| Author | Title | Citation | Summary | Year |
| Skye M. Walker, 2021-2022 Symposium Editor |
THE CLEAN WATER ACT AT 50: REQUIEM OR RESURRECTION? |
52 Environmental Law I (Summer, 2022) |
Fifty years ago, Congress passed the Federal Water Pollution Control Act of 1948 (later known as the Clean Water Act) in response to a disturbing public health issue: egregious pollution of U.S. waterbodies. The Cuyahoga River fire of 1969, among other events, generated national concern over water quality and set in motion a new regulatory era.... |
2022 |
| Tom I. Romero, II |
THE COLOR OF LOCAL GOVERNMENT: OBSERVATIONS OF A BROWN BUFFALO ON RACIAL IMPACT STATEMENTS IN THE MOVEMENT FOR WATER JUSTICE |
25 CUNY Law Review 241 (Summer, 2022) |
This Article advocates for the adoption of racial impact statements (RIS) in local government decision making, particularly among water utilities. Situated in the larger history of water and climate injustice in Colorado and the arid American West, this Article examines ways that racially minoritized communities engage and contest legal and... |
2022 |
| |
THE CONSTITUTIONAL RIGHT TO SAVE THE ENVIRONMENT |
52 Environmental Law Reporter (ELI) 10007 (January, 2022) |
More than 50 years ago, Franklin Kury drafted and championed an Environmental Rights Amendment to the Pennsylvania Constitution. His book, The Constitutional Question to Save the Planet: The Right to a Healthy Environment (ELI Press 2021), expands upon the story of his amendment to demonstrate how its principles can be the basis for addressing... |
2022 |
| Khiara M. Bridges |
THE DYSGENIC STATE: ENVIRONMENTAL INJUSTICE AND DISABILITY-SELECTIVE ABORTION BANS |
110 California Law Review 297 (April, 2022) |
Disability-selective abortion bans are laws that prohibit individuals from terminating a pregnancy because the fetus has been diagnosed with a health impairment. Many environmental toxins--to which low-income people and people of color disproportionately are exposed--are known to cause impairments in fetuses. When the fact of environmental... |
2022 |
| Gabriel J. Chin *, Anna Ratner ** |
THE END OF CALIFORNIA'S ANTI-ASIAN ALIEN LAND LAW: A CASE STUDY IN REPARATIONS AND TRANSITIONAL JUSTICE |
29 Asian American Law Journal 17 (2022) |
For nearly a century, California law embodied a rabid anti-Asian policy, which included school segregation, discriminatory law enforcement, a prohibition on marriage with Whites, denial of voting rights, and imposition of many other hardships. The Alien Land Law was a California innovation, copied in over a dozen other states. The Alien Land Law,... |
2022 |
| Kylah Staley |
THE EXTRACTION INDUSTRY IN LATIN AMERICA AND THE PROTECTION OF INDIGENOUS LAND AND NATURAL RESOURCE RIGHTS: FROM CONSULTATION TOWARD FREE, PRIOR, AND INFORMED CONSENT |
73 Hastings Law Journal 1145 (May, 2022) |
Resource extraction and exploitation threaten the survival of Indigenous and tribal peoples, who are amongst the most marginalized communities in the world. This is both a human rights issue and an environmental issue. There are around 300 million people that make up Indigenous communities worldwide, the majority of whom live in forests.... |
2022 |
| Shira Cohen |
THE FAILINGS OF THE UNITED STATES JUSTICE SYSTEM: LOBATO v. TAYLOR AND MEXICAN COMMUNITY LAND GRANTS |
93 University of Colorado Law Review 841 (Summer, 2022) |
Introduction. 842 I. The Broken Promises of the Treaty of Guadalupe-Hidalgo. 845 A. Communal Land Ownership in Mexico. 846 B. The Treaty and Its Import to Community Land Grants. 847 C. Disregard of Community Land Grants and Treaty Violations. 849 1. Tameling and the Removal of Courts from the Land-Grant Confirmation Process. 849 2. Sandoval and... |
2022 |
| Lydia Heye |
