| Author | Title | Citation | Summary | Year |
| 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 |
| Barry Yeoman |
ENVIRONMENTAL JUSTICE AND THE DISPARATE IMPACT OF NORTH CAROLINA INDUSTRIAL-SCALE HOG FARMING ON MINORITY COMMUNITIES (ADAPTED TRANSCRIPTION) |
14 University of St. Thomas Journal of Law & Public Policy 82 (December, 2020) |
Charles Reid reached out to me after I wrote a series of articles about the impact of industrial-scale hog farming in North Carolina. He felt it was important to look at rural environmental-justice struggles, partly as a reminder that poverty is not simply an urban issue. To appreciate what is happening right now in rural Eastern North Carolina, I... |
2020 |
| Charles Isaacs |
ENVIRONMENTAL JUSTICE IN LITTLE VILLAGE: A CASE FOR REFORMING CHICAGO'S ZONING LAW |
15 Northwestern Journal of Law & Social Policy 357 (Spring, 2020) |
Chicago's Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village's Crawford coal-burning power plant... |
2020 |
| Eli Woods |
ENVIRONMENTAL RACISM IN THE AGE OF COVID-19 |
26 Public Interest Law Reporter 94 (Fall, 2020) |
As the COVID-19 pandemic has swept the world leaving millions infected, hundreds of thousands dead, and most economies in tatters, a question that has gone largely unanswered is whether toxic air pollution has been a culprit in helping spread the virus. What effects, if any, have high levels of toxic air pollution in communities of color had on the... |
2020 |
| Barry E. Hill |
ENVIRONMENTAL RIGHTS, PUBLIC TRUST, AND PUBLIC NUISANCE: ADDRESSING CLIMATE INJUSTICES THROUGH STATE CLIMATE LIABILITY LITIGATION |
50 Environmental Law Reporter (ELI) 11022 (December, 2020) |
This Article focuses on an area of rapidly evolving jurisprudence--climate liability litigation. It examines in depth the state attorney general's complaint filed in Rhode Island v. Chevron Corp. in 2018, alleging various state-law tort claims. It explores the intensely sustained legal battles taking place between states and fossil fuel companies... |
2020 |
| Rachael Jaffe |
EQUITY & ECOLOGY IN SOUTH AFRICAN WATER SYSTEMS |
23 University of Denver Water Law Review 147 (Spring, 2020) |
The South African Constitution promises food, water, and shelter to every South African--three essentials to human life. Yet, not everyone in South Africa has access to these imperative basics. South Africa's idealistic Constitution guarantees the right to sufficient food and water and access to adequate housing. However, despite this promise,... |
2020 |
| Joshua Ozymy , Melissa L. Jarrell |
EXPLORING THE ROLE OF VICTIMS IN FEDERAL ENVIRONMENTAL CRIME PROSECUTIONS, 1983-2019 |
57 Willamette Law Review 25 (Fall, 2020) |
While individuals are victimized directly or as a consequence of environmental crimes in the United States, little is known about these victims or the role their victimization plays in federal environmental crime prosecutions. Through content analysis of 2,588 of the Environmental Protection Agency's criminal prosecution case summaries, 1983-2019,... |
2020 |
| Dani L. Replogle |
FORECASTING CLIMATE CHAOS: NEPA'S ROLE IN COUNTERING FOSSIL FUEL EXTRACTION ON PUBLIC LANDS |
50 Environmental Law 523 (Spring, 2020) |
This Comment dissects an influential line of cases out of the Tenth Circuit in order to better understand how courts are holding federal agencies accountable for the climatic effects of fossil fuel extraction on public lands. While the judiciary is beginning to require that agencies quantify downstream emissions and consider the impacts of these... |
2020 |
| Elena D. Gartner |
FROM CIVIL RIGHTS TO HUMAN RIGHTS: THE PANDEMIC'S AFTERMATH REQUIRES ENVIRONMENTAL AND REPRODUCTIVE JUSTICE MECHANISMS TO REINFORCE GLOBAL PUBLIC HEALTH |
24 Human Rights Brief 42 (Summer, 2020) |
C1-2Table of Contents Introduction. 43 I. There Are Shared Strategic Interests Between Environmental and Reproductive Justice Movements.. 44 II. The Reproductive and Environmental Justice Movements Breathe Life into International Environmental Legal Efforts.. 46 III. Tackling Global Health, Environmental, and Reproductive Injustice Is Possible... |
