| Author | Title | Citation | Summary | Year |
| 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 |
| Terry Ann Campbell |
ENVIRONMENTAL CONSTITUTIONALISM: MARRYING THE DUE PROCESS CLAUSE AND THE EQUAL PROTECTION CLAUSE WITH CLIMATE CHANGE |
22 Vermont Journal of Environmental Law 103 (Spring, 2021) |
Introduction. 104 I. Background. 107 A. The U.S. is Yet to Recognize That Climate Change is a Global Issue That has Nefarious Effects on Human and Civil Rights. 108 B. Violating the Fifth and Fourteenth Amendments is Contrary to the Rule of Law. 109 C. Climate Change Imposes an Obligation to Protect Fundamental Rights. 111 D. The Juliana III Ruling... |
2021 |
| Jacob Elkin |
ENVIRONMENTAL JUSTICE AND PENNSYLVANIA'S ENVIRONMENTAL RIGHTS AMENDMENT: APPLYING THE DUTY OF IMPARTIALITY TO DISCRIMINATORY SITING |
11 Columbia Journal of Race and Law 195 (January, 2021) |
Since the 1970s, there has been a growing awareness that environmental hazards are disproportionately sited in low-income communities and communities of color. Under the label of the environmental justice movement, community groups have pursued various means to fight against the discriminatory concentration of environmental burdens in their... |
2021 |
| Paul N. Nybo |
ENVIRONMENTAL JUSTICE AND THE GULLAH GEECHEE: THE NationAL ENVIRONMENTAL POLICY ACT'S POTENTIAL IN PROTECTING THE SEA ISLANDS |
72 South Carolina Law Review 1039 (Summer, 2021) |
I. Introduction. 1039 II. Background. 1041 A. History of the Gullah Geechee. 1041 B. The Gullah/Geechee Cultural Heritage Act. 1044 C. The Heirs' Property Problem. 1047 D. The National Environmental Policy Act. 1051 1. Environmental Justice and NEPA. 1053 2. Agency Requirements Under NEPA. 1054 III. Analysis: NEPA's Application to Sea Island... |
2021 |
| Kyra G. Bradley |
ENVIRONMENTAL JUSTICE CLASS ACTION RISES ABOVE THE RUBBISH: THE THIRD CIRCUIT REVIVES COMMON-LAW NUISANCE REMEDIES IN BAPTISTE v. BETHLEHEM LANDFILL CO. |
32 Villanova Environmental Law Journal 209 (2021) |
Since the late 1980s, American society has become increasingly aware of a grievous environmental issue in the United States: the disproportionate allocation of environmental burdens to racial and ethnic minority populations. Studies demonstrate that irrespective of class, race is the best predictor of exposure to air pollution, location of... |
2021 |
| Denisse Enriquez, Class of 2022, UNM School of Law |
ENVIRONMENTAL JUSTICE IN NEW MEXICO: COUNTING COUP BY VALERIE RANGEL (HISTORY PRESS, 2019) |
61 Natural Resources Journal 155 (Winter, 2021) |
New Mexico has a complex history, not only the cultural history but also the environmental history of the state. This can be seen distinctly in the arrival of the Spanish Colonialists. While conquest by Spanish colonialists brought exotic goods and new technology, it also came with policies of extermination of Indian culture; suppression of... |
2021 |
| Douglas A. Henderson, Cynthia A. M. Stroman, Joseph A. Eisert |
ENVIRONMENTAL JUSTICE LITIGATION |
36-FALL Natural Resources & Environment 17 (Fall, 2021) |
Over the past 40 years, individuals and environmental groups alike have filed environmental justice (EJ) lawsuits, alleging either intentional racism, disparate impacts, or both, associated with landfill siting, infrastructure projects, and industrial emissions. But so far EJ litigation has resulted in few big wins for plaintiffs, at least using... |
2021 |
| Banumathi Rangarajan , Leigh Rendé , Trial Attorney, Environmental Crimes Section, Trial Attorney, Environmental Crimes Section |
ENVIRONMENTAL JUSTICE: A PATH TOWARDS EQUITY THROUGH ENVIRONMENTAL CRIMES PROSECUTIONS |
69 Department of Justice Journal of Federal Law and Practice 213 (December, 2021) |
For decades, many have struggled to address the inequitable burden certain communities bear in connection with our nation's waste and pollution. Notwithstanding presidential and federal agency efforts to advance environmental justice (EJ) in those communities, measurable success remains elusive, especially in the context of criminal violations.... |
