| Author | Title | Citation | Summary | Year |
| Stephen R. Miller, J.D., M.C.P., Editor-in-Chief |
California Environmental Quality Act Lawsuits and California's Housing Crisis |
47 No. 1 Real Estate Review Journal 4 (Spring 2018) |
Jennifer Hernandez practices environmental and land use law in the San Francisco and Los Angeles offices of Holland & Knight. Many other members of Holland & Knight contributed to the study of CEQA lawsuits evaluated in this article, including Elizabeth Lake, Tamsen Plume, Amanda Monchamp, Nicholas Targ, Charles Coleman, David Preiss, Susan Booth,... |
2018 |
| Michael D. Wilson |
CLIMATE CHANGE AND THE JUDGE AS WATER TRUSTEE |
48 Environmental Law Reporter News & Analysis 10235 (March, 2018) |
Something extraordinary is happening. Through the carbon emissions from burning fossil fuel and deforestation, humans have disrupted earth's climate system, leading to global warming. The challenge we now face is to stop these emissions and limit the extent of warming and the associated loss, damage, and harm to people and ecosystems. Failure to... |
2018 |
| Temple Stoellinger , L. Steven Smutko , Jessica M. Western |
COLLABORATION THROUGH NEPA: ACHIEVING A SOCIAL LICENSE TO OPERATE ON FEDERAL PUBLIC LANDS |
39 Public Land & Resources Law Review 203 (2018) |
As demand and consumption of natural gas increases, so will drilling operations to extract the natural gas on federal public lands. Fueled by the shale gas revolution, natural gas drilling operations are now frequently taking place, not only in the highly documented urban settings, but also on federal public lands with high conservation value. The... |
2018 |
| Jessica Durney |
CRAFTING A STANDARD: ENVIRONMENTAL CRIMES AS CRIMES AGAINST HUMANITY UNDER THE INTERNationAL CRIMINAL COURT |
24 Hastings Environmental Law Journal 413 (Summer, 2018) |
This paper will craft a framework through which the International Criminal Court (ICC) could begin prosecuting individuals for crimes against humanity under the Rome Statute for their actions against the environment. Despite the lack of environmental considerations in the prima facie language of the Rome Statute, the definition of crimes against... |
2018 |
| Suryapratim Roy |
DISTribUTION AS THE ORGANIZING PRINCIPLE OF ENVIRONMENTAL REGULATION |
19 German Law Journal 649 (June 1, 2018) |
This Article argues that distributional concerns constitute the heart of environmental regulation; they are not restricted to pre-policy values or post-policy effects that need to dealt with. On the contrary, they characterize the selection of environmental policies, and their properties. Different interests, preferences, and values with respect to... |
2018 |
| Robert L. Fischman , Lydia Barbash-Riley |
EMPIRICAL ENVIRONMENTAL SCHOLARSHIP |
44 Ecology Law Quarterly 767 (2018) |
The most important development in legal scholarship over the past quarter century has been the rise of empirical research. Drawing upon the traditions of legal realism and the law and economics movement, a variety of social science techniques have delivered fresh perspectives and punctured false claims. But environmental law has been slow to adopt... |
2018 |
| Jeffrey J. Minneti |
ENVIRONMENTAL GOVERNANCE AND THE GLOBAL SOUTH |
43 William and Mary Environmental Law and Policy Review 83 (Fall, 2018) |
Over the last several decades, efforts to regulate the environment through traditional public law at national and international levels have stalled. In contrast, private environmental governance has flourished as nongovernmental entities have engaged in standard setting and assessment practices traditionally left to public government. This Article... |
2018 |
