| Author | Title | Citation | Summary | Year |
| Richard L. Revesz |
AIR POLLUTION AND ENVIRONMENTAL JUSTICE |
49 Ecology Law Quarterly 187 (2022) |
Particulate matter emissions give rise to the environmental problem with the worst public health consequences. Despite a half century of regulatory efforts, they still lead to 85,000 to 200,000 additional deaths each year and produce more than 100,000 heart attacks and almost nine million cases of exacerbated asthma. These enormously serious... |
2022 |
| Helen Sprainer |
AIR QUALITY EQUITY: WHY THE CLEAN AIR ACT FAILED TO PROTECT LOW-INCOME COMMUNITIES AND COMMUNITIES OF COLOR FROM COVID-19 |
30 New York University Environmental Law Journal 123 (2022) |
The effects of the COVID-19 pandemic highlight the many ways in which low-income communities and communities of color suffer disproportionate harms during a disaster. This pandemic is an environmental injustice because the inequitable development and enforcement of our environmental laws has left some communities more at risk for serious infection... |
2022 |
| John Leshy |
AMERICA'S PUBLIC LANDS: A SKETCH OF THEIR POLITICAL HISTORY AND FUTURE CHALLENGES |
62 Natural Resources Journal 341 (Summer, 2022) |
I recently published a comprehensive political history of America's public lands, those owned by the national government and managed by four agencies--the National Park Service, the United States Forest Service, the U.S. Fish & Wildlife Service, and the Bureau of Land Management. Most people know something about these lands, often through... |
2022 |
| Linda K. Breggin, Bruce Johnson, Jaehee Kim, Michael P. Vandenbergh |
ANALYSIS OF ENVIRONMENTAL LAW SCHOLARSHIP 2020-2021 |
52 Environmental Law Reporter (ELI) 10599 (August, 2022) |
The Environmental Law and Policy Annual Review (ELPAR) is published by the Environmental Law Institute's (ELI) 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... |
2022 |
| Amelia Marsh |
ANNE MACKINNON, PUBLIC WATERS: LESSONS FROM WYOMING FOR THE AMERICAN WEST, UNIVERSITY OF NEW MEXICO PRESS (2021); 368 PP.; ISBN 978-0-8263-6241-4 |
25 University of Denver Water Law Review 307 (Spring, 2022) |
Public Waters: Lessons from Wyoming for the American West traces the development of Wyoming water law and water management beginning in the 1880s through 2020. The author, Anne MacKinnon, leverages her extensive experience living and working in Wyoming as a journalist and editor-in-chief of the Casper Star-Tribune to chronicle the development of... |
2022 |
| Preston C. Green III , Chelsea E. Connery |
BEWARE OF EDUCATIONAL BLACKMAIL: HOW CAN WE APPLY LESSONS FROM ENVIRONMENTAL JUSTICE TO URBAN CHARTER SCHOOL GROWTH? |
73 South Carolina Law Review 643 (Spring, 2022) |
This Article explains how environmental justice principles can be used in litigation and legislation to enable minority families in urban communities to benefit from charter schools while at the same time protecting against the dangers posed to their school systems and children. In Part II, we explain how environmental justice concepts are designed... |
2022 |
| MJ Palau-McDonald |
BLOCKCHAINS AND ENVIRONMENTAL SELF-DETERMINATION FOR THE NATIVE HAWAIIAN PEOPLE: TOWARD RESTORATIVE STEWARDSHIP OF INDIGENOUS LANDS |
57 Harvard Civil Rights-Civil Liberties Law Review 393 (Summer, 2022) |
Introduction. 394 I. Four Values of Restorative Justice for Native Peoples. 397 A. Mo'omeheu: Cultural Integrity. 398 B. 'ina: Land and Natural Resources. 398 C. Mauli Ola: Social Determinants of Health and WellBeing. 399 D. Ea: Self-Governance. 399 II. Contextual History of Hawai'i's Public Land Trust. 400 A. Native Hawaiian Values, Customs, and... |
2022 |
| Monte Mills, Martin Nie |
BRIDGES TO A NEW ERA: A REPORT ON THE PAST, PRESENT, AND POTENTIAL FUTURE OF TRIBAL CO-MANAGEMENT ON FEDERAL PUBLIC LANDS |
