| Author | Title | Citation | Summary | Year |
| Jennifer Black, Amanda Moreland, Montrece McNeill Ransom, Emely Sanchez |
PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES: USING LAW AND POLICY TO ADDRESS THESE ENVIRONMENTAL HEALTH HAZARDS IN THE UNITED STATES |
31 Health Matrix: Journal of Law-Medicine 341 (2021) |
C1-2Contents Introduction. 342 I. Phase-Out Actions. 346 A. PFOA Stewardship Program. 347 B. TSCA. 348 C. Stockholm Convention. 350 II. Current Federal Approaches. 352 A. Safe Drinking Water Act. 352 B. EPA's Health Advisories. 355 C. ATSDR and CERCLA. 358 D. Congressional Actions. 361 III. Current State Approaches. 363 IV. Looking Forward. 366 |
2021 |
| Brenda Mallory , David Neal |
PRACTICING ON UNEVEN GROUND: RAISING ENVIRONMENTAL JUSTICE CLAIMS UNDER RACE NEUTRAL LAWS |
45 Harvard Environmental Law Review 295 (2021) |
C1-2Table of Contents Introduction. 296 I. Background: Environmental Injustice in Context. 297 II. Fighting for Environmental Justice Without Legislatively Enacted Substantive Environmental Justice Protections. 301 A. Union Hill. 302 1. FERC EJ Claims. 304 2. PSD Permit Fight - Using an Existing Site Suitability and Health Statute to Require... |
2021 |
| Jessica B. Goldstein, Jodi A. Mazer |
PROSECUTING ENVIRONMENTAL CRIMES TO ADVANCE ENVIRONMENTAL JUSTICE |
36-FALL Natural Resources & Environment 45 (Fall, 2021) |
Hours after being sworn in on March 11, 2021, as the 16th administrator of the Environmental Protection Agency (EPA), Michael Regan shared his vision with the EPA's workforce: We will stand up for environmental justice, guided by our conviction that all people have the right to breathe clean air, drink clean water, and lead a healthy... |
2021 |
| Karen Engle , Lucas Lixinski |
QUILOMBO LAND RIGHTS, BRAZILIAN CONSTITUTIONALISM, AND RACIAL CAPITALISM |
54 Vanderbilt Journal of Transnational Law 831 (October, 2021) |
The 1988 Brazilian Constitution, the first in a wave of new democratic and multicultural constitutions in Latin America, contains a transitory provision guaranteeing collective land rights to quilombo communities. These communities are composed of quilombolas, primarily descendants of formerly enslaved Africans, many of whom had escaped slavery. A... |
2021 |
| Shannon Roesler |
RACIAL SEGREGATION AND ENVIRONMENTAL INJUSTICE |
51 Environmental Law Reporter (ELI) 10773 (September, 2021) |
One legacy of the environmental justice movement is documenting the unequal distribution of environmental harms and benefits throughout American society. These inequalities are inscribed in our urban physical spaces by laws and policies designed to exclude African Americans and other minority groups from lands and spaces constructed and preserved... |
2021 |
| Danielle A. Bernstein |
REASONABLENESS IN HOSTILE WORK ENVIRONMENT CASES AFTER #METOO |
28 Michigan Journal of Gender & Law 119 (2021) |
The #MeToo movement, a global social response to sexual harassment in the workplace, has turned the traditional approach to sexual harassment on its head. Instead of shielding perpetrators and discrediting survivors, employers, the media, and the public have begun to shift from presuming the credibility of the perpetrator to presuming the... |
2021 |
| Bernard James |
RESTORATIVE JUSTICE LIABILITY: SCHOOL DISCIPLINE REFORM AND THE RIGHT TO SAFE SCHOOLS |
51 University of Memphis Law Review 557 (Spring, 2021) |
I. The Common Wisdom on Student Safety. 557 II. Alterations in the Underlying Law on Student Safety. 561 III. School Discipline Reform: Conflicting Responses to Misconduct. 568 IV. The Three Great Questions on Liability. 573 Litigation challenging school discipline policies is on the upswing. Ordinarily, courts act to constrain judicial review of... |
