| Author | Title | Citation | Summary | Year |
| Michaela Anang-Hadjicostandi, Sophia Borgias, Karrigan Bork, Ann M. Eisenberg, Guadalupe M. Franco, Cinnamon Carlarne Hirokawa, Keith H. Hirokawa, Jonathan London, Melinda Morgan, Jessica Owley, Shannon Roesler, Sonya Ziaja |
ENVIRONMENTAL GEOGRAPHY AND LAW: TOWARD A SYNTHESIS |
99 Tulane Law Review 811 (April, 2025) |
This Article introduces the new interdisciplinary field of Environmental Geography and Law, which has deep roots in ecology, social science, and law. Environmental and natural resources laws are situated in specific times and places--where the climate, ecosystems, history, and political economy influence both the land and the law. These places... |
2025 |
| Alexandra L. Phelan , Stefania Negri , Marlies Hesselman |
ENVIRONMENTAL HEALTH: TOWARDS SYNTHESIS IN GLOBAL LAW AND GOVERNANCE |
53 Journal of Law, Medicine & Ethics 41 (Spring, 2025) |
International law and global governance regimes for environmental health challenges have been slow to reflect the intertwined relationship between the environment and human health. Historical legacies have caused artificial fragmentation between the two that has resulted in distinct fields of international law and institutions for the environment... |
2025 |
| Emily DiGiacomo |
ENVIRONMENTAL JUSTICE AND CUMULATIVE IMPACTS IN CALIFORNIA |
55 Environmental Law Reporter (ELI) 10146 (March/April, 2025) |
Yick Wo immigrated to San Francisco, California, in 1861 and built his own laundry business. San Francisco Order 1569 established a misdemeanor offense for any person who opens a laundry within San Francisco city limits without obtaining a permit from the board of supervisors, which had exclusive discretion to issue permits. Many Chinese... |
2025 |
| Jason E. Williams |
ENVIRONMENTAL JUSTICE AND INDIGENOUS COMMUNITIES IN THE SHADOW OF TAR SANDS |
39-WTR Natural Resources & Environment 47 (Winter, 2025) |
Amid the vast boreal forests of northern Alberta, Canada, lies one of the world's largest and most controversial sources of oil--the Canadian tar sands. This remote and rugged landscape is both an epicenter of industrial activity and the ancestral home of numerous Indigenous communities, including the Athabasca Chipewyan First Nation (ACFN) and... |
2025 |
| Shelly Taylor Page, Patricia A. Broussard |
ENVIRONMENTAL RACISM IN AMERICA: MINORITY COMMUNITIES AS DUMPING GROUNDS FOR ENVIRONMENTAL WASTE |
49 Southern Illinois University Law Journal 199 (Winter, 2025) |
Environmental racism is a disturbing issue affecting Communities of Color and individuals living in poverty alike. Global warming and governmental policies disproportionately affect individuals within the groups mentioned above. This stark imbalance raises serious ethical concerns that must be addressed to ensure the well-being of all citizens.... |
2025 |
| Genevieve Tokic |
ENVIRONMENTAL TAX INCENTIVES: LESSONS FROM THE U.S. INFLATION REDUCTION ACT (SO FAR) |
43 Pace Environmental Law Review 57 (Fall, 2025) |
In 2022, the United States enacted the Inflation Reduction Act (IRA), which President Biden touted as the most significant action the U.S. Congress has ever taken on clean energy and climate change. It is the primary governmental effort taken to date in furtherance of the United States's commitments to reduce greenhouse gas emissions (GHGs)... |
2025 |
| Ilona Evelina Mantachian |
ENVIRONMENTAL WAR CRIMES: ECOCIDE AND THE ARMENIA v. AZERBAIJAN CASE |
27 Vermont Journal of Environmental Law 1 (Fall, 2025) |
War is one of the most catastrophic climate emergencies. From the displacement of Indigenous peoples to its impacts on natural landscapes, war cripples vital ecologies and environmental resources and leaves ecosystems scarred long after ceasefires. Nowhere is this more evident than in the decades of Azerbaijan's state-sanctioned violence against... |
2025 |
| Alberto R. Salazar V. |