THE FOSSIL FUEL PHASE-OUT'S MULTI-MILLION DOLLAR PROBLEM: AN ENVIRONMENTAL JUSTICE ANALYSIS OF IDLE OIL WELL MANAGEMENT IN CALIFORNIA |
40 UCLA Journal of Environmental Law & Policy 61 (2022) |
Throughout the state of California, oil operators will continue to abandon thousands of their oil wells within the coming years. With the growing threats of climate change, local, state and federal policymakers are looking away from fossil fuels and towards supporting renewable energy generation. In April 2021, California Governor Gavin Newson... |
2022 |
| Joshua Ozymy , Melissa Jarrell Ozymy |
THE GREEN POLICE IN THE GOLDEN STATE: AN ANALYSIS OF THE CRIMINAL ENFORCEMENT OF ENVIRONMENTAL LAW IN THE STATE OF CALIFORNIA |
28 Hastings Environmental Law Journal 3 (Winter, 2022) |
The use of criminal enforcement tools is necessary for deterring and punishing environmental offenses involving significant harm or culpable conduct. Yet we have very limited empirical knowledge of how the criminal enforcement of environmental laws has functioned historically in the Golden State. Through content analysis of prosecution summaries... |
2022 |
| Kirsten Williams |
THE IMPACT OF FORESIGHT: REFRAMING DISCRIMINATORY INTENT TO PROPERLY REMEDY ENVIRONMENTAL RACISM |
59 Houston Law Review 1231 (Spring, 2022) |
For too long, minority communities have been forced to accept the consequences of living near landfills, hazardous waste sites, industrial facilities, contaminated water sources, and other locally undesirable land uses at higher rates than nonminority communities. Many environmental justice advocates hope for expanded availability of the disparate... |
2022 |
| Scott W. Stern |
THE JUSTICE FROM MONSANTO: THE ENVIRONMENTAL LIFE AND LAW OF CLARENCE THOMAS |
46 Harvard Environmental Law Review 67 (2022) |
Ever since his controversial 1991 confirmation hearings, Justice Clarence Thomas has been the subject of ravenous popular and scholarly interest. Today, there is a veritable shelf of books and studies analyzing his biography, his ideology, and his jurisprudence. Yet one area has been missing from the existing literature: environmental law. Few... |
2022 |
| Stella Emery Santana |
THE LEGAL ASPECTS OF WATER AS A HUMAN RIGHT ACCORDING TO THE 2030 AGENDA: A COMPARATIVE ANALYSIS BETWEEN BRAZIL AND THE UNITED STATES OF AMERICA |
32 Indiana International & Comparative Law Review 287 (2022) |
This research article demonstrates the legal aspects of water as a human right by utilizing the United Nations (UN) 2030 Agenda on Sustainable Development as the primary comparative tool. Brazil and the United States of America (USA) are the objects of research for this legal analysis. Both countries were the subjects of analysis because of the... |
2022 |
| Victor Flatt |
THE MYTH OF STATE SURFACE WATER REGULATION--THE FIFTY YEAR FLAW OF THE FEDERAL WATER POLLUTION CONTROL ACT JURISDICTIONAL DEBATE |
52 Environmental Law 331 (Summer, 2022) |
In 1972, when the federal government took the lead in protecting our nation's waters from pollution and destruction, it intended to assert federal jurisdiction as broadly as possible. Nonetheless, for the last fifty years, the precise contours of federal jurisdiction (the extent of waters of the United States or WOTUS) have been in dispute,... |
2022 |
| Kurt Wohlers |
THE PARTICLE PROBLEM: USING RCRA CITIZEN SUITS TO FILL GAPS IN THE CLEAN AIR ACT |
121 Michigan Law Review 325 (November, 2022) |
While the Clean Air Act has done a substantial amount for the environment and the health of individuals in the United States, there is still much to be done. For all its complexity, the Act has perpetuated systemic inequities and allowed harms to fall more heavily on low-income communities and communities of color. This is no less true for... |
2022 |
| Michelle Bryan |