2021 |
| Rachael E. Salcido |
RETOOLING ENVIRONMENTAL JUSTICE |
39 UCLA Journal of Environmental Law & Policy 1 (2021) |
This Article responds to environmental justice arguments that undermine, rather than safeguard, health and environmental quality for low-income and minority populations. Efforts by scholars and practitioners to clearly define environmental injustice to facilitate use of racial discrimination legal frameworks have had minimal success and are... |
2021 |
| Samia R. Broadaway, Paulina Williams |
RETROSPECTIVE ON DRINKING WATER LITIGATION FROM FLINT, MICHIGAN |
52 No. 4 ABA Trends 6 (March/April, 2021) |
The facts of Flint, Michigan's water crisis are now well known: in April 2014, the city of Flint, facing serious financial trouble, was supervised by an emergency manager appointed by then-Governor Snyder. The emergency manager was tasked with implementing cost-saving measures. In one such cost-saving effort, the city switched its water supply from... |
2021 |
| Monica Krup |
RIOT BOOSTING: SOUTH DAKOTA'S INTEGRATION OF ENVIRONMENTAL, IndigenOUS, AND FIRST AMENDMENT CONCERNS AND THE RHETORIC ON PROTEST |
22 Rutgers Race & the Law Review 293 (2021) |
In early 2019, the South Dakota legislature passed an urgent law that punishes and criminalizes those who participate in riots throughout the state. The law was a clear infringement on First Amendment Freedom of Speech and Freedom of Association rights and was executed as a direct response to the Standing Rock protests occurring in North Dakota... |
2021 |
| Dana McClure |
SLEEP NOW IN THE FIRE: ANTI-PROTEST LAWS AND THE ENVIRONMENTAL MOVEMENT |
11 Arizona Journal of Environmental Law & Policy 209 (Summer, 2021) |
So raise your fists And march around Just don't take what you need I'll jail and bury those committed And smother the rest in greed Since 2017, in response to the nonviolent protests against the Dakota Access Pipeline, more than a dozen states across the country adopted legislation limiting citizens' ability to protest against fossil fuel... |
2021 |
| Andrea Wortzel, Viktoriia De Las Casas |
STATE LAWS PROVIDE NEW PATHWAYS FOR ENVIRONMENTAL JUSTICE CLAIMS |
36-SUM Natural Resources & Environment 18 (Summer, 2021) |
Environmental justice moved to the forefront of sociopolitical discussions in the country in 2020, receiving increased attention from politicians, community groups, and environmental agencies. Although this concept is not new, for decades plaintiffs have struggled to find an effective means of asserting environmental justice claims. This is largely... |
2021 |
| Richard J. Lazarus , Libby Dimenstein |
STEWART'S PARADOXES OF LIBERTY, INTEGRITY, AND FRATERNITY: SOBERING LESSONS FROM COVID-19 FOR ENVIRONMENTAL LAW |
29 New York University Environmental Law Journal 543 (2021) |
Introduction. 543 I. Economic Collapse Is Disastrous for Environmental Protection. 547 II. Strong, Aggressive National Leadership Is Necessary for Environmental Protection. 553 III. Environmental Justice Is Necessary for Environmental Protection. 561 Conclusion. 566 |
2021 |
| Cristal E. Jones, M.B.A. , University of Oregon School of Law |
STILL STRANGERS IN THE LAND: ACHIEVEMENT BARRIERS, BURDENS, AND BRIDGES FACING African american STUDENTS WITHIN PREDOMINATELY WHITE LAW SCHOOLS |
39 Minnesota Journal of Law & Inequality 13 (Winter, 2021) |
This Article examines the barriers to an environment where African American law students no longer view themselves, and no longer are viewed as, what American abolitionist Harriet Tubman coined, a stranger in a strange land. In this Article, I explain the research on the structural, psychological, and social factors that face the African American... |