2020 |
| Diana Stanley |
HATCHING A PLAN FOR LOCAL COMMUNITIES: ENVIRONMENTAL JUSTICE IN POULTRY SITING DECISIONS |
10 Washington Journal of Environmental Law & Policy 32 (June, 2020) |
One of the implementation problems for environmental justice is reconciling the need to protect public health with the economic realities of struggling communities. This article explores that tension through the lens of siting decisions for large scale poultry operations in rural communities. Poultry siting decisions have major economic and... |
2020 |
| Kenneth Stahl |
HOME RULE AND STATE PREEMPTION OF LOCAL LAND USE CONTROL |
50 Urban Lawyer 179 (2020) |
Though local governments have historically made most land-use decisions, the housing crisis now gripping many parts of the country has caused state legislatures in places like California, Oregon, Maryland, and Virginia to consider a more assertive role in regulating land use, preempting some local authority. The conflict between states and... |
2020 |
| Lauren E. Bartlett |
HUMAN RIGHTS GUIDANCE FOR ENVIRONMENTAL JUSTICE ATTORNEYS |
97 University of Detroit Mercy Law Review 373 (Spring, 2020) |
I. Introduction. 374 II. Historical Context. 378 i. Environmental Justice Movement. 379 ii. Movement for Environmental Human Rights. 386 III. Environmental Human Rights Law: An Overview. 392 i. Treaties. 394 ii. Customary International Law. 397 iii. Constitutions and Statutes. 399 iv. Case Law. 404 1. Inter-American Human Rights System. 405 2.... |
2020 |
| Nadiyah J. Humber |
IN WEST PHILADELPHIA BORN AND RAISED OR MOVING TO BEL-AIR? RACIAL STEERING AS A CONSEQUENCE OF USING RACE DATA ON REAL ESTATE WEBSITES |
17 Hastings Race and Poverty Law Journal 133 (Winter, 2020) |
Current fair housing laws are not entirely equipped to deal with issues of housing discrimination on the internet, particularly the practice of racial steering, where a homebuyer is directed away from certain communities based on racial demographics. Courts interpret these kind of steering claims as requiring a showing of discriminatory intent, yet... |
2020 |
| Kylie M. Allen |
IndigenOUS NUCLEAR INJURIES AND THE RADIATION EXPOSURE COMPENSATION ACT (RECA): REFRAMING COMPENSATION TOWARD IndigenOUS-LED ENVIRONMENTAL REPARATIONS |
10 Arizona Journal of Environmental Law & Policy 264 (Spring, 2020) |
Indigenous Nations have borne a wide array of harms as a result of U.S. nuclear policy. The extraction and processing of nuclear materials and testing of nuclear weapons have caused extensive health problems for Indigenous Peoples. Given that most nuclear facilities are located on tribal and traditional lands, Indigenous Peoples have been... |
2020 |
| Alyson C. Flournoy |
INTEGRATIVE ENVIRONMENTAL LAW: A PRESCRIPTION FOR LAW IN THE TIME OF CLIMATE CHANGE |
30 Duke Environmental Law and Policy Forum 225 (Spring, 2020) |
As the magnitude of the threat posed by climate change has become increasingly apparent, scholars and practitioners have begun a dialogue about how to reform environmental law to meet the challenge. Concepts like adaptive management, sustainability, and resilience have emerged in succession, as policy makers and scholars search for new moorings for... |
2020 |
| Dana Zartner, JD, LLM, Ph.D. |
JUSTICE FOR JURISTAC: USING INTERNationAL AND COMPARATIVE LAW TO PROTECT IndigenOUS LANDS |
18 Santa Clara Journal of International Law 175 (June 3, 2020) |
Battles between extractivist industries and indigenous peoples and environmentalists are raging around the world, as well as in our own backyard. At the southern end of the Santa Cruz Mountains in an area called Sargent Ranch, the Amah Mutsun Tribal Band is currently fighting to prevent the creation of a sand and gravel mine on their sacred lands.... |
2020 |
| Coty Montag |
LIEN IN: CHALLENGING MUNICIPALITIES' DISCRIMINATORY WATER PRACTICES UNDER THE FAIR HOUSING ACT |