52 Environmental Law Reporter (ELI) 10661 (August, 2022) |
Federal public land management agencies regularly disassociate their land management activities from their interactions with Indian tribes. Moreover, federal public land law generally provides state governments and private interests broad powers and authorities not yet extended to Indian tribes. Public land management agencies must be compelled to... |
2022 |
| Thomas B. Sokolowski |
CAN CRIMINALS RESHAPE ENVIRONMENTAL LAW? AN ANALYSIS OF MCGIRT AND ITS IMPLICATIONS ON REGULATING THE ENVIRONMENT |
55 Indiana Law Review 857 (2022) |
On July 9, 2020, the United States Supreme Court held in McGirt v. Oklahoma that a portion of eastern Oklahoma was an Indian reservation. Though the case specifically addressed whether the State of Oklahoma or the Muscogee (Creek) Nation had prosecuting authority over the defendant, the Justices anticipated the decision's implications on other... |
2022 |
| Bridget Roddy |
CAN YOU DIG IT? YES, YOU CAN! BUT AT WHAT COST?: A PROPOSAL FOR THE PROTECTION OF DOMESTIC FOSSILS ON PRIVATE LAND |
8 Texas A&M Journal of Property Law 473 (5-May-22) |
Paleontological resources require similar protections to archaeological resources because the threat of looting, improper excavation, and market demand are analogous. Paleontological resources are responsible for informing much of scientists' understanding of evolution and the history of the planet, just as cultural property helps to inform the... |
2022 |
| Lena Freij |
CENTERING ENVIRONMENTAL JUSTICE IN CALIFORNIA: ATTEMPTS AND OPPORTUNITIES IN CEQA |
28 Hastings Environmental Law Journal 75 (Winter, 2022) |
Environmental justice communities and advocates have used the California Environmental Quality Act (CEQA) as a necessary tool to incorporate their concerns into agency decision-making. However, environmental justice is neither mentioned in the statutory language of CEQA, nor was it intended as a fundamental purpose of CEQA as an environmental... |
2022 |
| Emily C. Gribble , David N. Pellow |
CLIMATE CHANGE AND INCARCERATED POPULATIONS: CONFRONTING ENVIRONMENTAL AND CLIMATE INJUSTICES BEHIND BARS |
49 Fordham Urban Law Journal 341 (February, 2022) |
Introduction 341 I. Environmental Justice, Climate Justice, and Carceral Institutions 342 II. Flooding and Fossil Fuels 346 III. Increased Morbidity and Mortality Related to Extreme Temperatures 352 A. Texas's Wallace Pack Unit Prison 352 B. Maricopa County Jail 354 C. Perryville Prison 355 D. Louisiana State Penitentiary at Angola 356 IV.... |
2022 |
| Cinnamon P. Carlarne |
CLIMATE COURAGE: REMAKING ENVIRONMENTAL LAW |
41 Stanford Environmental Law Journal 125 (May, 2022) |
I. Introduction. 126 II. The Making of Environmental Law. 133 A. How It Began: Environmental Law's Ecological Roots. 135 B. How It Is Going: A Field Detached. 140 III. Examining the Roots of Environmental Law. 142 A. International Environmental Leadership. 143 B. Environmental Justice. 147 C. Climate Justice. 152 D. Environmental Rights. 156 IV.... |
2022 |
| Laura Grier, Delia Mayor, Brett Zeuner, Paul Mohai |
COMMUNITY INPUT ON STATE ENVIRONMENTAL JUSTICE SCREENING TOOLS |
52 Environmental Law Reporter (ELI) 10441 (June, 2022) |
A number of environmental justice screening tools and processes have been developed across the United States in an effort to identify communities experiencing environmental injustice. These tools combine environmental and demographic data sets, layer them over a map, and present the map in a web-based format. Users can typically zoom in on a... |
2022 |
| Erum Sattar |
COMPARING COLONIAL WATER LEGACIES: FLOW AND STAGNATION IN LEGAL DEVELOPMENT |
29 Buffalo Environmental Law Journal 55 (2021-2022) |
