| Author | Title | Citation | Summary | Year |
| 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 |
| Olabisi D. Akinkugbe , Adebayo Majekolagbe |
INTERNATIONAL INVESTMENT LAW AND CLIMATE JUSTICE: THE SEARCH FOR A JUST GREEN INVESTMENT ORDER |
46 Fordham International Law Journal 169 (January, 2023) |
Efforts are underway to craft responses to the climate crisis within the international investment order. This Article highlights international investment law (IIL) and international climate law (ICL) as two basic governance contexts within which investment-related responses to climate change are being designed. There is, however, a... |
2023 |
| Maria Antonia Tigre |
INTERNATIONAL RECOGNITION OF THE RIGHT TO A HEALTHY ENVIRONMENT: WHAT IS THE ADDED VALUE FOR LATIN AMERICA AND THE CARIBBEAN? |
117 AJIL Unbound 184 (2023) |
Although there is still no United Nations treaty on the right to a healthy environment, the recognition of the right by the UN General Assembly and the UN Human Rights Council have helped solidify its status as customary international law. The overwhelming recognition of the right at the national and regional levels, and now at the United Nations,... |
2023 |
| Abigail M. Hunt, Robin M. Rotman |
INTERSECTIONAL MANAGEMENT: AN ANALYSIS OF COOPERATION AND COMPETITION ON AMERICAN PUBLIC LANDS |
42 Stanford Environmental Law Journal 121 (May, 2023) |
I. Introduction. 122 II. Overview of National Monuments and Other Federal Public Lands. 124 A. Federal Public Lands. 124 1. Federal land acquisition and disposition. 124 2. Management and use of federal public lands. 127 B. National Monuments and the Antiquities Act. 132 1. Legislative history. 133 2. Establishing national monuments. 135 3.... |
2023 |
| Sheila Simon |
JOHNSON v. M'INTOSH: 200 YEARS OF RACISM THAT RUNS WITH THE LAND |
47 Southern Illinois University Law Journal 311 (Winter, 2023) |
The United States Supreme Court case of Johnson v. M'Intosh is a foundation of property law in the United States. It established the United States government as the only possible buyer of land from people native to the continent. As the only possible buyer, the United States government had the power to negotiate a low purchase price. The bargain... |
2023 |
| Craig Anthony (Tony) Arnold , Frank Bencomo-Suarez , Pierce Stevenson , Elijah Beau Eisert , Henna Khan , Rachel Utz , Rebecca Wells-Gonzalez |
JUSTICE, RESILIENCE, AND DISRUPTIVE HISTORIES: A SOUTH FLORIDA CASE STUDY |
34 Colorado Environmental Law Journal 213 (Spring, 2023) |
C1-2Table of Contents I. Introduction. 214 II. Social-Ecological Resilience and the Role of Justice. 217 III. Resilience Justice and Disruptive Histories. 226 IV. The Florida Everglades and Tribal Water Justice. 229 A. The Tribes. 229 B. The Everglades. 234 C. Tribal Water-Justice Struggles. 238 V. Miami and Climate Justice. 249 VI. Conclusion. 262 |
2023 |
| Chris Todd |
LAND LAW IN THE NORTHERN MARIANA ISLANDS |
115 Law Library Journal 331 (2023) |
The Northern Mariana Islands have a 500-year history of colonial occupation and foreign regulation of land rights. These laws were largely introduced as a means of social control over the indigenous Chamorro and Carolinian populations. This piece collates and analyzes recorded land law issued throughout the archipelago from 1521 to present.... |
2023 |
| Clemence Rusenga , Emmanuel Ndhlovu , School for Policy Studies, University of Bristol, Bristol, UK, Vaal University of Technology, Vanderbijlpark, South Africa |
LAND REFORM AND FINANCIAL INCLUSION CHALLENGES IN SOUTH AFRICA |
106 IUS Gentium 141 (2023) |
