| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Steven Ferrey |
DOWN TO THE WIRE: CONNECTING THE CRITICAL PATH TO CLIMATE |
48 Vermont Law Review 505 (Summer, 2024) |
I. Public Attempts to Disconnect from Clean Energy. 507 II. State & Local Governments, Not the Federal Government, Control What Is Built to Mitigate Climate Change. 511 A. State and Local Opposition to Renewable Power. 511 B. What the Eastern United States Lacks. 515 C. Which Level of Government Controls Transmission and Siting: The Federal Power... |
2024 |
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| Holly K. Doyle |
E HO'I KA NANI I MOKU'ULA L: THE COMMISSION ON WATER RESOURCE MANAGEMENT'S PUBLIC TRUST DUTY TO FULLY RESTORE MOKU'ULA AND MOKUHINIA |
46 University of Hawaii Law Review 313 (Spring, 2024) |
I. Introduction. 314 II. Exorcising Sugar's Ghost. 323 A. Legacy Diverters: Sugar Plantations Turned Land and Water Companies. 324 B. Maui Komohana's Decades-Long Struggle for Water Management Area Designation. 331 III. The Commission on Water Resource Management's Public Trust Duty to Restore Moku'ula and Mokuhinia. 335 A. Hawai'i's Legal Duty to... |
2024 |
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| Patience A. Crowder , Tom I. Romero, II |
EMBEDDING RACIAL JUSTICE IN THE WORK OF ENVIRONMENTAL NON-PROFITS |
22 Seattle Journal for Social Justice 803 (Spring, 2024) |
A shift is occurring as social justice activists are leveraging the climate emergency to address social justice and climate activists are leveraging Black Lives Matter, #MeToo, and other social justice movements to motivate climate action. -Jennie Stevens In response to the national and worldwide protests against racial violence and the health... |
2024 |
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| Randall S. Abate , Chhaya Bhardwaj |
ENHANCING PROTECTION OF "CLIMATE REFUGEES" IN DESTINATION HUBS: A COMPARATIVE ANALYSIS OF LEGAL MECHANISMS AND GOVERNANCE CHALLENGES IN THE UNITED STATES AND INDIA |
37 Harvard Human Rights Journal 293 (Summer, 2024) |
The plight of climate refugees is a global crisis that requires global cooperation and regional responses. The United States and India are important regional destination countries for climate refugees. Climate refugees are not recognized as a category of people entitled to protection in either country; however, legal mechanisms in both countries... |
2024 |
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| Noah Dreeben, Sophie Gelber, Gregory Hopp, Summer Oh, Alexandra Peterson, Hannah Redding, Robert Sassan |
ENVIRONMENTAL CRIMES |
61 American Criminal Law Review 571 (Summer, 2024) |
I. Introduction. 573 A. Criminal Versus Civil Penalties. 574 B. Criminal Enforcement. 575 C. Interaction with Other Criminal Violations. 576 II. General Issues. 576 A. Overview of the Elements of an Environmental Criminal Violation. 576 B. Liability. 577 1. Individual Liability. 577 2. Corporate Liability. 578 C. Common Defenses. 579 1.... |
2024 |
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| Monica Visalam Iyer |
ENVIRONMENTAL MIGRATION IN REGIONAL HUMAN RIGHTS COURTS: A LIFEBOAT FROM THE "SINKING VESSEL" |
91 Tennessee Law Review 363 (Winter, 2024) |
Introduction. 364 I. Background. 371 A. Regional Human Rights Courts. 371 B. The Principle of Non-Refoulement. 373 C. Environmental Non-Refoulement at the International Level. 376 D. Environmental Non-Refoulement Cases in Domestic Courts. 380 E. Key Takeaways from International and Domestic Jurisprudence. 382 II. Legal Framework. 386 A.... |
2024 |
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| Daniel Ziebarth |
EXISTING CHALLENGES AND POSSIBLE PATHWAYS FOR CASE SUCCESS IN CLIMATE LITIGATION WITH HUMAN RIGHTS CLAIMS |
55 Saint Mary's Law Journal 511 (2024) |
