| Author | Title | Citation | Summary | Year |
| Blake Welborn |
THE ENERGY CAPITAL OF THE WORLD AND ENVIRONMENTAL JUSTICE: CITIZEN SUITS IN HOUSTON |
53 Texas Environmental Law Journal 195 (Winter/Spring, 2023) |
I. Introduction. 196 II. Houston and the Environmental Justice Movement. 196 A. Demographics. 196 B. A City With No Zoning. 197 C. An Introduction to Environmental Justice. 199 D. The Energy Capital of the World. 200 E. Double Jeopardy in Houston. 201 III. Environmental Citizen Suits and Standing. 202 A. Citizen Suits. 202 B. Standing. 204 1.... |
2023 |
| |
THE ENVIRONMENTAL JUSTICE IMPACTS OF PLASTIC POLLUTION |
53 Environmental Law Reporter (ELI) 10791 (October, 2023) |
Plastic pollution is a global environmental problem with a disproportionate impact on marginalized communities and other vulnerable groups. On June 27, 2023, the Environmental Law Institute (ELI), ELI's Women in Environmental Law & Leadership initiative, the Monterey Bay Aquarium, and WilmerHale co-hosted a panel of experts who explored the... |
2023 |
| Sarah Dávila A. |
THE ESCAZÚ AGREEMENT: THE LAST PIECE OF THE TRIPARTITE NORMATIVE FRAMEWORK IN THE RIGHT TO A HEALTHY ENVIRONMENT |
42 Stanford Environmental Law Journal 63 (February, 2023) |
I. Introduction. 64 II. The Escazú Agreement and the Inter-American System for the Protection of Human Rights. 69 A. Advisory Opinion on the Environment and Human Rights OC-23/17. 74 B. Comunidades Indígenas Miembros de la Asociación Lhaka Honhat (Nuestra Tierra) v. Argentina. 76 C. What is the Escazú Agreement?. 78 D. The Right to a Healthy... |
2023 |
| Sanne H. Knudsen |
THE EXOSKELETON OF ENVIRONMENTAL LAW: WHY THE BREADTH, DEPTH, AND LONGEVITY OF ENVIRONMENTAL LAW MATTERS FOR JUDICIAL REVIEW |
2023 Utah Law Review 1 (2023) |
Environmental law is pragmatic, inevitable, and intentional. In the aggregate, the numerous federal environmental statutes are not simply a patchwork of ad hoc responses or momentary political breakthroughs to isolated public health problems and resource concerns. Together, they are a group of repeated, legislatively-backed commitments to embrace... |
2023 |
| Kate Gehling |
THE FAIR HOUSING ACT AFTER INCLUSIVE COMMUNITIES: WHY ONE-TIME LAND-USE DECISIONS CAN STILL ESTABLISH A DISPARATE IMPACT |
90 University of Chicago Law Review 1471 (September, 2023) |
The Fair Housing Act (FHA) is a civil rights statute that prohibits housing discrimination against several protected classes. One theory of liability under the FHA is disparate impact, in which a plaintiff alleges that the defendant's policy or practice, although facially neutral, nevertheless has discriminatory effects because it... |
2023 |
| Amy Brimah |
THE FUTURE OF EXCLUSIONARY ZONING AND LAND USE IN COLORADO |
52-DEC Colorado Lawyer 34 (December, 2023) |
This article discusses the origins of zoning laws and the effects of zoning on various societal issues. Editors' Note: This article contains author opinion. Any statements of opinion are the author's own and do not necessarily reflect the views of Colorado Lawyer editors or the Colorado Bar Association. Initially introduced in the early 20th... |
2023 |
| Hannah Wilson |
THE GENDERED FACE OF CLIMATE CHANGE: EXPLORING THE IMPACT OF CLIMATE CHANGE ON GENDER-BASED VIOLENCE AND THE ROLE OF STATE AND NON-STATE ACTORS IN EFFECTING CLIMATE JUSTICE |
38 American University International Law Review 381 (2023) |
I. INTRODUCTION. 382 II. THE NEXUS BETWEEN CLIMATE CHANGE AND GENDER-BASED VIOLENCE. 385 III. CLIMATE CHANGE, HUMAN RIGHTS, AND STATE RESPONSIBILITY. 392 A. State Obligations in Relation to Climate Change. 400 B. United Nations Framework Convention on Climate Change. 402 C. Framework Principles. 403 D. Procedural Obligations. 404 E. Substantive... |
2023 |
| J.B. Ruhl , James Salzman |