THE POWER OF RECIPROCITY: HOW THE CONFEDERATED SALISH & KOOTENAI WATER COMPACT ILLUMINATES A PATH TOWARD NATURAL RESOURCES RECONCILIATION |
25 University of Denver Water Law Review 227 (Spring, 2022) |
INTRODUCTION. 229 The Peoples and Their Place. 230 Why This Story Matters. 232 Roadmap for this Article. 235 I. HOW THE FEDERAL GOVERNMENT SET THE STAGE FOR TRIBAL-STATE COMPETITION OVER SCARCE WATER RESOURCES. 235 A. It Began in Montana: The Winters Doctrine and Tribal Water Rights. 235 B. The McCarran Amendment and its Impact on Tribal-State... |
2022 |
| George Moshenski-Dubov |
THE PROTECTION OF ENVIRONMENTAL LAW UNDER NAFTA AND CUSMA: A CANADIAN PERSPECTIVE |
46 Canada-United States Law Journal 239 (2022) |
C1-2Table of Contents I. INTRODUCTION. 240 II. NAFTA HISTORY. 240 A. North American Agreement on Environmental Cooperation. 241 1. Objectives. 241 2. Obligations. 241 3. Commission for Environmental Cooperation. 242 4. Cooperation and Provision of Information. 242 5. Consultation and Resolution of Disputes. 242 6. General Provisions and 7. Final... |
2022 |
| Arthur D. Middleton, Temple Stoellinger, Drew E. Bennett, Travis Brammer, Laura Gigliotti, Hilary Byerly Flint, Sam Maher, Bryan Leonard |
THE ROLE OF PRIVATE LANDS IN CONSERVING YELLOWSTONE'S WILDLIFE IN THE TWENTY-FIRST CENTURY |
22 Wyoming Law Review 237 (2022) |
I. Introduction. 238 II. Origins, Ownership, and Use of Private Land in the Gye. 244 III. Importance of Private Lands to Wide-Ranging Wildlife in the Gye. 251 A. The Grizzly Bear. 252 B. The Elk. 254 IV. Conceptual Basis for Wildlife Conservation on Private Lands. 260 A. Responsibilities of Landowners Toward Wildlife; and of the Public Toward... |
2022 |
| Heather J. Tanana, Elisabeth Paxton Parker |
THE UNFULFILLED PROMISE OF INDIAN WATER RIGHTS SETTLEMENTS |
37-FALL Natural Resources & Environment 12 (Fall, 2022) |
When the Ute Bands signed the treaty establishing the Ute Reservation in 1868, the United States promised the Ute people that the Reservation would be a permanent home that would support our people forever. The key to carrying out that promise is water--a fact that the Tribal leadership has always known but which the United States has sometimes... |
2022 |
| Mariana Muñoz |
THIS LAND IS MY LAND, THIS LAND IS YOUR LAND, BUT WHERE IS THE ENVIRONMENTAL JUSTICE? |
23 Vermont Journal of Environmental Law 296 (Spring, 2022) |
Introduction. 296 I. Background. 298 A. A History of Broken Promises. 298 B. The Environmental Justice Movement. 300 C. Native Americans and Tribal Interplay with the Environmental Justice Movement. 301 II. Legal Analysis. 303 A. The Landmark Decision: McGirt v. Oklahoma. 303 B. Indian Nation Post McGirt: Generally. 306 C. Indian Nation Post... |
2022 |
| Andrew Simmons |
TIJUANA RIVER VALLEY POLLUTION: HOW THE ENVIRONMENTAL PROTECTION AGENCY EXPECTS TO END A NINETY-YEAR ENVIRONMENTAL AND PUBLIC HEALTH CRISIS |
33 Villanova Environmental Law Journal 113 (2022) |
The Tijuana River Valley (TRV) is a transboundary watershed that covers approximately 1,750 square miles across Mexico and the United States. Although the TRV spans the border, most of its water flow originates in Mexico's Baja California mountain ranges and flows downhill north towards the United States. Mexico contains approximately seventy-five... |
2022 |
| Dino Delgado Gutiérrez |
TRADE AGREEMENTS AND ENVIRONMENT IN LATIN AMERICA |
52 Environmental Law Reporter (ELI) 10311 (April, 2022) |
Inspired by the work of the Secretariat for Submissions on Environmental Enforcement Matters of the United States-Peru Trade Promotion Agreement, this Article surveys other environmental submission mechanisms in Latin America, looking at similarities and differences. Beyond the criticisms made of these processes, they have value as independent... |
