AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Chloe Picchio FORTUNE FAVORS THE BOLD--UNLESS YOU'RE IN RURAL AMERICA: LEGISLATING THE ENVIRONMENTAL EFFECTS OF CRYPTOCURRENCY 24 North Carolina Journal of Law & Technology 67 (April, 2023) Cryptocurrency aims to democratize financial transactions. Through a digitized blockchain, cryptocurrency miners can mine currency with the rapid use of equations, which adds the cryptocurrency to the blockchain and financially rewards the miners. Proof-of-work mining, used for Bitcoin, the most prevalent cryptocurrency, consumes massive amounts... 2023  
Shai Stern FROM "SIT AND WAIT" TO "PROACTIVE REGULATION": A MODEL FOR ENVIRONMENTAL REGULATION OF PRIVATE PROPERTY 53 Environmental Law 33 (Winter, 2023) Let me start from the end: recent years indicate that the world is moving in the right direction by increasing environmental awareness and attempting to deal with immediate and long-term environmental threats on an ongoing basis. But the path to achieving these results--like any transition from one point to another--involves significant costs for... 2023  
Anthony Moffa FROM COMPREHENSIVE LIABILITY TO CLIMATE LIABILITY: THE CASE FOR A CLIMATE ADAPTATION RESILIENCE AND LIABILITY ACT (CARLA) 47 Harvard Environmental Law Review 473 (2023) C1-2Table of Contents Introduction. 473 I. The Early 1980s and the Early 2020s. 477 A. The 1980s. 477 B. The 2020s. 486 II. The Inefficiency of the Tort Solution. 495 A. The Fate of Pending Adaptation Torts Cases. 495 B. Causation and Adaptation Damages Calculations. 501 III. The Political and Policy Case for a Statutory Remedy. 505 IV. Features of... 2023  
Madison MacLeod FROM NATURE TO NUISANCE: A HISTORICAL OBSERVATION ON THE TRAJECTORY OF ENVIRONMENTAL LAW 15 Golden Gate University Environmental Law Journal 35 (Spring, 2023) Environmental law and policy in the United States has had a wavering trajectory, ebbing and flowing with the tides of societal awareness, technological advancements, and political leadership. Although many of the early roots of Western environmental policy stem from a combination of resource depletion and public outrage in Europe, these notions... 2023  
Hélène Tigroudja FROM THE "GREEN TURN" TO THE RECOGNITION OF AN AUTONOMOUS RIGHT TO A HEALTHY ENVIRONMENT: ACHIEVEMENTS AND CHALLENGES IN THE PRACTICE OF UN TREATY BODIES 117 AJIL Unbound 179 (2023) Since the end of the 2010s, some of the UN human rights treaty bodies have affirmed and enhanced states' obligations in relation to the environment. This green turn, deeply influenced by the jurisprudence of the regional human rights tribunals and the work of UN Special Procedures, raises the question of the potential recognition of an autonomous... 2023  
Altamush Saeed FROM THE UNITED STATES TO PAKISTAN: CAN CLIMATE CHANGE PAVE THE WAY FOR AN INTERNATIONAL RIGHT TO ANIMAL RESCUE IN DISASTERS? 29 Animal Law 193 (2023) Over 69% of the world's wildlife has been lost between 1970 and 2018. Catastrophic events like the Australian bushfires, the Amazon rainforest fires, and the ongoing floods in the United States have led to the deaths of several billion animals. Ongoing apocalyptic floods have put one-third of Pakistan underwater and led to the deaths of over a... 2023  
Stephen Cody, Suffolk University Law School, Boston, Massachusetts, USA GLOBAL BURNING: RISING ANTIDEMOCRACY AND THE CLIMATE CRISIS. BY EVE DARIAN-SMITH. STANFORD: STANFORD UNIVERSITY PRESS, 2022. 230 PP. $22.00 PAPERBACK 57 Law and Society Review 410 (September, 2023) [O]ur planet is literally and metaphorically on fire, writes Eve Darian-Smith (p. 137). Wildfires burn throughout California. Bushfires rage in Australia. The Amazon smolders. In Global Burning: Rising Antidemocracy And The Climate Crisis, Darian-Smith investigates the origins of these catastrophic wildfires and their disproportionate impacts on... 2023  