I. Introduction. 512 II. Challenges. 516 A. Causality Challenge. 517 B. Cross-temporal Challenge. 519 C. Extraterritoriality Challenge. 521 III. Possible Pathways. 524 A. Youth. 524 B. Indigenous. 527 C. Current Wellbeing. 529 D. Future Wellbeing. 533 1. Public Actors and Future Wellbeing. 533 2. Private Actors and Future Wellbeing. 536 IV. Cases... |
2024 |
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| John Travis Marshall |
FARMLAND AND FORESTLAND IN AN ERA OF CLIMATE CHANGE: HURRICANE MICHAEL AND OPPORTUNITIES TO ADVANCE RURAL RESILIENCE |
58 Georgia Law Review 1721 (10-Jun-24) |
Catastrophic disasters fundamentally destabilize and reshape communities. They often cause loss of life and invariably inflict extensive property damage. Disabled individuals, the elderly, chronically ill persons, and families struggling to make ends meet are almost always left more vulnerable. Affected communities frequently experience population... |
2024 |
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| Kevin Burdet |
FEEDING THE GOOD FIRE: PATHS TO FACILITATE NATIVE-LED FIRE MANAGEMENT ON FEDERAL LANDS |
47 Seattle University Law Review 1443 (Spring, 2024) |
According to the traditional beliefs of the Salish, the Creator put animal beings on the earth before humans. But the world was cold and dark because there was no fire on earth. The animal beings knew one day human beings would arrive, and they wanted to make the world a better place for them, so they set off on a great quest to steal fire from the... |
2024 |
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| James Thuo Gathii |
FINANCING CLIMATE CHANGE THROUGH A RACIAL CAPITALISM LENS |
41 Wisconsin International Law Journal 521 (Summer, 2024) |
In this Essay, I argue that the climate crisis has provided the global finance industry an opportunity to make exorbitant profits from majority Black and Brown countries in the Global South. I show how the global finance industry is leveraging its muscle over climate-vulnerable and heavily indebted countries in the Global South through complex... |
2024 |
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| Hannah Harris , Macquarie Law School, Sydney, NSW, Australia, Research Fellow, Financial Integrity Hub, Sydney, Australia, e-mail: Hannah.harris@mq.edu.au |
FINANCING ENVIRONMENTAL CRIME: FINANCIAL SECTOR COMPLICITY IN GLOBAL DEFORESTATION AND OPPORTUNITIES FOR REGULATORY INTERVENTION |
115 IUS Gentium 43 (2024) |
Abstract In recent years, governments around the world have passed laws that criminalise the importation of illegally harvested timber in an effort to combat harmful deforestation and protect vital forest ecosystems. These destination country laws' focus on one important aspect of this substantial challenge, but they ignore the role of financial... |
2024 |
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| Matthew G. Burgess |
FIVE CONSIDERATIONS FOR TWENTY-FIRST CENTURY CLIMATE POLICY |
18 FIU Law Review 283 (Spring, 2024) |
As the twenty-first century advances, society is entering a new phase regarding climate change. Impacts of climate change are becoming more salient in the present, rather than being only far-off in the future. Progress on flattening--and in many affluent countries, reducing--greenhouse gas emissions is also becoming salient, though the progress... |
2024 |
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| Ryan M. Rodenberg |
FLORIDA SPORTS BETTING LANDS AT THE SUPREME COURT--TWICE |
75 Florida Law Review Forum 46 (2024) |
Florida is the epicenter of sports betting litigation. In two separate filings by the same party only days apart--one at the U.S. Supreme Court and the other at the Supreme Court of Florida -- the possibility of legal online sports gambling in the Sunshine State has landed in both Washington, D.C. and Tallahassee. At issue in both cases is the... |
2024 |
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| Mary Slosson |
FORCE MAJEURE AND THE LAW OF THE COLORADO RIVER: THE CONFLUENCE OF CLIMATE CHANGE, CONTRACTS, AND THE CONSTITUTION |