2022 |
| Alicia Muir |
TRUST ISSUES: USING STATES' PUBLIC TRUST DOCTRINES TO ADVANCE ENVIRONMENTAL JUSTICE CLAIMS |
46 William and Mary Environmental Law and Policy Review 707 (Spring, 2022) |
Instances of environmental injustice are more evident now than ever before. As people are calling for societal change and social equality, it is important to include environmental justice in the conversation. When evaluating institutional sources of racism, the United States must evaluate how industrial development, environmental policies, and... |
2022 |
| Jason Miranda |
U.S. DISTRICT COURT LETS PRO SE GAY TEACHER PURSUE HOSTILE WORK ENVIRONMENT CLAIM |
2022 LGBT Law Notes 14 (November, 2022) |
Teachers across the U.S. consistently face a large burden in today's education system--underfunded, underpaid, and tasked with obtaining standardized test results while maintaining ever-increasing limits on permitted curriculum. One particular schoolteacher, Jared Hester, has had to deal with what appears to be an onslaught of harassment from... |
2022 |
| Rebecca Glenn |
UNREALIZED FEDERAL INDIAN WATER RIGHTS ON THE COLORADO RIVER: AN OPPORTUNITY FOR EQUITY AND CONSERVATION |
25 University of Denver Water Law Review 287 (Spring, 2022) |
I. Introduction. 288 II. The Law of the River. 290 A. A Brief History. 290 B. The Drought. 292 III. Federal Indian Water Rights on the Colorado River. 294 A. A Brief History of Federal Indian Reserved Water Rights, Generally. 294 B. Federal Indian Water Rights Settlements and Adjudications on the Colorado River. 297 1. The Colorado Ute Indian Water... |
2022 |
| Travis Brammer |
USING LAND AND WATER CONSERVATION FUND MONEY TO PROTECT WESTERN MIGRATION CORRIDORS |
22 Wyoming Law Review 61 (2022) |
I. Introduction. 62 II. Background. 63 A. Importance of Migration Corridors. 64 B. Threats to Migration Corridors. 71 C. The Land and Water Conservation Fund. 74 III. Migration Corridor Conservation Funding. 77 A. Existing Efforts to Protect Migration Corridors. 78 B. Need for Additional Federal Funding. 83 IV. Using LWCF Money. 84 A. LWCF Funding... |
2022 |
| Katharine Bleau |
VALUING NATURE IN ENVIRONMENTAL LAW |
37-SUM Natural Resources & Environment 52 (Summer, 2022) |
Last year marked the start of the United Nations Environment Programme's (UNEP) Decade on Ecosystem Restoration. UNEP et al., Ecosystem Restoration Playbook: A Practical Guide to Healing the Planet, at 3 (2021). This call to recover nature stems largely from society's remaining tendency to value the short-term gains from environmental degradation... |
2022 |
| Michael C. Blumm , Michael Benjamin Smith |
WALKER LAKE AND THE PUBLIC TRUST IN NEVADA'S WATERS |
40 Virginia Environmental Law Journal 1 (2022) |
The public expects this unique natural resource to be preserved and for all of us to always be able to marvel at this massive glittering body of water lying majestically in the midst of a dry mountainous desert. --Justice Robert Rose Walker Lake, a terminal desert lake in western Nevada's Mineral County was once home to a thriving trout fishery... |
2022 |
| Abigail R. Brown |
WATER JUSTICE UNDER THE BIG SKY: LOCATING A HUMAN RIGHT TO WATER IN MONTANA LAW |
45 Public Land & Resources Law Review 41 (2022) |
I. Introduction. 42 II. Background: Water Scarcity in Montana's Communities. 44 III. Montana's Prior Appropriation Doctrine and Domestic Preference. 49 A. Prior Appropriation in Montana. 49 B. Domestic Preference: An Exception to the Rule of Priority. 52 C Montana's Legal Authority to Recognize a Domestic Preference: Reconsidering Mettler. 54 IV. A... |
2022 |
| Richard A. Monette |
WATER LAW IN NATIVE NATION TERRITORIES |
95-OCT Wisconsin Lawyer 10 (October, 2022) |