THE GREENS' DILEMMA: BUILDING TOMORROW'S CLIMATE INFRASTRUCTURE TODAY |
73 Emory Law Journal 1 (2023) |
We need to make it easier to build electricity transmission lines. This plea came recently not from an electric utility executive but from Senator Sheldon Whitehouse, one of the Senate's champions of progressive climate change policy. His concern is that the massive scale of new climate infrastructure urgently needed to meet our nation's... |
2023 |
| Berta Esperanza Hernández-Truyol |
THE HUMAN ENVIRONMENT: AWAKENING TO THE INDOMITABLE CUBAN SPIRIT-- GOVERNMENT, CULTURE, AND PEOPLE |
17 FIU Law Review 563 (Spring, 2023) |
I. Introduction. 563 II. Government. 566 III. Culture. 580 A. Race. 583 B. Sex/Gender. 589 C. LGBTQ. 591 IV. The Cuban People/La Gente Cubana. 594 V. Conclusion. 606 |
2023 |
| Jordan K. Medaris |
THE IMPACT OF CLIMATE CHANGE ON THE CULTURAL IDENTITY OF INDIGENOUS PEOPLES AND THE NATION'S FIRST "CLIMATE REFUGEES" |
47 American Indian Law Review 1 (2022-2023) |
I am convinced that climate change, and what we do about it, will define us, our era, and ultimately the global legacy we leave for future generations. Today, the time for doubt has passed. - U.N. Secretary-General Ban Ki-moon The people of the world cannot continue to ignore Aboriginal Indigenous Peoples, the Natural System of Life, the Natural... |
2023 |
| Frank D. LoMonte , Daniel Delgado |
THE IMPORTANCE OF ACCESSIBLE GOVERNMENT DATA IN ADVANCING ENVIRONMENTAL JUSTICE |
47 William and Mary Environmental Law and Policy Review 827 (Spring, 2023) |
In 2021, investigative journalists with the nonprofit news service ProPublica drew on federal data to create what ProPublica's reporting team called an unparalleled view of how toxic air blooms around industrial facilities and spreads into nearby neighborhoods. A package of articles and graphics visually dramatized the problem of sacrifice... |
2023 |
| Zoe Vogel |
THE IMPORTANCE OF ENSURING AN ACCESSIBLE FEDERAL ACKNOWLEDGMENT PROCESS FOR INDIGENOUS TRIBES IN THE FACE OF THE CLIMATE CRISIS |
36 Tulane Environmental Law Journal 275 (Summer, 2023) |
I. Introduction. 275 II. Federal Acknowledgment Process: Procedures for Establishing that an American Indian Group Exists as an Indian Tribe. 278 A. History of Federal Recognition. 278 B. Current Process. 282 III. The Importance of an Accessible Federal Acknowledgment Process for Indigenous Tribes. 284 A. Right to Culture. 285 B. Access to Federal... |
2023 |
| Shelby D. Green |
THE INTENTIONAL COMMUNITY: TOWARD INCLUSION AND CLIMATE-COGNIZANCE |
62 Washburn Law Journal 243 (Winter, 2023) |
The wells in East Porterville, California (and in Metheny Tract), ran dry. The streets and homes of Ellicott City, Maryland (and in New Orleans), collected trillions of gallons of rain. Houston, normally almost subtropical, suffered an arctic polar vortex. Anchorage is seeing glaciers melt. The connection between these events is climate change.... |
2023 |
| Kelly Hanna |
THE INTERSECTION OF REASON AND RISK: HOW ARTICLE I, SECTION 27 OF THE PENNSYLVANIA CONSTITUTION CAN PROTECT ENVIRONMENTAL JUSTICE COMMUNITIES FROM STATE-SANCTIONED POLLUTION AND CUMULATIVE IMPACTS |
15 Drexel Law Review 621 (2023) |
In 1970, the Commonwealth of Pennsylvania ratified an amendment in Article I, Section 27 of its state constitution. Coined the Environmental Rights Amendment, Section 27 outlined two public rights for Pennsylvania citizens: the individual right to clean air, pure water, and the preservation of environmental values, and the right to ownership of... |
2023 |
| Rosa Celorio |
THE KALEIDOSCOPE OF CLIMATE CHANGE AND HUMAN RIGHTS: THE PROMISE OF INTERNATIONAL LITIGATION FOR WOMEN, INDIGENOUS PEOPLES, AND CHILDREN |
13 Arizona Journal of Environmental Law & Policy 155 (Spring, 2023) |