In 1965 Lon Fuller wrote an article, Irrigation and Tyranny, that is perhaps little known by scholars other than legal theorists of irrigation. In it, he recounted his personal interest in the ideas of the great irrigation theorist Karl Wittfogel, specifically, Wittfogel's idea of a hydraulic civilization. Fuller observed that: The historian Karl... |
2022 |
| Daniel B. Rosenbaum |
CONFRONTING THE LOCAL LAND CHECKERBOARD |
56 University of Richmond Law Review 665 (Winter, 2022) |
Fractured public land is hidden in plain sight. In communities across the country, a patchwork assortment of local governments share splintered ownership over surplus public properties, which can be found scattered in residential neighborhoods and alongside highways, in the shadows of development projects and in the scars of urban renewal. The... |
2022 |
| Judith Dworkin |
COURTS HAVE MUCH TO RESOLVE IN DETERMINING INDIAN WATER RIGHTS |
36-WTR Natural Resources & Environment 39 (Winter, 2022) |
A sustainable water supply is critical for viable communities. In the western United States, this has meant the development of water law regimes to support the area's growing population. These regimes set objectives for obtaining and controlling limited water and diverting, storing, and delivering this vital resource. The federal government,... |
2022 |
| Bridgett Cecilia McCoy |
CRITICAL INFRASTRUCTURE, ENVIRONMENTAL RACISM, AND PROTEST: A CASE STUDY IN CANCER ALLEY, LOUISIANA |
53 Columbia Human Rights Law Review 582 (Spring, 2022) |
The ability to assemble, protest, and air grievances in the public sphere of one's community is not only a cherished right but is also an essential safeguard of other rights. In the Black communities of Cancer Alley, a polluted industrial corridor in Southern Louisiana, the state's critical infrastructure law has rendered protest on or near the... |
2022 |
| Misbah Husain , Melissa K. Scanlan |
DISADVANTAGED COMMUNITIES, WATER JUSTICE & THE PROMISE OF THE INFRASTRUCTURE INVESTMENT AND JOBS ACT |
52 Seton Hall Law Review 1513 (2022) |
I. Introduction. 1514 II. Water Infrastructure Need. 1515 III. Drinking Water. 1518 A. The Infrastructure Law Prioritizes Disadvantaged Communities for Funding Through the Drinking Water State Revolving Fund Program. 1518 B. The Infrastructure Law Expands Funding Opportunities to Disadvantaged Communities with Compliance Problems. 1519 IV. Clean... |
2022 |
| Mickaela J. Fouad |
DOWN AND DIRTY: REMEDIES AND REPARATIONS FOR INTERSECTED ENVIRONMENTAL AND REPRODUCTIVE JUSTICE |
87 Brooklyn Law Review 1423 (Summer, 2022) |
In 2016, Flint, Michigan's water crisis captured the nation's attention and prompted widespread conversations concerning environmental racism. In the fall of 2021, claims, including a class action suit, brought by city residents culminated in a historic $626 million award. But today, even after this settlement, many Flint residents still mistrust... |
2022 |
| Chandra T. Taylor-Sawyer |
DUAL-PURPOSE OUTREACH TO ENHANCE PUBLIC PARTICIPATION IN ENVIRONMENTAL DECISIONMAKING |
52 Environmental Law Reporter (ELI) 10629 (August, 2022) |
In my work at the Southern Environmental Law Center (SELC), I often face the question of how to do everything possible during the policymaking process to involve the people who are most harmed by environmental contamination. I have practiced in this area since 2006, and I have learned it helps to take a step back and make sure we are thinking about... |
2022 |
| Cate Baskin |
EMPOWERING WOMEN'S LAND RIGHTS AS A CLIMATE CHANGE MITIGATION STRATEGY IN NIGERIA |
20 Northwestern Journal of Human Rights 217 (7-Jul-22) |