Maintaining access to sufficient clean water sometimes requires resort to the legal system. Determining rights to water on Indian land is a special exercise in choice of laws, jurisdiction, and balance of competing policies and cultures. Indian water rights law is complex, meandering through federal Indian law and several relatively distinct but... |
2022 |
| Hannane Amanpour |
WHAT THE RECENT NEPA OVERHAUL HAS MADE ABUNDANTLY CLEAR: THE FEDERAL GOVERNMENT IS FAILING TO ADEQUATELY CONSIDER ENVIRONMENTAL JUSTICE CONCERNS |
13 George Washington Journal of Energy & Environmental Law 58 (2022) |
This Note considers the disproportionate environmental impact of federal projects affecting minority and other poor, disadvantaged, or underserved communities, and proposes that Congress should amend the National Environmental Policy Act (NEPA) to explicitly provide for procedural requirements aimed at mitigating environmental justice concerns.... |
2022 |
| Stephen M. Johnson |
WHITHER THE LOFTY GOALS OF THE ENVIRONMENTAL LAWS?: CAN STATUTORY DIRECTIVES RESTORE PURPOSIVISM WHEN WE ARE ALL TEXTUALISTS NOW? |
49 Pepperdine Law Review 285 (2022) |
Congress set ambitious goals to protect public health and the environment when it enacted the federal environmental laws through bipartisan efforts in the 1970s. For many years, the federal courts interpreted the environmental laws to carry out those enacted purposes. Over time, however, courts greatly reduced their focus on the environmental and... |
2022 |
| John A. Kolanz |
WHY COLORADO SHOULD EVALUATE CLEAN WATER ACT SECTION 404 PROGRAM ASSUMPTION |
33 Colorado Environmental Law Journal 55 (Winter, 2022) |
C1-2Table of Contents Introduction. 56 I. Background. 57 II. Discussion. 59 A. Why Colorado Might Reach a Different Conclusion This Time Around. 59 1. Removal of Certain Barriers to State Section 404 Program Assumption. 59 a. The Assumable Waters Barrier. 60 b. The Endangered Species Act (ESA) Barrier. 65 c. The Program Administration Funding... |
2022 |
| Anne MacKinnon |
WYOMING WATER LAW GIVES STATE KEY ROLE THROUGH CHANGING TIMES |
45-JUN Wyoming Lawyer 42 (June, 2022) |
Most people interested in water in Wyoming know the name of Elwood Mead, who as a young engineer in the 1880s wrote the core of water law promoted as a model for other states at the time. Mead adopted the common Western principle of prior appropriation, first in time, first in right, that provides that the earliest rights can get water first. But... |
2022 |
| Richard Spradlin |
ZONING, NATURAL RESOURCES, AND RECLAMATION: OPPORTUNITIES FOR ENVIRONMENTAL JUSTICE IN A FLOWERING INDUSTRY |
23 Vermont Journal of Environmental Law 374 (Summer, 2022) |
Introduction. 375 I. Racialized Criminalization and Attempted Restoration. 377 A. Criminalization. 377 B. Legalization. 379 1. Canna-colonialism. 379 II. Relationship Between the Environment and Cannabis Cultivation/Production. 383 III. EJ and Cannabis: Considerations and Opportunities. 389 A. Zoning, Licensing, and Community Rebuilding. 390 B.... |
2022 |
| Magdalena Filipiuk Gonzalez |
A BREATH OF FRESH AIR: USING THE CLEAN AIR ACT TO ELIMINATE AIR POLLUTION HOT SPOTS |
12 George Washington Journal of Energy & Environmental Law 137 (Summer, 2021) |
The Clean Air Act governs air quality in the United States through a coordinated effort between the Environmental Protection Agency and the states. This Note focuses on the Clean Air Act's National Ambient Air Quality Standards provisions, through which the Environmental Protection Agency regulates the nation's air by setting air quality standards... |
2021 |
| Will Breland |
ACRES OF DISTRUST: HEIRS PROPERTY, THE LAW'S ROLE IN SOWING SUSPICION AMONG AMERICANS AND HOW LAWYERS CAN HELP CURB Black LAND LOSS |
28 Georgetown Journal on Poverty Law and Policy 377 (Spring, 2021) |
