| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Jonathan Rosenbloom |
REDUCING RACIAL BIAS EMBEDDED IN LAND USE CODES |
26 CITYLAW 49 (2020) |
Even though the Supreme Court struck down race-based land use controls over a hundred years ago in Buchanan v. Warley, 245 U.S. 60 (1917) it has long been known that zoning continues to create or increase racial and economic segregation. Today communities across the U.S. are reexamining their zoning regulations to create more equal, equitable,... |
2020 |
|
| Meghan Knapp |
ROMANI WOMEN'S RIGHT TO WATER: BRINGING INTERSECTIONAL DISCRIMINation CLAIMS IN THE E.U. |
29 Minnesota Journal of International Law 151 (Spring, 2020) |
Water, water every where, nor any drop to drink. Coleridge's famous words reflected the situation of sailors on a ship, but the words hold true for the situation of many on land today. 2.1 billion people lack access to safe drinking water at home, and by 2025, half of the world will live in a water-stressed area. While the mind may more readily... |
2020 |
|
| Thomas O. McGarity |
SUPPLEMENTAL ENVIRONMENTAL PROJECTS IN COMPLEX ENVIRONMENTAL LITIGATION |
98 Texas Law Review 1405 (June, 2020) |
After an anonymous source tipped the Environmental Protection Agency (EPA) off to a site operated by the Massachusetts Highway Department (MHD) containing unlabeled barrels, corroded drums, and stained soil, EPA found similar conditions at several MHD disposal sites that violated state and federal environmental laws. An EPA enforcement official... |
2020 |
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| Karen J. Pita Loor |
TEAR GAS + WATER HOSES + DISPERSAL ORDERS: THE FOURTH AMENDMENT ENDORSES BRUTALITY IN PROTEST POLICING |
100 Boston University Law Review 817 (May, 2020) |
Thirty years ago, in Graham v. Connor, the Supreme Court determined that excessive-force claims against police should proceed via the Fourth Amendment, which theoretically protects an individual against unreasonable siezures. However, the Court showed extreme deference to law enforcement's use of force by using a permissive reasonableness analysis... |
2020 |
|
| Rebecca Bratspies |
'TERRITORY IS EVERYTHING': AFRO-COLOMBIAN COMMUNITIES, HUMAN RIGHTS AND ILLEGAL LAND GRABS |
4 Columbia Human Rights Law Review Online 290 (May 27, 2020) |
In Colombia, the struggle over land rights often pits the cultural and economic interests of indigenous and marginalized peoples against the governments that are supposed to protect their rights under law. Rural Afro-Colombian women seeking to vindicate their land rights find themselves at the mercy of multiple vectors of discrimination: they are... |
2020 |
|
| Kenneth R. Davis |
THE "SEVERE AND PERVERS-IVE" STANDARD OF HOSTILE WORK ENVIRONMENT LAW: BEHOLD THE MOTIVATING FACTOR TEST |
72 Rutgers University Law Review 401 (Winter, 2020) |
C1-2Table of Contents Introduction. 402 I. Individual Disparate Treatment Law. 407 A. Dual Tracks for Resolving Individual Disparate Treatment Cases. 408 1. McDonnell Douglas Corp. v. Green: Pretext Cases. 408 2. Price Waterhouse v. Hopkins: Mixed-Motive Cases. 410 3. The Civil Rights Act of 1991: Codification of the Motivating Factor Test. 414 4.... |
2020 |
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| Hope M. Babcock |
THE CURRENT ROLE OF THE ENVIRONMENT IN REINFORCING ACTS OF DOMESTIC TERRORISM: HOW FEAR OF A CLIMATE CHANGE APOCALYPSE MAY STRENGTHEN RIGHT-WING HATE GROUPS |
38 Virginia Environmental Law Journal 207 (2020) |
Right-wing extremist organizations, like white supremacists and nativists, are using the environment as a rallying cry to gain supporters of their anti-social agendas. Apocalyptic rhetoric about climate change and the lack of action to combat it has frightened some people into accepting the simplistic, violent worldview of these groups. Although... |
2020 |
|
| Scott Murphy |