2021 |
| James Pollack , Frank Sturges |
STRUGGLING TO FIND A RAPANOS NEXUS: MAUI AND THE EXPANSION OF CLEAN WATER ACT REGULATION |
48 Ecology Law Quarterly 49 (2021) |
The Supreme Court has long struggled to define the scope of federal jurisdiction over pollution control under the Clean Water Act (CWA). During the Court's last term, that issue returned to the forefront in County of Maui, Hawaii v. Hawaii Wildlife Fund. The case involved pollution from a wastewater treatment facility that reached the Pacific Ocean... |
2021 |
| Jeff Todd |
THE (DE)MYSTIFICATION OF ENVIRONMENTAL INJUSTICE: A DRAMATISTIC ANALYSIS OF LAW |
93 Temple Law Review 597 (Spring, 2021) |
Although Kenneth Burke is the preeminent rhetorician of the modern era, and his theories have been applied to issues of social change and the environment (including by legal scholars), the role of justice and law in his critical method of dramatism have received only passing treatment. This Article is therefore the first in any discipline to... |
2021 |
| Robert B. Keiter |
THE EMERGING LAW OF OUTDOOR RECREATION ON THE PUBLIC LANDS |
51 Environmental Law 89 (Spring, 2021) |
Outdoor recreation is assuming a prominent role across the public lands, presenting the responsible federal agencies with difficult, new management challenges. Since World War II, recreational uses of public lands have been on a steady upward trajectory, which has only accelerated during this century. Today, an increasingly diverse array of outdoor... |
2021 |
| Emily Bergeron |
THE ENVIRONMENT IN THE NEXT FOUR YEARS |
46 Human Rights 22 (2021) |
In the next four years, we must not only bring back eliminated rules, but enact better laws; create a more concrete climate response; enact more specific environmental justice legislation; and consider the broader implications of environmental law on indigenous populations. In 1995, after a 70-year absence, biologists reintroduced wolves into... |
2021 |
| Roger Merino |
THE LAND OF NationS: IndigenOUS STRUGGLES FOR PROPERTY AND TERRITORY IN INTERNationAL LAW |
115 AJIL Unbound 129 (2021) |
Key studies have highlighted how Western law was central to the civilizing mission of colonialism, legitimizing conquest while presenting itself as a colonizer's gift for overcoming barbarism. But law was not just an imposition to dispossess resources and accumulate labor; it was also transformed by the contestations of First Nations and the new... |
2021 |
| Ann M. Eisenberg, Elizabeth Kronk Warner |
THE PRECIPICE OF JUSTICE: EQUITY, ENERGY, AND THE ENVIRONMENT IN Indian COUNTRY AND RURAL COMMUNITIES |
42 Energy Law Journal 281 (2021) |
Editor's Note: As the authors mention at footnote 1, the ideas presented in their essay were first shared during a panel presentation in February of this year at the at the University of Florida Levin College of Law's annual Public Interest Environmental Conference. We and the authors have described their piece as an essay and not an article... |
2021 |
| Christina Giordanella |
THE RECENT FEDERAL WITHDRAWAL OF LIMITATIONS ON SUPPLEMENTAL ENVIRONMENTAL PROJECTS AND IMPORTANCE TO ENVIRONMENTAL JUSTICE INITIATIVES |
27 Cardozo Journal of Equal Rights & Social Justice 323 (Spring, 2021) |
C1-2Table of Contents I. Introduction. 324 II. Background. 326 A. Supplemental Environmental Projects. 326 1. Case Studies. 328 B. Environmental Justice. 332 III. Arguments Against the Use of SEPs. 336 A. 2018 Memo. 336 B. The 2019 Memo's Limitation on SEPs. 338 IV. Legal Support for the Department of Justice and the Environmental Protection... |
2021 |
| Meghan O'Connor |
THE SECRETARY OF THE INTERIOR HAS THE AUTHORITY TO TAKE LAND INTO TRUST FOR FEDERALLY RECOGNIZED ALASKA TribES |