| Erin E. Mette |
ENVIRONMENTAL INJUSTICE IN MICHIGAN AIR PERMITTING |
63 Wayne Law Review 385 (Winter, 2018) |
I. Introduction. 385 II. Background. 387 A. Sources of Air Pollution in Southeast Michigan. 388 B. Health and Environmental Concerns for Residents. 390 C Environmental Racism and Injustice. 392 D. Current Structure of Air Pollution Regulations in Michigan. 394 1. Federal Regulations. 395 2. State and Local Regulations. 395 III. Analysis. 397 A.... |
2018 |
| Jeremy Orr |
ENVIRONMENTAL JUSTICE ACT OF 2017: A FIGHTING CHANCE FOR FRONTLINE COMMUNITIES |
24 Hastings Environmental Law Journal 303 (Summer, 2018) |
Since the release of the United Church of Christ's landmark Toxic Wastes and Race in the United States report in 1987 and the 1992 release of the U.S. Environmental Protection Agency's (EPA) Reducing Risk for All Communities report, our Federal Government has been well aware that the health of communities of color and the poor are... |
2018 |
| Mary Kathryn Nagle |
ENVIRONMENTAL JUSTICE AND TribAL SOVEREIGNTY: LESSONS FROM STANDING ROCK |
127 Yale Law Journal Forum 667 (January 20, 2018) |
The environmental movement in the 1970s secured many landmark victories, including the passage of important legislation and the establishment of the EPA. However, these activists, while identifying critical environmental problems, failed fully to consider their cause. In particular, the environmental movement ignored the longstanding... |
2018 |
| Tamar Meshel |
ENVIRONMENTAL JUSTICE IN THE UNITED STATES: THE HUMAN RIGHT TO WATER |
8 Washington Journal of Environmental Law & Policy 264 (July, 2018) |
Many low-income communities, communities of color, and indigenous communities in the United States are suffering from unequal access to safe and affordable water. This is partially the result of an ineffective and fragmented legal framework governing water issues in the country. In addition, the notion of a human right to water and sanitation,... |
2018 |
| Eric Jantz |
ENVIRONMENTAL RACISM WITH A FAINT GREEN GLOW |
58 Natural Resources Journal 247 (Summer, 2018) |
For the last thirty years, environmental justice, that is, the equitable distribution of environmental pollution among all members of society, has informed environmental decision-making at every level of government. While most Federal agencies responsible for environmental regulation have taken meaningful steps to address the disparate impacts of... |
2018 |
| Lee C. Rarrick |
EXECUTIVE REVIEW AND THE YOUNGSTOWN CATEGORIES: VULNERABILITY OF ENVIRONMENTAL REGULATIONS TO UNBOUNDED EXECUTIVE REVIEW |
43 Columbia Journal of Environmental Law 475 (2018) |
I. Introduction. 476 II. Justifications for Executive Review. 478 A. Textual and Structural Support. 478 B. Techniques from America's Unwritten Constitution. 480 1. Following Washington's Lead. 481 2. America's Symbolic Constitution. 483 3. America's Lived Constitution. 485 III. Taxonomy of Executive Review. 488 A. The Youngstown Categories.... |
2018 |
| Sumudu Atapattu |
EXTRACTIVE INDUSTRIES AND INEQUALITY: INTERSECTIONS OF ENVIRONMENTAL LAW, HUMAN RIGHTS, AND ENVIRONMENTAL JUSTICE |
50 Arizona State Law Journal 431 (Summer, 2018) |
From Shell Oil in Ogoniland, Nigeria to Chevron in Ecuador, and from Bhopal, India to Freeport-McMoRan in Indonesia, the world is replete with examples of corporate excesses and impunity. Time and time again we hear of gross human rights violations and severe environmental degradation associated with multinational corporations operating in... |
2018 |
| Brendan McCloskey |
GRANTING SAMOANS AMERICAN CITIZENSHIP WHILE PROTECTING SAMOAN LAND AND CULTURE |
10 Drexel Law Review 497 (2018) |