ABSTRACT--This article focuses on the intersection between gender and land rights as they relate to climate change in Nigeria. Decisions about land use, such as biodiversity management and farming techniques, impact the quality of the land and peoples' ability to live off it. This article will show that women are better situated to utilize... |
2022 |
| Jaclyn Lopez |
ENFORCEMENT OF CLEAN WATER ACT COULD CLEAN UP WATER, SAVE FLORIDA MANATEES |
53 No. 4 ABA Trends 27 (March/April, 2022) |
Florida's water quality crisis is best told through the eyes of a Florida manatee. Florida manatees are slow-moving herbivores, roly-poly sea cows that graze on seagrasses throughout Florida's rivers, estuaries, and nearshore marine waters. But in 2021, algae-choked water caused by nutrient pollution killed hundreds of the manatees. On Florida's... |
2022 |
| Macon Bianucci, Robert Cetrino, Ciara Cooney, Lindsay Martin, Elizabeth Pianucci, Victoria Sheber, Stephanie West |
ENVIRONMENTAL CRIMES |
59 American Criminal Law Review 719 (Summer, 2022) |
I. Introduction. 721 A. Criminal Versus Civil Penalties. 723 B. Criminal Enforcement. 724 C. Interaction with Other Criminal Violations. 725 II. General Issues. 726 A. Overview of the Elements of an Environmental Criminal Violation. 726 B. Liability. 726 1. Individual Liability. 726 2. Corporate Liability. 728 C. Common Defenses. 730 1.... |
2022 |
| Seema Kakade |
ENVIRONMENTAL ENFORCEABILITY |
30 New York University Environmental Law Journal 65 (2022) |
There are great expectations for a resurgence in federal environmental enforcement in a Biden-led federal government. Indeed, federal environmental enforcement suffered serious blows during the Trump administration, particularly at the Environmental Protection Agency (EPA), including large cuts in the budget for enforcement and reversals of key... |
2022 |
| Jalen R. Farmer |
ENVIRONMENTAL INJUSTICE |
22 Journal of Law in Society 132 (Winter, 2022) |
C1-2CONTENTS Abstract. 132 Introduction. 133 I. Background. 134 A. National Environmental Policy Act. 135 B. Environmental Protection Agency. 136 II. Analysis. 136 A. Holding the EPA Accountable. 137 B. United Church of Christ. 139 III. Case Studies. 140 A. Toxic Doughnut'. 140 B. Uniontown, Alabama. 143 C. Cancer Alley'. 145 IV. Effectuating... |
2022 |
| Daniel Bertram |
ENVIRONMENTAL JUSTICE "LIGHT"? TRANSNATIONAL TORT LITIGATION IN THE CORPORATE ANTHROPOCENE |
23 German Law Journal 738 (June, 2022) |
(Received 21 June 2021; accepted 06 August 2021) Corporations are notoriously powerful actors in the current configuration of our globalized economy. Their activities play a key role in shaping a new age of ecological precarity--the Anthropocene. Much of this environmental damage occurs in cross-border settings, hampering victims' access to legal... |
2022 |
| Julia Dehm |
ENVIRONMENTAL JUSTICE CHALLENGES TO INTERNATIONAL ECONOMIC ORDERING |
116 AJIL Unbound 101 (2022) |
The relationship between trade, investment, and environmental protection is complex, and environmental activists have engaged with international economic law in a wide variety of ways. Some environmental activists have sought to use trade systems as leverage to advance environmental protections aims, while others have been concerned about how... |
2022 |
| Lauren Godshall, Devin Lowell |
ENVIRONMENTAL JUSTICE IN JUDICIAL OPINIONS |
54 No. 2 ABA Trends 16 (November/December, 2022) |
The legal system finds itself at a crossroads: acknowledging the significance of environmental justice and the need to properly consider it in major decisions, but without sufficient legal mechanisms or remedies. While environmental justice is increasingly in the news, in presidential pronouncements and plans, and in pleadings, plaintiffs still... |
2022 |
| Laura Cahier |
