| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| 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 |
|
| Joe Udell |
SHIFTING BORDERS, SUBMERGED STATES, AND NOVEL HUMAN RIGHTS CLAIMS: HOW CLIMATE CHANGE IMPACTS COULD HELP REMEDIAL SECESSION CRYSTALLIZE INTO CUSTOMARY INTERNATIONAL LAW AND BRING OPPRESSED PEOPLES CLOSER TO INDEPENDENCE |
25 Vermont Journal of Environmental Law 28 (Fall, 2023) |
INTRODUCTION. 29 I. REMEDIAL SECESSION UNDER CUSTOMARY INTERNATIONAL LAW. 30 A. Friendly Relations Declaration. 30 B. Judicial Decisions. 32 1. League of Nations. 32 2. Supreme Court of Canada. 33 3. African Commission on Human and Peoples' Rights. 34 4. International Court of Justice. 35 C. State Practice. 36 1. Bangladesh. 37 2. Croatia. 38 3.... |
2023 |
|
| Brent D. Chicken, Amanda J. Dick |
SOVEREIGN LANDS |
9 One J: Oil and Gas, Natural Resources, and Energy Journal 351 (December, 2023) |
C1-2Table of Contents I. Introduction. 351 II. Federal Regulatory Developments. 352 A. Amendments to and Issuance of Agency Rules. 352 B. Executive Action. 354 III. Judicial Developments. 355 A. Moratorium on Federal Leases. 355 B. Royalty Calculations on Tribal Lands. 356 C. Extension of Tribal Immunity. 358 D. Operator Trespass on Tribal Land.... |
2023 |
|
| Megan Wagner |
STANDING ROCK SIOUX TRIBE: WHY WINNING VACATUR UNDER NEPA MAY NOT BE ENOUGH TO LIMIT DAMAGE TO THE ENVIRONMENT |
44 Energy Law Journal 139 (2023) |
I. Introduction. 139 II. Background. 141 A. History of Lake Oahe and the Standing Rock Sioux Tribe. 141 B. A General History of U.S. Pipelines and DAPL. 142 C. Permitting Procedures and Permissions. 143 1. National Historic Preservation Act, Section 106. 143 2. National Environmental Policy Act. 144 D. Relevant Treaties and Acts. 145 III. Analysis.... |
2023 |
|
| Gabriel Pacyniak |
STATE SEQUESTRATION: FEDERAL POLICY ACCELERATES CARBON STORAGE, BUT LEAVES FULL CLIMATE, EQUITY PROTECTIONS TO STATES |
14 San Diego Journal of Climate & Energy Law 95 (2022-2023) |
C1-2Table of Contents Abstract. 97 I. Introduction. 97 II. Background: Carbon Capture and Sequestration. 103 III. The Potential for Climate Mitigation of Various CCS Applications. 110 A. No Climate Benefit: EOR with Naturally-Occurring CO2. 112 B. Some Climate Benefits: CCS Applications that Partially Reduce Emissions as Compared to... |
2023 |
|
| Abigail M. Hunt, Robin M. Rotman |
STEWARDING AMERICA'S FEDERAL PUBLIC LANDS |
39 Practical Real Estate Lawyer 3 (11/1/2023) |
The authors would like to acknowledge Sydney Bennett, JD, a graduate at the University of Missouri School of Law (2023), for her valuable research assistance. This land is your land, this land is my land. This land was made for you and me. --Woody Guthrie The iconic Woody Guthrie Song This Land Is Your Land is a song celebrating the great... |
2023 |
|
| Carl Stenberg , Alexander Lawson |
TECHNOLOGY AGNOSTICISM AND CARBON CAPTURE: A PRACTICAL EFFORT AGAINST CLIMATE CHANGE IN AN ERA OF POLARIZED POLICYMAKING |
53 Texas Environmental Law Journal 44 (Winter/Spring, 2023) |
I. Climate Change and the Challenges Ahead. 45 II. The Energy Transition and the Role of NETs. 51 A. Hydrocarbon Dependency and the Need for NETs. 51 B. Carbon Capture: Overview. 54 C. Sequestration: Overview. 58 D. CCS, Enhanced Oil Recovery, and the Re-Use of CO2. 61 III. Economic Drivers and Political Landscape: Congress and CCS. 64 A. Current... |
2023 |
|
| Greg Dotson, Dustin J. Maghamfar |
THE CLEAN AIR ACT AMENDMENTS OF 2022: CLEAN AIR, CLIMATE CHANGE, AND THE INFLATION REDUCTION ACT |
53 Environmental Law Reporter (ELI) 10017 (January, 2023) |
The Inflation Reduction Act (IRA) of 2022 added seven new sections to the Clean Air Act (CAA) and provided the U.S. Environmental Protection Agency (EPA) with substantial new authorities and resources. This Article examines these new amendments and the EPA-related provisions of the IRA, and explains the major implications of this historic... |
2023 |
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| Dania V. Francis , Grieve Chelwa , Darrick Hamilton , Thomas W. Mitchell , Nathan A. Rosenberg , Bryce Wilson Stucki |