2021 |
| Michael J. Wynne , Alexis Summers |
ENVIRONMENTAL JUSTICE: NO LONGER A NASCENT CONCEPT BUT HURDLES REMAIN |
58-APR Houston Lawyer 18 (March/April, 2021) |
We revisit a topic we addressed in this publication 21 years ago. The term in use frequently then was Environmental Racism. There were then and remain emotionally-charged debates centered on the struggle to deconstruct a policy choice or agency decision (including permitting decisions) and assess whether the decision was based on an insidious... |
2021 |
| Rebecca Bratspies, Vanessa Casado Perez, Robin Kundis Craig, Lissa Griffin, Keith Hirokawa, Sarah Krakoff, Katrina Kuh, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J.B. Ruhl, Erin Ryan, David Takacs |
ENVIRONMENTAL LAW, DISRUPTED BY COVID-19 |
51 Environmental Law Reporter (ELI) 10509 (June, 2021) |
For over a year, the COVID-19 pandemic and concerns about systemic racial injustice have highlighted the conflicts and opportunities currently faced by environmental law. Scientists uniformly predict that environmental degradation, notably climate change, will cause a rise in diseases, disproportionate suffering among communities already facing... |
2021 |
| Kimberly L. Bick |
ENVIRONMENTAL PARITY AND OUTDOOR EQUITY |
63-APR Orange County Lawyer 36 (April, 2021) |
This month we celebrate Earth Day, but Earth Day represents more than one day set aside to plant trees or pick up trash at the beach. It was founded after three-million gallons of crude oil spilled into the Pacific Ocean just off the coast of Santa Barbara, California, in 1969, creating an oil slick thirty-five miles long along California's coast... |
2021 |
| Andie J. Sweeden |
ENVIRONMENTAL RACISM IN Indian COUNTRY: AN ANALYSIS OF ITS IMPACTS ON THE ENVIRONMENT AND NATURAL RESOURCES AND ITS CONNECTION TO THE DIMINISHMENT OF TribAL SOVEREIGNTY |
12 Arizona Journal of Environmental Law & Policy 107 (Fall, 2021) |
This note seeks to discuss environmental racism and its connection to the diminishment of tribal sovereignty. First, there will be a discussion on the history and origin of tribal sovereignty, and the presence of tribes and Indigenous peoples in the United States. Second, there will be an examination of how the Clean Air and Clean Water Acts have... |
2021 |
| Vivian D. Wesson |
ENVIRONMENTAL RACISM: HOW LAWYERS CAN HELP CLOSE THE CLIMATE GAP |
93-FEB New York State Bar Journal 34 (January/February, 2021) |
On August 29, 2005, Hurricane Katrina made landfall in the Gulf Coast region of the United States. The category 3 storm brought wind speeds in excess of 120 mph and a storm surge as high as 19 feet. For cities in the storm's path, like New Orleans, officials ordered mandatory evacuations. Many New Orleans residents, though, lacked the financial... |
2021 |
| William C.C. Kemp-Neal J.D. |
ENVIRONMENTAL RACISM: USING ENVIRONMENTAL PLANNING TO LIFT PEOPLE OUT OF POVERTY, AND RE-SHAPE THE EFFECTS OF CLIMATE CHANGE & POLLUTION IN COMMUNITIES OF COLOR |
32 Fordham Environmental Law Review 295 (Symposium-Spring, 2021) |
Long before the phrase I can't breathe became a rallying cry for Black Lives Matter activists protesting the deaths of Black people at the hands of police, environmental-justice activists warned that pollution was choking and killing people of color in the U.S. In the mid-1900s the United States began to see a rise in concern for environmental... |
2021 |
| Brandon I. Weinreb |
ESPORTS AND HARASSMENT: ANALYZING PLAYER PROTECTIONS IN A HOSTILE WORK ENVIRONMENT |
57 California Western Law Review 473 (Spring, 2021) |
C1-2Table of Contents Introduction. 474 I. The Nature & Increasing Popularity of Esports. 476 A. What is Esports?. 476 B. The Rise of Esports. 478 II. Employment Status of Esports Players. 479 A. The Economic-Realities Test. 480 B. Esports Players Are Employees Under the Economic-Realities Test. 482 III. Title VII & the Hostile Nature of Online... |
2021 |
| Eric K. Yamamoto , Susan K. Serrano |
FOREWORD TO THE REPUBLICATION OF RACIALIZING ENVIRONMENTAL JUSTICE |
