AuthorTitleCitationSummaryYearKey Terms in Title or Summary
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  
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  
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  
Sonia Lei PACIFIC ISLANDS AND THE U.S. MILITARY: THE LEGAL BORDERLANDS OF THE ENVIRONMENTAL MOVEMENT 47 Seattle University Law Review 1547 (Spring, 2024) Climate change remains an urgent, ongoing global issue that requires critical examination of institutional polluters. This includes the world's largest institutional consumer of petroleum: the United States military. The Department of Defense (DoD) is a massive institution with little oversight, a carbon footprint spanning the globe, a budget... 2024  
Adam Fisher PAY TO PLAY? THE PAST, PRESENT, AND FUTURE OF RECREATION FEES ON FEDERAL PUBLIC LANDS 54 Environmental Law Reporter (ELI) 10127 (February, 2024) The United States has historically valued free access to most public lands. But federal land management agencies also rely on users' fee dollars to support critical operations. This tension between free access and user pays has been an important feature of public land law since the late 1800s. The primary statute at issue is the Federal Lands... 2024  
Benjamin W. Cramer POLLUTERS ANONYMOUS: HOW EXEMPTIONS TO THE FREEDOM OF INFORMATION ACT CONTRADICT AMERICAN ENVIRONMENTAL LAW 39 Journal of Environmental Law & Litigation 125 (2024) Introduction. 125 I. Informational Requirements of American Environmental Law. 127 A. The National Environmental Policy Act. 127 B. Pollution Control Statutes. 130 C. The Emergency Planning and Community Right to Know Act. 134 II. Exemption 3 of the Freedom of Information Act. 136 A. Judicial History of Exemption 3. 139 B. Environmentally Relevant... 2024  
Christine Billy PREPARING FOR THE CLIMATE CRISIS: OSHA, DEADLY HEAT, AND EMERGENCY POWERS 51 Ecology Law Quarterly 57 (2024) In April of 2023, the Occupational Safety and Health Administration reviewed a petition brought by seven State Attorneys General urging the agency to issue an emergency rule addressing deadly workplace heat exposure. The agency acknowledged the acute hazards that heat poses to workers but decided against emergency intervention. A few months later,... 2024  
Madelaine Ackermann PRESERVING ECUADOR'S NATURAL WONDERS: A REVOLUTIONARY APPROACH TO PROTECTING INDIGENOUS COMMUNITIES' ANCESTRAL LANDS 32 Michigan State International Law Review 433 (2024) South America, home to the Amazon Rainforest, is essential for combating climate change. Historically, thousands of indigenous groups have called the Amazon home, but have been forced off their land and have been granted no legal rights to their land. Although several countries in South America have expressed the importance of preserving the... 2024  
Hannah Ellis PRESERVING PASTORALIST LIFESTYLES IN RESPONSE TO CLIMATE CHANGE-INDUCED DROUGHTS IN KENYA: IMPROVING LAND TENURE THROUGH ENVIRONMENTAL POLICIES AND CIVIL RIGHTS LAWS 24 Sustainable Development Law & Policy 4 (Spring, 2024) C1-2TABLE OF CONTENTS Introduction. 5 Part I. Pastoralism and Climate Change Acceleration. 5 A. What is Pastoralism?. 5 B. Climate Change as a Threat Multiplier. 6 C. Misunderstandings about Pastoralism. 6 Part II. Existing Legal Framework in Kenya. 8 A. Civil Rights and Environmental Protections in the Constitution. 8 B. Land Rights Laws. 8 Part... 2024  
Amanda N. Misasi PROSECUTING THE CRIMES OF CLIMATE CHANGE UNDER ARTICLE 7 OF THE ROME STATUTE 32 Michigan State International Law Review 129 (2024) The potential application of other inhumane acts under article 7(1)(k) of the Rome Statute to prosecute individuals most responsible for the climate crisis for crimes against humanity. This thesis attempts to establish that the current legal framework of crimes against humanity under the Rome Statute of the International Criminal Court allows for... 2024  