ENVISIONING A DUTY OF DIRECTORS TO LINK EXECUTIVE COMPENSATION TO CLIMATE CHANGE: LESSONS FROM EUROPE |
49 William and Mary Environmental Law and Policy Review 577 (Spring, 2025) |
The practice of tying executive compensation to climate change goals has gained some traction. However, designing a duty of directors to link executive pay to climate change objectives poses significant challenges. Some lessons can be drawn from countries attempting to establish such a duty. This Article examines Europe's Corporate Sustainability... |
2025 |
| |
FEDERAL INDIAN LAW -- TRIBAL JURISDICTION -- NINTH CIRCUIT DENIES REHEARING EN BANC TO CONSIDER WHETHER NONMEMBER PHYSICAL PRESENCE ON TRIBAL LANDS IS REQUIRED FOR TRIBAL ADJUDICATORY JURISDICTION. -- LEXINGTON INSURANCE CO. v. SMITH, 117 F.4TH 1106 (9TH |
138 Harvard Law Review 1689 (April, 2025) |
Chief Justice John Marshall recognized that Indian tribes are distinct, independent political communities, retaining their original natural rights, as the undisputed possessors of the soil, from time immemorial. But he also described tribes as domestic dependent nations. In the last half century, the Supreme Court has used the latter rationale... |
2025 |
| Ian A. Lutz |
FEDERAL INDIAN LAW--ABANDONING THE WARD: FEDERAL GOVERNMENT HAS NO AFFIRMATIVE DUTY TO SECURE WATER FOR NAVAJO NATION--ARIZONA v. NAVAJO NATION, 599 U.S. 555 (2023) |
58 Suffolk University Law Review 363 (2025) |
The federal government's reservation of land for an Indian tribe impliedly gives the tribe reserved rights to fully use all water sources on that land. Although the Supreme Court of the United States has occasionally clarified these rights to allow several Indian reservations to receive specific, quantified amounts of water, the Court has... |
2025 |
| Sophia Tidler, P.E. |
FEED IT TO THE OCEAN: THE FEDERAL APPROACH TO DECOMMISSIONING IN ALASKA NATIVE CLIMATE ADAPTATION PROJECTS |
41 Alaska Law Review 445 (June, 2025) |
This Note calls on the Council on Environmental Quality (CEQ) to issue guidance clarifying that concurrent decommissioning is an in-scope connected action under the National Environmental Policy Act for relocation, managed retreat, and protect-in-place projects aimed at replacing infrastructure in environmentally threatened Alaska Native... |
2025 |
| Sophia Tidler |
FEED IT TO THE OCEAN: THE FEDERAL APPROACH TO DECOMMISSIONING IN ALASKA NATIVE CLIMATE ADAPTATION PROJECTS |
55 Environmental Law Reporter (ELI) 10201 (March/April, 2025) |
This Article calls on the Council on Environmental Quality (CEQ) to issue guidance clarifying that concurrent decommissioning is a connected action under the National Environmental Policy Act for relocation, managed retreat, and protect-in-place projects aimed at replacing infrastructure in environmentally threatened Alaska Native communities. In... |
2025 |
| Mandy Mericle |
FEEDING THE FIRE: THE FEEDBACK LOOP CREATED BY MASS INCARCERATION AND CLIMATE CHANGE AND WHY ABOLITION IS THE ONLY WAY TO A STABLE CLIMATE |
5 North Carolina Civil Rights Law Review 151 (Spring, 2025) |
Introduction. 152 I. The Prison System's Contribution to Climate Change. 156 A. Fossil Fuel Emissions and other Pollutants Created in Building and Maintaining Prison Facilities. 157 B. Prisons Create a Captive Class of Consumers. 160 C. Use of Incarcerated Workers as Low-Cost Labor. 164 II. Rising Temperatures and Unconstitutional Conditions of... |
2025 |
| Alexander D. Lewis |
FIX HOUSING TO FIX AMERICA: UNLOCKING HOUSING ABUNDANCE WITH LAND-USE REFORM |
50 Journal of Corporation Law 775 (March, 2025) |
I. Introduction. 775 II. Background. 777 A. What the Housing Crisis looks like. 777 B. The Origins of Zoning. 779 C. Current Forms of Local Land Use Controls. 782 D. History of Cost Benefit Analysis. 784 E. CBA of Zoning Restrictions. 785 F. Current Efforts to Reform Local Land Use Restrictions. 792 III. Analysis. 795 A. Montana Miracle v.... |
2025 |
| Sydney Shearouse |