Climate change has been identified as a global emergency, a major international development issue, and a priority concern by many international and national entities. Women, Indigenous peoples, and children are some of the individuals and groups most affected by the adverse impacts of climate change. The author contends in this article that... |
2023 |
| Amy E. Turner |
THE LEGAL CASE FOR EQUITY IN LOCAL CLIMATE ACTION PLANNING |
50 Fordham Urban Law Journal 1245 (September, 2023) |
Over the last half decade, local climate action plans have regularly come to incorporate considerations of racial and socioeconomic equity, recognizing the ways in which low-income communities and communities of color experience earlier and worse consequences from global warming, and these communities are also at risk of being harmed by policies... |
2023 |
| Dave Owen |
THE NEGOTIABLE IMPLEMENTATION OF ENVIRONMENTAL LAW |
75 Stanford Law Review 137 (January, 2023) |
Abstract. Conventional wisdom describes environmental law as a field filled with rigid mandates. Many critiques of the field start with that rigidity as a key premise, and they allege that inflexibility is a central failing or, alternatively, a squandered virtue. Influential reform proposals follow from both allegations. This Article demonstrates... |
2023 |
| Helia Bidad |
THE POWER OF TRIBAL COURTS IN ONGOING ENVIRONMENTAL-TORT LITIGATION |
132 Yale Law Journal Forum 904 (2/17/2023) |
abstract. Cities, counties, and states across the country are bringing environmental and climate tort suits to hold environmental tortfeasors accountable. These cases are commonly brought in state and federal court, but the possibility of bringing these suits in tribal courts has largely been left out of the discussion. In the wake of attacks on... |
2023 |
| Sarah Fox |
THE PROSPECT AND PERILS OF CLIMATE PREEMPTION FOR PUBLIC HEALTH |
15 Northeastern University Law Review 1 (March, 2023) |
C1-2Table of Contents Introduction 7 I. The Potential for Local Action 10 A. Local Climate Action 14 B. Local Public Health Action 18 C. Local Public Health Actions in Response to Climate Change 20 II. State Preemption of Local Action 23 III. Localizing the Climate, Health, and Justice Conversation 28 A. Varied Climate and Health Impacts 29 B.... |
2023 |
| Carmen G. Gonzalez |
THE RIGHT TO A HEALTHY ENVIRONMENT AND THE GLOBAL SOUTH |
117 AJIL Unbound 173 (2023) |
This essay explores the implications of the right to a healthy environment for the long-standing criticisms of international human rights law as a project and product of the Global North. It examines the Southern origins of the right to a healthy environment and its interpretations in regional human rights tribunals. The essay analyzes the... |
2023 |
| Ginger Hervey |
THE RIGHT TO A HEALTHY ENVIRONMENT IN WEST AFRICA: HOW A PROGRESSIVE RULING SHOULD BE EXPANDED UPON AND BETTER IMPLEMENTED |
55 New York University Journal of International Law & Politics 447 (Winter, 2023) |
I. Introduction. 447 II. Ecological and Environmental Challenges in ECOWAS. 448 III. The Right to a Healthy Environment. 450 A. Expanding Recognition Globally. 450 B. Niger Delta Challenge at the African Commission. 452 IV. The ECOWAS Court and the Right to a Healthy Environment. 453 A. Landmark SERAP Case. 454 B. Setbacks Since SERAP. 456 V. Way... |
2023 |
| Lily Cohen |
THE ROLE OF ENVIRONMENTAL LAW IN ADDRESSING THE VIOLENT EFFECTS OF RESOURCE EXTRACTION ON NATIVE WOMEN |
47 Harvard Environmental Law Review 275 (2023) |
Native women face increased levels of sexual assault, sex trafficking, and other gender-based violence when resource extraction projects are located near Native communities. Recently, organizations have begun raising claims concerning the safety of Native women and children when challenging projects like the Keystone XL pipeline. However, these... |
