Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
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 |
|
Dave Owen |
THE WATER DISTRICT AND THE STATE |
134 Yale Law Journal 1 (October, 2024) |
In much of the American West, water districts dominate water governance. These districts serve vitally important functions in regions challenged by aridity, growing populations, and climate change. These districts also often operate within boundaries developed a century ago, or more, and under governing rules that are undemocratic by design. In... |
2024 |
|
Isaac Lunt |
TOWARD DISTRIBUTED NATURE: THE AFFORESTATION EASEMENT AND A REGENERATIVE LAND ETHIC |
124 Columbia Law Review 1081 (May, 2024) |
Anthropogenic climate change is altering humanity's relationship to the natural world. As extreme weather events become more frequent and biodiversity plummets, humankind has three responsibilities: lower carbon dioxide emissions, preserve what remains of the natural world, and generate new pockets of nature to slowly rebuild what we have... |
2024 |
|
Frances Williamson |
TRIBAL WATER RIGHTS: PRIVATE LAW ALTERNATIVES TO THE FEDERAL TRUST DOCTRINE |
61 San Diego Law Review 407 (May-June, 2024) |
C1-2Table of Contents Abstract. 408 I. Introduction. 408 II. History and Background of Tribal Water Rights. 412 A. Tribal Waters and the Western Drought. 412 B. The Winters Doctrine. 415 C. The Quantification of Tribal Water Rights. 418 D. The Legal Issues with Tribal Water Rights. 422 III. Water Rights as Within the Federal Trust. 426 A. The... |
2024 |
|
Samuel Joyce |
TRIBAL WATER SOVEREIGNTY: AUTHORIZING INDIAN WATER MARKETING IN THE COLORADO BASIN |
35 Stanford Law and Policy Review 161 (February, 2024) |
In January 2023, Congress passed the Colorado River Indian Tribes Water Resiliency Act, authorizing the Colorado River Indian Tribes to lease part of its Colorado River water allocation to off-reservation users. The law grants the Colorado River Indian Tribes some of the rights that are already enjoyed by private water users, and creates an... |
2024 |
|
Robin Kundis Craig |
TRIBES AND WATER IN THE WAKE OF NAVAJO NATION AND SACKETT: TREATIES, WINTERS, MONTANA, AND RIGHTS OF NATURE |
48 William and Mary Environmental Law and Policy Review 687 (Spring, 2024) |
Freshwater resources in the United States face a variety of stressors, including drought, flooding, and climate change-driven shifts in precipitation, that exacerbate both water quality problems and drinking water crises. In the midst of these increasing issues regarding both water quality and quantity (allocation), Tribes are playing an ever more... |
2024 |
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Katherine Baker, Rose Athena Collins |
TRUST THE PROCESS: INTERIOR PROMISES FINAL RULE WILL STREAMLINE TRIBAL TRUST LAND ACQUISITIONS |
40 Practical Real Estate Lawyer 19 (Sep-24) |
The administrative process by which tribal nations obtain trust status for land to conduct off-reservation gaming or other activities has been criticized by some as cumbersome, lengthy, and overly burdensome. With recently implemented amendments to 25 Code of Federal Regulations (CFR) part 151, the Biden Administration seeks to make this process... |
2024 |
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Mekonnen Firew Ayano , Associate Professor, University at Buffalo School of Law, Buffalo, NY, United States, Email: mfayano@buffalo.edu |
UNDERSTANDING THE LOCAL COMPLEXITIES IN LAND LAW REFORMS: THE CASE OF LAND INALIENABILITY IN ETHIOPIA, 1991-2018 |
49 Law and Social Inquiry 2398 (November, 2024) |