45 American Indian Law Review 89 (2021) |
Acreage proves Alaska is the largest state in the United States by far, but for Alaska Natives this land, specifically trust land, has posed an issue for decades. For almost forty years, the Department of the Interior (DOI) has debated over whether the Secretary of the Interior can take land into trust in Alaska. Trust land is an important tool to... |
2021 |
| Chloe Ahmann, Cornell University |
THE SUSTAINABILITY MYTH: ENVIRONMENTAL GENTRIFICATION AND THE POLITICS OF JUSTICE, MELISSA CHECKER (NEW YORK: NYU PRESS, 2020) |
44 PoLAR: Political and Legal Anthropology Review 1 (2021) |
I ordered them to build [the Emerald City], and . I put green spectacles on all the people, so that everything they saw was green. But isn't everything here green? asked Dorothy. No more than in any other city, replied Oz. - L. Frank Baum, The Wonderful Wizard of Oz Surely this is the revelation Melissa Checker has in mind when she calls... |
2021 |
| Barry E. Hill |
TIME HAS COME TODAY FOR ENVIRONMENTAL AND CLIMATE JUSTICE LEGISLATION |
51 Environmental Law Reporter (ELI) 10102 (February, 2021) |
The Stock Market Crash of 1929, and the Great Depression that followed from August 1929-March 1933, shook the foundation of America to its core. During a July 24, 1933, radio address, President Franklin D. Roosevelt (D) coined the phrase the first 100 days, specifically referring to the period of time in which a new administration's success in... |
2021 |
| Samantha T. Edgell |
TOTO, I'VE A FEELING THE ENVIRONMENT ISN'T SAFE FROM CRYPTOCURRENCY ANYMORE: THE DEGRADING ECOLOGICAL EFFECTS OF BITCOIN AND DIGITAL CURRENCIES |
32 Villanova Environmental Law Journal 69 (2021) |
Cryptocurrencies are traded forms of digital assets that are extracted from digital locations after high-powered computers run complex algorithms. The mining of cryptocurrencies has a detrimental effect on the environment. Although it may seem that cryptocurrency and climate change are unrelated, studies have shown there to be a strong connection.... |
2021 |
| Jaime Alison Lee |
TURNING PARTICIPATION INTO POWER: A WATER JUSTICE CASE STUDY |
28 George Mason Law Review 1003 (Spring, 2021) |
Water systems throughout the United States are broken, both literally and figuratively. The purpose of water utilities is to provide access to clean and convenient water, which promotes human health and productivity. Yet, a growing number of utilities charge unconscionable prices for water and otherwise carry out policies that decrease, rather than... |
2021 |
| Alyson Merlin |
UNENFORCED PROMISES: TREATY RIGHTS AS A MECHANISM TO ADDRESS THE IMPACT OF ENERGY PROJECTS NEAR TribAL LANDS |
11 Columbia Journal of Race and Law 373 (April, 2021) |
Treaties between the United States and Native nations are binding until abrogated by the clear and plain intent of Congress. Many treaties signed in the 18th and 19th centuries remain unabrogated, but are also unenforced by the courts of the United States. The Dewey Burdock Project is a proposed uranium mining operation which would sit adjacent to... |
2021 |
| Skye M. Walker |
WARS, WALLS, AND WRECKED ECOSYSTEMS: THE CASE FOR PRIORITIZING ENVIRONMENTAL CONSERVATION IN A NationAL SECURITY-CENTRIC LEGAL SYSTEM |
51 Environmental Law 913 (Summer, 2021) |
Maintaining a strong military. Furthering national security by securing the skies, seas, and borders. Promoting peace and order by using tear gas to diffuse chaotic and potentially dangerous situations. To the U.S. government, these are laudable objectives--objectives that often outweigh other policy goals such as environmental conservation. As a... |
2021 |
| Jennifer J. Seely |
WATER BANKS IN WASHINGTON STATE: A TOOL FOR CLIMATE RESILIENCE |