FLOWING JUSTICE: QUANTIFYING WATER RIGHTS IN THE WAKE OF ARIZONA v. NAVAJO NATION--NAVIGATING THE LEGAL OASIS FOR NATIVE AMERICAN WATER SOVEREIGNTY |
11 Texas A&M Journal of Property Law 433 (15-Feb-25) |
Climate change has spurred a meteoric rise in environmental disputes particularly in arid climates where water shortages have become increasingly commonplace. Water rights controversies rise to the fore of public discourse as awareness and acceptance of climate change--and its impact on scarce resources--have become a near universal norm. These... |
2025 |
| Hannah Corcoran |
FORGET IT, FLORIDA. IT'S CHINATOWN: THE RETURN OF IMMIGRANT LAND LAWS IN AMERICA |
96 University of Colorado Law Review 811 (2025) |
So the story of man runs in a dreary circle, because he is not yet master of the earth that holds him. -- Will Durant The United States is currently in the midst of a rebirth of what scholars have traditionally dubbed Alien Land Laws (hereinafter Immigrant Land Laws). These laws generally aim to regulate real estate acquisition and... |
2025 |
| Hailey Rizzo |
FROM PETROSTATE TO PRECEDENT: THE IMPACT OF HELD v. MONTANA ON FUTURE CLIMATE LITIGATION AND THE URGENT NEED FOR FEDERAL CLIMATE ACTION |
30 Ocean and Coastal Law Journal 219 (June, 2025) |
Abstract Introduction I. Background A. The Fossil Fuel Industry in Montana B. The 1972 Amendments to Montana's State Constitution C. The Montana Environmental Policy Act and its Subsequent Limitation 1. The 1972 Montana Environmental Policy Act 2. The 2011 MEPA Limitation D. Introduction to Held v. Montana E. Impacts of Climate Change 1. Climate... |
2025 |
| Axana M. Soltan JD, LL.M, MP.P |
FROM THE U.N. DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES TO THE PARIS AGREEMENT: EMBEDDING INDIGENOUS HUMAN RIGHTS IN INTERNATIONAL ENVIRONMENTAL GOVERNANCE |
94 UMKC Law Review 141 (Fall, 2025) |
In the face of escalating global environmental challenges, indigenous communities stand at a critical intersection--both as the stewards of the Earth's most vital ecosystems and as some of the most vulnerable populations to environmental degradation. Yet, these communities are disproportionately affected by deforestation, mining, climate change,... |
2025 |
| Andrew Sandahl |
FROM VALUES TO POLICY: EMBRACING ETHICS WITHIN THE NATIONAL ENVIRONMENTAL POLICY ACT |
36 Colorado Environmental Law Journal 29 (Winter, 2025) |
C1-2Table of Contents Introduction: Bringing Values to Light. 31 I. Environmental Ethics: Developing a Framework. 35 A. Theory: Ethical Spectrums. 35 1. The Consequentialist-Deontological Spectrum. 35 2. The Anthropocentric-Ecocentric Spectrum. 39 3. The Constitutive-Contextual Spectrum. 40 B. Application: Purdy's Perspective. 42 II. The National... |
2025 |
| Jarrod Ingles |
GEOTHERMAL ENERGY AND THE POSSIBILITY OF NARRATIVE UNITY IN ENVIRONMENTAL AND ENERGY LAW |
42 Pace Environmental Law Review 410 (Spring, 2025) |
As the United States seeks to address concerns about climate change and energy affordability through the deployment of renewable energy and natural gas, the tensions between energy law and environmental law have come into sharper relief. These two related fields are converging as never before because solutions to rising energy costs and the wicked... |
2025 |
| Brigham Daniels, Elisabeth Parker, Karrigan Bork, Andrew P. Follett, Danny Dudley |
GREAT SALT LAKE AND THE FUTURE OF ENVIRONMENTAL LAW |
96 University of Colorado Law Review 745 (2025) |
Great Salt Lake teeters on the verge of collapse. As an ecosystem of hemispheric significance, its decline poses an existential threat to the American West. Many have recognized the potential disappearance of Great Salt Lake as an environmental nuclear bomb. Despite this urgency, however, existing tools of federal environmental law or... |
2025 |
| Troy J.H. Andrade |
HO'OKU'IKAHI: RECONCILING LAND DISPOSSESSION, CULTURE, HISTORY, AND LAW IN HAWAI'I |