John Landzert GREEN NEW APPEAL?: THE DUE PROCESS CLAUSE AS A DEFENSE AGAINST STATE PREEMPTION OF MUNICIPAL ENVIRONMENTAL LAWS 64 Boston College Law Review 1243 (May, 2023) Abstract: As action to combat climate change stalls on the federal level, cities and towns have taken the lead in passing environmentally friendly legislation. Nevertheless, as political polarization continues, states have increasingly employed preemption ceilings to curb municipal legislative efforts. Many state constitutions are structured in a... 2023  
Jose Garcia-Fuerte , William Garriott GREENING THE GREEN RUSH: HOW ADDRESSING THE ENVIRONMENTAL IMPACT OF CANNABIS LEGALIZATION CAN ENHANCE SOCIAL EQUITY AND REMEDIATE THE HARMS OF THE WAR ON DRUGS 53 Environmental Law 169 (Spring, 2023) The legalization of cannabis in the United States has focused on creating regulated, for-profit commercial markets modeled on alcohol to replace the prohibition regime that held sway for most of the 20th Century. Like the fabled gold rush of the 19th Century, this new market opportunity has been a magnet for entrepreneurs and prospectors of all... 2023  
John Latson HIGHER ALTITUDES AND HIGHER STANDARDS: ADVOCATING THE FCC REQUIRE ENVIRONMENTAL ASSESSMENTS FOR MEGA-CONSTELLATIONS 16 Journal of Business, Entrepreneurship and the Law 105 (Fall, 2022 & Spring, 2023) I. Introduction. 106 Ii. The National Environmental Policy Act's Purpose And Procedure. 109 A. The Federal Government As Trustee Of The Environment For Succeeding Generations. 109 B. The Nepa Process. 111 C. Council On Environmental Quality. 113 Iii. The Federal Communications Commission's Policy On Categorical Exclusions And Environmental... 2023  
Sarah Dávila A. HOW MANY MORE BRAZILIAN ENVIRONMENTAL DEFENDERS HAVE TO PERISH BEFORE WE ACT? PRESIDENT LULA'S CHALLENGE TO PROTECT ENVIRONMENTAL QUILOMBOLA DEFENDERS 47 William and Mary Environmental Law and Policy Review 657 (Spring, 2023) The Global South has been historically marginalized and continues to suffer from systemic oppression, impeding the realization of their human rights. Afro-descendants and other minority populations in the Global South live in disproportionately environmentally unsafe conditions and are disproportionately more vulnerable to climate change and... 2023  
Anna A. Mance HOW PRIVATE ENFORCEMENT EXACERBATES CLIMATE CHANGE 44 Cardozo Law Review 1493 (April, 2023) Private enforcement--the practice of allowing private actors to directly enforce statutes or regulations--has been a fixture of environmental law for the last fifty years. In the absence of comprehensive climate legislation, climate change has been brought under the fold of the environmental regime and its emphasis on private enforcement. Yet... 2023  
Jaime S. King, Joanna Manning, Alistair Woodward IN THIS TOGETHER: INTERNATIONAL COLLABORATIONS FOR ENVIRONMENTAL AND HUMAN HEALTH 51 Journal of Law, Medicine & Ethics 271 (Summer, 2023) Keywords: Climate Change, Environmental and Human Health, Economic Case for Climate action, International Collaborations Abstract: Climate change exacts a devastating toll on health that is rarely incorporated into the economic calculus of climate action. By aligning health and environmental policy and collaborating across borders, governments and... 2023  
Joseph Cauich-Tamay INDIGENOUS GROUPS WHO HAVE BEEN ENVIRONMENTALLY DISPLACED SHOULD BE CONSIDERED ENVIRONMENTAL ASYLEES UNDER A PARTICULAR SOCIAL GROUP 24 Rutgers Race & the Law Review 257 (2023) C1-2Table of Contents I. INTRODUCTION. 257 II. CURRENT IMMIGRATION LAWS DO NOT ADEQUATELY PROTECT INDIGENOUS PEOPLE WHO HAVE BEEN ENVIRONMENTALLY DISPLACED. 264 III. LEGAL DEFINITION OF REFUGEE AND DISTINCTIONS BETWEEN ASYLEE AND REFUGEE. 267 A. Applicable Law: 8 U.S. Code § 1158. 268 B. Burden of Proof: 8 U.S. Code § 1158 (b)(1)(B)(i-iii). 269 C.... 2023  