96 Washington Law Review 729 (June, 2021) |
Water banks--a tool for exchanging senior water rights and offsetting new ones--can address multiple problems in contemporary water law. In the era of climate change, water banks enable needed flexibility and resilience in water allocation. As growing cities require new water rights, water banks can repurpose old water for new uses. These... |
2021 |
| Philippe Cullet , Lovleen Bhullar , Sujith Koonan |
WATER SECURITY AND INTERNationAL LAW |
17 Annual Review of Law and Social Science 261 (2021) |
energy, environment, food, international law, rights, security, water International law seeks to ensure water security and to prevent or resolve conflicts leading to water insecurity. This relationship is based on a hybrid framework comprising binding and nonbinding instruments. The multiscalar dimensions of water (in)security are recognized, but... |
2021 |
| Jessica Intermill |
WE LIVE NOT ALONE |
78-JUL Bench and Bar of Minnesota 20 (July, 2021) |
As Enbridge races to complete its new Line 3 tar sands pipeline across Minnesota, 17-year-old Jaiden Ellington-Vasser grabs a quick bite. School is out for the day, and she has 45 minutes before her clerk shift starts at the grocery store. Ellington-Vasser knows firsthand that the Public Utilities Commission's decision to approve construction of... |
2021 |
| Lindsay Heck |
WHEN ENVIRONMENTAL RACISM, A PUBLIC HEALTH CRISIS, AND AN EDUCATIONAL EMERGENCY COLLIDE |
46 Human Rights 18 (2021) |
Flint, Michigan, is ground zero for the four major crises that have afflicted the nation over the past year. In Flint, a catastrophic public health crisis collided with an economic downturn, systemic racism, and a burgeoning environmental crisis years before the COVID-19 pandemic unleashed, or exacerbated, such forces on a nationwide scale. In... |
2021 |
| Rachel Casper |
WHEN HARASSMENT AT WORK IS HARASSMENT AT CHURCH: HOSTILE WORK ENVIRONMENTS AND THE MINISTERIAL EXCEPTION |
25 University of Pennsylvania Journal of Law and Social Change 11 (2021) |
Sexual harassment and harassment on the basis of race, national origin, disability, and age are unlawful workplace practices; what does that mean when one's workplace is a church? This article explores the ministerial exception's application to hostile work environment claims. Can ministerial employees bring harassment claims against... |
2021 |
| Lia Cattaneo |
WRINKLING CITIZEN SUITS: CALIFORNIA v. EPA (9TH CIR. 2020) AND CLEAN AIR ACT UNDERENFORCEMENT |
45 Harvard Environmental Law Review 503 (2021) |
C1-2Table of Contents Introduction I. The Clean Air Act's Citizen Suit Provision. 505 II. California v. EPA. 509 A. Regulation of Landfill Emissions. 509 B. The Citizen Suit in District Court. 511 C. Ninth Circuit's Rule 60(b) Holding. 512 III. The Consequence of Limiting Equitable Discretion. 513 A. The Real-World and Environmental Justice Impacts... |
2021 |
| Michael Lewyn |
ZONING AND LAND USE PLANNING |
50 Real Estate Law Journal 453 (Summer, 2021) |
Most economists believe that cities must permit more housing to be built in order to curt rising rents and home prices. Dense, multifamily housing is especially useful, because when many people live within walking distance of public transit, shops and jobs, more people can reach these destinations without driving, thus reducing carbon emissions and... |
2021 |
| Jeff Todd |
A "SENSE OF EQUITY" IN ENVIRONMENTAL JUSTICE LITIGATION |
44 Harvard Environmental Law Review 169 (2020) |
C1-2TABLE OF CONTENTS Introduction. 169 I. The Story of Environmental Justice Litigation. 176 A. Distributive Injustice: The Roots of Environmental Justice. 178 B. Corrective Injustice: The Challenges of Environmental Justice Litigation. 181 C. Procedural Injustice--or Merely a Hurdle?: The Motion to Dismiss. 185 1. Justiciability Doctrines:... |