Abstract This chapter addresses the experiences of land reform beneficiaries in South Africa, in relation to financial in/exclusion. It highlights that the government largely subject land reform beneficiaries to agricultural production within a costly agribusiness model without adequate access to financial and material resources. The chapter notes... |
2023 |
| Jessica A. Shoemaker |
LAND REFORM IN THE FIFTH WORLD |
52 Southwestern Law Review 239 (2023) |
Our current property systems are strained by rapid climate change and growing inequality. If change is needed, how does it actually happen? Land reform is difficult to imagine, much less implement, within a physical landscape already so engineered and embedded with deep layers of tradition, experience, and law. In this short Essay, I argue that... |
2023 |
| Maia Foster |
LEGAL STRATEGIES TO MINIMIZE SUBWAY AIR POLLUTION IN THE UNITED STATES |
72 Duke Law Journal 1345 (March, 2023) |
Air pollution in U.S. subway systems poses a major threat to public health. People in subway stations breathe in dangerously high levels of dusts, called particulate matter. Current legislation does not effectively address this problem; in fact, the United States does not have a comprehensive indoor air quality law at all. Left unregulated, people... |
2023 |
| Zachary Pavlik |
LEVERAGING FOREIGN INVESTMENTS TO SUPPORT CLIMATE CHANGE ADAPTATION IN THE GLOBAL SOUTH: CERTIFYING CLIMATE-NEXUS INVESTMENTS AND CONDITIONING PROTECTIONS |
53 Environmental Law 203 (Spring, 2023) |
Climate change poses increasingly grave risks to Global South states lacking the extensive capital and robust economies necessary to effectively adapt. The international investment regime may offer a path forward for resource-exporting Global South states willing to redraft international investment agreements to leverage resource demand and secure... |
2023 |
| Hari M. Osofsky |
LITIGATING CLIMATE CHANGE INFRASTRUCTURE IMPACTS |
118 Energy Law Journal 149 (8/31/2023) |
Abstract--This Essay is the first to examine ways in which the different pathways of climate change litigation--statutory interpretation, human and constitutional rights, and common law--interact with infrastructure impacts. Its analysis draws on a model of these pathways that Professor Jacqueline Peel and I developed in our book Climate Change... |
2023 |
| Randall S. Abate , Nadine Nadow , Hayley-Bo Dorrian-Bak |
LITIGATION TO PROTECT THE MARINE ENVIRONMENT: PARALLELS AND SYNERGIES WITH CLIMATE LITIGATION |
47 William and Mary Environmental Law and Policy Review 595 (Spring, 2023) |
Introduction. 595 I. Endangered Species and Marine Mammal Protection. 598 A. Litigation to Protect Marine Mammals. 599 B. The Intersection of Climate Change and Marine Species Protection. 602 II. Fisheries Management. 605 III. Marine Plastics. 610 A. Impact of Plastics on Marine Mammals. 613 B. Litigation and Regulatory Initiatives on Plastics. 614... |
2023 |
| Danielle Spiegel-Feld, Katrina M. Wyman |
LOCAL ACTION, GLOBAL PROBLEM: WHY AND HOW NEW YORK CITY IS TACKLING CLIMATE CHANGE |
50 Fordham Urban Law Journal 1187 (September, 2023) |
Scholars often characterize local action to mitigate climate change as a puzzle. No locality's greenhouse gas emissions (GHGs) are sufficiently large to materially affect climate change; cities that reduce their emissions will therefore bear the costs of doing so, while deriving few climate benefits. This Article analyzes why New York City has... |
2023 |
| Dries Lyna, Luc Bulten , Radboud University Nijmegen, the Netherlands, E-mail: dries.lyna@ru.nl; luc.bulten@ru.nl |