47 University of Hawaii Law Review 335 (Spring, 2025) |
Hawai'i's story is one like many other Indigenous communities across the globe: a colonizing regime actively assisted in the dispossession of land and illegal overthrow of another internationally recognized sovereign government. This Article examines the ongoing struggle for reparative action for the injustices against Native Hawaiians, Hawai'i's... |
2025 |
| Eva Quinones |
HOSTILE VOTING ENVIRONMENTS: CONCEPTUALIZING RACE-CLASS DISPARITIES IN POLLING PLACES AS DISENFRANCHISEMENT |
27 University of Pennsylvania Journal of Constitutional Law 218 (March, 2025) |
Research in the social sciences has long indicated that racial minorities and class-disadvantaged voters wait longer to vote, receive more confusing answers from poll workers, and vote at locations with worse lighting, signage, parking, and facilities for the disabled. With voting environments as they are, people can vote, but voting will be more... |
2025 |
| Karen “Kara” Consalo |
IF NOT HERE, THEN WHERE? THE CASE FOR LAND REPARATIONS IN EATONVILLE, FLORIDA |
34 Southern California Review of Law & Social Justice 171 (Spring, 2025) |
C1-2TABLE OF CONTENTS I. HISTORY OF BLACK LAND OWNERSHIP AND LAND LOSS IN AMERICA. 172 II. EATONVILLE, FLORIDA: The Town That Freedom Built. 178 III. ASSEMBLY OF THE HUNGERFORD LANDS AND ESTABLISHMENT OF THE HUNGERFORD NORMAL AND INDUSTRIAL SCHOOL. 182 IV. FORCED SALE OF THE HUNGERFORD SCHOOL LANDS. 189 V. COMMUNITY ATTEMPTS TO REGAIN THE... |
2025 |
| Michael O'Hora, Paul Rink |
INCORPORATING INDIGENOUS STEWARDSHIP IN LAND MANAGEMENT |
39-WTR Natural Resources & Environment 37 (Winter, 2025) |
In 2017, New Zealand (known to the Mori people as Aotearoa) passed groundbreaking legislation granting legal personhood to the Whanganui River after over a century of recurring legal efforts and political pressure by the Mori. Dana Zartner, Watching Whanganui & the Lessons of Lake Erie: Effective Realization of Rights of Nature Laws, 22 Vt. J.... |
2025 |
| Sidney Paulina Williams |
INDIAN WATER RIGHTS SETTLEMENTS AND THE ANIMAS-LA PLATA PROJECT: A SELF-FULFILLING PROPHECY OF DEPENDENCY |
86 Montana Law Review 471 (Summer, 2025) |
I. Introduction. 472 II. The Ute Indians: A History of Disturbances. 473 A. Mutable Relations and Policies of Encroachment. 474 B. Reservation Boundaries: Isolation, Incorporation, and Termination. 477 C. Tribal Integration: Conditional Terms of Dependency. 479 D. Tribal Capacity and Resource Management. 481 III. The Language of the Law:... |
2025 |
| Niv Ovadia, Elisa Rivas |
INDIGENOUS CHILDREN AND ENVIRONMENTAL RACISM |
40-FALL Natural Resources & Environment 28 (Fall, 2025) |
Across the United States, Indigenous children face a hidden but devastating threat: environmental racism. Often defined as the disproportionate exposure of marginalized communities to pollution and environmental hazards, environmental racism results from policies that neglect or actively harm these populations. From undrinkable water to toxic land,... |
2025 |
| Darren Parry |
INDIGENOUS PERSPECTIVE TO CLIMATE AND ENVIRONMENT |
58 U.C. Davis Law Review 2569 (June, 2025) |
Centuries ago, the smoke of his wigwam and the fires from his council meetings rose in every village. The young listened to the songs and the tales of bygone years; they listened and learned, so that someday they might also repeat the same. The mothers took time to play with their children and taught them to love and to appreciate the simplest joys... |
2025 |
| Dante R. Gurule |
INFRASTRUCTURE, EQUITY AND CLIMATE CHANGE: THE PROMISE OF THE INFRASTRUCTURE INVESTMENT AND JOBS ACT (IIJA) |
10 One J: Oil and Gas, Natural Resources, and Energy Journal 289 (January, 2025) |
[W]e've seen in the last couple of years the damage done in Texas and other places when transmission lines carrying power were taken down by extreme and unanticipated weather, leaving millions of folks without electricity for weeks and weeks, and costing our economy billions and billions of dollars. This bill provides upgrades to our power grid so... |