(Received 24 July 2023; revised 15 February 2024; accepted 15 April 2024; first published online 18 September 2024) Postcolonial governments often restrict the market alienability of land rights for various policy reasons. One policy aims to treat all citizens equivalently and safeguard vulnerable social communities equally, as an unrestrained land... |
2024 |
|
Emily Campbell |
UNEQUAL LAND: TOWARDS FULL RECOGNITION OF INDIGENOUS PEOPLE'S RELIGIOUS RIGHTS |
10 Texas A&M Journal of Property Law 167 (11-Apr-24) |
Indigenous people face disparate treatment regarding religious free-exercise claims in the United States court system. Specifically, courts misconstrue native religious practices and hold native religious practitioners to a higher standard of proof than practitioners of mainstream religions in their free-exercise claims. This Article analyzes the... |
2024 |
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Elena Chang |
WAI EA: RESTORING HAWAI'I'S PUBLIC TRUST AND RECLAIMING LAHAINA'S WATER FUTURE |
46 University of Hawaii Law Review 366 (Spring, 2024) |
I. Introduction. 367 II. The Legacy of Plantation Disaster Capitalism in Lahaina. 375 A. The Dewatering of Lahaina's Abundant Landscape. 377 B. State-Aided Disaster Capitalism. 385 III. Restoring Hawai'i's Public Trust. 396 A. Decisionmakers Confound Balance in the Struggle to Effectuate Hawai'i's Public Trust. 397 B. Restorative Environmental... |
2024 |
|
Thomas R. Prible |
WALKING ON HOT COALS: USING THE INTER-AMERICAN HUMAN RIGHTS SYSTEM TO PROTECT BLACK COMMUNITIES' RIGHT TO A HEALTHY ENVIRONMENT |
34 Indiana International & Comparative Law Review 379 (2024) |
Franky. Julia Gillespie. Cyrus. Twenty-four people with recorded names, and 152 listed simply as Female age 8 or Male age 50. They range from one to sixty years old, and they represent the known enslaved persons associated with Philip Henry Pitts and his brothers, who were cotton planters in the Black Belt region of Alabama. One of his estates,... |
2024 |
|
Kelly Bridges |
WATER SECURITY IN THE WAKE OF ARIZONA v. NAVAJO NATION: HOW THE PRESIDENT'S EMERGENCY POWERS CAN PROVIDE A PATH FORWARD FOR THE NAVAJO NATION |
2024 University of Chicago Legal Forum 399 (2024) |
In 2023, the Supreme Court decided Arizona v. Navajo Nation, finding that the United States government does not have an affirmative duty to ensure the Navajo Nation's water security. The decision offers the Navajo two paths forward for relief: the tribe can either litigate specific water rights claims in the Colorado River Basin or lobby the... |
2024 |
|
Stella Emery Santana |
WE SHALL OVERCOME: THE EVOLUTION OF QUOTAS IN THE LAND OF THE FREE AND THE HOME OF SAMBA |
47 Seattle University Law Review 1243 (Spring, 2024) |
C1-2Contents I. Prelude: The Synopsis of Our Journey. 1243 II. The Universal Anthem--Higher Education as a Global Human Right. 1246 III. Liberty's Quest--The American Educational Odyssey. 1251 A. Mosaic of Dreams--Quest for Equity in the U.S.. 1252 B. Chronicles of Change--America's Affirmative Journey. 1258 IV. Rhythms of Equality--from Samba to... |
2024 |
|
Ann Sarnak |
WHEN PUBLIC LAND LEAVES PUBLIC HANDS: VALUES EMBEDDED IN MUNICIPAL LAND DISPOSITION LAW |
42 Yale Law and Policy Review 626 (Spring, 2024) |
In the wake of multiple economic crises, many local governments across the country have resorted to selling off their real property. At the same time, advocates and social movements are increasingly calling for municipalities to use publicly-owned land to advance spatial justice in cities--for instance, to develop affordable housing, parks, and... |
2024 |
|
Timothy Gentles |
WHITHER AFFIRMATIVELY FURTHERING FAIR HOUSING IN NEW YORK? THE AFFH MANDATE IN AN ERA OF LAND USE REFORM |
45 Cardozo Law Review 977 (February, 2024) |