95 University of Colorado Law Review 709 (2024) |
Climate change is causing significant, permanent changes to the natural world. In the Colorado River Basin, experts forecast that rising temperatures will cause the spread of a drier, more arid climate across the region. The effects of this desertification are already being felt: less rainfall, the loss of deciduous forests, wildfires that engulf... |
2024 |
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| Danielle Cossey |
FREE PEOPLE OVER FREE MARKETS: ADDRESSING THE SUPPRESSION OF ENVIRONMENTAL DISSENT THROUGH TRADE AGREEMENTS IN MEXICO AND THE UNITED STATES |
14 Wake Forest Journal of Law and Policy 1 (January, 2024) |
I. Introduction II. Foreign Direct Investment and the Suppression of Dissent A. Environmental Defenders in Mexico and the U.S. B. Role of Foreign Direct Investment in Suppressing Dissent i. Violence and Impunity ii. Criminalization and Stigmatization iii. Procedural Barriers III. Governing Environmental Defenders, States, and Foreign Direct... |
2024 |
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| Reed D. Benson |
GREEN MONEY FOR WESTERN WATERS: NEW ENVIRONMENTAL GRANTS AND FEDERAL WATER POLICY |
54 Environmental Law Reporter (ELI) 10040 (January, 2024) |
Congress in the 2020s has authorized three new environmentally focused grant programs relating to western waters and appropriated $450 million in multi-year funding. The Bureau of Reclamation is responsible for creating and implementing these programs, giving it a new tool and resources for addressing stubborn environmental problems--some caused by... |
2024 |
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| Margaret Von Rotz |
HONORING INDIGENOUS SOVEREIGNTY AND CONSENT: LEGAL FRAMEWORKS FOR ADDRESSING INDIGENOUS DISPLACEMENT DUE TO CLIMATE CHANGE |
30 UC Law Environmental Journal 197 (May, 2024) |
Climate change-induced displacement is not only a possibility but a present reality. This problem affects marginalized communities everywhere, but Indigenous peoples, particularly those in disappearing States, are especially climate-vulnerable and often at risk of losing their ancestral lands forever due to climate change. Despite the inevitability... |
2024 |
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| Anya T. Janssen , Robert Lundberg |
HOW TRIBES RESPOND TO CHANGING ENVIRONMENTS |
97-JUN Wisconsin Lawyer 32 (June, 2024) |
The earth's changing climate has significant ramifications for Indian tribes' subsistence needs, public health, economic stability, sovereignty, and traditional ways of life. This article discusses some causes of environmental harms that are faced by tribes in Wisconsin and nearby states and legal and policy approaches tribes can take to address... |
2024 |
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| Heather Tanana |
INDIGENOUS SCIENCE AND CLIMATE RESPONSES |
49 Human Rights 18 (2024) |
The effects of climate change are increasingly being experienced around the world. From record-high temperatures and rising sea levels to aridification and wildfires--no one is immune. And, Indigenous people are often living on the frontlines, experiencing the first and worst consequences of climate change. Early in his administration, President... |
2024 |
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| Zachary Pavlik |
INTERSTATE WATER COMPACTING AND THE SILENCED SOVEREIGN: FEDERAL APPOINTEES AS A TRIGGER FOR THE FEDERAL TRUST RESPONSIBILITY |
27 University of Denver Water Law Review 67 (Spring, 2024) |
I. INTRODUCTION. 68 II. INTERSTATE COMPACTING AND THE THREE SOVEREIGNS: FEDERAL, STATE, AND INDIAN INTERESTS. 70 A. The States as the Core Sovereigns in Interstate Compact Creation: A Framework Built to Facilitate and Further State Interests. 71 B. Federal Government as the Supreme Sovereign: Let the Children Play, So Long as They Don't Break... |
2024 |