2025 |
| Steven Ferrey |
INTO THE LEGAL "TWILIGHT ZONE": STATE TENTH AMENDMENT JURISDICTION DISPLACING CLIMATE SUPREMACY |
28 Lewis & Clark Law Review 715 (2025) |
The Supremacy Clause of the Constitution notwithstanding, western states have utilized their reserved Tenth Amendment Constitutional authority, upheld by federal circuit courts, arbitrarily to block their adjacent states' sustainable infrastructure to address climate change. The Biden Administration set in motion a rapid electrification of the... |
2025 |
| Tierica Coleman |
INVISIBLE LINES, LASTING HARM: THE ENVIRONMENTAL COST OF REDLINING ON BLACK COMMUNITIES |
19 Southern Journal of Policy and Justice 1 (May, 2025) |
It's time to be clear about this misconception that environmental issues are incompatible with civil rights issues. The truth is that environmental issues are civil rights issues. I. Introduction II. Historical Context of Redlining and Environmental Injustice III. Theoretical Frames for Understanding Environmental Disparities A. The Weaver... |
2025 |
| Katie Metzger |
IS STRICT SCRUTINY TOO STRICT? REMEDIATING RACIAL DISPARITIES IN ENVIRONMENTAL HAZARD EXPOSURE |
93 George Washington Law Review 189 (February, 2025) |
As environmental justice issues garner national attention, legislatures have considered ways to address unequal exposure to environmental hazards. Some have passed laws that prioritize brownfield remediation grants to minority communities with the goal of getting grant money to communities that need it most. These laws are subject to strict... |
2025 |
| Megan J. Miller |
IS THIS LAND YOUR LAND? OR IS THIS LAND MY LAND?: THE ONGOING BOUNDARY DISPUTE BETWEEN MILLE LACS COUNTY AND THE MILLE LACS BAND OF OJIBWE |
21 University of Saint Thomas Law Journal 300 (Spring, 2025) |
Woody Guthrie--one of the most influential voices in the entire American folk music tradition --wrote This Land Is Your Land that has become like an alternative national anthem. Although seen by most Americans as a patriotic anthem emphasizing that we are all equally entitled to the rights of this country, including the land we stand on,... |
2025 |
| Denise Antolini |
JUSTICE WILSON'S LEGACY OF CLIMATE CHANGE JURISPRUDENCE AND ADVOCACY |
47 University of Hawaii Law Review 517 (Spring, 2025) |
The welfare of the planet depends on the just application of climate jurisprudence. -- Justice Michael Wilson In March 2014, when then-Circuit Court Judge Michael Wilson was grilled by the Hawai'i Senate Judiciary Committee during his nomination to become an Associate Justice of the Hawai'i Supreme Court, not one question was asked about his... |
2025 |
| Sarah J. Adams |
LAND LAW LOCALISM AND THE CLIMATE RESILIENCE PARADOX |
36 Stanford Law and Policy Review 47 (July, 2025) |
This article and its companion, Federal Flood Policy & Maladaptation: A Story of Collective Forgetting, 34 S. Cal. J. Interdisciplinary L. (in print 2025), confront foundational assumptions about land use governance and community resilience, focusing on potential legal reforms that center justice, support community engagement and activism, and... |
2025 |
| Charlsey Kelly |
LAND USE ZONING: THE ANSWER TO HOUSING AFFORDABILITY? A LOOK AT AUCKLAND, NEW ZEALAND AND MINNEAPOLIS, MINNESOTA |
53 Georgia Journal of International and Comparative Law 556 (2025) |
C1-2Table of Contents I. Introduction. 557 II. Background on Land Use and Zoning. 560 III. Auckland, New Zealand. 566 A. Auckland, New Zealand Pre-Reform. 567 B. Auckland, New Zealand Post-Reform. 570 IV. Minneapolis, Minnesota. 573 A. Minneapolis, Minnesota Pre-Reform. 575 B. Minneapolis, Minnesota Post-Reform. 580 V. Recommendations. 582 VI.... |
2025 |
| Caitlin Kwalwasser |
LESSONS LEARNED FROM THE MOUNTAIN VALLEY PIPELINE: CAN NATURE'S RIGHTS OR ENVIRONMENTAL JUSTICE BE THE NEW MVPS IN PIPELINE LITIGATION? |