In the last century, Black landownership has declined by roughly 90 percent. One agricultural attorney remarked of the phenomenon, I think the threat to Black-owned land is one of the biggest social issues of our time. The passing observer might hypothesize that the hemorrhaging of Black lands occurred in the distant past because of Jim Crow laws... |
2021 |
| Charles Lee |
ANOTHER GAME CHANGER IN THE MAKING? LESSONS FROM STATES ADVANCING ENVIRONMENTAL JUSTICE THROUGH MAPPING AND CUMULATIVE IMPACT STRATEGIES |
51 Environmental Law Reporter (ELI) 10676 (August, 2021) |
During the past several years, I have devoted considerable energy to laying the groundwork for advancing environmental justice (EJ) at the state level. State agencies make most of the decisions under both federal and state environmental laws, and activists and pundits alike have argued for a stronger focus on state EJ efforts. States can be robust... |
2021 |
| Margaret L. Satterthwaite |
ASSESSING THE RIGHTS TO WATER AND SANITATION: BETWEEN INSTITUTIONALIZATION AND RADICALIZATION |
52 Georgetown Journal of International Law 315 (Winter, 2021) |
In the past two decades, the human rights to water and sanitation have emerged, matured, and taken their place at the center of discussions about rights, sustainable development, global health, and climate change. While there was early hope that these rights--especially the right to water--would provide a strong basis for rejecting the... |
2021 |
| Jessica Wakefield |
ATTAINING CRIMINAL LAW ENDS THROUGH ENVIRONMENTAL MEANS |
11 Arizona Journal of Environmental Law & Policy 228 (Summer, 2021) |
The criminal justice system is inefficient, ineffective, and fraught with laws and policies disparately impacting people of color and low-income individuals. There is no singular solution to crime, and the current system does not go far enough. If we are to achieve the goals set out by the criminal justice system of enhancing public safety and... |
2021 |
| James R. May |
BENDING THE MORAL ARC TOWARD ENVIRONMENTAL JUSTICE |
36-FALL Natural Resources & Environment 3 (Fall, 2021) |
Environmental justice (EJ) means all persons enjoy equal dignity, and environmental benefits and burdens should be fairly shared regardless of race, color, national origin, or income. Pioneered in tandem with the civil rights movement, we've been documenting the disproportionate adverse effects of environmental pollution on communities of color and... |
2021 |
| Joseph P. Tomain |
BRIDGING TROUBLED WATER: CLEAN ENERGY 50 YEARS AFTER THE GREENING OF AMERICA |
69 University of Kansas Law Review 713 (June, 2021) |
2020 marked the fiftieth anniversary of The Greening of America by Yale law professor Charles Reich and allows for its reassessment. Did Reich accurately predict the development of a new consciousness for America? Reich argued that Consciousness I (Con I) dominated late eighteenth and early nineteenth century thinking and was best seen as an... |
2021 |
| Idna G. Castellón |
CANCER ALLEY AND THE FIGHT AGAINST ENVIRONMENTAL RACISM |
32 Villanova Environmental Law Journal 15 (2021) |
Cancer Alley, also known as Petrochemical America, is an area along the Mississippi River spanning from Baton Rouge to New Orleans, Louisiana. Cancer Alley houses over 150 petrochemical plants and refineries. Petrochemical companies use these plants to refine crude oil . into a variety of petrochemicals that are then used to produce... |
2021 |
| Christopher Afgani |
CHOOSING LIFE OVER LIBERTY AND PROPERTY: ENVIRONMENTAL JUSTICE IN A WORLD RAVAGED BY CLIMATE CHANGE |
68 UCLA Law Review 786 (October, 2021) |