American Samoa is the only inhabited U.S. territory that does not have birthright American citizenship. Having birthright American citizenship is an important privilege because it bestows upon individuals the full protections of the U.S. Constitution, as well as many other benefits to which U.S. citizens are entitled. Despite the fact that American... |
2018 |
| Stephanie H. Jones |
GREATER THAN THE SUM OF ITS PARTS: THE INTEGRATION OF ENVIRONMENTAL JUSTICE ADVOCACY AND ECONOMIC POLICY ANALYSIS |
26 New York University Environmental Law Journal 402 (2018) |
Introduction. 403 I. Development of the Role of Cost-Benefit Analysis in Environmental Policymaking. 405 A. Overview of Cost-Benefit Analysis Methodology. 405 B. Development of the Role of Cost-Benefit Analysis in U.S. Regulatory Policymaking. 408 C. Development of Cost-Benefit Analysis with Respect to Environmental Policy Specifically. 410 II. The... |
2018 |
| Christopher Vajda , Michael Rhimes |
GREENING THE LAW: THE RECEPTION OF ENVIRONMENTAL LAW AND ITS ENFORCEMENT IN INTERNationAL LAW AND EUROPEAN UNION LAW |
24 Columbia Journal of European Law 455 (Fall, 2018) |
I. Introduction. 455 II. Environmental Law as Part of International and European Union Law. 456 A. International Law. 456 B. European Union Law. 460 1. The Internal Competence of the European Union in Environmental Law. 461 2. The External Competence of the European Union in Environmental Law. 464 III. Enforcement of Environmental Law. 467 A.... |
2018 |
| Tyiarah Adewakun |
HANGING ON TO JUSTICE: WHY THE DISPLAY OF A HANGMAN'S NOOSE IN THE WORKPLACE GIVES RISE TO A RACIALLY HOSTILE WORK ENVIRONMENT |
20 Rutgers Race & the Law Review 13 (2018) |
For African Americans, the hangman's noose is considered to be one of the most powerful symbols of racial violence in America. In Henry v. Regents of the University of California, the Court of Appeals for the Ninth Circuit held that a noose in the workplace was not sufficiently severe or pervasive to constitute a racially hostile work environment.... |
2018 |
| Andrea Gass |
HOW TO CLEAN A SEWER: LOCAL AND FEDERAL TEAMWORK CAN REDUCE PHOENIX'S STORM WATER POLLUTION |
50 Arizona State Law Journal 1287 (Winter 2018) |
The real wealth of the Nation lies in the resources of the earth--soil, water, forests, minerals, and wildlife. To utilize them for present needs while insuring their preservation for future generations requires a delicately balanced and continuing program, based on the most extensive research. Their administration is not properly, and cannot be, a... |
2018 |
| Morad Elsana |
IndigenOUS PEOPLES' LAND: THE CASE OF BEDOUIN LAND IN ISRAEL |
49 California Western International Law Journal 61 (Fall, 2018) |
C1-2Table of Contents Introduction. 62 I. Background. 62 II. Land Expropriation. 63 A. Sedentarization Policy and Land Expropriation. 65 B. House Demolitions. 66 C. Economy and Government. 68 III. Dispossession of Bedouins From Their Land. 69 A. Executive Level. 69 B. Legislative Level. 70 C. Judicial Level. 70 1. The Alhawashelah Precedent in the... |
2018 |
| Jason Robison , Barbara Cosens , Sue Jackson , Kelsey Leonard , Daniel McCool |
IndigenOUS WATER JUSTICE |
22 Lewis & Clark Law Review 841 (2018) |
Indigenous Peoples are struggling for water justice across the globe. These struggles stem from centuries-long, ongoing colonial legacies and hold profound significance for Indigenous Peoples' socioeconomic development, cultural identity, and political autonomy and external relations within nation-states. Ultimately, Indigenous Peoples' right to... |
2018 |
| K. Sabeel Rahman |
INFRASTRUCTURAL EXCLUSION AND THE FIGHT FOR THE CITY: POWER, DEMOCRACY, AND THE CASE OF AMERICA'S WATER CRISIS |