Sarah A. Matsumoto PROTECTING WATER, SUSTAINING COMMUNITIES: TRANSFORMING GROUNDWATER MANAGEMENT ENTITIES INTO SOURCES OF POWER DURING AND AFTER ENVIRONMENTAL CRISES 92 UMKC Law Review 825 (Summer, 2024) Groundwater serves as a vital, limited resource for people all over the world. The United States Geological Survey reports that about 140 million people in the United States rely on groundwater for drinking water, of those, almost 43 million people rely on groundwater from domestic (or private, non-public supply) wells. In rural areas, groundwater... 2024  
John D. Leshy PUBLIC LANDS AND NATIVE AMERICANS: A GUIDE TO CURRENT ISSUES 47 Public Land & Resources Law Review 1 (2024) I. Introduction. 1 II. Dispossession History in Relation to Today's Public Lands. 5 III. Many Native Americans and Non-Native Public Land Protection Advocates Have Strong Common Interests. 9 IV. U.S. Protection of Culturally Important Public Lands. 10 V. The Climate Challenge. 13 VI. Other Complications in Addressing Native Concerns on Public Lands... 2024  
Lisa Benjamin RACIAL CAPITALISM AND CLIMATE CHANGE: COLONIALISM AND CLIMATE LAW AND POLICY IN THE COMMONWEALTH 41 Wisconsin International Law Journal 577 (Summer, 2024) This Article provides a snapshot of current climate policy and litigation experiences in a select group of Commonwealth countries: the United Kingdom, Canada, India, Pakistan, Kiribati, and The Bahamas. It traces current domestic climate policies and litigation experiences back to the colonial histories of these countries. These Commonwealth... 2024  
Carmen G. Gonzalez RACIAL CAPITALISM, CLIMATE CHANGE, AND ECOCIDE 41 Wisconsin International Law Journal 479 (Summer, 2024) Lawyers, scholars, and activists have long sought to incorporate ecocide into the Rome Statute of the International Criminal Court to address corporate and governmental impunity for massive and severe ecological damage, including the harms caused by climate change. This Article uses the framework of racial capitalism to examine and critique the... 2024  
Albert C. Lin RATIONING PUBLIC LANDS 104 Boston University Law Review 345 (March, 2024) Visitation at national parks and other public lands has surged to record levels, a trend intensified in many places by the COVID-19 pandemic. Unfortunately, the popularity of public lands has led to congestion, a degraded outdoor experience, and damage to natural resources. In response, land managers have adopted capacity limits, reservation... 2024  
Dylan R. Hedden-Nicely REBALANCING WINTERS: INDIGENOUS WATER RIGHTS AND CLIMATE CHANGE IN THE WESTERN UNITED STATES 48 Harvard Environmental Law Review 489 (2024) C1-2Table of contents Introduction. 490 I. The Historical Development of Western Water Law. 491 II. The Devolution of the Quantification Method for Reserved Irrigation Water Rights for Tribes. 496 A. The Original Understanding of the Winters Doctrine. 496 B. The Balance Struck in Arizona v. California. 508 C. The Contemporary Method for Estimating... 2024  
Sonia Sikka, Professor, Department of Philosophy, University of Ottawa, Canada, ssikka@uottawa.ca RELIGIOUS FREEDOM AND SACRED LANDS 39 Journal of Law and Religion 116 (January, 2024) Taking Ktunaxa Nation v. British Columbia as a focal point, the author argues that the legal framing of Indigenous sacred land claims in terms of religious freedom carries significant costs. It impels courts to bracket consideration of sovereignty and territorial rights, while positioning Indigenous worldviews as nonrational rather than as dynamic... 2024  
David A. Green REMINISCENT OF THE LITTLE ROCK NINE AND RUBY BRIDGES: PRESENT DAY RACIALLY OFFENSIVE COMMENTS THAT CREATE A HOSTILE EDUCATIONAL ENVIRONMENT 23 Connecticut Public Interest Law Journal 72 (Fall, 2023-Winter, 2024) Education . means emancipation. It means light and liberty. It means the uplifting of the soul of man into the glorious light of truth, the light by which men can only be made free. - Frederick Douglass Dr. William Anderson is a full professor at Anystate University, within the University's College of Arts & Sciences, Liberal Arts and Humanities... 2024  