THE DEVELOPMENT OF IndigenOUS ENVIRONMENTAL LAW IN THE UNITED STATES: FROM THE NINETEENTH CENTURY TO THE DAKOTA ACCESS PIPELINE CONTROVERSY |
10 Chicago-Kent Journal of Environmental and Energy Law 60 (Fall, 2020) |
The area of Indigenous land rights highlights the intersection of environmental law and human rights law. This is due to the intimate connection many Indigenous communities perceive between themselves and nature. Indigenous peoples have struggled to achieve justice through the modern legal system, due in good part to the unreceptiveness of Western... |
2020 |
|
| Bain Attwood |
THE LIMITS OF THE LAW IN CLAIMING RIGHTS TO LAND IN A SETTLER COLONY: SOUTH AUSTRALIA IN THE EARLY-TO-MID NINETEENTH CENTURY |
38 Law and History Review 631 (November, 2020) |
In the closing decades of the twentieth century, as indigenous peoples in the United States, Canada, Australia, and New Zealand increasingly filed legal suits to regain their lands or win compensation for lands that they had lost, scholars increasingly devoted themselves to the task of explaining the ways in which European powers had laid claim to... |
2020 |
|
| Brigham Daniels , Andrew P. Follett , Joshua Davis |
THE MAKING OF THE CLEAN AIR ACT |
71 Hastings Law Journal 901 (May, 2020) |
The 1970 Clean Air Act is arguably Congress' most important environmental enactment. Since it became law fifty years ago, much could be and has been said about how it has changed both the physical environment and the contours of environmental law. Much less, however, has been written on the genesis of the Act itself. Where its history is discussed,... |
2020 |
|
| Jack Davis |
THE PUBLIC USE OF REPARATIONS: HOW LAND-BASED REPARATIONS CAN SATISFY THE PUBLIC USE REQUIREMENT OF THE TAKINGS CLAUSE |
104 Minnesota Law Review 2105 (April, 2020) |
Emancipation, one of our nation's boldest and most morally profound acts, rested upon the hope that a dramatic reconception of property would take root. Almost four million African Americans gained the rights and remedies of personhood, no longer to be property. This transformation also carried with it one of our nation's most enduring property... |
2020 |
|
| Gayathri D. Naik |
THE RIGHT TO A CLEAN ENVIRONMENT IN INDIA: GENDER PERSPECTIVE |
21 Vermont Journal of Environmental Law 371 (Spring, 2020) |
I. Introduction. 372 II. Right to Environment: Content and Context. 374 A. A Substantive Right. 375 1. Right to a Clean Environment as a Constitutional Right. 376 2. Right to a Clean Environment as a Human Right. 379 B. Procedural Right. 382 1. Access to Information. 384 2. Public Participation. 385 3. Access to Justice. 387 C. The Right to a Clean... |
2020 |
|
| Laurence Boisson de Chazournes |
THE SUSTAINABLE DEVELOPMENT GOALS (SDGS) AND THE RULE OF LAW: A PROPOS SDG 6 ON ACCESS TO WATER AND SANITATION |
114 American Society of International Law Proceedings 143 (June 25-26, 2020) |
The rule of law and the Sustainable Development Goals (SDGs) are mutually supportive. Respect for the rule of law is indeed crucial for development issues. The 2030 Agenda for Sustainable Development itself acknowledges, through SDG 16, that access to justice and the rule of law foster sustainable development. The latter ensures that all... |
2020 |
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| Katrina M. Wyman, Danielle Spiegel-Feld |
THE URBAN ENVIRONMENTAL RENAISSANCE |
108 California Law Review 305 (April, 2020) |
City governments were an important source of environmental protection in the United States from the 1800s until well into the 1900s. However, since Congress passed a series of landmark environmental statutes in the 1970s, scholars have primarily equated environmental law with federal law. To the extent that scholars consider subnational sources of... |
2020 |
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| Erin M. Hodgson |
THIRSTY FOR JUSTICE: HOW THE FLINT WATER CRISIS HIGHLIGHTS THE INSUFFICIENCY OF THE CITIZEN SUIT PROVISION OF THE SAFE DRINKING WATER ACT |