C1-2Table of Contents Introduction. 978 I. Background. 985 A. The Fair Housing Act and the Duty to Affirmatively Further Fair Housing. 985 1. History of the AFFH Mandate. 985 2. Litigation Under the AFFH Mandate. 989 B. Exclusionary Zoning and Fair Housing. 991 C. Exclusionary Zoning in New York. 995 II. Analysis of the New York AFFH Law. 996 A.... |
2024 |
|
Jackie Dugard |
XOLOBENI'S STRUGGLE AGAINST PATRIRACIAL-COLONOCAPITALIST MINING IN SOUTH AFRICA: A COUNTERPOINT TO CLIMATE CATASTROPHE? |
41 Wisconsin International Law Journal 551 (Summer, 2024) |
Mining is central to the history of repression in South Africa. Mining made Sandton to be Sandton and the Bantustans of the Eastern Cape to be the desolate places that they still are. Mining in South Africa also made the elites in England rich by exploiting workers in South Africa. You cannot understand why the rural Eastern Cape is poor without... |
2024 |
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Amy Reavis, Nora Wallace |
"ENTITLED TO OUR LAND": THE SETTLER COLONIAL ORIGINS OF THE UNIVERSITY OF CALIFORNIA |
14 California Law Review Online 23 (June, 2023) |
Many may recognize the land grant moniker that several dozen U.S. universities like the University of California carry, but what many do not realize is that the land granted to fund these universities was land that the federal government had recently expropriated from Native Nations through violent seizures and coercive treaties. While... |
2023 |
|
Randall S. Abate |
"FOOL ME ONCE, SHAME ON YOU": PROMOTING CORPORATE ACCOUNTABILITY FOR THE HUMAN RIGHTS IMPACTS OF CLIMATE WASHING |
18 Intercultural Human Rights Law Review 1 (2023) |
Effective climate change governance faces two overarching challenges. The first is mobilizing the political will to regulate climate change with sufficient ambition. Second, when regulatory measures are in place to address climate change, the next challenge is ensuring that governmental and private sector entities are on track to comply with these... |
2023 |
|
Michael B. Kent, Jr. |
"NOTHING NEW UNDER THE SUN": A CENTENNIAL RETROSPECTIVE OF PENNSYLVANIA COAL CO. v. MAHON |
10 Belmont Law Review 201 (Spring, 2023) |
Introduction. 201 I. Context and Background. 203 A. Mining and Subsidence. 203 B. Legal Changes. 205 C. The Dispute. 206 II. The Opinions. 207 A. Justice Holmes's Majority Opinion. 207 1. The Extent of the Public Interest. 208 2. The Extent of the Taking. 210 B. Justice Brandeis's Dissenting Opinion. 211 1. Lawfully Imposed. 211 2. Not a... |
2023 |
|
William Y. Chin |
"WE WANT OUR LAND BACK": RETURNING LAND TO FIRST PEOPLES IN THE LAND RETURN ERA USING THE NATIVE LAND CLAIMS COMMISSION TO REVERSE CENTURIES OF LAND DISPOSSESSION |
24 Scholar: St. Mary's Law Review on Race and Social Justice 335 (2023) |
Introduction. 337 I. The First Peoples Land Inhabitance Era. 339 II. The European Land Dispossession Era. 340 III. The American Land Dispossession Era. 342 A. The United States' Continuing Reliance on the Discovery Doctrine. 342 B. The United States' History of Unjust Land Confiscations. 343 IV. The First Peoples Land Return Era. 345 A.... |
2023 |
|
Audrey Glendenning , Martin Nie , Monte Mills |
(SOME) LAND BACK . SORT OF: THE TRANSFER OF FEDERAL PUBLIC LANDS TO INDIAN TRIBES SINCE 1970 |
63 Natural Resources Journal 200 (Summer, 2023) |
Federal public lands in the United States were carved from the territories of Native Nations and, in nearly every instance, required that the United States extinguish pre-existing aboriginal title. Following acquisition of these lands, the federal government pursued various strategies for them, including disposal to states and private parties,... |
2023 |
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Juliana Vélez-Echeverri and Camila Bustos |