92 University of Colorado Law Review 1383 (Special Issue 2021) |
Systemic racism! The burgeoning 2020 Black Lives Matter protests vaulted this formerly whispered phrase into mainstream public consciousness. Through news headlines, social media, educational classes, opinion essays, word of mouth, and more, America grappled with the enormity of racism as a form of oppression of people and communities, as... |
2021 |
| Martha F. Davis |
FREEDOM FROM THIRST: A RIGHT TO BASIC HOUSEHOLD WATER |
42 Cardozo Law Review 879 (June, 2021) |
C1-2Table of Contents Introduction. 879 I. A Fifth Freedom?. 887 II. Finding the Human Right to Water. 894 III. The Constitutional Right to Water Around the World. 900 IV. Constitutional Rights to Basic Water under United States Law. 904 Conclusion. 910 |
2021 |
| |
GREEN AMENDMENTS: VEHICLES FOR ENVIRONMENTAL JUSTICE |
51 Environmental Law Reporter (ELI) 10903 (November, 2021) |
Despite existing laws, communities across the United States are exposed to dangerous environmental conditions that can have devastating effects on public health. One emerging mechanism to address these issues are green amendments, self-executing provisions added to a state constitution that recognize and protect the rights of all people,... |
2021 |
| Joerika Stitt |
GUN VIOLENCE AND DE FACTO SEGREGATION: COULD ENVIRONMENTAL DISCRIMINation BE FUELING CHICAGO'S SOARING GUN VIOLENCE? |
11 Wake Forest Journal of Law and Policy 395 (2021) |
Shirley Chambers is a Chicago resident who has experienced the unimaginable: her four children, three sons and one daughter, were all shot and killed in Chicago's Lawndale neighborhood. After her first three children were murdered, Ms. Chambers recalled feeling sadder for her last remaining son more than she felt for herself. She reported, I... |
2021 |
| Sascha Dov Bachmann , Ikechukwu P. Ugwu |
HARDIN'S 'TRAGEDY OF THE COMMONS': IndigenOUS PEOPLES' RIGHTS AND ENVIRONMENTAL PROTECTION: MOVING TOWARDS AN EMERGING NORM OF IndigenOUS RIGHTS PROTECTION? |
6 One J: Oil and Gas, Natural Resources, and Energy Journal 547 (May, 2021) |
Most of the world's natural resources can be found on the territories of indigenous peoples. This puts indigenous peoples in a position where they are not only subjected to environmental hazards, as a result of the mining and exploitation of these resources, but are also denied the use and control of these resources. In addition, the proximity to... |
2021 |
| Gabrielle 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 |
9 Joule: Duquesne Energy & Environmental Law Journal 1 (Spring, 2021) |
In 1970, Congress passed, with strong bipartisan support, the National Environmental Policy Act (NEPA) for the purpose of requiring federal agencies to engage in efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man. For over fifty years, NEPA had propelled towards the... |
2021 |
| Todd Anthony Walker |
HEALING RACISM'S WOUNDS: ON RACIAL RECKONING & OBAMA'S "A PROMISED LAND" |
6 Columbia Human Rights Law Review Online 34 (November 11, 2021) |
Legal controversies surrounding race and racism have persisted in America from its inception, but not without intervention. Supreme Court decisions in Dred Scott, Plessy and Brown trace the Court's jurisprudential evolution while, legislatively, the passage of the post-civil rights Amendments, and, more recently, The Civil Rights Act of 1964,... |
2021 |
| David B. Schorr |
HORIZONTAL AND VERTICAL INFLUENCES IN COLONIAL LEGAL TRANSPLANTATION: WATER BY-LAWS IN BRITISH PALESTINE |
61 American Journal of Legal History 308 (September, 2021) |
Local by-laws were the primary tool for local governments in British-ruled Palestine to exercise their authority, and water was the paradigmatic subject for local legislation. Looking at the diffusion of legal norms in local by-laws in the 1930s and 1940s, the article examines the dynamics of lawmaking in a context characterized both by imperial... |
2021 |
| Madeline Marguerite Byers |
HOUSTON, WE HAVE A GENTRIFICATION PROBLEM: THE GENTRIFICATION EFFECTS OF LOCAL ENVIRONMENTAL IMPROVEMENT PLANS IN THE CITY OF HOUSTON |