44 Southern Illinois University Law Journal 347 (Winter, 2020) |
In 1974, the Safe Drinking Water Act was enacted in order to protect the quality of drinking water in the United States. Like many pieces of environmental legislation at the time, it included a citizen suit provision, an avenue by which ordinary citizens could seek to ensure compliance with the Act and safeguard their ability to access safe... |
2020 |
|
| K-Sue Park |
THIS LAND IS NOT OUR LAND |
87 University of Chicago Law Review 1977 (October, 2020) |
The story of our relationship to the earth is written more truthfully on the land than on the page. It lasts there. The land remembers what we said and what we did. -Robin Wall Kimmerer, Braiding Sweetgrass 341 (Milkweed 2013) The land and the wealth that began in it still carry the shape of history .. The land remembers. But what do we remember... |
2020 |
|
| Sophia Sepúlveda Harms |
TOWARD A GREEN NEW TREATY DEAL: REFORMS TO ISDS AMID ENVIRONMENTAL CRISIS |
58 Houston Law Review 479 (Fall, 2020) |
Foreign investment has played a pivotal role in contributing to economic growth. As a result, developing countries continue to shape their policies to remain an attractive target for investment. As the number of foreign investments has increased, so too have the number of investment disputes, resulting in billions of dollars in awards against host... |
2020 |
|
| Annie Brett |
TRANSBOUNDARY WATERS |
44 Harvard Environmental Law Review 473 (2020) |
In 2018, toxic algae spread from Lake Okeechobee through the State of Florida, leading to a state of emergency and costing the state over $17 million. Similar toxic algal blooms have become an annual occurrence throughout the country and highlighted the pervasive issues with the U.S. water supply. Inadequate and incomplete monitoring data means... |
2020 |
|
| Robert W. Adler |
TRANSLATIONAL ECOLOGY AND ENVIRONMENTAL LAW |
50 Environmental Law 703 (Summer, 2020) |
Translational ecology is a comparatively new approach to the pursuit of ecology and other environmental sciences, the implications of which for environmental law have not previously been explored significantly. Emulating the concepts of translational medicine, proponents of translational ecology seek to increase the relevance of their research of... |
2020 |
|
| Jonathan H. Adler |
UNCOOPERATIVE ENVIRONMENTAL FEDERALISM 2.0 |
71 Hastings Law Journal 1101 (June, 2020) |
As a presidential candidate, Donald Trump promised to curtail federal environmental regulation and empower the states. Has the Trump Administration made good on these pledges to reinvigorate cooperative federalism and constrain environmental regulatory overreach by the federal government? Perhaps less than one would think. This Essay provides a... |
2020 |
|
| Albert C. Lin |
UNCOOPERATIVE ENVIRONMENTAL FEDERALISM: STATE SUITS AGAINST THE FEDERAL GOVERNMENT IN AN AGE OF POLITICAL POLARIZATION |
88 George Washington Law Review 890 (July, 2020) |
The conventional account of most U.S. environmental regulation goes something like this: cooperative federalism schemes accommodate state and federal interests while tapping into the respective strengths of centralized and decentralized regulation. In cooperative federalism arrangements, the federal government sets minimum environmental standards... |
2020 |
|
| Heidi R. Weimer |
UP THE ETHICAL CREEK WITHOUT A PADDLE: HOW IMPOSSIBLE DEMANDS ON PLAINTIFFS' ATTORNEYS IN THE FLINT WATER CRISIS CLASS ACTIONS DEMONSTRATE THE NEED TO REDEFINE ETHICAL DUTIES IN MASS TORT CASES |
33 Georgetown Journal of Legal Ethics 855 (Summer, 2020) |
The American public is familiar with the Flint Water Crisis (the crisis, or FWC)--the general causes, the impact, and the injustice. It has been a hot topic over the past several years with multiple documentaries, books, and news accounts providing platforms for residents' stories of being poisoned by lead in their city's water. While the... |