A HUMAN RIGHTS APPROACH TO CLIMATE-INDUCED DISPLACEMENT: A CASE STUDY IN CENTRAL AMERICA AND COLOMBIA |
31 Michigan State International Law Review 403 (2023) |
The past decade was the warmest decade ever recorded. As climate impacts intensify, numbers of people displaced and in need of relocation increase. International law has yet to adapt to a changing climate and its implications for those most vulnerable. Experts still debate whether the existing refugee regime could provide a solution for those... |
2023 |
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Clara Goodwin |
A TOOL TO BUILD A WORKING-CLASS ENVIRONMENTAL MOVEMENT: PROPOSAL FOR AN INDUSTRIAL WORKERS SAFETY ACT |
72 Washington University Journal of Law & Policy 219 (2023) |
The consequences of climate change are far-reaching and ripple throughout various aspects of society; one such consequence is the urgent need for overhaul of systems across the energy production, transportation, and industrial manufacturing industries. Unfortunately, such system improvements run contrary to the interests of powerful, influential... |
2023 |
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Olivia Magliozzi |
A WELL-FOUNDED FEAR OF THE CLIMATE: UTILIZING ENVIRONMENTAL GOVERNANCE STRUCTURES TO PROTECT CLIMATE REFUGEES |
46 Suffolk Transnational Law Review 123 (Winter, 2023) |
An international, collective failure to mitigate climate change and protect the refugees it leaves in its wake is among the greatest threats facing humanity presently and into the future. The definition of refugee was ascribed during the Geneva Convention of 1951 (1951 Geneva Convention) during a time when climate change was unimaginable, as a... |
2023 |
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Vanessa Racehorse , Anna Hohag |
ACHIEVING CLIMATE JUSTICE THROUGH LAND BACK: AN OVERVIEW OF TRIBAL DISPOSSESSION, LAND RETURN EFFORTS, AND PRACTICAL MECHANISMS FOR #LANDBACK |
34 Colorado Environmental Law Journal 175 (Spring, 2023) |
C1-2Table of Contents Introduction. 176 I. History of Forcible Dispossession of Indigenous Lands. 178 A. Doctrine of Discovery, Broken Treaties, and Indian Removal. 178 B. Land Back as More than a Movement. 183 II. Correlation Between Dispossession and Climate Change. 184 A. Shifting Land Management Practices. 185 1. Historical Indigenous Practices... |
2023 |
|
Jim Rossi , J.B. Ruhl |
ADAPTING PRIVATE LAW FOR CLIMATE CHANGE ADAPTATION |
76 Vanderbilt Law Review 827 (April, 2023) |
The private law of torts, property, and contracts will and should play an important role in resolving disputes regarding how private individuals and entities respond to and manage the harms of climate change that cannot be avoided through mitigation (known in climate change policy dialogue as adaptation). While adaptation is commonly presented as... |
2023 |
|
Tiffany Canate, et al. |
ADVANCING ENVIRONMENTAL HEALTH AND JUSTICE: A CALL FOR ASSESSMENT AND OVERSIGHT OF HEALTHCARE WASTE |
53 Environmental Law 147 (Spring, 2023) |
Tiffany Canate , Michele Okoh , Crystal Dixon , Natalie Sampson , Kandyce Dunlap , Fatemeh Shafiei , Jay Herzmark , Lindsay Tallon , Na'Taki Osborne Jelks , Theodora Tsongas , Denise Patel , Olivia Wilson , Eric Persaud , Omega Wilson, Brenda Wilson , Vincent Martin , Kelly McLaughlin , Margarita Asiain Healthcare waste adversely impacts society in... |
2023 |
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Kristin King-Ries |
ADVOCATING FOR COMMUNITY LAND TRUSTS |
31 Journal of Affordable Housing & Community Development Law 365 (2023) |
A Brief History. 365 I. What Is a CLT, Exactly?. 370 II. If CLTs Do Not Need Legislation to Function, Why Bother? CLTs Need Legislation to Thrive. 374 III. Access to Land: New York City and a Proposed CLT Right of First Refusal. 376 IV. Enabling Legislation and Consistent Tax Policies: The Guadalupe Neighborhood Development Corporation and the... |