49 William and Mary Environmental Law and Policy Review 461 (Winter, 2025) |
Introduction. 461 I. How Did They Fight? A Brief History of Litigation Efforts Preventing the Construction of the Mountain Valley Pipeline. 463 II. Environmental Justice and Nature's Rights as Alternative Litigation Strategies. 471 A. Environmental Justice Litigation: How Activists Have Used New Strategies to Advocate for Themselves and Their Land.... |
2025 |
| Morgan O. Schaack |
LEVERAGING THE FEDERAL TRUST RESPONSIBILITY TO SAFEGUARD NET NEUTRALITY ON TRIBAL LANDS |
92 University of Chicago Law Review 1489 (September, 2025) |
The internet plays a crucial role in modern life, but equal access to it is not guaranteed. This inequality is only starker since the recent overruling of the Chevron doctrine that afforded agencies deference in their interpretation of statutes and the second Trump administration's hostility toward net neutrality--a policy that prevents internet... |
2025 |
| Diane A. Desierto , Anibal Perez-Liñan , Faisal Yamil Meneses , Yuta Inada , Rachael DeGaugh , Andrew Marciano |
LITIGATING CLIMATE VULNERABILITY: CLIMATE CHANGE REPARATIONS IN GLOBAL JURISPRUDENCE AND EMPIRICAL RESULTS FROM THE NOTRE DAME CLIMATE CHANGE REPARATIONS DATASET |
43 Berkeley Journal of International Law 319 (2025) |
The global surge in climate change litigation provokes inquiry into the nature, frequency, and scope of climate change reparations that international, regional, and national courts, as well as arbitral tribunals and other adjudicative bodies such as UN treaty body mechanisms, determine to be adequate, both on legal merits as well as intrinsic... |
2025 |
| Dr. Paul R. Williams , Greta Ramelli , Ryan Jane Westlake |
LITIGATING FOR THE PLANET: HOW INTERNATIONAL COURTS AND TRIBUNALS CONVERGE AND DIVERGE ON CLIMATE CHANGE |
53 Denver Journal of International Law and Policy 333 (Spring, 2025) |
As the global community faces mounting repercussions of climate change and a narrowing timeline to avert irreversible environmental harm, the role of international law in climate change litigation has become increasingly critical. In recent years, hundreds of climate change cases have been filed against governments and corporations before domestic... |
2025 |
| Natalia Akopian |
LOBBYING FOR OUR LIVES: A COMPREHENSIVE ANALYSIS OF THE IMPACT OF RESTRICTIVE NON-PROFIT LOBBYING RULES ON THE PROGRESSION OF CLIMATE CHANGE LEGISLATION |
28 University of the District of Columbia Law Review 101 (Spring, 2025) |
Lobbying is a powerful tool that allows interest groups to influence lawmakers and shape policy decisions. However, the ability to effectively lobby is not evenly distributed among stakeholders. Generally, private businesses face minimal restrictions on lobbying while tax-exempt organizations, particularly non-profits advocating for environmental... |
2025 |
| Isabella Neihardt |
LULUCF IS MORE THAN A MOUTHFUL: HOW THE UNITED STATES COULD IMPLEMENT THE EUROPEAN UNION'S LAND USE, LAND-USE CHANGE, AND FORESTRY POLICY TO HELP FIGHT AGAINST THE US AGRICULTURAL LOBBY AND FIGHT CLIMATE CHANGE |
50 Brooklyn Journal of International Law 330 (2025) |
Climate change is this generation's defining issue--a problem past the point of requiring critical attention and response. Since 1850, the Earth's temperature has increased by approximately two degrees Fahrenheit, with the rate of warming tripling since 1981. The effects of global warming are already felt in the United States (US) and around the... |
2025 |
| David C. Scott |
MAKING SPACE FOR SACRED LANDS: FROM THE HARSH GLARE OF LYNG TO APACHE STRONGHOLD |
21 Stanford Journal of Civil Rights & Civil Liberties 194 (August, 2025) |
Federal courts have routinely held--under the Free Exercise Clause and Religious Freedom Restoration Act (RFRA)--that government actors operating on government-owned land may desecrate, destroy, modify, or restrict access to landmarks that are sacred to Native American tribes, even if doing so would virtually destroy the tribes' ability to... |