2023 |
| Richard J. Lazarus |
THE SCALIA COURT: ENVIRONMENTAL LAW'S WRECKING CREW WITHIN THE SUPREME COURT |
47 Harvard Environmental Law Review 407 (2023) |
In West Virginia vs. EPA, a conservative majority within the Supreme Court announced a sweeping ruling, traceable to the opinions of former Justice Scalia, that seriously threatens environmental law's ability to safeguard public health and welfare. In sustaining former President Trump's repeal of the Clean Power Plan--an ambitious Obama... |
2023 |
| Associate Justice Michael Wilson (Ret.) |
TIMELY JUDICIAL RECOGNITION AND PROTECTION OF CLIMATE RIGHTS |
62 No. 4 Judges' Journal 19 (Fall, 2023) |
A judge is meant to be an instrument of justice. Equally apparent is the principle that the rule of law is the force by which judges are meant to achieve justice. Yet, it is beyond cavil that historically injustice arising from privilege has proven to be an intractable impediment to the just application of the rule of law by judges. Men and women... |
2023 |
| Frederick H. Turner |
TOXIC DEBT: AN ENVIRONMENTAL JUSTICE HISTORY OF DETROIT, JOSIAH RECTOR, THE UNIVERSITY OF NORTH CAROLINA PRESS, 2022 |
37-WTR Natural Resources & Environment 60 (Winter, 2023) |
Every once in a while a book comes along that reorients the way in which we see the environment. Toxic Debt is one of those books. Josiah Rector's account of environmental injustice in Detroit transcends the traditional boundaries between historical fields; he brings together environmental, legal, labor, economic, and urban history. Rector's method... |
2023 |
| Mahatab Uddin |
TRADITIONAL KNOWLEDGE, INTERNATIONAL ENVIRONMENTAL LAW, AND BANGLADESH |
48 Yale Journal of International Law Online 1 (2023) |
Traditional knowledge (TK), which is orally passed down from older to newer generations, is of vital importance to local communities and indigenous people who own and apply it in their everyday lives. TK is used in numerous areas of daily life including agriculture, medicine, music, literature, and home decor. Because TK is owned by a local or... |
2023 |
| Hannah Friedle |
TREATIES AS A TOOL FOR NATIVE AMERICAN LAND REPARATIONS |
21 Northwestern Journal of Human Rights 239 (Summer, 2023) |
Hundreds of treaties signed. Hundreds of treaties broken. The juvenile United States grew in size as independent Native nations ceded their territory through treaties. Thirsting for more land, the United States broke its promises and continued its manifest destiny westward. And what of tribes' treaty rights to land? Some Native nations received... |
2023 |
| Franklyn P. Salimbene, William P. Wiggins |
UNENDING ENVIRONMENTAL INJUSTICE: THE LEGACY OF THE 1956 FEDERAL-AID HIGHWAY ACT |
53 Environmental Law Reporter (ELI) 10169 (March, 2023) |
The Federal Aid Highway Act of 1956 led to massive investments in highway construction, changed the nation's physical landscape, and transformed how people traveled and where they lived. It also wreaked havoc on low-income and Black neighborhoods, imposing undeniable injustices, making no aid available to support residents displaced from their... |
2023 |
| Katherine Wilkin |
USE WITH NO REVIEW: HOW SPECIAL USE PERMITS IN MUNICIPAL ZONING PERPETUATE ENVIRONMENTAL INJUSTICE IN FOSSIL FUEL INFRASTRUCTURE SITING |
54 Columbia Human Rights Law Review 952 (Spring, 2023) |
C1-2Table of Contents Introduction. 954 I. The Limited Assessment of Special Use Permits and Their Role in Environmental Justice. 956 A. A Brief Overview of Environmental Justice in the United States. 957 B. Role of Land Use Planning in Environmental Justice. 959 C. Special Use Permits as a Mechanism of Municipal Zoning. 962 D. Lack of Scholarship... |
2023 |