ENVIRONMENTAL JUSTICE IN THE UNITED NATIONS HUMAN RIGHTS SYSTEM: CHALLENGES AND OPPORTUNITIES FOR THE PROTECTION OF INDIGENOUS WOMEN'S RIGHTS AGAINST ENVIRONMENTAL VIOLENCE |
13 George Washington Journal of Energy & Environmental Law 37 (2022) |
Throughout the world, Indigenous women have denounced the disproportionate effects of environmental destruction, natural resource extraction, land exploitation, or intensive agriculture on every aspect of their lives and integrity, especially when these activities are conducted within or close to the lands and territories that Indigenous peoples... |
2022 |
| Anthony B. Cavender, Anne Idsal Austin |
ENVIRONMENTAL JUSTICE: THE EVOLUTION OF A NEW FEDERAL REGULATORY PROGRAM |
69-OCT Federal Lawyer 28 (September/October, 2022) |
*The views expressed herein are those of the authors. Environmental justice, as a policy priority of the federal government, dates back to 1994 and President Clinton's issuance of Executive Order (E.O.) 12898. This order directed federal agencies to identify and address, as appropriate, the disproportionately high and adverse human health and... |
2022 |
| Edwin C. Kisiel |
ENVIRONMENTAL LAW AND STRATEGIC COMPETITION: HELP OR HINDRANCE? |
9 National Security Law Journal 258 (Spring, 2022) |
Environmental law is often thought of as a hindrance to achieving long-term strategic competition goals. Environmental law imposes regulatory requirements that can constrain military acquisition, construction, and operations, providing a disadvantage compared to competitors not bound by environmental compliance requirements. However, recent... |
2022 |
| Mark A. Chertok, Kayley R. McGrath, Kevin A. Rogers |
ENVIRONMENTAL LAW: DEVELOPMENTS IN THE LAW OF SEQRA |
72 Syracuse Law Review 687 (2022) |
Introduction. 687 I. Summary Overview of SEQRA. 688 II. Caselaw Developments. 695 A. Threshold Requirements in SEQRA Litigation. 695 1. Standing. 696 A. Where Standing May Be Presumed. 697 B. Standing to Challenge Lead Agency Status. 698 C. Sufficiently Particularized Harm. 699 D. Zone of Interests. 701 2. Ripeness, Mootness & Statute of... |
2022 |
| |
ENVIRONMENTAL LAW--RACE--FIFTH CIRCUIT JUDGES CAST DOUBT ON ENVIRONMENTAL JUSTICE SUITS.--ROLLERSON v. BRAZOS RIVER HARBOR NAVIGATION DISTRICT, 6 F.4TH 633 (5TH CIR. 2021) |
135 Harvard Law Review 1955 (May, 2022) |
The path toward an environmentally just society has been long and rocky. During his first week in office, President Joe Biden signed two executive orders codifying his Administration's commitment to environmental justice (EJ). The orders join a long line of executive and administrative actions designed to push the federal government and its... |
2022 |
| Lisa Vanhala |
ENVIRONMENTAL LEGAL MOBILIZATION |
18 Annual Review of Law and Social Science 101 (2022) |
legal mobilization, environment, climate change, litigation, nongovernmental organizations, NGOs The mobilization of law to address the degradation of the environment implicates a wide range of institutions, actors, and materials. This article maps developments in the study of environmental legal mobilization. It examines the different theoretical... |
2022 |
| Daniel Andrés Domínguez |
ENVIRONMENTAL RACISM ON TUCSON'S SOUTHSIDE: AN OVERVIEW OF THE TUCSON SUPERFUND SITE AND A CALL TO ADDRESS NEW CHEMICAL CONTAMINATION |
12 Arizona Journal of Environmental Law & Policy 239 (Spring, 2022) |
Since the 1970s, the term environmental racism has become more commonplace in the public sphere and is largely recognized when governments and private industry aim to develop or use land for their own interests at the expense of the health and safety of the communities that reside nearby. This is a positive development in the evolution of... |
2022 |
| Dirk Hanschel , Mario G. Aguilera Bravo , Bayar Dashpurev , Abduletif Kedir Idris |