Olabisi D. Akinkugbe , Adebayo Majekolagbe INTERNATIONAL INVESTMENT LAW AND CLIMATE JUSTICE: THE SEARCH FOR A JUST GREEN INVESTMENT ORDER 46 Fordham International Law Journal 169 (January, 2023) Efforts are underway to craft responses to the climate crisis within the international investment order. This Article highlights international investment law (IIL) and international climate law (ICL) as two basic governance contexts within which investment-related responses to climate change are being designed. There is, however, a... 2023  
Maria Antonia Tigre INTERNATIONAL RECOGNITION OF THE RIGHT TO A HEALTHY ENVIRONMENT: WHAT IS THE ADDED VALUE FOR LATIN AMERICA AND THE CARIBBEAN? 117 AJIL Unbound 184 (2023) Although there is still no United Nations treaty on the right to a healthy environment, the recognition of the right by the UN General Assembly and the UN Human Rights Council have helped solidify its status as customary international law. The overwhelming recognition of the right at the national and regional levels, and now at the United Nations,... 2023  
Abigail M. Hunt, Robin M. Rotman INTERSECTIONAL MANAGEMENT: AN ANALYSIS OF COOPERATION AND COMPETITION ON AMERICAN PUBLIC LANDS 42 Stanford Environmental Law Journal 121 (May, 2023) I. Introduction. 122 II. Overview of National Monuments and Other Federal Public Lands. 124 A. Federal Public Lands. 124 1. Federal land acquisition and disposition. 124 2. Management and use of federal public lands. 127 B. National Monuments and the Antiquities Act. 132 1. Legislative history. 133 2. Establishing national monuments. 135 3.... 2023  
Sheila Simon JOHNSON v. M'INTOSH: 200 YEARS OF RACISM THAT RUNS WITH THE LAND 47 Southern Illinois University Law Journal 311 (Winter, 2023) The United States Supreme Court case of Johnson v. M'Intosh is a foundation of property law in the United States. It established the United States government as the only possible buyer of land from people native to the continent. As the only possible buyer, the United States government had the power to negotiate a low purchase price. The bargain... 2023  
Craig Anthony (Tony) Arnold , Frank Bencomo-Suarez , Pierce Stevenson , Elijah Beau Eisert , Henna Khan , Rachel Utz , Rebecca Wells-Gonzalez JUSTICE, RESILIENCE, AND DISRUPTIVE HISTORIES: A SOUTH FLORIDA CASE STUDY 34 Colorado Environmental Law Journal 213 (Spring, 2023) C1-2Table of Contents I. Introduction. 214 II. Social-Ecological Resilience and the Role of Justice. 217 III. Resilience Justice and Disruptive Histories. 226 IV. The Florida Everglades and Tribal Water Justice. 229 A. The Tribes. 229 B. The Everglades. 234 C. Tribal Water-Justice Struggles. 238 V. Miami and Climate Justice. 249 VI. Conclusion. 262 2023  
Chris Todd LAND LAW IN THE NORTHERN MARIANA ISLANDS 115 Law Library Journal 331 (2023) The Northern Mariana Islands have a 500-year history of colonial occupation and foreign regulation of land rights. These laws were largely introduced as a means of social control over the indigenous Chamorro and Carolinian populations. This piece collates and analyzes recorded land law issued throughout the archipelago from 1521 to present.... 2023  
Clemence Rusenga , Emmanuel Ndhlovu , School for Policy Studies, University of Bristol, Bristol, UK, Vaal University of Technology, Vanderbijlpark, South Africa LAND REFORM AND FINANCIAL INCLUSION CHALLENGES IN SOUTH AFRICA 106 IUS Gentium 141 (2023) Abstract This chapter addresses the experiences of land reform beneficiaries in South Africa, in relation to financial in/exclusion. It highlights that the government largely subject land reform beneficiaries to agricultural production within a costly agribusiness model without adequate access to financial and material resources. The chapter notes... 2023  