MATERIAL PLURALISM AND SYMBOLIC VIOLENCE: PALM LEAF DEEDS AND PAPER LAND GRANTS IN COLONIAL SRI LANKA, 1680-1795 |
41 Law and History Review 453 (August, 2023) |
A little less than two decades ago, historians like Christopher Bayly and David Washbrook worked on the idea of a colonial transition that supposedly took place in South Asia in the late eighteenth and early nineteenth centuries. Shifting markets (both in the Global South and in Europe), an increasing European colonial/imperial presence in the... |
2023 |
| Moira O'Neill, Eric Biber, Nicholas J. Marantz |
MEASURING LOCAL POLICY TO ADVANCE FAIR HOUSING AND CLIMATE GOALS THROUGH A COMPREHENSIVE ASSESSMENT OF LAND USE ENTITLEMENTS |
50 Pepperdine Law Review 505 (March, 2023) |
California's legislature has passed several laws that intervene in local land-use regulation in order to increase desperately needed housing production-- particularly affordable housing production. Some of these new laws expand local reporting requirements concerning zoning and planning laws, and the application of those laws apply to proposed... |
2023 |
| Michael Damasco |
MEPA AT 50 |
80-AUG Bench and Bar of Minnesota 28 (August, 2023) |
As the Minnesota Environmental Policy Act (MEPA) turns 50 this year, it's an opportune time to reexamine its place in a world increasingly invested in environmental justice. MEPA, Minnesota's environmental review statute, is an information-gathering tool used to determine the environmental impacts of development projects. Highly publicized... |
2023 |
| Kate Bosh |
NAVIGATING COMPETING INTERESTS ON THE COLORADO RIVER: THE PUBLIC TRUST DOCTRINE, PRIOR APPROPRIATIONS, AND CLIMATE CHANGE |
26 University of Denver Water Law Review 79 (Fall, 2023) |
I. Introduction. 79 II. Climate Change and Implications on Water in the West. 80 III. The Public Trust Doctrine. 82 IV. The Public Trust Doctrine and the Environmental Movement. 84 V. Failures of the Public Trust Doctrine in the Legal Sphere. 86 VI. Prior Appropriation in the Colorado River Basin. 88 VII. Basin State Approaches to Prior... |
2023 |
| Sabrina Lanni , University of Milan, Milan, Italy, e-mail: sabrina.lanni@unimi.it |
NEW CIVIL CODES AND THE ENVIRONMENT: THE CONTRIBUTIONS OF CHINA AND ARGENTINA |
104 IUS Gentium 385 (2023) |
Abstract Critically reflecting on the current approach to uncontrolled economic development, which could lead not only to ecologic imbalance but also to an imminent crisis of civilization, this essay aims to demonstrate that markets are not necessarily enemies of the environment: they could, in fact, provide valuable support in protecting... |
2023 |
| Hailey Droogan, Erin Flannery Keith |
NEW ENVIRONMENTAL JUSTICE EXECUTIVE ACTION |
38-FALL Natural Resources & Environment 57 (Fall, 2023) |
On April 21, 2023, President Joseph R. Biden signed Executive Order 14096, Revitalizing Our Nation's Commitment to Environmental Justice for All. 88 Fed. Reg 25251 (Apr. 26, 2023) (E.O. 14096). Drawing on 29 years of federal agencies' experience implementing President William J. Clinton's Executive Order 12898, Federal Actions to Address... |
2023 |
| Laura Waldman |
NO SETTLED LAW ON SETTLED LAND: LEGAL STRUGGLES FOR NATIVE AMERICAN LAND AND SOVEREIGNTY RIGHTS |
26 CUNY Law Review 220 (Summer, 2023) |
I. INTRODUCTION. 221 II. THE ROOTS OF DISPOSSESSION. 223 A. Resource Greed Drives Settlers' Theft of Native American Land. 223 B. An Ineffective Treaty Codifies Partial Sovereignty. 226 C. Allotment Further Weakens Native American Control of Land. 229 III. ROLE OF THE JUDICIARY. 232 A. Cherokee Nation Has No Standing in Cherokee Nation v. Georgia.... |
2023 |