| Madelyn M. VanDorpe |
WESTERNERS HUNG OUT TO DRY: A REVIEW OF THE PRIOR APPROPRIATION DOCTRINE AMIDST A DRYING CLIMATE AND A PATCHWORK OF WATER CLAIMS |
34 Villanova Environmental Law Journal 109 (2023) |
The western United States has struggled with maintaining an adequate water supply since its early settlement. In recent years, however, climate change and population growth have become additional components of the challenge, increasing the imminence of its water scarcity predicament. In 2021, the western half of the United States experienced a... |
2023 |
| Samantha Newman |
WHAT A WASTE! AN EVALUATION OF FEDERAL AND STATE MEDICAL AND BIOHAZARD WASTE REGULATIONS DURING THE COVID-19 PANDEMIC AND THEIR IMPACT ON ENVIRONMENTAL JUSTICE |
34 Villanova Environmental Law Journal 57 (2023) |
Scientists first reported the novel human coronavirus (COVID-19) disease in late 2019. On March 11, 2020, the World Health Organization (WHO) declared COVID-19 a pandemic, meaning it is a disease that is prevalent across the globe. COVID-19 is one of only five documented pandemics since the 1918 flu. Understanding the COVID-19 virus and its global... |
2023 |
| Bryce C. Tingle, KC |
WHAT DO WE KNOW ABOUT SHAREHOLDERS' POTENTIAL TO SOLVE ENVIRONMENTAL AND SOCIAL PROBLEMS? |
58 Georgia Law Review 169 (Fall, 2023) |
Securities regulators around the world are attempting to assist socially conscious shareholders in driving changes in the way corporate America operates. At a time when legislative solutions to some of our most pressing social and environmental problems seem far away, many market actors have come to hope that shareholders can succeed in regulating... |
2023 |
| Samuel Yang |
WHAT'S FERC GOT TO DO WITH IT? PROMOTING ENVIRONMENTAL JUSTICE IN THE PIPELINE PERMITTING PROCESS |
60 Harvard Journal on Legislation 167 (Winter, 2023) |
I. Introduction. 167 II. Background. 168 A. Defining Environmental Justice. 168 B. Environmental Justice, FERC, and Pipelines. 172 III. Analyzing the Approaches. 176 A. Procedural Policies. 177 1. Background. 177 2. Case Study: The Sabal Trail Pipeline. 178 3. Lessons Learned. 180 B. Cost-Benefit Analysis. 182 1. Background. 182 2. Case Study:... |
2023 |
| Alec Fante |
WHO IS MANNING THE SHIP? THE ENVIRONMENTAL AND LEGAL QUESTIONS FACING THE EMERGING COMMERCIAL SPACE TOURISM MARKET |
34 Villanova Environmental Law Journal 33 (2023) |
Spaceflight events during 2021--such as tourism flights and private space missions led by Jeff Bezos, Elon Musk, Richard Branson, and more--ushered in a new era for space exploration. The rapidly growing space tourism industry highlights the need for updated federal regulation and provokes polarizing viewpoints on its potential environmental... |
2023 |
| Filzah Belal |
WHY WE NEED A CONSTITUTIONAL RIGHT TO HEALTHY ENVIRONMENT IN CANADA |
34 Fordham Environmental Law Review 31 (Spring, 2023) |
The increasing demand for constitutional recognition of the right to a healthy environment (RTHE) has been a matter of public concern and debate in many countries, including Canada. This paper asks, will a constitutional RTHE within the Canadian Constitution add any value when statutes already exist to protect the environment (and thereby... |
2023 |
| Daniel C. Esty, Nathan de Arriba-Sellier |
ZEROING IN ON NET-ZERO: FROM SOFT LAW TO HARD LAW IN CORPORATE CLIMATE CHANGE PLEDGES |
94 University of Colorado Law Review 635 (Summer, 2023) |
One hundred and ninety-seven nations endorsed a target of net-zero greenhouse gas (GHG) emissions by midcentury in the 2021 Glasgow Climate Pact. As countries around the world have begun to develop their plans for deep decarbonization, it has become evident that the private sector will need to deliver much of what is required for the transition to... |
2023 |