7 Texas A&M Journal of Property Law 163 (March 23, 2021) |
Local environmental improvement plans are increasingly popular among urban planners. As climate change and environmental justice concerns increase, many communities demand a change in local land use policies that put these concerns at the forefront. One such community is the city of Houston, Texas, which issued several environmental improvement... |
2021 |
| Annie Petsonk |
HOW PROFESSOR STEWART HAS PROMOTED EQUITY, EFFECTIVENESS, AND TRANSPARENCY IN ENVIRONMENTAL LAW: A PRACTITIONER'S VIEW |
29 New York University Environmental Law Journal 659 (2021) |
Introduction. 659 I. Promoting Equity and Effectiveness: Proof Positive in California. 660 II. Transparency: Proof Positive in International Administrative Law. 667 III. Concluding Remarks: A Personal Look-Back and Look-Ahead. 673 |
2021 |
| Barry E. Hill |
HUMAN RIGHTS, ENVIRONMENTAL JUSTICE, AND CLIMATE CHANGE: FLINT, MICHIGAN |
46 Human Rights 14 (2021) |
Former Michigan Governor Rick Snyder and eight other state government officials are facing criminal charges for their alleged roles in the disastrous Flint, Michigan, drinking water crisis of roughly seven years ago. Those officials face 42 felony and misdemeanor counts, which range from perjury to official misconduct in office to extortion to... |
2021 |
| Travis D. Jones |
HUMANS LONG IGNORED: REVISITING NEPA'S DEFINITION OF "HUMAN ENVIRONMENT" IN THE ERA OF Black LIVES MATTER |
32 Villanova Environmental Law Journal 1 (2021) |
In 2020, the Black Lives Matter movement brought state-sanctioned violence against African Americans to the forefront of public discourse. In the wake of the horrific killing of George Floyd, highly charged protests exploded around the country, from Washington D.C. to Dallas to Portland. Across the internet, social media timelines and profile... |
2021 |
| Taylor Lilley, Esq., Brittany Wright, Esq. |
IMPROVING REPRESENTATION IN ENVIRONMENTAL LAW AND THE CHARGE FOR ENVIRONMENTAL JUSTICE |
3 No. 1 Maryland Bar Journal 122 (June, 2021) |
Environmental attorneys, whether in private practice, government agencies, or non-governmental organizations, are at the intersection of two related movements: the push to diversify the legal field and the call to engage in efforts to secure environmental justice. Both movements aim to increase representation and meaningfully include all voices in... |
2021 |
| Kenneth A. Stahl |
INCORPORATING TRANSPORTATION TOPICS INTO THE LAND USE CURRICULUM |
106 Iowa Law Review 2451 (July, 2021) |
Land use and transportation are intricately linked. Transportation intersects with some of the most important issues covered in the land use law curriculum, including among others the wisdom of Euclidean zoning ordinances that mandate the segregation of uses, the advantages and disadvantages of ad hoc land use decision-making processes... |
2021 |
| Aila Hoss |
IndianA'S Indian LAWS: IndigenOUS ERASURE AND RACISM IN THE LAND OF THE IndianS |
30-SPG Kansas Journal of Law & Public Policy 184 (Spring, 2021) |
In response to a request for funding on Tribal and Indian law research, a director level position from Indiana University who reviewed a draft of the proposal stated that the author needed to clear why a team from the middle of Indiana is positioned to conduct this research and that it is her job to point out the obvious. In the author's... |
2021 |
| Dr. Daniel Rietiker |
IndigenOUS PEOPLES' RIGHT TO WATER IN TIMES OF COVID-19: ASSESSMENT OF THE PROTECTION UNDER INTERNationAL LAW AND RECOMMENDATIONS FOR HUMAN RIGHTS LITIGATION |
44 Suffolk Transnational Law Review 1 (Winter, 2021) |
While rivers flow through Navajo lands and are used to irrigate golf courses in Phoenix, the Navajo lack legal entitlement to that water and amidst the coronavirus crisis, cannot even get sufficient plumbing to wash their hands. Indigenous peoples have suffered and continue to suffer from human rights abuses more than the rest of the population.... |
2021 |