh Rathod |
FLEEING THE LAND OF THE FREE |
123 Columbia Law Review 183 (January, 2023) |
This Essay is the first scholarly intervention, from any discipline, to examine the number and nature of asylum claims made by U.S. citizens, and to explore the broader implications of this phenomenon. While the United States continues to be a preeminent destination for persons seeking humanitarian protection, U.S. citizens have fled the country in... |
2023 |
| Chloe Picchio |
FORTUNE FAVORS THE BOLD--UNLESS YOU'RE IN RURAL AMERICA: LEGISLATING THE ENVIRONMENTAL EFFECTS OF CRYPTOCURRENCY |
24 North Carolina Journal of Law & Technology 67 (April, 2023) |
Cryptocurrency aims to democratize financial transactions. Through a digitized blockchain, cryptocurrency miners can mine currency with the rapid use of equations, which adds the cryptocurrency to the blockchain and financially rewards the miners. Proof-of-work mining, used for Bitcoin, the most prevalent cryptocurrency, consumes massive amounts... |
2023 |
| Paige Bellamy |
FREE, PRIOR INFORMED CONSENT AND EXTRACTIVE INDUSTRY: INDIGENOUS ACTION IS THE PAST, PRESENT, AND FUTURE OF GLOBAL ENVIRONMENTAL JUSTICE |
13 Barry University Environmental and Earth Law Journal 105 (Summer, 2023) |
The fight for control of land and what lies within the earth has shaped, and continues to shape, much of human history. As Australian historian Patrick Wolfe stated: Land is life--or, at least, land is necessary for life. Thus, contests for land can be--indeed, often are--contests for life. Often at the center of these conflicts, Indigenous... |
2023 |
| Shai Stern |
FROM "SIT AND WAIT" TO "PROACTIVE REGULATION": A MODEL FOR ENVIRONMENTAL REGULATION OF PRIVATE PROPERTY |
53 Environmental Law 33 (Winter, 2023) |
Let me start from the end: recent years indicate that the world is moving in the right direction by increasing environmental awareness and attempting to deal with immediate and long-term environmental threats on an ongoing basis. But the path to achieving these results--like any transition from one point to another--involves significant costs for... |
2023 |
| Anthony Moffa |
FROM COMPREHENSIVE LIABILITY TO CLIMATE LIABILITY: THE CASE FOR A CLIMATE ADAPTATION RESILIENCE AND LIABILITY ACT (CARLA) |
47 Harvard Environmental Law Review 473 (2023) |
C1-2Table of Contents Introduction. 473 I. The Early 1980s and the Early 2020s. 477 A. The 1980s. 477 B. The 2020s. 486 II. The Inefficiency of the Tort Solution. 495 A. The Fate of Pending Adaptation Torts Cases. 495 B. Causation and Adaptation Damages Calculations. 501 III. The Political and Policy Case for a Statutory Remedy. 505 IV. Features of... |
2023 |
| Madison MacLeod |
FROM NATURE TO NUISANCE: A HISTORICAL OBSERVATION ON THE TRAJECTORY OF ENVIRONMENTAL LAW |
15 Golden Gate University Environmental Law Journal 35 (Spring, 2023) |
Environmental law and policy in the United States has had a wavering trajectory, ebbing and flowing with the tides of societal awareness, technological advancements, and political leadership. Although many of the early roots of Western environmental policy stem from a combination of resource depletion and public outrage in Europe, these notions... |
2023 |
| Hélène Tigroudja |
FROM THE "GREEN TURN" TO THE RECOGNITION OF AN AUTONOMOUS RIGHT TO A HEALTHY ENVIRONMENT: ACHIEVEMENTS AND CHALLENGES IN THE PRACTICE OF UN TREATY BODIES |
117 AJIL Unbound 179 (2023) |
Since the end of the 2010s, some of the UN human rights treaty bodies have affirmed and enhanced states' obligations in relation to the environment. This green turn, deeply influenced by the jurisprudence of the regional human rights tribunals and the work of UN Special Procedures, raises the question of the potential recognition of an autonomous... |
2023 |
| Altamush Saeed |
FROM THE UNITED STATES TO PAKISTAN: CAN CLIMATE CHANGE PAVE THE WAY FOR AN INTERNATIONAL RIGHT TO ANIMAL RESCUE IN DISASTERS? |
29 Animal Law 193 (2023) |
Over 69% of the world's wildlife has been lost between 1970 and 2018. Catastrophic events like the Australian bushfires, the Amazon rainforest fires, and the ongoing floods in the United States have led to the deaths of several billion animals. Ongoing apocalyptic floods have put one-third of Pakistan underwater and led to the deaths of over a... |
2023 |
| Stephen Cody, Suffolk University Law School, Boston, Massachusetts, USA |
GLOBAL BURNING: RISING ANTIDEMOCRACY AND THE CLIMATE CRISIS. BY EVE DARIAN-SMITH. STANFORD: STANFORD UNIVERSITY PRESS, 2022. 230 PP. $22.00 PAPERBACK |
57 Law and Society Review 410 (September, 2023) |
[O]ur planet is literally and metaphorically on fire, writes Eve Darian-Smith (p. 137). Wildfires burn throughout California. Bushfires rage in Australia. The Amazon smolders. In Global Burning: Rising Antidemocracy And The Climate Crisis, Darian-Smith investigates the origins of these catastrophic wildfires and their disproportionate impacts on... |