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| Lachlan Loudon |
IS 'AINA STILL SACRED? HOW HAWAII'S UNIQUE ENVIRONMENT CREATES CONTROVERSIES IN PROPERTY OWNERSHIP IN THE AFTERMATH OF DISASTER |
12 Joule: Duquesne Energy & Environmental Law Journal 34 (Spring, 2024) |
In August 2023, wildfires ravaged neighborhoods throughout Maui, Hawaii, resulting in hundreds of individuals dead or missing. The tragic blazes not only left survivors without homes but also put their scorched land on the auction block for prospective, wealthy buyers looking for a beachside plot of land to develop. Due to homeowners being... |
2024 |
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| Eric Biber, Christopher Elmendorf, Nicholas Marantz, Moira O'Neill |
JUST LOOK AT THE MAP: BOUNDING ENVIRONMENTAL REVIEW OF HOUSING DEVELOPMENT IN CALIFORNIA |
54 Environmental Law 221 (Winter, 2024) |
California faces a dire housing crisis. California's land-use regulatory system remains a key driver of this crisis. State law grants local governments broad power to craft their own regulations on how to review and approve housing development. Though state law may limit a locality's ability to outright deny some types of housing development, local... |
2024 |
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| Luca Greco , Hannah Perls |
JUST RELOCATION: CLIMATE CHANGE AND THE OPPORTUNITIES AND LIMITATIONS OF THE UNIFORM RELOCATION ACT |
37 Harvard Human Rights Journal 319 (Summer, 2024) |
As climate change increases the severity and frequency of hurricanes, floods, wildfires, and other natural disasters, more people are being temporarily or permanently displaced from their homes. In 2022, the Census Bureau estimated that 3.4 million adults were temporarily or permanently displaced in the United States because of these events.... |
2024 |
|
| Richard J. Lazarus, Andrew Slottje |
JUSTICE GORSUCH AND THE FUTURE OF ENVIRONMENTAL LAW |
43 Stanford Environmental Law Journal 1 (February, 2024) |
I. Introduction. 2 II. Justice Gorsuch's Nomination. 6 III. Justice Gorsuch's Environmental Record: A Quantitative Assessment. 10 IV. Justice Gorsuch's Environmental Record: A Qualitative Assessment. 18 A. Separation of Powers. 19 B. Federalism. 27 C. Personal Liberty and Autonomy. 39 V. Conclusion. 48 |
2024 |
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| John Knox |
KEYNOTE SPEECH BY JOHN KNOX, FORMER U.N. SPECIAL RAPPORTEUR FOR HUMAN RIGHTS AND THE ENVIRONMENT |
56 Case Western Reserve Journal of International Law 77 (Spring, 2024) |
It is really a pleasure to be here at Case Western Reserve University School of Law. I'd like to thank the organizers of this Conference and especially my old friend, Dean Michael Scharf. We worked together at the State Department Legal Adviser's Office thirty years ago. I also want to acknowledge someone who's no longer with us, although I... |
2024 |
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| |
KNWAI FROM AHI: REVITALIZING THE HAWAI'I WATER CODE IN THE WAKE OF THE MAUI WILDFIRES |
137 Harvard Law Review 1994 (May, 2024) |
When the Maui wildfires in August 2023 forced Tereari'i Chandler-'ao to flee Lahaina, she could take only the necessities: food, clothes, and a box of water use-permit applications. The final item reflects an important quality of the fires: their focal point was not fire, but water. Since the birth of Hawai'i's sugar industry, recurrent water... |
2024 |
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| Alida Pitcher-Murray |
LANDBACK AND THE CASE FOR LAND RESTITUTION: HOW THE SOUTH AFRICAN LAND CLAIMS COURT AND RESTITUTION PROGRAMME CAN INFORM THE RETURN OF INDIGENOUS LAND IN THE UNITED STATES |
28 U.C. Davis Social Justice Law Review 1 (Winter, 2024) |
C1-2Table of Contents Abstract. 3 I. Part I: Introduction. 4 II. Part II: Settler Colonialism, the Indian Court of Claims, and the Land Claims Commission. 8 A. Treaties, Treaties, Theft, and Federal Policy as the Foundations for Native Land Loss. 8 1. Treaty Violations. 9 2. Federal Indian Policy. 11 3. The Demand for the Return of He Sapa. 14 B.... |