55 Harvard Civil Rights-Civil Liberties Law Review 199 (Winter, 2020) |
Our nation's failing infrastructure and cities' financial woes have led to a dramatic rise in the cost of water across the United States. Many families are unable to pay these higher bills and face disproportionately harsh consequences as a result. While laws vary by jurisdiction, some municipalities place liens on homes for unpaid water debt. Once... |
2020 |
| Michael T. Olexa , Lauren Hill , Travis M. Walker , Damian C. Adams |
LIMITATIONS TO STATEWIDE REACH OF LAND GRANT UNIVERSITIES - FLORIDA AS A CAUTIONARY TALE |
25 Drake Journal of Agricultural Law 323 (Fall, 2020) |
324 I. Introduction. 324 II. The Creation of the Land Grant College System. 327 A. Justin Morrill's Personal Struggles to Achieve Upper-Level Education. 328 B. The Morrill Act of 1862. 329 C. The Morrill Act of 1890. 333 D. Extending the Land Grant College Beyond the Four Walls of the School--The Hatch Smith-Lever Acts. 337 1. The... |
2020 |
| Lily Grisafi |
LIVING IN THE BLAST ZONE: SEXUAL VIOLENCE PIPED ONTO NATIVE LAND BY EXTRACTIVE INDUSTRIES |
53 Columbia Journal of Law and Social Problems 509 (Summer, 2020) |
Native American women around the country, and particularly those living near extractive industries, face an epidemic of sexual violence. The high rates of violence against Native women are due in large part to the lack of liability for those most responsible. Flaws in United States and tribal criminal justice systems create de facto jurisdictional... |
2020 |
| Sarah Fox |
LOCALIZING ENVIRONMENTAL FEDERALISM |
54 U.C. Davis Law Review 133 (November, 2020) |
Local environmental initiatives have gained attention and importance in the face of inaction by the federal government and many states. In taking these initiatives, local governments are not only furthering environmental protections, but also fulfilling an important federalism function. Environmental federalism theory has long highlighted the... |
2020 |
| Sarah Dávila-Ruhaak |
MAKING A CASE FOR THE RIGHT TO A HEALTHY ENVIRONMENT FOR THE PROTECTION OF VULNERABLE COMMUNITIES: A CASE OF COAL-ASH DISASTER IN PUERTO RICO |
9 Michigan Journal of Environmental & Administrative Law 379 (Spring, 2020) |
The connection between the environment and human rights is not a surprising one. The enjoyment of human rights depends on a person's ability to live free from interference and to have his or her rights protected. The interdependence of human rights and the protection of the environment is manifested in the full and effective enjoyment of the right... |
2020 |
| Zora Djenohan |
MAKING WAY FOR UNJUST ENRICHMENT IN ENVIRONMENTAL JUSTICE LITIGATION |
67 Loyola Law Review 223 (Fall, 2020) |
C1-2TABLE OF CONTENTS INTRODUCTION. 223 I. ENVIRONMENTAL JUSTICE: NATIONAL AND LOCAL IMPLICATIONS. 225 II. THE LEGAL THEORY OF UNJUST ENRICHMENT. 234 A. Historical Roots of Unjust Enrichment. 234 B. Unjust Enrichment in the Environmental Litigation Context. 237 III. MAKING A PATH FOR THE POLLUTION EASEMENT: UNJUST ENRICHMENT IN LOUISIANA. 240... |
2020 |
| Coty Montag |
MUNICIPAL POWER AND RACIAL INJUSTICE: SOLUTIONS FOR WATER DISCRIMINation |
34-SPG Natural Resources & Environment 16 (Spring, 2020) |
Albert Pickett, a Black man and lifelong resident of East Cleveland, Ohio, has lived without running water in his home for six years. Pickett v. City of Cleveland, No. 19-cv-2911, Complaint at 23 (N.D. Ohio Dec. 18, 2019), naacpldf.org/wp-content/uploads/Pickett-Filed-Complaint.pdf. His sole income is disability benefits. Pickett owns and lives in... |
2020 |
| Martin A. McCrory , Anjanette H. Raymond |
NAVIGATING MURKY WATERS: THE RISE AND FALL OF CLEAN WATER PROTECTION IN THE UNITED STATES |
29 Southern California Review of Law & Social Justice 143 (Summer, 2020) |
In rivers, the water that you touch is the last of what has past and the first of that which comes . According to water quality and monitoring violations from the Environmental Protection Agency (EPA), an estimated 63 million people in America were exposed to potentially unsafe water more than once during the past decade. These failures have... |