THE CONTEMPORARY RELEVANCE OF HISTORIC BLACK LAND LOSS |
48 Human Rights 4 (2023) |
Luke McElroy, a Black farmer who owned 155 acres of land in Cherokee County, Alabama, was shot to death in 1949 by a neighboring white farmer over a property dispute. In Amite County, Mississippi, Reverend Isaac Simmons, also a Black farmer, was lynched by six white men in 1944 when he refused to give up his farmland to the men, who thought it... |
2023 |
|
| Nicholas A. Robinson |
THE DAWN OF ENVIRONMENTAL HUMAN RIGHTS IN NEW YORK |
95-AUG New York State Bar Journal 41 (July/August, 2023) |
On Election Day in 2021, New York's voters added Section 19 to the state's constitutional Bill of Rights. They reaffirmed a human birthright to clean air, clean water and a healthful environment. New York's constitutional Bill of Rights now guarantees the liberty that each person shall have a right to clean air and water, and a healthful... |
2023 |
|
| Samantha Rudelich |
THE DETROIT LAND BANK AUTHORITY: A MODERN TOOL PERPETUATING RACISM & CLASSISM IN THE CITY |
30 Georgetown Journal on Poverty Law and Policy 619 (Spring, 2023) |
Detroit has a long history of pushing out local residents and limiting their land ownership; a history rooted in racism and classism. This has led to large amounts of land in the city not under the control of residents and long-time Detroiters, but under the control of the city itself. Cities with large amounts of vacant and foreclosed land across... |
2023 |
|
| Sarah Dávila A. |
THE ESCAZÚ AGREEMENT: THE LAST PIECE OF THE TRIPARTITE NORMATIVE FRAMEWORK IN THE RIGHT TO A HEALTHY ENVIRONMENT |
42 Stanford Environmental Law Journal 63 (February, 2023) |
I. Introduction. 64 II. The Escazú Agreement and the Inter-American System for the Protection of Human Rights. 69 A. Advisory Opinion on the Environment and Human Rights OC-23/17. 74 B. Comunidades Indígenas Miembros de la Asociación Lhaka Honhat (Nuestra Tierra) v. Argentina. 76 C. What is the Escazú Agreement?. 78 D. The Right to a Healthy... |
2023 |
|
| Sanne H. Knudsen |
THE EXOSKELETON OF ENVIRONMENTAL LAW: WHY THE BREADTH, DEPTH, AND LONGEVITY OF ENVIRONMENTAL LAW MATTERS FOR JUDICIAL REVIEW |
2023 Utah Law Review 1 (2023) |
Environmental law is pragmatic, inevitable, and intentional. In the aggregate, the numerous federal environmental statutes are not simply a patchwork of ad hoc responses or momentary political breakthroughs to isolated public health problems and resource concerns. Together, they are a group of repeated, legislatively-backed commitments to embrace... |
2023 |
|
| Kate Gehling |
THE FAIR HOUSING ACT AFTER INCLUSIVE COMMUNITIES: WHY ONE-TIME LAND-USE DECISIONS CAN STILL ESTABLISH A DISPARATE IMPACT |
90 University of Chicago Law Review 1471 (September, 2023) |
The Fair Housing Act (FHA) is a civil rights statute that prohibits housing discrimination against several protected classes. One theory of liability under the FHA is disparate impact, in which a plaintiff alleges that the defendant's policy or practice, although facially neutral, nevertheless has discriminatory effects because it... |
2023 |
|
| Amy Brimah |
THE FUTURE OF EXCLUSIONARY ZONING AND LAND USE IN COLORADO |
52-DEC Colorado Lawyer 34 (December, 2023) |
This article discusses the origins of zoning laws and the effects of zoning on various societal issues. Editors' Note: This article contains author opinion. Any statements of opinion are the author's own and do not necessarily reflect the views of Colorado Lawyer editors or the Colorado Bar Association. Initially introduced in the early 20th... |
2023 |
|
| Hannah Wilson |
THE GENDERED FACE OF CLIMATE CHANGE: EXPLORING THE IMPACT OF CLIMATE CHANGE ON GENDER-BASED VIOLENCE AND THE ROLE OF STATE AND NON-STATE ACTORS IN EFFECTING CLIMATE JUSTICE |
38 American University International Law Review 381 (2023) |
I. INTRODUCTION. 382 II. THE NEXUS BETWEEN CLIMATE CHANGE AND GENDER-BASED VIOLENCE. 385 III. CLIMATE CHANGE, HUMAN RIGHTS, AND STATE RESPONSIBILITY. 392 A. State Obligations in Relation to Climate Change. 400 B. United Nations Framework Convention on Climate Change. 402 C. Framework Principles. 403 D. Procedural Obligations. 404 E. Substantive... |