53 Harvard Civil Rights-Civil Liberties Law Review 533 (Fall, 2018) |
C1-2Table of Contents Introduction. 533 I. Infrastructural exclusion. 536 A. The Flint water crisis. 536 B. Mechanisms of infrastructural exclusion. 538 II. Toward a political theory of infrastructure: Power, democracy, and the public utility tradition. 541 III. Constructing inclusive infrastructure: water and beyond. 547 A. Mandating water equity.... |
2018 |
| Alessandra Mistura |
IS THERE SPACE FOR ENVIRONMENTAL CRIMES UNDER INTERNationAL CRIMINAL LAW? THE IMPACT OF THE OFFICE OF THE PROSECUTOR POLICY PAPER ON CASE SELECTION AND PRIORITIZATION ON THE CURRENT LEGAL FRAMEWORK |
43 Columbia Journal of Environmental Law 181 (January 11, 2018) |
I. Introduction. 182 II. Setting the Framework: A Few Principles of International Criminal Law. 185 A. International Criminal Law: What Are We Talking About?. 185 B. The Notion of International Crimes. 188 C. The Interaction Between Treaties and Custom as Sources of International Criminal Law. 192 D. Conclusions. 195 III. International... |
2018 |
| Brigham Daniels , Michalyn Steele , Lisa Grow Sun |
JUST ENVIRONMENTALISM |
37 Yale Law and Policy Review 1 (Fall, 2018) |
Thirty years ago, the environmental justice movement emerged as a powerful critique of traditional environmentalism, which had largely ignored the distribution of environmental harms and the ways in which those harms were concentrated on the poor and communities of color. This Article calls for a similarly groundbreaking reimagination of both... |
2018 |
| Logan Judy |
LIBERTY AND ENVIRONMENTAL JUSTICE FOR ALL? AN EMPIRICAL APPROACH TO ENVIRONMENTAL RACISM |
53 Wake Forest Law Review 739 (Fall, 2018) |
The Environmental Protection Agency (EPA) was created to serve the public interest by shielding the environment from the byproducts of industrialization and development. The EPA exercises some discretion in its enforcement decisions, and this Study examines whether racial minority populations are disproportionately impacted by environmental... |
2018 |
| Emily Bergeron |
LOCAL JUSTICE: HOW CITIES CAN PROTECT AND PROMOTE ENVIRONMENTAL JUSTICE IN A HOSTILE ENVIRONMENT |
32-WTR Natural Resources & Environment 8 (Winter, 2018) |
On June 2, 2017, in an act that the left and the right, as well as the global community, cautioned against and strongly criticized, President Donald Trump determined that the United States would no longer be party to the Paris Climate Accord (Paris Agreement). Immediately, cities across the country, from Pittsburgh to Portland, reacted. Mayors for... |
2018 |
| Chelsea King |
MERGING INCLUSIONARY ZONING AND COMMUNITY LAND TRUSTS TO INCREASE AFFORDABLE HOUSING IN BALTIMORE WITHOUT DISPLACING NEIGHBORHOODS |
49 University of Baltimore Law Forum 43 (Fall, 2018) |
Throughout history, Baltimore City has continually struggled to manage affordable housing and residential segregation, and as such, is currently facing a housing crisis. The housing crisis that Baltimore faces today is in large part due to decades of systemic racial oppression. Throughout history, Baltimore City officials have denied African... |
2018 |
| Byron Crowe |
MOSENEKE'S IMPACT ON LAND RESTITUTION MY OWN LIBERATOR: A MEMOIR. BY DIKGANG MOSENEKE. JOHANNESBURG: PICADOR AFRICA. 2016 |
58 Virginia Journal of International Law Digest 1 (January 17, 2018) |
In May 2016, after over fourteen years on the bench, Deputy Chief Justice Dikgang Moseneke retired from his position on South Africa's highest court. Moseneke, who was an established public figure before joining the Constitutional Court, remains one of its most identifiable members. His retirement provoked an outpouring of support and gratitude... |