| Mary Christina Wood |
"ON THE EVE OF DESTRUCTION": COURTS CONFRONTING THE CLIMATE EMERGENCY |
97 Indiana Law Journal 239 (Winter, 2022) |
In the dim and smokey twilight, with only bare necessities in tow, a family rushes to escape the wildfire racing toward them. Elsewhere, a household evacuates just ahead of a category five hurricane, perhaps not for the first time. Along the coastlines, countless others are resigned to looking on as their homesites erode into the inexorably rising... |
2022 |
| Eric Leis |
"WATER, WATER, EVERYWHERE, NOR ANY DROP TO DRINK": HOW THE FEDERAL GOVERNMENT CAN COMBAT SALTWATER INTRUSION IN THE UPPER FLORIDAN AQUIFER |
25 University of Denver Water Law Review 163 (Spring, 2022) |
INTRODUCTION. 163 I. The Upper Floridan Aquifer. 166 A. Groundwater. 166 B. Saltwater Intrusion. 167 C. Hydrology, Use, and Depletion of the Upper Floridan Aquifer. 168 D. Saltwater Intrusion into the Upper Floridian Aquifer. 169 II. Federal Water Rights. 170 A. Federal Reserve Water Rights. 170 1. The Development of the Winters Doctrine. 171 2.... |
2022 |
| Michael C. Blumm, Gregory A. Allen |
30 BY 30, AREAS OF CRITICAL ENVIRONMENTAL CONCERN, AND TRIBAL CULTURAL LANDS |
52 Environmental Law Reporter (ELI) 10366 (May, 2022) |
President Joe Biden's Executive Order No. 14008 of January 2021 called for the Administration to conserve at least 30% of the nation's lands and waters by 2030. To accomplish this ambitious 30 by 30 effort, the Order directed federal agencies to work with tribal governments, among others, to propose lands and waters as qualifying for... |
2022 |
| Reed D. Benson |
A CONTENTIOUS MISSION: WATER SUPPLY AND CORPS OF ENGINEERS RESERVOIRS |
32 Duke Environmental Law and Policy Forum 247 (Spring, 2022) |
The U.S. Army Corps of Engineers operates hundreds of multipurpose reservoirs nationwide, many of which provide water for municipal and industrial purposes. Demands for water from Corps reservoirs are sure to grow, and Congress has ordered the Corps to report on whether water supply should become a primary mission of the agency. The Corps has... |
2022 |
| Amanda Robert |
A FRESH APPROACH |
108-SEP ABA Journal 65 (August/September, 2022) |
As Howard Kenison prepared to chair the ABA Section of Environment, Energy and Resources in August 2020, he put environmental justice at the top of his list of initiatives. In particular, Kenison planned to create a task force to review and possibly revise a 1993 resolution related to environmental justice. The measure, submitted by the Standing... |
2022 |
| Noah DeWitt |
A TWISTED FATE: HOW CALIFORNIA'S PREMIER ENVIRONMENTAL LAW HAS WORSENED THE STATE'S HOUSING CRISIS, AND HOW TO FIX IT |
49 Pepperdine Law Review 413 (2022) |
California, the iconic Golden State, holds the infamous record for the largest population of people experiencing homelessness in the United States. These record-setting numbers have been steadily on the rise for decades and are due in large part to the state's severe housing shortage, which is currently just under one million housing units. From... |
2022 |
| Steven Sacco |
ABOLISHING CITIZENSHIP: RESOLVING THE IRRECONCILABILITY BETWEEN "SOIL" AND "BLOOD" POLITICAL MEMBERSHIP AND ANTI-RACIST DEMOCRACY |
36 Georgetown Immigration Law Journal 693 (Winter, 2022) |
C1-2Table of Contents I. Introduction. 694 II. Citizenship as Racism and Anti-Democracy. 698 A. Citizenship as Race. 698 1. Race Becomes Citizenship. 700 2. Citizenship Becomes Race. 711 3. Citizenship Racializes Citizens. 714 B. Citizenship as Anti-Democracy. 718 1. Citizenship Is Anti-Egalitarian. 718 a. Citizenship Is a Caste System. 718 b.... |
2022 |
| Arianna Zrzavy, Molly Blondell, Wakako Kobayashi, Bryan Redden, Paul Mohai |
ADDRESSING CUMULATIVE IMPACTS: LESSONS FROM ENVIRONMENTAL JUSTICE SCREENING TOOL DEVELOPMENT AND RESISTANCE |