Harms to communities of color and poor communities are set to increase in light of climate change. These communities are vulnerable to climate-induced disasters largely because of historical, social and economic inequities. While this is generally true for vulnerable communities throughout the world, the scope of this Comment is limited to... |
2021 |
| Charles Lee |
CONFRONTING DISPROPORTIONATE IMPACTS AND SYSTEMIC RACISM IN ENVIRONMENTAL POLICY |
51 Environmental Law Reporter (ELI) 10207 (March, 2021) |
Understanding and operationalizing the concept of disproportionate impacts are critical to the next generation of environmental justice (EJ) practice. This Article charts a pathway to better defining, articulating, and analyzing disproportionate impacts in a manner that is empirically based, analytically rigorous, and has an evidentiary link to... |
2021 |
| Maya K. van Rossum, Kacy C. Manahan |
CONSTITUTIONAL GREEN AMENDMENTS |
36-FALL Natural Resources & Environment 27 (Fall, 2021) |
Imagine if you couldn't trust the water coming out of your faucets because it was tainted with dangerous levels of lead or cancer-causing chemicals. Imagine if the air quality was so poor in your neighborhood that you couldn't safely enjoy the outdoors without fear of an air pollution--induced heart attack or asthma attack. What if research showed... |
2021 |
| Melissa Mitchell (Zeid) |
CRUEL, UNUSUAL, AND TOXIC: THE ENVIRONMENTAL IMPLICATIONS OF MASS INCARCERATION IN THE UNITED STATES |
11 Arizona Journal of Environmental Law & Policy 267 (Summer, 2021) |
This note examines the environmental issues associated with mass incarceration. It will first discuss mass incarceration and environmental injustices generally. Then it will assert that, due to the increased demand for prison facilities, mass incarceration led to an era of building prisons on the cheapest, easiest to obtain sites: toxic waste sites... |
2021 |
| Hannah Perls |
DECONSTRUCTING ENVIRONMENTAL DEREGULATION UNDER THE TRUMP ADMINISTRATION |
45 Vermont Law Review 591 (Summer, 2021) |
Introduction. 592 I. Strategy 1: Undermine Agencies' Scientific and Expert Capacities. 593 A. Step 1: Block the Collection of Information Needed to Justify Forward-Looking Regulation. 594 B. Step 2: Undermine the Integrity of Scientific Expert Review Committees. 596 C. Step 3: Preclude EPA from Relying on Critical Public Health Studies. 602 II.... |
2021 |
| Clare Pledl |
ECO-ABLEISM IN THE ENVIRONMENTAL JUSTICE MOVEMENT |
23 Vermont Journal of Environmental Law 1 (Fall, 2021) |
Introduction. 1 I. Disability is a Critical Issue in the Fight for Environmental Justice. 3 A. A Brief History of Disability. 3 B. The Disability Rights Movement. 5 C. The Significant Impacts of Climate Change on Disability. 8 II. Eco-Ableism and the Environmental Justice Movement. 12 A. Perpetuation of Ableism in the Environmental Movement. 14 B.... |
2021 |
| James M. Grijalva |
ENDING THE INTERMINABLE GAP IN Indian COUNTRY WATER QUALITY PROTECTION |
45 Harvard Environmental Law Review 1 (2021) |
Tribal self-determination in modern environmental law holds the tantalizing prospect of translating indigenous environmental value judgments into legally enforceable requirements of federal regulatory programs. Congress authorized this approach three decades ago, but few tribes have sought primacy even for foundational programs like Clean Water Act... |
2021 |
| David E. Adelman , Jori Reilly-Diakun |
ENVIRONMENTAL CITIZEN SUITS AND THE INEQUITIES OF RACES TO THE TOP |
92 University of Colorado Law Review 377 (Spring, 2021) |
Environmental citizen suits were founded on the belief that empowering organizations and individuals to take legal action would provide a backstop against lax federal or state programs. Working in conjunction with the system of cooperative federalism, citizen suits were designed to uphold minimum levels of environmental protection and to provide a... |
2021 |