2018 |
| Kevin Tongg |
POISONS IN OUR COMMUNITIES: ENVIRONMENTAL JUSTICE'S ROLE IN REGULatinG HAWAI'I'S BIOTECHNOLOGY INDUSTRY |
40 University of Hawaii Law Review 155 (Summer, 2018) |
I. INTRODUCTION. 156 II. ANALYTICAL FRAMEWORK: ENVIRONMENTAL JUSTICE. 161 III. BACKGROUND: THE HISTORY OF HAWAI'I'S AGRICULTURE. 163 A. Western Contact. 163 B. The Rise of the Sugar Industry. 164 C. The Seed Industry Takes Root. 166 IV. LEGAL FRAMEWORK. 169 A. Kaua'i Ordinance 960. 169 B. Syngenta Seeds, Inc. v. Cty. of Kaua'i, No. 14-00014 BMK,... |
2018 |
| Xochitl Rodriguez |
POVERTY'S POISON: CONTAMINATED DRINKING WATER, ITS EFFECT ON IMPOVERISHED YOUTH AND MEDICAID'S ROLE |
28 Annals of Health Law Advance Directive 235 (Fall, 2018) |
Environmental racism is structural violence promulgated by the exploitation of those without resources by those in economic and political power. The United States' legacy of racism and discrimination promotes inequalities by ensuring that minority and economically destitute populations remain stereotyped and locked in poverty. These stereotypes... |
2018 |
| Sarah Krakoff |
PUBLIC LANDS, CONSERVATION, AND THE POSSIBILITY OF JUSTICE |
53 Harvard Civil Rights-Civil Liberties Law Review 213 (Winter, 2018) |
The Bears Ears region includes narrow canyons that wind their way to the Colorado River, wild sandstone uplifts and towers, and troves of ancient Puebloan ruins. President Obama proclaimed Bears Ears as a National Monument on December 28, 2016 pursuant to his authority under the Antiquities Act, which authorizes the President to create monuments on... |
2018 |
| Donald J. Kochan |
PUBLIC LANDS: PRIDE, PLACE, PROXIMITY & POWER |
25 Virginia Journal of Social Policy and the Law 1 (Winter, 2018) |
Introduction. 2 I. Pride, place, identity and their relationship with property principles. 6 II. The impact of pride, place and proximity on public lands management. 10 A. Introduction to Ongoing Public Lands Debates. 10 B. Management Metrics for Public Lands. 12 Conclusion. 25 |
2018 |
| Erin C. Lain |
RACIALIZED INTERACTIONS IN THE LAW SCHOOL CLASSROOM: PEDAGOGICAL APPROACHES TO CREATING A SAFE LEARNING ENVIRONMENT |
67 Journal of Legal Education 780 (Spring, 2018) |
In summer 2016 I served as the director of the CLEO summer institute. While racial violence was erupting in the country, I faced my own dilemma on how to deal with tension about race in the learning environment. When I brought forty-four CLEO students to the county courthouse to watch sentencing hearings, one student spoke out to the attorneys,... |
2018 |
| |
RCRA AS A TOOL FOR ENVIRONMENTAL JUSTICE COMMUNITIES AND OTHERS TO COMPEL CLIMATE CHANGE ADAPTATION |
131 Harvard Law Review 2409 (June, 2018) |
The spate of natural disasters in 2017 palpably illustrated how ill-prepared the United States is for climate change. And though all Americans have contributed to greenhouse gas emissions driving this phenomenon, they will not equitably share the effects of climate change--related disasters. Many communities--particularly low-income communities and... |
2018 |
| Blake Hudson |
RELATIVE ADMINISTRABILITY, CONSERVATIVES, AND ENVIRONMENTAL REGULATORY REFORM |
48 Environmental Law Reporter News & Analysis 10733 (August, 2018) |
Perhaps three things in life are now certain: death, taxes, and federal environmental regulation. While the nation has made great progress on a number of environmental fronts, the size and cost of the federal environmental regulatory bureaucracy have come under sharp criticism. Some argue that the federal government is doing too little and needs to... |
2018 |
| Mehmet K. Konar-Steenberg |