Jessica A. Shoemaker LAND REFORM IN THE FIFTH WORLD 52 Southwestern Law Review 239 (2023) Our current property systems are strained by rapid climate change and growing inequality. If change is needed, how does it actually happen? Land reform is difficult to imagine, much less implement, within a physical landscape already so engineered and embedded with deep layers of tradition, experience, and law. In this short Essay, I argue that... 2023  
Maia Foster LEGAL STRATEGIES TO MINIMIZE SUBWAY AIR POLLUTION IN THE UNITED STATES 72 Duke Law Journal 1345 (March, 2023) Air pollution in U.S. subway systems poses a major threat to public health. People in subway stations breathe in dangerously high levels of dusts, called particulate matter. Current legislation does not effectively address this problem; in fact, the United States does not have a comprehensive indoor air quality law at all. Left unregulated, people... 2023  
Zachary Pavlik LEVERAGING FOREIGN INVESTMENTS TO SUPPORT CLIMATE CHANGE ADAPTATION IN THE GLOBAL SOUTH: CERTIFYING CLIMATE-NEXUS INVESTMENTS AND CONDITIONING PROTECTIONS 53 Environmental Law 203 (Spring, 2023) Climate change poses increasingly grave risks to Global South states lacking the extensive capital and robust economies necessary to effectively adapt. The international investment regime may offer a path forward for resource-exporting Global South states willing to redraft international investment agreements to leverage resource demand and secure... 2023  
Hari M. Osofsky LITIGATING CLIMATE CHANGE INFRASTRUCTURE IMPACTS 118 Energy Law Journal 149 (8/31/2023) Abstract--This Essay is the first to examine ways in which the different pathways of climate change litigation--statutory interpretation, human and constitutional rights, and common law--interact with infrastructure impacts. Its analysis draws on a model of these pathways that Professor Jacqueline Peel and I developed in our book Climate Change... 2023  
Randall S. Abate , Nadine Nadow , Hayley-Bo Dorrian-Bak LITIGATION TO PROTECT THE MARINE ENVIRONMENT: PARALLELS AND SYNERGIES WITH CLIMATE LITIGATION 47 William and Mary Environmental Law and Policy Review 595 (Spring, 2023) Introduction. 595 I. Endangered Species and Marine Mammal Protection. 598 A. Litigation to Protect Marine Mammals. 599 B. The Intersection of Climate Change and Marine Species Protection. 602 II. Fisheries Management. 605 III. Marine Plastics. 610 A. Impact of Plastics on Marine Mammals. 613 B. Litigation and Regulatory Initiatives on Plastics. 614... 2023  
Danielle Spiegel-Feld, Katrina M. Wyman LOCAL ACTION, GLOBAL PROBLEM: WHY AND HOW NEW YORK CITY IS TACKLING CLIMATE CHANGE 50 Fordham Urban Law Journal 1187 (September, 2023) Scholars often characterize local action to mitigate climate change as a puzzle. No locality's greenhouse gas emissions (GHGs) are sufficiently large to materially affect climate change; cities that reduce their emissions will therefore bear the costs of doing so, while deriving few climate benefits. This Article analyzes why New York City has... 2023  
Dries Lyna, Luc Bulten , Radboud University Nijmegen, the Netherlands, E-mail: dries.lyna@ru.nl; luc.bulten@ru.nl MATERIAL PLURALISM AND SYMBOLIC VIOLENCE: PALM LEAF DEEDS AND PAPER LAND GRANTS IN COLONIAL SRI LANKA, 1680-1795 41 Law and History Review 453 (August, 2023) A little less than two decades ago, historians like Christopher Bayly and David Washbrook worked on the idea of a colonial transition that supposedly took place in South Asia in the late eighteenth and early nineteenth centuries. Shifting markets (both in the Global South and in Europe), an increasing European colonial/imperial presence in the... 2023  