2023 |
| John Landzert |
GREEN NEW APPEAL?: THE DUE PROCESS CLAUSE AS A DEFENSE AGAINST STATE PREEMPTION OF MUNICIPAL ENVIRONMENTAL LAWS |
64 Boston College Law Review 1243 (May, 2023) |
Abstract: As action to combat climate change stalls on the federal level, cities and towns have taken the lead in passing environmentally friendly legislation. Nevertheless, as political polarization continues, states have increasingly employed preemption ceilings to curb municipal legislative efforts. Many state constitutions are structured in a... |
2023 |
| Jose Garcia-Fuerte , William Garriott |
GREENING THE GREEN RUSH: HOW ADDRESSING THE ENVIRONMENTAL IMPACT OF CANNABIS LEGALIZATION CAN ENHANCE SOCIAL EQUITY AND REMEDIATE THE HARMS OF THE WAR ON DRUGS |
53 Environmental Law 169 (Spring, 2023) |
The legalization of cannabis in the United States has focused on creating regulated, for-profit commercial markets modeled on alcohol to replace the prohibition regime that held sway for most of the 20th Century. Like the fabled gold rush of the 19th Century, this new market opportunity has been a magnet for entrepreneurs and prospectors of all... |
2023 |
| John Latson |
HIGHER ALTITUDES AND HIGHER STANDARDS: ADVOCATING THE FCC REQUIRE ENVIRONMENTAL ASSESSMENTS FOR MEGA-CONSTELLATIONS |
16 Journal of Business, Entrepreneurship and the Law 105 (Fall, 2022 & Spring, 2023) |
I. Introduction. 106 Ii. The National Environmental Policy Act's Purpose And Procedure. 109 A. The Federal Government As Trustee Of The Environment For Succeeding Generations. 109 B. The Nepa Process. 111 C. Council On Environmental Quality. 113 Iii. The Federal Communications Commission's Policy On Categorical Exclusions And Environmental... |
2023 |
| Sarah Dávila A. |
HOW MANY MORE BRAZILIAN ENVIRONMENTAL DEFENDERS HAVE TO PERISH BEFORE WE ACT? PRESIDENT LULA'S CHALLENGE TO PROTECT ENVIRONMENTAL QUILOMBOLA DEFENDERS |
47 William and Mary Environmental Law and Policy Review 657 (Spring, 2023) |
The Global South has been historically marginalized and continues to suffer from systemic oppression, impeding the realization of their human rights. Afro-descendants and other minority populations in the Global South live in disproportionately environmentally unsafe conditions and are disproportionately more vulnerable to climate change and... |
2023 |
| Anna A. Mance |
HOW PRIVATE ENFORCEMENT EXACERBATES CLIMATE CHANGE |
44 Cardozo Law Review 1493 (April, 2023) |
Private enforcement--the practice of allowing private actors to directly enforce statutes or regulations--has been a fixture of environmental law for the last fifty years. In the absence of comprehensive climate legislation, climate change has been brought under the fold of the environmental regime and its emphasis on private enforcement. Yet... |
2023 |
| Gwen Keyes Fleming , Lawrence K. Pittman |
IMPLEMENTING ENVIRONMENTAL JUSTICE--THE ABA EJ TASK FORCE |
54 No. 3 ABA Trends 16 (January/February, 2023) |
Martin Luther King Jr. declared that injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. This declaration could not be truer today. King's last stand for civil rights was advocating for the working... |
2023 |
| Jaime S. King, Joanna Manning, Alistair Woodward |
IN THIS TOGETHER: INTERNATIONAL COLLABORATIONS FOR ENVIRONMENTAL AND HUMAN HEALTH |
51 Journal of Law, Medicine & Ethics 271 (Summer, 2023) |
Keywords: Climate Change, Environmental and Human Health, Economic Case for Climate action, International Collaborations Abstract: Climate change exacts a devastating toll on health that is rarely incorporated into the economic calculus of climate action. By aligning health and environmental policy and collaborating across borders, governments and... |
2023 |
| Alexandra Dapolito Dunn , Irma S. Russell |
INCLUSIVENESS: ADVANCING ENVIRONMENTAL JUSTICE IN A DIVERSE DEMOCRACY |
62 No. 4 Judges' Journal 6 (Fall, 2023) |
Today, environmental justice (EJ) is more than a significant and meaningful social movement. EJ has now emerged--after at least five decades--as a major initiative for the federal government and for many state governments. Since the beginnings of the EJ movement, its proponents have sought redress for the disproportionate and negative impacts of... |
2023 |
| Joseph Cauich-Tamay |
INDIGENOUS GROUPS WHO HAVE BEEN ENVIRONMENTALLY DISPLACED SHOULD BE CONSIDERED ENVIRONMENTAL ASYLEES UNDER A PARTICULAR SOCIAL GROUP |
24 Rutgers Race & the Law Review 257 (2023) |
C1-2Table of Contents I. INTRODUCTION. 257 II. CURRENT IMMIGRATION LAWS DO NOT ADEQUATELY PROTECT INDIGENOUS PEOPLE WHO HAVE BEEN ENVIRONMENTALLY DISPLACED. 264 III. LEGAL DEFINITION OF REFUGEE AND DISTINCTIONS BETWEEN ASYLEE AND REFUGEE. 267 A. Applicable Law: 8 U.S. Code § 1158. 268 B. Burden of Proof: 8 U.S. Code § 1158 (b)(1)(B)(i-iii). 269 C.... |
2023 |