ENVIRONMENTAL RIGHTS BETWEEN CONSTITUTIONAL LAW AND LOCAL CONTEXT: REFLECTIONS ON A MOVING TARGET |
23 German Law Journal 1012 (September, 2022) |
(Received 31 August 2022; accepted 31 August 2022) Environmental rights such as the right to a sound environment and rights of nature, while playing an increasingly important role in global environmental governance and protection, frequently do not correspond to articulations of fundamental experiences of injustice by communities particularly... |
2022 |
| Jaclyn Lopez |
EPA'S OPPORTUNITY TO REVERSE THE FERTILIZER INDUSTRY'S ENVIRONMENTAL INJUSTICES |
52 Environmental Law Reporter (ELI) 10125 (February, 2022) |
Seventy phosphogypsum stacks are scattered throughout the United States, concentrated in low-wealth and Black, indigenous, and people of color communities. These radioactive waste heaps have a long history of failures, and present a substantial hazard and unreasonable risk of harm. The U.S. Environmental Protection Agency (EPA) should swiftly move... |
2022 |
| Maxwell Nettler |
EQUITY THROUGH EFFICIENCY: RETHINKING SUPERFUND POLICY IN LIGHT OF TORT LAW-PROVOKED ENVIRONMENTAL RACISM |
30 New York University Environmental Law Journal 267 (2022) |
Introduction. 267 I. The Cleanup Stage. 271 A. Structure of CERCLA. 271 B. EPA's Risk Assessment Methodology. 275 C. Inefficiencies in EPA's Methodology. 278 D. An Issue of Environmental Justice. 282 II. The Siting Stage. 283 A. Tort Law and Perverse Incentives. 283 B. Empirical Evidence. 286 C. Case Studies. 289 1. Dickson County. 289 2. Warren... |
2022 |
| João Figueiredo, Nova Law School, Nova University of Lisbon |
ESCLAVOS Y TIERRAS ENTRE POSESIÓN Y TÍTULOS LA CONSTRUCCIÓN SOCIAL DEL DERECHO DE PROPIEDAD EN BRASIL (SIGLO XIX) [SLAVES AND LANDS FROM POSSESSION TO TITLE-OWNING. THE SOCIAL CONSTRUCTION OF PROPERTY LAWS IN BRAZIL (19TH CENTURY)], MARIANA ARMOND DIAS PA |
45 PoLAR: Political and Legal Anthropology Review 1 (November, 2022) |
Esclavos y tierras entre posesión y títulos is a ground-breaking historical account of the early development of liberal property laws in Brazil. In this stimulating volume, Mariana Armond Dias Paes uses data collected from 74 randomly sampled legal proceedings of the Court of Appeals of Rio de Janeiro to ground a bottom-up interpretation of legal... |
2022 |
| Monica K. Mahal |
EXPANDING ENVIRONMENTAL HUMAN RIGHTS BEYOND WESTERN LEGAL ETHICS: AN ANALYSIS OF INDIA'S ENVIRONMENTAL JURISPRUDENCE |
31 Southern California Interdisciplinary Law Journal 539 (Spring, 2022) |
The Universal Declaration of Human Rights (UDHR) of 1948 is one of the most formative statements of ethics and serves as a guideline for international human rights, including the right to a healthy environment. The UDHR carries unparalleled influence, as evidenced by its translation into 360 languages--making it the most translated document in... |
2022 |
| Kevin K. Washburn |
FACILITATING TRIBAL CO-MANAGEMENT OF FEDERAL PUBLIC LANDS |
2022 Wisconsin Law Review 263 (2022) |
Each year Native American tribal nations enter hundreds of federal contracts worth billions of dollars to run federal Indian programs. By substituting tribal governments for federal agencies, these self-determination contracts have been enormously successful in improving the effective delivery of federal programs on Indian reservations. Tribal... |
2022 |
| Melissa K. Scanlan , Misbah Husain |
FEDERAL FUNDING AND WISCONSIN'S WATER INFRASTRUCTURE |
95-DEC Wisconsin Lawyer 8 (December, 2022) |
People throughout the United States increasingly are at risk for diminished drinking water quality, extreme flooding, property damage, and more. In Wisconsin, as in other states, these negative consequences are unequally distributed, with low-income and minority communities disproportionately affected by such harms. Among efforts to protect the... |