2020 |
|
| Dr. Waseem Ahmad Qureshi |
WATER RESOURCES IN THE ANTHROPOCENE: CAUSE FOR WAR OR COOPERATION? |
30 Minnesota Journal of International Law 43 (Fall, 2020) |
With the collective effect of the ever-growing human population, deterioration of water quality, increased pollution, climate change, the changing water cycle, increased water scarcity, and intense competition for freshwater resources, it is predicted that wars in the future will be fought over freshwater instead of oil. A race to construct mega... |
2020 |
|
| Matthew McKerley |
WATER, WATER EVERYWHERE? ESTABLISHING A PUBLIC TRUST IN GROUNDWATER TO ADDRESS AGRICULTURAL POLLUTION IN CALIFORNIA |
43-SPG Environs Environmental Law and Policy Journal 163 (Spring, 2020) |
Unbeknownst to some, thousands of residents in California's San Joaquin Valley lack access to clean drinking water, which carries very real economic and human costs. The problems encountered by residents in the Valley disproportionately affect poor communities and communities of color. The issue thus falls directly within larger problems... |
2020 |
|
| Chiara Pappalardo |
WHAT A DIFFERENCE A STATE MAKES: CALIFORNIA'S AUTHORITY TO REGULATE MOTOR VEHICLE EMISSIONS UNDER THE CLEAN AIR ACT AND THE FUTURE OF STATE AUTONOMY |
10 Michigan Journal of Environmental & Administrative Law 169 (Fall, 2020) |
Air pollutants from motor vehicles constitute one of the leading sources of local and global air degradation with serious consequences for human health and the overall stability of Earth's climate. Under the Clean Air Act (CAA), for over fifty years, the state of California has served as a national laboratory for the testing of technological... |
2020 |
|
| Lolita Buckner Inniss |
WHILE THE WATER IS STIRRING: SOJOURNER TRUTH AS PROTO-AGONIST IN THE FIGHT FOR (Black) WOMEN'S RIGHTS |
100 Boston University Law Review 1637 (October, 2020) |
This Essay argues for a greater understanding of Sojourner Truth's little-discussed role as a proto-agonist (a marginalized, long-suffering forerunner as opposed to a protagonist, a highly celebrated central character) in the process that led up to the passage of the Nineteenth Amendment. Though the Nineteenth Amendment failed to deliver on its... |
2020 |
|
| Eric Shupin |
ZONING REFORMS NEEDED TO DISMANTLE DISCRIMINATORY LAND USE AND BUILD MORE AFFORDABLE HOUSING |
64-SPG Boston Bar Journal 5 (Spring, 2020) |
Discriminatory government policies in zoning and land use over the last 50 years have intentionally created racially segregated communities with concentrated areas of poverty. More than a half-century since passage of the Fair Housing Act of 1968, even as metropolitan areas diversify, white Americans still live in mostly white neighborhoods. In... |
2020 |
|
| Erin Mette |
A CONSTITUTIONAL RIGHT TO SAFE, AFFORDABLE, ACCESSIBLE DRINKING WATER |
32 Tulane Environmental Law Journal 189 (Summer, 2019) |
I. Introduction. 189 II. Background. 190 A. In re City of Detroit. 190 B. Boler v. Earley. 193 III. Analysis. 197 A. Violation of Substantive Due Process. 198 B. Violation of the Equal Protection Clause. 201 IV. Conclusion. 203 |
2019 |
|
| Grant Glovin |
A MOUNT LAUREL FOR CLIMATE CHANGE? THE JUDICIAL ROLE IN REDUCING GREENHOUSE GAS EMISSIONS FROM LAND USE AND TRANSPORTATION |
49 Environmental Law Reporter News & Analysis 10938 (October, 2019) |
Greenhouse gas emissions from transportation in the United States have remained persistently high. One cause is common low-density land use patterns that make most Americans dependent on automobiles. Reducing these emissions requires increasing density, which U.S. local government law makes difficult to achieve through the political process. Mount... |
2019 |
|
| Charlotte E. Blattner , Odile Ammann |