Clara Potter, Lauren Godshall RENTING AT THE EDGE OF THE WORLD: CLIMATE CHANGE PROTECTIONS FAILING RENTERS 74 Washington University Journal of Law & Policy 117 (2024) American law and policy are designed to protect property owners. Unsurprisingly, this extends to the policies and laws that are developing in response to climate change. Renters, however, are a massive part of the population, particularly in the places most likely to be impacted in the near and long-term by the effects of climate change. Yet... 2024  
Taylor Graham RESOLVING CONFLICTS BETWEEN TRIBAL AND STATE REGULATORY AUTHORITY OVER WATER 112 California Law Review 625 (April, 2024) In 2017, the Agua Caliente Band of Cahuilla Indians affirmed their legal right to water in a landmark victory in the Ninth Circuit Court of Appeals. In an exercise of its sovereign authority, the Tribe then implemented a permit system to regulate use of the groundwater underlying its reservation. But local and state water agencies already have a... 2024  
Richard E. Levy , University of Kansas School of Law RESTRICTIONS ON FOREIGN OWNERSHIP OF LAND 93-AUG Kansas Bar Journal 11 (July/August, 2024) In the 2024 session, the Kansas Legislature approved SB 172, the Kansas Land and Military Installation Act. The KLMI would prohibit the ownership of land within 100 miles of a military installation in the state by certain foreign adversaries of the United States. Although the Legislature failed to override the governor's veto of the bill, it seems... 2024  
Alexis Studler REVIVING INDIAN COUNTRY: EXPANDING ALASKA NATIVE VILLAGES' TRIBAL LAND BASES THROUGH FEE-TO-TRUST ACQUISITIONS 29 Michigan Journal of Race and Law 125 (Spring, 2024) For the last fifty years, the possibility of fee-to-trust acquisitions in Alaska has been precarious at best. This is largely due to the Alaska Native Claims Settlement Act of 1971 (ANCSA), which eschewed the traditional reservation system in favor of corporate land ownership and management. Despite its silence on trust acquisitions, ANCSA was and... 2024  
Mia M. Rahim, Guy C. Charlton, Abhay Kanwar RIVER WATER REGULATION IN INDIA: THE CHALLENGES OF THE ENTANGLED STATE 19 University of Pennsylvania Asian Law Review 419 (June, 2024) The inland river water regulations in India have become complicated by debates over river ownership, environmental sustainability, native aspirations, and industrial growth. This Article argues that such complexities surrounding the river water regulations inform a state of entanglement which cannot be addressed without invoking the unique way... 2024  
Jonathan Liljeblad SEA PEOPLES & MARINE PLASTIC POLLUTION IN SOUTHEAST ASIA: AN INTERNATIONAL HUMAN RIGHTS APPROACH IN SUPPORT OF INDIGENOUS RIGHTS TO ENVIRONMENT 27 UCLA Journal of International Law and Foreign Affairs 59 (Spring, 2024) The paper explores the potential for international human rights law to further articulation of indigenous rights to environment. The paper does so by using the case of sea peoples struggling against marine plastic pollution in Southeast Asia as an illustration clarifying how provisions in international human rights instruments can advance... 2024  
Chairwoman Charlene Nelson , Geoff Strommer SEEKING HIGHER GROUND--HOW CONGRESS CAN HELP TRIBES BEING PUSHED TO THEIR LIMITS DUE TO CLIMATE CHANGE 49 Human Rights 8 (2024) After months and years of natural disasters and extreme weather events, even the skeptics are having a hard time denying the obvious: climate change is here. And the climate refugees are coming. Many of the first will be Indigenous people, who are often those most affected by climate impacts and who, from all over the world, have been sounding the... 2024  
Bryn Arnold SILENCE IS VIOLENCE: PROTECTING TITLE IX VICTIMS BY APPLYING TITLE VI'S HOSTILE ENVIRONMENT FRAMEWORK TO CLAIMS OF FURTHER VULNERABILITY 56 Texas Tech Law Review 783 (Summer, 2024) Student-on-student sexual harassment is a serious problem that often goes unnoticed in K-12 education as well as universities. Under Title IX, these federally funded educational institutions owe a duty to their students to protect them from sex discrimination, specifically when there has been a reported incident of sexual harassment and the... 2024  