2023 |
|
| J.B. Ruhl , James Salzman |
THE GREENS' DILEMMA: BUILDING TOMORROW'S CLIMATE INFRASTRUCTURE TODAY |
73 Emory Law Journal 1 (2023) |
We need to make it easier to build electricity transmission lines. This plea came recently not from an electric utility executive but from Senator Sheldon Whitehouse, one of the Senate's champions of progressive climate change policy. His concern is that the massive scale of new climate infrastructure urgently needed to meet our nation's... |
2023 |
|
| Berta Esperanza Hernández-Truyol |
THE HUMAN ENVIRONMENT: AWAKENING TO THE INDOMITABLE CUBAN SPIRIT-- GOVERNMENT, CULTURE, AND PEOPLE |
17 FIU Law Review 563 (Spring, 2023) |
I. Introduction. 563 II. Government. 566 III. Culture. 580 A. Race. 583 B. Sex/Gender. 589 C. LGBTQ. 591 IV. The Cuban People/La Gente Cubana. 594 V. Conclusion. 606 |
2023 |
|
| Jordan K. Medaris |
THE IMPACT OF CLIMATE CHANGE ON THE CULTURAL IDENTITY OF INDIGENOUS PEOPLES AND THE NATION'S FIRST "CLIMATE REFUGEES" |
47 American Indian Law Review 1 (2022-2023) |
I am convinced that climate change, and what we do about it, will define us, our era, and ultimately the global legacy we leave for future generations. Today, the time for doubt has passed. - U.N. Secretary-General Ban Ki-moon The people of the world cannot continue to ignore Aboriginal Indigenous Peoples, the Natural System of Life, the Natural... |
2023 |
|
| Zoe Vogel |
THE IMPORTANCE OF ENSURING AN ACCESSIBLE FEDERAL ACKNOWLEDGMENT PROCESS FOR INDIGENOUS TRIBES IN THE FACE OF THE CLIMATE CRISIS |
36 Tulane Environmental Law Journal 275 (Summer, 2023) |
I. Introduction. 275 II. Federal Acknowledgment Process: Procedures for Establishing that an American Indian Group Exists as an Indian Tribe. 278 A. History of Federal Recognition. 278 B. Current Process. 282 III. The Importance of an Accessible Federal Acknowledgment Process for Indigenous Tribes. 284 A. Right to Culture. 285 B. Access to Federal... |
2023 |
|
| Shelby D. Green |
THE INTENTIONAL COMMUNITY: TOWARD INCLUSION AND CLIMATE-COGNIZANCE |
62 Washburn Law Journal 243 (Winter, 2023) |
The wells in East Porterville, California (and in Metheny Tract), ran dry. The streets and homes of Ellicott City, Maryland (and in New Orleans), collected trillions of gallons of rain. Houston, normally almost subtropical, suffered an arctic polar vortex. Anchorage is seeing glaciers melt. The connection between these events is climate change.... |
2023 |
|
| Rosa Celorio |
THE KALEIDOSCOPE OF CLIMATE CHANGE AND HUMAN RIGHTS: THE PROMISE OF INTERNATIONAL LITIGATION FOR WOMEN, INDIGENOUS PEOPLES, AND CHILDREN |
13 Arizona Journal of Environmental Law & Policy 155 (Spring, 2023) |
Climate change has been identified as a global emergency, a major international development issue, and a priority concern by many international and national entities. Women, Indigenous peoples, and children are some of the individuals and groups most affected by the adverse impacts of climate change. The author contends in this article that... |
2023 |
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| Amy E. Turner |
THE LEGAL CASE FOR EQUITY IN LOCAL CLIMATE ACTION PLANNING |
50 Fordham Urban Law Journal 1245 (September, 2023) |
Over the last half decade, local climate action plans have regularly come to incorporate considerations of racial and socioeconomic equity, recognizing the ways in which low-income communities and communities of color experience earlier and worse consequences from global warming, and these communities are also at risk of being harmed by policies... |
2023 |
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| Dave Owen |
THE NEGOTIABLE IMPLEMENTATION OF ENVIRONMENTAL LAW |
75 Stanford Law Review 137 (January, 2023) |
Abstract. Conventional wisdom describes environmental law as a field filled with rigid mandates. Many critiques of the field start with that rigidity as a key premise, and they allege that inflexibility is a central failing or, alternatively, a squandered virtue. Influential reform proposals follow from both allegations. This Article demonstrates... |