AGRICULTURAL EXCEPTIONALISM AND INDUSTRIAL ANIMAL FOOD PRODUCTION: EXPLORING THE HUMAN RIGHTS NEXUS |
15 Journal of Food Law & Policy 92 (Fall, 2019) |
The host of negative effects of animal agriculture on the immediate environment, workers, and local communities are well-documented, yet little is known about the global repercussions of animal agriculture, especially on human rights guarantees. This contribution attempts to begin filling this soaring gap. It examines the nexus between industrial... |
2019 |
|
| Robert W. Adler |
COEVOLUTION OF LAW AND SCIENCE: A CLEAN WATER ACT CASE STUDY |
44 Columbia Journal of Environmental Law 1 (January 17, 2019) |
I. Introduction. 2 A. Science and Regulation. 2 B. Competing Models of Science and Regulation. 5 II. The Role of Biological Water Quality Criteria (Biocriteria) in the Clean Water Act. 10 A. The Statutory Background. 10 1. CWA Statutory Objective and Subsidiary Goals. 11 2. The Qualified Discharge Ban. 12 B. Water Quality Standards. 15 1. Water... |
2019 |
|
| Shannon Roesler |
COMPETITIVE FEDERALISM: ENVIRONMENTAL GOVERNANCE AS A ZERO-SUM GAME |
49 Environmental Law Reporter News & Analysis 10858 (September, 2019) |
When the major pollution control laws were passed in the 1970s, there was growing consensus that federal environmental regulations were essential to the protection of human health and the environment. At that time, many feared that states would engage in a race to the bottom, setting lax environmental regulations to attract industry and economic... |
2019 |
|
| Hillary M. Hoffmann |
CONGRESSIONAL PLENARY POWER AND IndigenOUS ENVIRONMENTAL STEWARDSHIP: THE LIMITS OF ENVIRONMENTAL FEDERALISM |
97 Oregon Law Review 353 (2019) |
Introduction. 354 I. Plenary Power over Indian Affairs: A Congressional Exercise of Authority Lacking a Constitutional Foundation. 358 A. Origins: An Unenumerated Power Born of Necessity and Circumstance. 358 B. The Scope of the Modern Plenary Power Doctrine. 371 C. Inherent Flaws in the Plenary Power Doctrine. 377 1. Constitutional Deficiencies.... |
2019 |
|
| Dan Farber |
CONTINUITY AND TRANSFORMATION IN ENVIRONMENTAL REGULATION |
10 Arizona Journal of Environmental Law & Policy 1 (Fall, 2019) |
I. Alternative Regulatory Tools 4 A. Economic Tools 5 B. Voluntary Programs, Informational Strategies, and Collaborative Governance 10 II. Federalism and Beyond 16 A. Arguments for Federalism 16 B. State and Local Governments as Climate Policy Initiators 18 III. An Emerging Climate Governance Regime 25 A. Feedback Effects 25 B. Conceptualizing... |
2019 |
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| Christopher Serkin |
DIVERGENCE IN LAND USE REGULATIONS AND PROPERTY RIGHTS |
92 Southern California Law Review 1055 (May, 2019) |
For the past century, property rights--and in particular development rights-- have been circumscribed and largely defined by comprehensive local land use regulations. As any student of land use knows, zoning across the country shares a common DNA. Despite their local character, zoning limits on development rights in almost every American... |
2019 |
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| Emily A. Benfer, Emily Coffey, Allyson E. Gold, Mona Hanna-Attisha, Bruce Lanphear, Helen Y. Li, Ruth Ann Norton, David Rosner, Kate Walz |
DUTY TO PROTECT: ENHANCING THE FEDERAL FRAMEWORK TO PREVENT CHILDHOOD LEAD POISONING AND EXPOSURE TO ENVIRONMENTAL HARM |
18 Yale Journal of Health Policy, Law & Ethics 1 (Spring, 2019) |
Scientific evidence indisputably demonstrates that lead poisoning causes permanent neurological damage and numerous co-morbidities for children and adults. Exposure to lead hazards irreversibly harms individuals and, left unchecked, can devastate communities into the future. In recognition of these threats, the President's Task Force on... |
2019 |
|
| Sarah Fox |
ENVIRONMENTAL GENTRIFICATION |
90 University of Colorado Law Review 803 (Summer, 2019) |