Sarah J. Fox SOIL GOVERNANCE AND PRIVATE PROPERTY 2024 Utah Law Review 1 (2024) This is an Article about soil. In consequence, it is also an Article about our relationship to land, and about how that relationship can and must change to confront the many environmental crises facing the United States. Questions about our relationship with the physical environment around us necessarily come to the fore in conversations about soil... 2024  
Anya T. Janssen , Melissa K. Scanlan SOLVING THE PHOSPHORUS PARADOX: FIVE STATES' APPROACHES TO RESTORING NUTRIENT IMPAIRED SURFACE WATER QUALITY 47-SPG Environs Environmental Law and Policy Journal 159 (Spring, 2024) The phosphorus paradox is a phrase coined to call attention to a challenge of scarcity pitted against overabundance, a story of necessity for a naturally scarce critical element that unfolds into a world of excess and degradation. We depend on phosphorus to feed the world and yet do not treat it as precious nor manage it as finite. Decades of... 2024  
Elizabeth Stephani SOUTH AFRICA LAND REFORM: MORE IS LESS 49 Brooklyn Journal of International Law 420 (2024) Tension surrounding White land ownership in South Africa persists nearly twenty years after the historic 1994 elections ushered in the a new era of freedom for non-White South Africans. White South Africans still own 72 percent of the country's private farmland. These realities have fueled political hate speech; including the controversial rally... 2024  
Hon. Kostan R. Lathouris , CHIEF JUDGE OF THE LAS VEGAS PAIUTE TRIBAL COURT SOVEREIGNTY, JURISDICTION, AND LANDS MATTER 32-FEB Nevada Lawyer 18 (February, 2024) The lights of a county law enforcement vehicle flashed in my rearview mirror. I had just left the reservation and was driving on a part of the road where everyone ignored the posted speed limits--unless, of course, there were donkeys wandering around. There were no donkeys that day. I was speeding, no question about it. So, I pulled over and waited... 2024  
Josiah Wolf SPRAWL AND CLIMATE CATASTROPHE: NORMATIVE CHALLENGES IN ZONING FOR DECARBONIZATION 37 Tulane Environmental Law Journal 129 (Winter, 2024) I. Introduction. 129 II. Sprawl, Zoning, and Decarbonization. 131 A. The Impact of Climate Change on the Urban Environment. 131 B. Why is Addressing Climate Change Through Land Use Policy So Crucial?. 133 C. Zoning's History, Facilitation of Sprawl, and Unfortunate Incentives. 137 III. Preemption, the Administrative State, and Legitimacy. 141 A.... 2024  
Ada Montague Stepleton , Sapphire Carter STRANGE BEDFELLOWS: STATES, TRIBES, AND WATER RIGHTS 47 Public Land & Resources Law Review 77 (2024) I. Introduction. 79 II. Research Process. 83 III. Legal Background. 84 A. General Overview of Reserved Indian Water Rights. 85 B. The Winters Doctrine. 85 C. McCarren Amendment. 88 D. State Water Administration Systems. 90 1. Prior Appropriation and Federally Reserved Indian Water Rights. 90 2. Riparian Rights and Federally Reserved Indian Water... 2024  
Stephen D. Earsom STRIKING BEFORE THE IRON IS HOT: HOW TRIBES IN THE EAST CAN ASSERT THEIR WINTERS RIGHTS TO PROTECT TRIBAL SOVEREIGNTY & MITIGATE CLIMATE CHANGE 42 Virginia Environmental Law Journal 47 (2024) Federally recognized tribes have been denied access to their legal allotments of water for over two centuries through a combination of federal assimilation and annihilation programs, inequitable provision of irrigation systems by federal agencies, and hostile state governments. The Winters doctrine is leaned upon heavily by tribes in the western... 2024  
Jade A. Craig STRUGGLE AGAINST THE WATER: CONNECTING FAIR HOUSING LAW AND CLIMATE JUSTICE 24 Nevada Law Journal 737 (Spring, 2024) C1-2Table of Contents Introduction. 737 I. Background. 748 A. The Designation of Locations for Black Communities. 748 B. Flooding and the Legacy of Redlining. 754 II. Equitable Relocation. 755 III. Fair Housing in the Age of Climate Retreat. 768 A. Considering Whether to Relocate. 775 B. Buyout Programs and Fair Housing. 779 C. Deciding Where to... 2024  