Moira O'Neill, Eric Biber, Nicholas J. Marantz MEASURING LOCAL POLICY TO ADVANCE FAIR HOUSING AND CLIMATE GOALS THROUGH A COMPREHENSIVE ASSESSMENT OF LAND USE ENTITLEMENTS 50 Pepperdine Law Review 505 (March, 2023) California's legislature has passed several laws that intervene in local land-use regulation in order to increase desperately needed housing production-- particularly affordable housing production. Some of these new laws expand local reporting requirements concerning zoning and planning laws, and the application of those laws apply to proposed... 2023  
Kate Bosh NAVIGATING COMPETING INTERESTS ON THE COLORADO RIVER: THE PUBLIC TRUST DOCTRINE, PRIOR APPROPRIATIONS, AND CLIMATE CHANGE 26 University of Denver Water Law Review 79 (Fall, 2023) I. Introduction. 79 II. Climate Change and Implications on Water in the West. 80 III. The Public Trust Doctrine. 82 IV. The Public Trust Doctrine and the Environmental Movement. 84 V. Failures of the Public Trust Doctrine in the Legal Sphere. 86 VI. Prior Appropriation in the Colorado River Basin. 88 VII. Basin State Approaches to Prior... 2023  
Sabrina Lanni , University of Milan, Milan, Italy, e-mail: sabrina.lanni@unimi.it NEW CIVIL CODES AND THE ENVIRONMENT: THE CONTRIBUTIONS OF CHINA AND ARGENTINA 104 IUS Gentium 385 (2023) Abstract Critically reflecting on the current approach to uncontrolled economic development, which could lead not only to ecologic imbalance but also to an imminent crisis of civilization, this essay aims to demonstrate that markets are not necessarily enemies of the environment: they could, in fact, provide valuable support in protecting... 2023  
Laura Waldman NO SETTLED LAW ON SETTLED LAND: LEGAL STRUGGLES FOR NATIVE AMERICAN LAND AND SOVEREIGNTY RIGHTS 26 CUNY Law Review 220 (Summer, 2023) I. INTRODUCTION. 221 II. THE ROOTS OF DISPOSSESSION. 223 A. Resource Greed Drives Settlers' Theft of Native American Land. 223 B. An Ineffective Treaty Codifies Partial Sovereignty. 226 C. Allotment Further Weakens Native American Control of Land. 229 III. ROLE OF THE JUDICIARY. 232 A. Cherokee Nation Has No Standing in Cherokee Nation v. Georgia.... 2023  
Kelsey McKechnie NO-MAN'S-LAND: TEXAS, MEXICO, AND INTERNATIONAL DEAL-MAKING 11 Texas A&M Law Review 223 (Fall, 2023) In 2012, the United States and Mexico negotiated an agreement to determine how to address the transboundary hydrocarbon reservoirs in the Gulf of Mexico. This agreement generally comported with international law's commitment to safe, efficient, and effective exploitation. Notably, however, the agreement did not cover any possible transboundary... 2023  
Yuree Nam ONE-WAY TICKET TO MARS: THE PRIVATIZATION OF THE SPACE INDUSTRY AND ITS ENVIRONMENTAL IMPACT ON EARTH AND BEYOND 19 Northwestern Journal of Law & Social Policy 150 (Fall, 2023) In the 21 century, the space industry has changed from a government-focused practice to a rapidly growing private sector. Billionaires like Elon Musk and Jeff Bezos operate private companies for the advance of space travel and exploration. Other companies like Lunar Outpost, ispace, and Masten Space Systems were selected by NASA to collect lunar... 2023  
Michael C. Blumm OUR COMMON GROUND: AN APPRECIATIVE ESSAY ON JOHN LESHY'S PUBLIC LAND LAW HISTORY 31 New York University Environmental Law Journal 187 (2023) John Leshy, one of the foremost scholars and practitioners of public land law, has written a magnum opus on the subject and its long history. Public land law's origins date back before the founding of the United States, as Leshy's history makes clear. The book carefully traces this long history through two-and-a-half centuries and some six hundred... 2023  