2025 |
| Elizabeth Anne Henderson |
MAN ON MARS: HOW CAN INTERNATIONAL SPACE LAW LIMIT THE ENVIRONMENTAL CONSEQUENCES OF THE COMING RUSH FOR RESOURCES IN SPACE? |
46 Michigan Journal of International Law 463 (2025) |
The body of international law governing space has stood at a standstill for decades. The five central treaties regulating this area of law are not only vague, but they have also become a hindrance to the global community's ability to address the rapidly intensifying second space race. The treaties do not adequately state who space belongs to, who... |
2025 |
| Michaela Morris |
MANATEES IN HOT WATER: HOW THE FLORIDA MANATEE BECAME DEPENDENT ON POWER PLANT WARM WATER OUTFALLS |
31 Buffalo Environmental Law Journal 63 (2023-2025) |
Each winter in Florida, thousands of manatees gather in the warm water outflows of power plants. These refuges play a crucial role for the Florida manatee: when ocean temperatures drop, manatees shelter at these artificial sources to survive. But in recent years, thousands of manatees wintering at the Florida Power & Light Company's Cape Canaveral... |
2025 |
| Gregory S. McNeal , Charlotte Runzel Lemos |
NAVIGATING LEGAL UNCERTAINTY: SEC ENVIRONMENTAL DISCLOSURES IN THE MARITIME INDUSTRY AND BEYOND |
99 Tulane Law Review 1027 (May, 2025) |
The Securities and Exchange Commission (SEC) has taken on an increasingly proactive role in enforcing environmental, social, and governance (ESG) regulations, focusing on mandating climate-related disclosures. This Article explores the implications of the SEC's evolving regulatory landscape using the maritime industry as a case study in the... |
2025 |
| Rajpreet K. Grewal , Melissa K. Scanlan |
NAVIGATING ROUGH WATERS AFTER SACKETT v. EPA: FEDERAL, TRIBAL, AND STATE STRATEGIES |
50 Columbia Journal of Environmental Law 61 (2025) |
The Clean Water Act is the primary federal law regulating impacts to water resources and water quality in the United States. Congress asserted the focus of the Act in the first section: to restore and maintain the chemical, physical, and biological integrity of the Nation's waters. Federal jurisdiction to implement this focus for many of the Act's... |
2025 |
| Rebecca Bratspies |
NEW YORK CITY AS A LABORATORY OF ENVIRONMENTAL INNOVATION |
34-SUM Kansas Journal of Law & Public Policy 285 (Summer, 2025) |
The world is increasingly urban. By 2050, the United Nations projects that more than two-thirds of global population will live in cities. Urbanization is even more pronounced in the United States, where eighty percent of people live in urban areas, defined broadly. People move to these cities for a variety of reasons--urban settings provide... |
2025 |
| Katrina Fischer Kuh , Nicholas A. Robinson , Scott Fein |
NEW YORK'S CONSTITUTIONAL GUARANTEE OF ENVIRONMENTAL RIGHTS |
27 NYU Journal of Legislation and Public Policy 361 (2024-2025) |
New York is embarking on the interpretation and implementation of potentially transformative constitutional reform, the addition of Article I, § 19 to New York's Bill of Rights, which provides that Each person shall have the right to clean air and water, and a healthful environment. To ensure the fulsome and effective implementation of Article I,... |
2025 |
| Jordyn Ignont |
NO BREATHING ROOM: EQUITY GAPS IN FEDERAL ENVIRONMENTAL COMPLIANCE AND PATHWAYS FOR REFORM |
19 Southern Journal of Policy and Justice 26 (May, 2025) |
C1-2Contents Contents. 26 Introduction. 28 Background. 30 I. Understanding Environmental Racism. 31 II. How Housing Policy Built Environmental Injustice. 32 III. Still Breathing Injustice: The Modern Toll of Historic Segregation. 36 Analysis. 37 I. How Black Communities Become Sacrifice Zones. 37 A. Mott Haven Neighborhood--Bronx, NY. 37 B. West... |
2025 |