Nicholas E. Armstrong SWEAT EQUITY: A CONTEMPORARY ANALYSIS OF LAND DISPOSSESSION OF BLACK FARMERS IN THE SOUTHERN UNITED STATES 73 Washington University Journal of Law & Policy 408 (2024) Black rural land ownership is not what it was once was and Black rural landowners own far less than what they could and should own. Upwards of ninety percent of Black rural landowners have been dispossessed of their land due to government agency failure, systemic discrimination, and private prejudice that has shaped the legal landscaped since... 2024  
Rose Cuison-Villazor THE 2023 ALIEN LAND LAWS AND HISTORICAL AMNESIA 46 Western New England Law Review 102 (2024) Thank you Western New England Law Review, Andrew Loin (Editor-in-Chief), and Dean Zelda Harris for inviting me to participate in this incredibly powerful conference. I have learned so much from the speakers and panel discussions today. It truly is an honor to be part of this symposium. Since I am one of the last speakers of the day, I thought that... 2024  
Scott W. Stern THE CASE FOR CLIMATE REPARATIONS 128 Dickinson Law Review 529 (Winter, 2024) Climate reparations are, to employ an old cliché, an idea whose time has come. Of course, calls for reparations have been emanating from the Global South since long before scholars in the Global North started paying attention. The United States has been in the midst of a public debate over reparations for many years. And reparations have become... 2024  
Gina S. Warren THE CHRONIC GROWING PROBLEM: ENVIRONMENTAL AND SOCIAL JUSTICE CONCERNS WITH INDOOR CANNABIS GROWS 45 Cardozo Law Review 1901 (August, 2024) The rapid legalization of recreational marijuana across states has created en vironmental and social justice issues, particularly with indoor cultivation. Despite its federal illegality, twenty-four states and various territories have legalized marijuana, igniting a surge in indoor cultivation that bears significant environmental and social... 2024  
Keith H. Hirokawa, Cinnamon P. Carlarne THE CLIMATE MORATORIUM 11 Texas A&M Law Review 365 (Winter, 2024) Climate change is our new reality. The impacts of climatic changes, including massive forest fires, floods, drought, severe storms, saltwater intrusion, and the resulting migration of people displaced by such impacts, will continue to ravage communities across the nation into the foreseeable future. In the meantime, communities continue to expand... 2024  
Shantal Pai THE EFFECT OF HISTORICAL TRIBAL POLICY AND PROPERTY RIGHTS ON ENVIRONMENTAL REGULATION 39-SUM Natural Resources & Environment 47 (Summer, 2024) Before there were Europeans in the United States, there were Indigenous people. They governed independently through sophisticated governments that included tribal laws, cultural traditions, religious customs, and societal systems. Native American nations treated each other as sovereign governments, often negotiating treaties with each other to... 2024  
Jae Woon Lee, Antigoni Lykotrafiti, Máté Gergely THE EU-ASEAN COMPREHENSIVE AIR TRANSPORT AGREEMENT (2022): FROM REGIONAL TO INTERREGIONAL TO GLOBAL? 89 Journal of Air Law and Commerce 391 (Summer, 2024) The EU-ASEAN Comprehensive Air Transport Agreement (CATA) is the latest example of the EU's effort to set a global benchmark in the regulation of international air transport. The EU-ASEAN CATA is an exceptional ASA for its geographic coverage, liberalizing impact, and expanded substantive scope. As the first-ever bloc-to-bloc ATA with 27 EU... 2024  
Islam Attia THE JUDICIALIZATION OF CLIMATE CHANGE: THE TECHNIQUE AND ITS PROLIFERATION 56 New York University Journal of International Law & Politics 833 (Spring, 2024) --Nothing falls beyond the purview of judicial review --Interpretation is the only game in town On 29 March 2023, the UN General Assembly (UNGA) requested an advisory opinion from the International Court of Justice (ICJ) on the legal consequences of climate change under several regimes including international human rights law. Due to the... 2024  