2023 |
|
John Leshy |
AMERICA'S PUBLIC LANDS: WHAT HISTORY SUGGESTS ABOUT THEIR FUTURE |
34 Colorado Environmental Law Journal 1 (Winter, 2023) |
C1-2Table of Contents Introduction. 2 I. The Major Themes of Public Land Political History. 3 II. How the National Forest System Came About. 5 III. Other Land Acquisition Programs. 9 IV. Reserving the Remaining Public Lands in the 1930s. 10 V. Congress Reclaims Authority from the Executive. 13 VI. Public Land Policy from Reagan to Trump. 17 VII.... |
2023 |
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Rebecca Dixon |
AMID CLIMATE DISASTERS, WORKERS DEMAND A RIGHT TO SAFETY |
49 Human Rights 6 (October, 2023) |
Many years ago, I was a college student at home in Mississippi for the summer and in need of a temporary job. Lured by the promise of good pay, I took a job on the production line at a chicken plant. I will never forget the air, pungent with the smell of feathers and machinery. Amid the sounds of clanging metal and whirring conveyor belts, dozens... |
2023 |
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Sidney M. Lewellen |
AN ARGUMENT FOR MULTI-DISTRICT CLIMATE LITIGATION |
20 Indiana Health Law Review 411 (2023) |
Climate change is no longer an abstract problem for future generations. It is an immediate threat to human life and health, the tangible effects of which can be seen and felt around the world. The news is teeming with examples of climate disasters. In March 2022, an Antarctic ice shelf the size of Rome collapsed due to abnormally high temperatures.... |
2023 |
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Linda K. Breggin, Kristen Sarna, Henry Woods, Michael P. Vandenbergh |
ANALYSIS OF ENVIRONMENTAL LAW SCHOLARSHIP 2021-2022 |
53 Environmental Law Reporter (ELI) 10623 (August, 2023) |
The Environmental Law and Policy Annual Review (ELPAR) is published by the Environmental Law Institute's (ELI's) Environmental Law Reporter in partnership with Vanderbilt University Law School. ELPAR provides a forum for the presentation and discussion of some of the most creative and feasible environmental law and policy proposals from the legal... |
2023 |
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Haijing Wang, Mingqing You |
ANNUAL REVIEW OF CHINESE ENVIRONMENTAL LAW DEVELOPMENTS: 2022 |
53 Environmental Law Reporter (ELI) 10367 (May, 2023) |
In China, the year 2022 witnessed the further evolution of environmental protection and development of legislation and rulemaking. This mainly included adoption of the Black Soil Protection Law and the Yellow River Protection Law, as well as revision of the Animal Husbandry Law and the Wildlife Protection Law. This Comment summarizes some of the... |
2023 |
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Aisha I. Saad |
ATTRIBUTION FOR CLIMATE TORTS |
64 Boston College Law Review 867 (April, 2023) |
Introduction. 868 I. Litigating Climate Torts. 874 A. Climate Change in the Courts. 875 B. Developments in Climate Change Attribution. 877 C. Surveying the Law and Science of Climate Torts. 879 II. Attribution for Climate Torts.. 882 A. Political Question. 882 B. Standing. 886 C. Duty, Foreseeability, and Breach. 892 D. Causation. 896 E. Damages.... |
2023 |
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Danielle Gabay , Roee Furman , Dov Greenbaum |
AUTONOMOUS SHIPS: ENGINES OF ENVIRONMENTAL PROTECTION |
47 Tulane Maritime Law Journal 403 (Summer, 2023) |