Hilda Loury PACHAMAMA OVER PEOPLE AND PROFIT: A CASE FOR INDIGENOUS ECOLOGY AND ENVIRONMENTAL PERSONHOOD 47 American Indian Law Review 229 (2022-2023) C1-2Table of Contents Introduction. 229 I. The Environmental Crisis. 231 A. The Anthropocene. 231 B. Global Environmental Changes. 233 II. A Comparative Analysis of Indigenous and Western Ecology. 236 A. Prefaces. 236 B. Self, Other, and Nature. 237 C. Use and Consumption. 241 D. Cultural Priorities. 243 III. Law and Personhood. 246 A. U.S.... 2023  
Robert W. Adler , Carina E. Wells PLASTICS AND THE LIMITS OF U.S. ENVIRONMENTAL LAW 47 Harvard Environmental Law Review 1 (2023) Plastics are among the most ubiquitous materials on the planet, used for functions ranging from single-use cups to medical syringes to industrial equipment. The properties that make plastics useful, however, also make them highly persistent in the environment when improperly disposed of. Moreover, although plastic polymers are inert, they break... 2023  
Margaretha Wewerinke-Singh PREVENTING CLIMATE HARM: THE ROLE OF RIGHTS-BASED LITIGATION 40 Wisconsin International Law Journal 245 (Spring, 2023) Climate change is a global problem that has the potential to cause catastrophic harm, and courts have started to play an important role in attempts to turn the tides. In the global wave of climate litigation, we see increasing reliance on human rights in plaintiffs' submissions and judicial rulings. This article focuses on specific asks put forward... 2023  
Erin Ryan PRIVATIZATION, PUBLIC COMMONS, AND THE TAKINGSIFICATION OF ENVIRONMENTAL LAW 171 University of Pennsylvania Law Review 617 (March, 2023) This project takes on the critical but undertheorized question of how to balance private and public interests in critical natural resource commons, including air, water, public lands, energy, and biodiversity resources, all of which are prone to forms of diminution by private exploitation. It identifies a set of legal biases, which we might call... 2023  
Sofie Elise Quist, Annika Krafcik 'PROMISING MORE THAN IT DELIVERS'?: A CRITICAL READING OF THE HRC'S DANIEL BILLY ET AL v. AUSTRALIA (2022) DECISION LINKING CLIMATE CHANGE AND HUMAN RIGHTS 41 UCLA Journal of Environmental Law & Policy 411 (2023) The United Nations Human Rights Committee's 2022 Decision, Daniel Billy et al. v. Australia (Daniel Billy or the Decision), brought by Indigenous Peoples residing on the Torres Strait Islands off the coast of Australia, is the first case before an international human rights body to find that a State's failure to adopt timely climate adaptation... 2023  
Heather Tanana PROTECTING TRIBAL PUBLIC HEALTH FROM CLIMATE CHANGE 15 Northeastern University Law Review 89 (March, 2023) C1-2Table of Contents Introduction 95 I. Climate Change in Indian Country 103 2A. Climate-Related Changes to Water 105 2B. Health Impacts of Climate Change 115 2C. Cultural Impacts of Climate Change 122 II. The Convergence of Federal Treaty and Trust Responsibilities, Tribal Health, and Climate Change 128 2A. Federal Responsibility to Provide... 2023  
Sam Kalen PUBLIC LAND MANAGEMENT'S FUTURE PLACE: ENVISIONING A PARADIGM SHIFT 82 Maryland Law Review 240 (2023) The recent sesquicentennial of Yellowstone National Park, the nation's first and prototypical national park, marked an opportune moment for examining the management of the nation's public lands. Public lands are confronting a myriad of challenges, whether from climate change and the efficacy of using the nation's lands for fossil fuel development... 2023  
Phyllis C. Taite REMEDIATING INJUSTICES FOR BLACK LAND LOSS: TAKING THE NEXT STEP TO PROTECT HEIRS' PROPERTY 10 Belmont Law Review 301 (Spring, 2023) Introduction. 301 I. Inequalities in Land Ownership. 303 A. Black Land Loss. 303 B. Eminent Domain, Neighborhood Blight, and Gentrification. 304 C. Restrictive Covenants, Redlining, and Blockbusting. 308 II. Heirs' Property and Black Land Loss. 310 A. The Problematic Nature of Heirs' Property. 310 B. The Reach of The Uniform Partition of Heirs'... 2023  