2023 |
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| Helia Bidad |
THE POWER OF TRIBAL COURTS IN ONGOING ENVIRONMENTAL-TORT LITIGATION |
132 Yale Law Journal Forum 904 (2/17/2023) |
abstract. Cities, counties, and states across the country are bringing environmental and climate tort suits to hold environmental tortfeasors accountable. These cases are commonly brought in state and federal court, but the possibility of bringing these suits in tribal courts has largely been left out of the discussion. In the wake of attacks on... |
2023 |
|
| Sarah Fox |
THE PROSPECT AND PERILS OF CLIMATE PREEMPTION FOR PUBLIC HEALTH |
15 Northeastern University Law Review 1 (March, 2023) |
C1-2Table of Contents Introduction 7 I. The Potential for Local Action 10 A. Local Climate Action 14 B. Local Public Health Action 18 C. Local Public Health Actions in Response to Climate Change 20 II. State Preemption of Local Action 23 III. Localizing the Climate, Health, and Justice Conversation 28 A. Varied Climate and Health Impacts 29 B.... |
2023 |
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| Carmen G. Gonzalez |
THE RIGHT TO A HEALTHY ENVIRONMENT AND THE GLOBAL SOUTH |
117 AJIL Unbound 173 (2023) |
This essay explores the implications of the right to a healthy environment for the long-standing criticisms of international human rights law as a project and product of the Global North. It examines the Southern origins of the right to a healthy environment and its interpretations in regional human rights tribunals. The essay analyzes the... |
2023 |
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| Ginger Hervey |
THE RIGHT TO A HEALTHY ENVIRONMENT IN WEST AFRICA: HOW A PROGRESSIVE RULING SHOULD BE EXPANDED UPON AND BETTER IMPLEMENTED |
55 New York University Journal of International Law & Politics 447 (Winter, 2023) |
I. Introduction. 447 II. Ecological and Environmental Challenges in ECOWAS. 448 III. The Right to a Healthy Environment. 450 A. Expanding Recognition Globally. 450 B. Niger Delta Challenge at the African Commission. 452 IV. The ECOWAS Court and the Right to a Healthy Environment. 453 A. Landmark SERAP Case. 454 B. Setbacks Since SERAP. 456 V. Way... |
2023 |
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| Lily Cohen |
THE ROLE OF ENVIRONMENTAL LAW IN ADDRESSING THE VIOLENT EFFECTS OF RESOURCE EXTRACTION ON NATIVE WOMEN |
47 Harvard Environmental Law Review 275 (2023) |
Native women face increased levels of sexual assault, sex trafficking, and other gender-based violence when resource extraction projects are located near Native communities. Recently, organizations have begun raising claims concerning the safety of Native women and children when challenging projects like the Keystone XL pipeline. However, these... |
2023 |
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| Richard J. Lazarus |
THE SCALIA COURT: ENVIRONMENTAL LAW'S WRECKING CREW WITHIN THE SUPREME COURT |
47 Harvard Environmental Law Review 407 (2023) |
In West Virginia vs. EPA, a conservative majority within the Supreme Court announced a sweeping ruling, traceable to the opinions of former Justice Scalia, that seriously threatens environmental law's ability to safeguard public health and welfare. In sustaining former President Trump's repeal of the Clean Power Plan--an ambitious Obama... |
2023 |
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| Associate Justice Michael Wilson (Ret.) |
TIMELY JUDICIAL RECOGNITION AND PROTECTION OF CLIMATE RIGHTS |
62 No. 4 Judges' Journal 19 (Fall, 2023) |
A judge is meant to be an instrument of justice. Equally apparent is the principle that the rule of law is the force by which judges are meant to achieve justice. Yet, it is beyond cavil that historically injustice arising from privilege has proven to be an intractable impediment to the just application of the rule of law by judges. Men and women... |
2023 |
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