As the COVID-19 pandemic has proven, the archaic shipping industry remains an integral part of the global supply chain and, as a result, an invaluable contributor to the world's general economic well-being. Artificial Intelligence (AI) is a considerably more recent component of our global economic activity and, perhaps, ultimately more valuable to... |
2023 |
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Emily Sims |
BACKYARDS TO JUNKYARDS: EXPOSING ALABAMA'S ENVIRONMENTAL INJUSTICE |
14 Alabama Civil Rights & Civil Liberties Law Review 27 (2022-2023) |
I. Gravity of the Deficient System. 28 II. Fighting for Home and Heritage in the Face of Filth. 30 A. Ashurst Bar and Smith Community, Tallassee, Alabama. 30 B. Uniontown, Alabama. 34 C. Dothan, Alabama. 38 D. Adamsville, Alabama. 41 E. Emelle, Alabama. 44 III. Pronounced Problems. 47 IV. Paradigm for Environmental Equality. 51 V. Conclusion. 54 |
2023 |
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Benjamin Longbottom , Aley Gordon |
BEYOND ALL DROUGHT: IMPROVING URBAN WATER CONSERVATION IN THE WEST THROUGH INTEGRATIVE WATER AND LAND USE POLICY |
63 Natural Resources Journal 88 (Winter, 2023) |
Although droughts have long plagued the western United States, rapid population growth and climate change are making the American West increasingly water insecure. In some western states, including Arizona, Colorado, and California, decisionmakers are responding to these changes with innovative water conservation-focused land use policies. In other... |
2023 |
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Josephine Rosene |
CANCER ALLEY: A CASE STUDY OF ENVIRONMENTAL INJUSTICE AND SOLUTIONS FOR CHANGE |
16 University of St. Thomas Journal of Law & Public Policy 501 (March, 2023) |
Inspiration for this paper comes from a particular moment in history, in which a seed for change was planted but ultimately never allowed to take root. The moment to which I refer took place on January 16, 1865, when Major General William Tecumseh Sherman issued Special Field Order No. 15. Special Field Order No. 15 called for the confiscation of... |
2023 |
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Jeff Todd |
CLIMATE CAP AND TRADE AND POLLUTION HOT SPOTS: AN ECONOMICS PERSPECTIVE |
39 Georgia State University Law Review 1003 (Summer, 2023) |
Although cap and trade is overwhelmingly preferred by economists for reducing greenhouse gases and spurring the adoption of renewables and other zero-carbon alternatives, some scholars and advocates worry that it allows firms to concentrate operations in poor and minority neighborhoods, thus leading to hot spots of harmful co-pollutants.... |
2023 |
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Stephen Kim Park , Norman D. Bishara |
CLIMATE CHANGE AND A JUST TRANSITION TO THE FUTURE OF WORK |
60 American Business Law Journal 701 (Winter 2023) |
Rapidly growing concerns about the adverse effects of climate change are prompting a re-thinking of how companies view their strategies and operations and spurring legal and regulatory responses around the world. The overarching objective of these efforts is to facilitate and accelerate the transition to a more sustainable economy. The green... |
2023 |
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Geoff Strommer |
CLIMATE CHANGE IS FORCING INDIGENOUS COMMUNITIES TO RELOCATE WITH LITTLE ASSISTANCE FROM THE FEDERAL GOVERNMENT--BUT CONGRESS CAN MAKE IT EASIER? |
70-SPG Federal Lawyer 17 (Spring, 2023) |
As climate change becomes more and more of a reality for our planet, some of the most impacted communities are America's indigenous people. Tribal Nations (including Alaska Native villages) throughout the United States are experiencing climate threats such as flooding, erosion, permafrost degradation, ocean acidification, increased wildfires,... |
2023 |
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