Anne Haluska RESTORATIVE JUSTICE AND THE RIGHTS OF NATURE: USING INDIGENOUS LEGAL TRADITIONS TO INFLUENCE CULTURAL CHANGE AND PROMOTE ENVIRONMENTAL PROTECTION 49 Mitchell Hamline Law Review 92 (February, 2023) I. Introduction. 93 II. Rights of Nature Background. 94 III. Western Ideologies Influenced a Legal Framework That is Ineffective at Achieving Environmental Protection Goals. 96 A. Western Ideologies View Nature as a Commodity Subject to Human Control and Consumption. 96 B. Environmental Protection Laws in the United States Reflect the Western View... 2023  
Brett G. Roberts RETURNING THE LAND: NATIVE AMERICANS AND NATIONAL PARKS 21 Ave Maria Law Review 148 (Spring, 2023) The best things we experience, the best things we know are immaterial things. They're ideas or emotions . if you look at the earth, there are certain places that seem to have power, and we don't know what kind of power it is except you have a different feeling, you feel energized .. How do you approach that, take something that's larger in yourself... 2023  
Carlota Gonzalez Gallego REVIEW OF THE LEGAL FRAMEWORK FOR REFUGEES AND PROPOSALS FOR THE EFFECTIVE PROTECTION OF HUMAN RIGHTS IN THE CONTEXT OF THE CLIMATE EMERGENCY 29 ILSA Journal of International and Comparative Law 411 (Summer, 2023) I. Introduction. 412 II. The Impact of Climate Change on Refugee Law: Differences Between the European Union and International Law. 414 A. Climate change: the main cause of environmental migration. 414 B. New York Declaration for Refugees and Migrants. 420 C. The European Union and the refugees. 423 D. Mexico's Refugee System. 425 III. Comparative... 2023  
Bailey McNamara REVISITING "REFUGEE" IN A CHANGING CLIMATE: HOW MIGRANTS IMPACTED BY CLIMATE CHANGE AND THE TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTE FIT INTO EXISTING REFUGEE POLICY 54 Seton Hall Law Review 571 (2023) More than 10 percent of the world's population may lack secure, legal residence by the year 2050. Projections of mass migration accompany increasingly dire predictions of climate change impacts. Rising global temperatures, elevating ocean levels, and intensifying droughts are projected to displace more than one billion people in the next thirty... 2023  
Cale Jaffe SACKETT AND THE UNRAVELING OF FEDERAL ENVIRONMENTAL LAW 53 Environmental Law Reporter (ELI) 10801 (October, 2023) On May 25, the U.S. Supreme Court dropped an absolute bombshell with its ruling in Sackett v. Environmental Protection Agency. It is a monumental Clean Water Act (CWA) case, but also much more than that. To be sure, the bold headline on Sackett is that the Court eliminated a major swath of CWA protections. But the subheading should focus on the... 2023  
William J. Snape III, Elena Gartner SDG 15: LIFE ON LAND 53 Environmental Law Reporter (ELI) 10143 (February, 2023) In 2015, the United Nations Member States, including the United States, unanimously approved 17 Sustainable Development Goals (SDGs) to be achieved by 2030. In a forthcoming book, leading legal scholars examine each of the SDGs and recommend a suite of government, private-sector, and civil society actions to help the United States achieve these... 2023  
Sandra B. Zellmer SEEKING SOLACE IN OPEN SPACES: OUR COMMON GROUND: A HISTORY OF AMERICA'S PUBLIC LANDS BY JOHN D. LESHY (YALE UNIVERSITY PRESS, 736 PAGES; 2022) 63 Natural Resources Journal 124 (Winter, 2023) Space has a spiritual equivalent and can heal what is divided and burdensome in us. In the winter of 2016, the nation's attention was gripped by a 41-day standoff between armed militants and law enforcement officers at the Malheur National Wildlife Refuge in rural southeastern Oregon. The seeds of the Malheur occupation were sown when members of... 2023  
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