2020 |
| Joshua Ozymy , Melissa L. Jarrell |
OF SEX CRIMES AND FENCELINES: HOW RECOGNITION OF ENVIRONMENTAL JUSTICE COMMUNITIES AS CRIME VICTIMS UNDER STATE AND FEDERAL LAW CAN HELP SECURE ENVIRONMENTAL JUSTICE |
38 Pace Environmental Law Review 109 (Fall, 2020) |
Environmental justice communities throughout the United States continue to face disproportionate health burdens from living near industrial sources of pollution. Such burdens were caused by historically racist public policies and continue to be perpetuated by inadequate regulatory responses at the federal and state level. State and federal law has... |
2020 |
| Michael Chachura |
OLD PIPES IN BRICK CITY: EQUAL PROTECTIONS & THE NEWARK WATER CRISIS |
22 Rutgers Race & the Law Review 123 (2020) |
This note addresses the current water crisis in Newark, New Jersey and the unique ways in which the crisis can be solved. Residents of Newark have been harmed by the crisis and can employ environmental justice and constitutional principles to seek relief. These environmental justice principles could also be applied to other cities when this... |
2020 |
| Sacred B. Huff |
OVERCOMING ENVIRONMENTAL RACISM: A LESSON FROM THE VOTING RIGHTS ACT OF 1965 |
11 George Washington Journal of Energy & Environmental Law 22 (Summer, 2020) |
By March 2016, the Flint, Michigan Water Crisis dominated national news. Headlines describing how the city's drinking water had become lead-contaminated after local officials switched the city's water source to save money sparked a new round of conversation about the regulation of pollution. Yet, environmental justice advocates maintain that... |
2020 |
| Lily Grisafi |
PROSECUTING INTERNationAL ENVIRONMENTAL CRIME COMMITTED AGAINST IndigenOUS PEOPLES IN BRAZIL |
5 Columbia Human Rights Law Review Online 26 (November 10, 2020) |
This Article investigates current international environmental crimes perpetrated against the indigenous peoples of the Brazilian Amazon and details how and why these crimes must be investigated and prosecuted at the International Criminal Court (ICC). First, this Article illustrates the severity of the environmental crimes in the Brazilian Amazon,... |
2020 |
| Henry Holmes |
PROTECTING WETLANDS: ENVIRONMENTAL FEDERALISM AND GRASSROOTS CONSERVATION IN THE PRAIRIE POTHOLE REGION |
10 Arizona Journal of Environmental Law & Policy 365 (Summer, 2020) |
Wetlands provide a multitude of benefits including flood protection, clean water, carbon sequestration, and critical species habitat. Given that wetlands are valuable natural resources, it is important to better understand the extent to which federal regulation impacts optimal wetlands conservation. Where federal regulation under the 2015 Clean... |
2020 |
| Jack Brooksbank |
PUBLIC HEALTH vs. PUBLIC HEALTH: BALANCING ENVIRONMENTAL CONCERNS WITH THE NEED FOR STERILE MEDICAL DEVICES |
21 Minnesota Journal of Law, Science & Technology 441 (September 11, 2020) |
In December 2016, the Environmental Protection Agency (EPA) upgraded the hazard level of a chemical called ethylene oxide (ETO) from a probable human carcinogen to a human carcinogen. Less than two years later, the EPA made public that it had found an elevated risk of cancer in the town of Willowbrook, Illinois. Willowbrook is a village on the... |
2020 |
| Leora Friedman |
RECOMMENDING JUDICIAL RECONSTRUCTION OF TITLE VI TO CURB ENVIRONMENTAL RACISM: A RECKLESSNESS-BASED THEORY OF DISCRIMINATORY INTENT |
32 Georgetown Environmental Law Review 421 (Winter, 2020) |
Environmental racism involves the federal government's sponsorship or licensing of private entities that discharge environmental hazards (such as air pollution flowing from nuclear power plants) in communities largely comprised of minority races or ethnicities. It also includes federal funding of state agencies involved with these private projects.... |
2020 |