2020 |
| Jeff Todd |
A FIGHTING STANCE IN ENVIRONMENTAL JUSTICE LITIGATION |
50 Environmental Law 557 (Summer, 2020) |
The poor, persons of color, and indigenous peoples often turn to the courts to correct the injustice of companies and governments causing environmental harms in their communities. Existing interpretations of tort, statutory, and constitutional law do not adequately fit the situations faced by environmental justice plaintiffs, however, so defendants... |
2020 |
| Charles Lee |
A GAME CHANGER IN THE MAKING? LESSONS FROM STATES ADVANCING ENVIRONMENTAL JUSTICE THROUGH MAPPING AND CUMULATIVE IMPACT STRATEGIES |
50 Environmental Law Reporter (ELI) 10203 (March, 2020) |
This Article focuses on lessons learned from state practice in environmental justice (EJ) mapping and screening, and their relationship to the central issue of cumulative impacts--the reality that EJ communities typically suffer from a concentration of pollution sources and negative land uses as well as health and social vulnerabilities. These... |
2020 |
| Joseph Regalia |
A NEW WATER LAW VISTA: ROOTING THE PUBLIC TRUST DOCTRINE IN THE COURTS |
108 Kentucky Law Journal 1 (2019-2020) |
C1-2Table of Contents Table of Contents. 1 I. A Public Trust Bootcamp. 7 II. Some States Have Embraced their Trust Obligations to Meet Evolving Threats to Water Resources; Some Have Shed their Duties Completely. 12 A. We are in a water crisis and adaptive, aggressive action is needed to protect precious water resources, especially in the west. 12... |
2020 |
| Kayla Race |
A PERFECT STORM: ENVIRONMENTAL JUSTICE AND AIR QUALITY IMPACTS OF OFFSHORE OIL AND GAS DEVELOPMENT IN THE ARCTIC OUTER CONTINENTAL SHELF |
38 UCLA Journal of Environmental Law & Policy 105 (2020) |
The Arctic Outer Continental Shelf is the next great legal battleground over oil and gas resources, environmental protection, and environmental justice. The Arctic is home to an array of sensitive ecological resources and a large Native Alaskan population that relies heavily on the natural environment for food and supplies. The Arctic Ocean also... |
2020 |
| Jayesh Patel , Steph Tai |
A SCAFFOLDING APPROACH TO ENVIRONMENTAL JUSTICE |
97 University of Detroit Mercy Law Review 471 (Spring, 2020) |
471 Introduction. 472 I. The Scaffolding Approach in Community-Based Organizing. 473 A. Creation of Opportunities for Storytelling and Engagement in the Political Process. 475 B. Focus on Visible Rallying and Polarizing Points For Movements. 476 C. Use of Structures and Deadlines for Galvanizing Nascent Campaigns Post-Litigation. 477 II.... |
2020 |
| Russell Armstrong |
A SILVER BULLET: COULD DATA LINKING URBAN HEAT ISLANDS TO HOUSING DISCRIMINation CURTAIL ENVIRONMENTAL RACISM? |
20 Sustainable Development Law & Policy 22 (Spring, 2020) |
[A]ll things share the same breath--the beast, the tree, the man . the air shares its spirit with all the life it supports. Google Chief Seattle and you will likely find that quote. We now know it is a work of fiction after several misinterpretations and fabrications of Dr. Henry Smith's original translation. We also know now that all people,... |
2020 |
| Luis Inaraja Vera |
ASSESSING THE PERFORMANCE OF VOLUNTARY ENVIRONMENTAL PROGRAMS |
2020 Utah Law Review 795 (2020) |
In recent years, government agencies have increasingly relied on voluntary programs to achieve a variety of goals, from improving worker safety to creating healthier living conditions in urban areas. This type of government initiative is based on a bargain between the agency and private citizens: the government provides certain incentives--economic... |