2022 |
| Michael C. Blumm, Kacey J. Hovden, Gregory A. Allen |
FEDERAL GRAZING LANDS AS "CONSERVATION LANDS" IN THE 30 BY 30 PROGRAM |
52 Environmental Law Reporter (ELI) 10279 (April, 2022) |
On January 28, 2021, President Joseph Biden issued Executive Order No. 14008 initiating the 30 by 30 program to conserve 30% of the nation's lands and waters by 2030. The Administration proceeded to produce the America the Beautiful report in May 2021, which laid out some principles for the conservation effort but did little to clarify the... |
2022 |
| Zachary R.M. Outzen |
FOREWORD TO ENVIRONMENTAL JUSTICE IN AMERICA: WHERE WE HAVE BEEN & CAN GO |
46 William and Mary Environmental Law and Policy Review 597 (Spring, 2022) |
In 1978, the Reverend Willie Hunter, a minister in Houston, Texas, approached an attorney named Linda McKeever Bullard. Bullard had recently left her position as a professor at the Thurgood Marshall School of Law to open her own private practice. Rev. Hunter had approached her on behalf of community members in Northwood Manor, a historically Black... |
2022 |
| Sara A. Colangelo |
FORGING COMPLETE JUSTICE: EQUITABLE RELIEF IN ENVIRONMENTAL ENFORCEMENT |
46 Harvard Environmental Law Review 315 (2022) |
Fifty years after the rise of modern environmental law and its robust enforcement regime, there persists a disproportionate distribution of environmental burdens in the United States. Many underserved communities suffer from legacy pollution, siting of undesirable land uses, failing infrastructure, and attendant epidemiological and ecological... |
2022 |
| Thomas Prol |
FULFILLING THE PROMISE OF THE CIVIL RIGHTS MOVEMENT WITH ENVIRONMENTAL JUSTICE |
336-JUN New Jersey Lawyer, the Magazine 14 (June, 2022) |
New Jersey Gov. Phil Murphy's April 20, 2018, Executive Order (EO) 23 set in motion one of the most far-reaching undertakings in his ambitious environmental agenda for the Garden State: implementing Environmental Justice. In EO 23, Murphy stated that he was strongly committed to leading an administration that ensures all New Jersey residents .... |
2022 |
| Gabriella Mickel |
GENTRIFICATION AND THE CYCLE OF (IN)EQUITY--USING LAND USE AUTHORITY TO COMBAT DISPLACEMENT |
51 Urban Lawyer 477 (October, 2022) |
In the wake of recent social justice movements, local governments are starting to address historical inequities in their communities. Unfortunately, in addressing these inequities, local governments can trigger gentrification, resulting in further injustice in the form of displacement and, thus, creating the need for another equity-motivated... |
2022 |
| Gregory Ablavsky |
GETTING PUBLIC RIGHTS WRONG: THE LOST HISTORY OF THE PRIVATE LAND CLAIMS |
74 Stanford Law Review 277 (February, 2022) |
Abstract. Black-letter constitutional law distinguishes private rights, which must be litigated before an Article III tribunal, from public rights, which Congress may resolve through administrative adjudication. Yet both scholars and the Supreme Court have long struggled to define this distinction. Recently, many have turned to history for... |
2022 |
| Gabrielle M. Kolencik |
HARMONY BETWEEN MAN AND HIS ENVIRONMENT: REVIEWING THE TRUMP ADMINISTRATION'S CHANGES TO THE NATIONAL ENVIRONMENTAL POLICY ACT IN THE CONTEXT OF ENVIRONMENTAL RACISM |
50 Journal of Law, Medicine & Ethics 76 (Spring, 2022) |
Keywords: Environmental Racism, National Environmental Policy Act, Environmental Justice, Trump, Biden Abstract: This article aims to show how the changes to NEPA by the Trump Administration are an act of environmental racism, defined as [i] ntentional or unintentional racial discrimination in environmental policy-making, enforcement of... |
2022 |