Gentrification is a term often used, much maligned, and difficult to define. A few general principles can nonetheless be distilled regarding the concept. First, gentrification is spurred by rising desirability of an area for housing or commercial purposes. Second, this rising desirability, following basic supply-and-demand principles, leads to... |
2019 |
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| Sarah Krakoff |
ENVIRONMENTAL INJUSTICE AND THE LIMITS OF POSSIBILITIES FOR ENVIRONMENTAL LAW |
49 Environmental Law 229 (Winter, 2019) |
Climate change and extreme inequality combine to cause disproportionate harms to poor communities throughout the world. Further, unequal resource allocation is shot through with the structures of racism and other forms of discrimination. This Essay explores these phenomena in two different places in the United States, and traces law's role in... |
2019 |
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| Inara Scott, David Takacs, Rebecca Bratspies, Vanessa Casado Pérez, Robin Kundis Craig, Keith Hirokawa, Blake Hudson, Sarah Krakoff, Katrina Fischer Kuh, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J.B. Ruhl, Erin Ryan |
ENVIRONMENTAL LAW. DISRUPTED |
49 Environmental Law Reporter News & Analysis 10038 (January, 2019) |
The U.S. regulatory environment is changing rapidly, at the same time that visible and profound impacts of climate change are already being felt throughout the world, and enormous, potentially existential threats loom in the not-so-distant future. What does it mean to think about and practice environmental law in this setting? In this latest in a... |
2019 |
|
| Elizabeth Keyes |
ENVIRONMENTAL REFUGEES? RETHINKING WHAT'S IN A NAME |
44 North Carolina Journal of International Law 461 (Summer, 2019) |
I. Introduction. 461 II. What's in a Name?. 463 III. Identifying Climate-Change Refugees. 467 A. Persecution: Direct Environmental Harm and Indirect Other Forms of Harm. 467 B. Protected Characteristics and Nexus. 471 1. Where the Case Is Easily Made: Political Opinion. 472 2. Where the Case is More Attenuated: Race and Membership in a Particular... |
2019 |
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| Joseph Kowalski |
ENVIRONMENTALISM ISN'T NEW: LESSONS FROM IndigenOUS LAW |
26 Buffalo Environmental Law Journal 15 (2018-2019) |
The much-overlooked laws and lifeways of Indigenous people show that concepts of environmental sustainability have long been a part of the human tradition. By studying the Indigenous jurisprudence of societies that maintained these traditions into the modern era, much can be learned. Rather than making laws in regards to the land, the land itself... |
2019 |
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| Khirin Bunker |
FROM PRESENTATION TO PRESENCE: IMMERSIVE VIRTUAL ENVIRONMENTS AND UNFAIR PREJUDICE IN THE COURTROOM |
92 Southern California Law Review 411 (January, 2019) |
C1-2TABLE OF CONTENTS INTRODUCTION. 412 I. DISTINGUISHING IMMERSIVE VIRTUAL ENVIRONMENTS. 415 II. IMMERSIVE VIRTUAL ENVIRONMENTS AND THE FEDERAL RULES OF EVIDENCE. 418 III. POTENTIAL PREJUDICIAL IMPACTS OF IMMERSIVE VIRTUAL ENVIRONMENTS ON JURY DECISIONMAKING. 424 A. Designing Emotion in a Virtual Environment. 424 B. Body Ownership Illusions. 429... |
2019 |
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| Hokulani McKeague |
HOKULANI MCKEAGUE v. DEPARTMENT OF HAWAIIAN HOME LANDS: A CASE FOR THE UNCONSTITUTIONALITY OF BLOOD QUANTUM |
42 University of Hawaii Law Review 204 (Winter 2019) |
Section 209 of the Hawaiian Homes Commission Act requires a successor to a Department of Hawaiian Home Lands lease to have at least one-quarter Hawaiian blood. This article explores the unconstitutionality of blood quantum as it relates to section 209 and argues that it violates the Fifth and Fourteenth Amendments to the United States Constitution... |
2019 |