52 Environmental Law Reporter (ELI) 10111 (February, 2022) |
This Article discusses how disparate environmental burdens can be addressed using environmental justice (EJ) screening tools. It identifies states that have developed state-specific EJ screening tools, analyzes these tools' functions, and identifies strategies to overcome resistance to them. The authors conducted interviews with multiple... |
2022 |
| Lindsay M. Farbent |
ADDRESSING THE DISPROPORTIONATE ADVERSE HEALTH EFFECTS AMONG BIPOC COMMUNITIES AS A RESULT OF ENVIRONMENTAL RACISM |
12 Barry University Environmental and Earth Law Journal 100 (Summer, 2022) |
Around one in three (31%) of Black Americans, compared to only 9% of their white counterparts, reported personally knowing someone who has died from COVID-19. Black folks are thirty percent more likely to die prematurely from heart disease and twice as likely to die of a stroke as white folks. Black folks, Indigenous folks, and People of Color are... |
2022 |
| |
ADMINISTRATIVE LAW--ENVIRONMENTAL LAW--REMEDIES--D.C. CIRCUIT UPHOLDS VACATUR AND REMAND OF DAKOTA ACCESS PIPELINE EASEMENT, REVERSES DISTRICT COURT ORDER TO CEASE PIPELINE OPERATIONS.--STANDING ROCK SIOUX TRIBE v. U.S. ARMY CORPS OF ENGINEERS, 985 F.3D 1 |
135 Harvard Law Review 1688 (April, 2022) |
Administrative law has a remedy problem. Careful attention to procedural safeguards and standards of review in administrative cases often leaves remedial options undertheorized both in court opinions and in scholarly commentary. Recently, in Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers, the D.C. Circuit upheld the vacatur of an... |
2022 |
| Bryan Davidson |
ADVANCING ENVIRONMENTAL JUSTICE WITH THE LATEST TECHNOLOGY |
58-OCT Tennessee Bar Journal 18 (September/October, 2022) |
Genesee Township, like so many other majority-minority communities in Flint, Mich., is no stranger to the health risks associated with environmental pollution. After spending the better part of a decade dealing with the lingering effects of a lead-contamination crisis that placed Flint and its drinking water system at the forefront of a national... |
2022 |
| Allyson E. Gold, Srinivas Parinandi, Allen Slater, Tyler Garrett |
ADVANCING POSITIVE WATER RIGHTS |
81 Maryland Law Review 449 (2022) |
Despite its necessity to survival, the United States does not recognize a positive right to water. Instead, access is determined largely by the free market. Consequently, millions have historically lacked reliable access to clean water, a crisis that disproportionately affects minority and low-income households. Then came the COVID-19 pandemic.... |
2022 |
| Jessica Holmes |
AGGREGATION: AN ESSENTIAL TOOL IN ACHIEVING IMPERATIVE ENVIRONMENTAL ENFORCEMENT, PROTECTION, AND JUSTICE |
52 Environmental Law 547 (Summer, 2022) |
Climate change is no longer a distant threat. The effects from environmental degradation, exorbitant greenhouse gas emissions, and the exploitation of our natural resources are inducing catastrophic tragedies that were once preventable. For the last four decades, between 1980-2021, the United States averaged seven weather disasters per year. In... |
2022 |
| Christian Webber |
AIDING EMPLOYMENT AND THE ENVIRONMENT ON TRIBAL LANDS: AN ANALYSIS OF HIRING PREFERENCES AND THEIR USE IN THE MINING INDUSTRY |
12 Arizona Journal of Environmental Law & Policy 298 (Summer, 2022) |
This Note analyzes hiring preferences on tribal lands in the mining industry within the United States and particularly in the State of Arizona, which has a relatively high number of both mines and federally recognized tribes. Arizona has its own robust history and case law on hiring preferences in the mining industry for tribal members. This Note... |
2022 |