Cosmas Emeziem THE LAW OF THE SEA CONVENTION 1982 AT FORTY-TWO: MILESTONES, TURBULENT WATERS, AND GLOBAL PEACE 55 George Washington International Law Review 393 (2024) This Article briefly explores the forty-two-year history of the 1982 United Nations Convention on the Law of the Sea (UNCLOS or the Convention), looking at its milestones, challenges, and enduring puzzles about the law of the Sea and the current realities of international relations. Often referred to as the constitution of the oceans, UNCLOS is... 2024  
Daina Bray, Thomas M. Poston THE METHANE MAJORS: CLIMATE CHANGE AND ANIMAL AGRICULTURE IN U.S. COURTS 49 Columbia Journal of Environmental Law 145 (2024) Over two dozen lawsuits have been filed in U.S. courts against fossil fuel companies by state and local government plaintiffs alleging climate harms and deceptions. But there are other central actors beyond these Carbon Majors that contribute heavily to the warming climate. Prominent among them is the animal agriculture sector, a significant... 2024  
Ilias Bantekas THE OFF-GRID REVOLUTION AND THE "PROMISE" OF ENERGY EQUALITY UNDER THE PARIS CLIMATE CHANGE AGREEMENT 23 Northwestern Journal of Human Rights 43 (Fall, 2024) Abstract--A key thesis of this article is that since renewable energy is quintessentially a public good both in constitutional and macroeconomic terms, its availability without restrictions to all people is a true manifestation of economic self-determination, ultimately entailing what this author calls energy equality. Although this equality is... 2024  
Nicholas S. Bryner THE ONCE AND FUTURE CLEAN AIR ACT: IMPACTS OF THE INFLATION REDUCTION ACT ON EPA'S REGULATORY AUTHORITY 65 Boston College Law Review 1 (January, 2024) Introduction. 3 I. History of the Clean Air Act's Technology-Forcing Standards. 7 A. Air Quality and Technology Standards in the Clean Air Act. 10 B. Technology-Forcing Standards in the 1970 Clean Air Act. 11 C. New Source Review: Technology-based Standards Balanced with Cost on a Case-by-Case Basis. 12 1. The Scope of NSR. 13 2. Application:... 2024  
Jennifer O'Rourke THE OVERLOOKED COMMUNITIES OF FORCED DISPLACEMENT IN THE UNITED STATES: HUMANIZING THE RELOCATION OF INDIGENOUS TRIBES IN THE FACE OF CLIMATE CHANGE 92 University of Cincinnati Law Review 850 (2024) For Tribal communities on the coastlands of Louisiana, the effects of climate change are not a distant threat, but an ever-present force of destruction. For Chantel Comardelle, the daughter of the deputy Tribal Chief of the Isle de Jean Charles band of the Biloxi-Chitimacha-Choctaw Tribe, the effects are both devastating and permanent: Once our... 2024  
Michael J. Kelly THE RIGHT TO A HEALTHY ENVIRONMENT: UNDERLYING POLICY FORMATION CHALLENGES IN THE UNITED STATES DURING THE TRUMP ERA 56 Case Western Reserve Journal of International Law 117 (Spring, 2024) I. Introduction. 117 II. Health Policy Failure. 123 III. Climate Change Policy Failure. 135 IV. Enforcement. 143 V. Conclusion. 146 Appendix. 147 2024  
Kyle J. Bobeck THE RIGHT TO BREATHE: A CONSTITUTIONAL PATH TO AN ENVIRONMENTAL AMENDMENT 85 University of Pittsburgh Law Review 433 (Winter, 2024) The constitutions of more than three-quarters of the countries on Earth explicitly reference environmental rights or responsibilities, but that is not the case in the United States. The U.S. Constitution contains no unequivocal right to a clean environment, and attempts to sway federal judges to find an implied right have not been successful.... 2024  
Leonard R. Powell THE SUPREME COURT AND TRIBAL WATER RIGHTS 49 Human Rights 4 (2024) Few issues in the American West are as pressing or as vexing as the escalating water crisis. And as water in the West continues to dry up, Tribal water rights become more and more critical with every passing year. Against this backdrop, the U.S. Supreme Court recently decided Arizona v. Navajo Nation, a case that asked whether the Navajo Nation's... 2024  
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