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| Dylan Hitchcock-Lopez |
IF A PERSON MUST DIE, THEN SO BE IT: A CONSTITUTIONAL PERSPECTIVE ON SOUTH AFRICA'S LAND CRISIS |
60 Washington University Journal of Law & Policy 317 (2019) |
A stark, green line separates manicured rows of grapevines from the sprawling warren of shacks and shanties that makes up Kayamandi township, just miles from the urban heart of Cape Town. The township strains under the pressure of rapid population growth, with more than 7,000 dwellings cramming into some of the most crowded blocks in South Africa.... |
2019 |
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| Tegan Jarchow |
INTERNationAL TRADE AGREEMENTS AND THE ENVIRONMENT: A NAFTA AND NAAEC CASE STUDY |
24 Drake Journal of Agricultural Law 319 (Summer, 2019) |
I. Introduction. 319 II. International Trade and Environmental Economics Theory. 321 III. International Policy Framework: WTO Policies. 325 IV. NAFTA. 328 V. NAFTA, the NAAEC, and the CEC. 332 VI. Future Recommendations. 335 VII. Conclusion. 339 |
2019 |
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| Blake Hudson |
LAND DEVELOPMENT: A SUPER-WICKED ENVIRONMENTAL PROBLEM |
51 Arizona State Law Journal 1123 (Fall, 2019) |
I. Introduction. 1124 II. The Implications of the Wicked Land Development Problem. 1126 III. How Land Development is a Wicked Environmental Problem. 1131 IV. Factors Contributing to the Wickedness of Land Development. 1137 A. Collective Action. 1138 B. Corporate Design. 1139 C. Legal Institutions. 1140 D. Economics. 1143 E. Intersecting Policies.... |
2019 |
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| M. Jordan Thompson , Chelsea L.M. Colwyn |
LIVING SQÉLIX: DEFENDING THE LAND WITH TribAL LAW |
51 Connecticut Law Review 889 (August, 2019) |
The Salish and Pend d'Oreille--known today as part of the Confederated Salish and Kootenai Tribes (CSKT) of the Flathead Indian Reservation in Montana--have been part of the landscape of what is now Montana, Idaho, and eastern Washington ever since Coyote prepared the world for them. The Salish and Pend d'Oreille traditionally managed their... |
2019 |
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| Katrina A. Tomas |
MANURE MANAGEMENT FOR CLIMATE CHANGE MITIGATION: REGULatinG CAFO GREENHOUSE GAS EMISSIONS UNDER THE CLEAN AIR ACT |
73 University of Miami Law Review 531 (Winter, 2019) |
Climate change is the defining challenge of our time, which if unbridled, will imperil our communities and the viability of future generations. Efforts to reduce global temperature rise require more than merely reforming carbon dioxide emissions from the energy and transportation sectors. Notably, climate solutions cannot be reached without... |
2019 |
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| Helen H. Kang |
RESPECT FOR COMMUNITY NARRATIVES OF ENVIRONMENTAL INJUSTICE: THE DIGNITY RIGHT TO BE HEARD AND BELIEVED |
25 Widener Law Review 219 (2019) |
Communities that bear the brunt of environmental pollution and lack basic amenities, such as clean drinking water, have a story to tell. One such community is the Bayview-Hunters Point community of San Francisco, California. There, the U.S. Navy extensively contaminated a now-shuttered shipyard with nuclear waste. After twelve years of cleanup... |
2019 |
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| Rebecca Bratspies |
SHUTTING DOWN POLETTI: HUMAN RIGHTS LESSONS FROM ENVIRONMENTAL VICTORIES |
36 Wisconsin International Law Journal 247 (Spring, 2019) |
I firmly believe that this State does not need to abuse its most vulnerable citizens to keep the lights on. Human rights enjoy a presumption of inviolability that at least arguably trumps other public goods. To the extent that sustainable development has become bogged down in conventional economic thinking, a human rights analysis may offer a... |
2019 |
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