2020 |
| David M. Uhlmann |
BACK TO THE FUTURE: CREATING A BIPARTISAN ENVIRONMENTAL MOVEMENT FOR THE 21ST CENTURY |
50 Environmental Law Reporter (ELI) 10800 (October, 2020) |
On a clear day, you can see Chicago, my father insisted. I squinted. It was the early 1970s, and all I could see across Lake Michigan were the steel mills and oil refineries that dotted the Indiana coast, belching thick fumes into the air. My father had been coming to the shores of Lake Michigan since the 1940s, when his parents built a small... |
2020 |
| Allison N. Kruschke |
CHALLENGING LAND CONTRACTING ON THE BASIS OF DISPARATE IMPACT AFTER TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS v. INCLUSIVE COMMUNITIES PROJECT, INC.: A VIABLE OPTION OR A DEAD END? |
2020 Michigan State Law Review 547 (2020) |
C1-2Table of Contents Introduction. 548 I. Land Contracts and Their History in the United States. 556 A. The Nature and Governance of Land Contracts. 557 B. The Predatory Nature of Land Contracts Versus Traditional Mortgages. 560 1. Land Contracts and Their Differences from Mortgages. 560 2. The Conditions of Homes Sold Via Land Contract and Unjust... |
2020 |
| |
CHAPTER FOUR ALOHA 'INA: NATIVE HAWAIIAN LAND RESTITUTION |
133 Harvard Law Review 2148 (April, 2020) |
When I speak at this time of the Hawaiian people, I refer to the children of the soil--the native inhabitants of the Hawaiian Islands and their descendants. --Queen Lili'uokalani Mauna Kea, a dormant volcano on the island of Hawai'i, is home to sacred practices of the Native Hawaiian people--including the burial of sacred ancestors --and, of more... |
2020 |
| Jessica Grannis |
COMMUNITY-DRIVEN CLIMATE SOLUTIONS: HOW PUBLIC-PRIVATE PARTNERSHIPS WITH LAND TRUSTS CAN ADVANCE CLIMATE ACTION |
44 William and Mary Environmental Law and Policy Review 701 (Spring, 2020) |
In 2018 and 2019, several landmark developments demonstrated the failings of past efforts to address climate change and the need for new and more ambitious solutions. In October 2018, the Intergovernmental Panel on Climate Change (IPCC) released a dire report indicating that the window is rapidly closing for countries to dramatically reduce... |
2020 |
| Justin R. Pidot |
COMPENSATORY MITIGATION AND PUBLIC LANDS |
61 Boston College Law Review 1045 (March, 2020) |
Introduction. 1046 I. Compensatory Mitigation in Context. 1055 A. Locating Mitigation as a Doctrine to Offset Harm. 1056 B. Developing Principles of Environmental Mitigation. 1058 C. Changing Tides of Compensatory Mitigation on Public Lands. 1062 II. Development of Public Land Law. 1069 A. Shifting Paradigms for Public Lands. 1069 B. Managing Under... |
2020 |
| Wyatt G. Sassman |
CRITICAL QUESTIONS IN ENVIRONMENTAL LAW |
97 University of Detroit Mercy Law Review 487 (Spring, 2020) |
I. Introduction. 487 II. Critical Questions in Environmental Law. 491 A. Shaky Foundations. 491 B. Environmental Justice. 493 C. Climate Change. 497 III. Critical Movements and Law's Role. 501 A. CLS's Influences. 501 B. Law and Reform After CLS. 503 IV. Lessons for Environmental Law. 505 V. Conclusion. 507 |
2020 |
| Sammy Matsaw , Dylan Hedden-Nicely , Barbara Cosens |
CULTURAL LINGUISTICS AND TREATY LANGUAGE: A MODERNIZED APPROACH TO INTERPRETING TREATY LANGUAGE TO CAPTURE THE TribE'S UNDERSTANDING |
50 Environmental Law 415 (Spring, 2020) |
Language is a reflection of a thought world. A worldview that has been shaped by place to describe one's identity in space and time does not equate to species relatedness as a default to know one another. In the legal system of the United States, there is acknowledgement of treaties in colonized lands that there are rights granted from the tribes... |
2020 |