2024 |
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| Evelyn Brister , Andrea R. Gammon , Paul B. Thompson , Terrence R. Tiersch , Nikolas Zuchowicz |
MANIPULATING TIME BY CRYOPRESERVATION: DESIGNING AN ENVIRONMENTAL FUTURE BY MAINTAINING A PORTAL TO THE PAST |
52 Journal of Law, Medicine & Ethics 637 (Fall, 2024) |
Keywords: Advanced Cryopreservation, Conservation, Emerging Technology, Ethics, Justice Abstract: This article explores how time-related metaphors frame advanced cryopreservation technologies in environmental conservation. Cryopreservation stops or freezes biological time and buys time desperately needed to preserve species and ecosystems. We... |
2024 |
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| Stephanie Stern, A. Dan Tarlock |
MOVING WATER: MANAGED RETREAT OF WESTERN AGRICULTURAL WATER RIGHTS FOR INSTREAM FLOWS |
49 Columbia Journal of Environmental Law 249 (2024) |
Climate change-induced megadrought and rapid urbanization are forcing western agriculture into retreat as water supplies diminish and heat and drought ravage crops and livestock. At the same time, the megadrought is imposing deep ecological harm on riparian areas, fish species, and soil and increasing the concentration of pollutants in dwindling... |
2024 |
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| Hunter Collins |
NATIONAL MONUMENTS AND THE ANTIQUITIES ACT: THE PRESIDENT'S POWER TO CONSERVE 30 PERCENT OF OUR NATION'S LANDS BY 2030 |
13 Chicago-Kent Journal of Environmental and Energy Law 37 (Spring, 2024) |
Climate change is an existential threat to the United States, as well as the entire world. The enormity of the problem cannot be overstated, yet the United States has failed to respond to this growing crisis appropriately. Despite the immense importance of land conservation in mitigating the impact of climate change, the United States has only... |
2024 |
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| Kyle R. Mack |
NAVIGATING THE WATERS: A COMPARATIVE ANALYSIS OF VESSEL GHG EMISSIONS REGULATIONS UNDER THE CLEAN AIR ACT AND MARPOL |
48 Tulane Maritime Law Journal 253 (Spring, 2024) |
I. Introduction. 253 A. Overview and Background of Pollution Control in the Maritime Context. 255 B. Reasons for the Problem. 255 1. Public Governance Deficits. 255 2. Market Failures. 257 3. Enforcement Limitations. 258 II. U.S. Environmental Protections for Foreign Flagged Vessels?. 259 A. The Clean Air Act: Limitations. 262 B. The Need for... |
2024 |
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| Sarah Schindler, Kellen Zale |
NEIGHBORS WITHOUT NOTICE: THE UNEQUAL TREATMENT OF TENANTS AND HOMEOWNERS IN LAND USE HEARING PROCEDURES |
59 Harvard Civil Rights-Civil Liberties Law Review 339 (Spring, 2024) |
Recent empirical work has suggested that the people who show up at land use hearings tend to be whiter, wealthier, older, and more likely to be homeowners than the surrounding community. They also are more opposed to new housing construction in their communities. Thus, the views of these groups are amplified and the outsized opposition to new... |
2024 |
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| Heream Yang |
NEPA'S ENVIRONMENTAL VISION: CLOSE, BUT NOT QUITE |
42 Virginia Environmental Law Journal 120 (2024) |
The National Environmental Policy Act (NEPA) has been hailed as the Magna Carta of environmental law. NEPA not only crystalized the nation's environmental vision in its Declaration of National Environmental Policy, but it also formalized the federal government's relationship with the environment by requiring agencies to consider environmental... |
2024 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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