ROOT AND BRANCH: THE THIRTEENTH AMENDMENT AND ENVIRONMENTAL JUSTICE |
19 Nevada Law Journal 509 (Winter 2018) |
[The Thirteenth Amendment] abolishes slavery . root and branch. It abolishes it in the general and the particular .. Any other interpretation belittles the great amendment and allows slavery still to linger among us in some of its insufferable pretensions. C1-2Table of Contents Introduction. 510 I. Environmental Justice and Traditional... |
2018 |
| Adam Crepelle |
STANDING ROCK IN THE SWAMP: OIL, THE ENVIRONMENT, AND THE UNITED HOUMA Nation'S STRUGGLE FOR FEDERAL RECOGNITION |
64 Loyola Law Review 141 (Spring, 2018) |
I. INTRODUCTION. 141 II. TRIBAL SOVEREIGNTY AND THE ENVIRONMENT. 144 III. FEDERAL RECOGNITION. 147 IV. PROBLEMS WITH THE PROCESS. 153 V. THE HOUMA. 157 A. A Brief History of the Houma. 157 B. Rebutting the BIA's Proposed Finding. 164 C. The Houma Since the BIA's Proposed Finding. 174 VI. CONCLUSION. 183 |
2018 |
| Ursula Tracy Doyle |
STRANGE FRUIT AT THE UNITED NationS |
61 Howard Law Journal 187 (Winter, 2018) |
INTRODUCTION. 189 I. THE UNITED NATIONS. 192 A. The Founding. 192 B. The United Nations Charter. 195 II. THE UNITED STATES. 201 III. STRANGE FRUIT AT THE UNITED NATIONS. 208 A. The General Assembly. 209 1. General Condemnations of Racial Segregation and Racial Discrimination. 211 2. Specific Condemnations of Racial Segregation and Racial... |
2018 |
| Virginia Harper Ho |
SUSTAINABLE FINANCE & CHINA'S GREEN CREDIT REFORMS: A TEST CASE FOR BANK MONITORING OF ENVIRONMENTAL RISK |
51 Cornell International Law Journal 609 (Fall, 2018) |
In the past few years, the focus of international organizations on sustainable finance--the integration of environmental, social, and governance (ESG) considerations into global financial systems--has intensified because of its potential to promote financial stability, better risk assessment, and more efficient allocation of capital. The success... |
2018 |
| Lindsey Dillon |
THE BREATHERS OF BAYVIEW HILL: REDEVELOPMENT AND ENVIRONMENTAL JUSTICE IN SOUTHEAST SAN FRANCISCO |
24 Hastings Environmental Law Journal 227 (Summer, 2018) |
The bus idled on a hilly residential street overlooking the Hunters Point Naval Shipyard--an irregularly shaped expanse of largely man-made land, extending into the San Francisco Bay from the southeastern edge of the city. It was a clear day in February 2015. Staff members from the city of San Francisco's environmental, health, and public works... |
2018 |
| Justin Fisch |
THE CASE FOR EFFECTIVE ENVIRONMENTAL POLITICS: FEDERALIST OR UNITARY STATE? COMPARING THE CASES OF CANADA, THE UNITED STATES OF AMERICA, AND THE PEOPLE'S REPUBLIC OF CHINA |
51 University of Michigan Journal of Law Reform 777 (Summer, 2018) |
Federalism, by its nature, is a segmented system of governance. The Canadian and American constitutional orders are divided along very clear lines of jurisdictional authority between levels of government. Environmental issues, by their nature, are holistic in scope--they transcend borders, governments, jurisdictions, and authorities. For this... |
2018 |
| Linda J. Allen, PhD |
THE ENVIRONMENT AND NAFTA POLICY DEBATE REDUX: SEPARATING RHETORIC FROM REALITY |
42 William and Mary Environmental Law and Policy Review 965 (Spring, 2018) |
At times, it seems like the debate over the environmental repercussions of the North American Free Trade Agreement (NAFTA) has never ended. Twenty-five years ago, in response to environmentalists' dire predictions of industry flight, pollution havens, and a race to the bottom for domestic environmental standards under the trade agreement, the... |
2018 |
| Jeff Wright, CEO Karegnondi Water Authority |
THE FLINT WATER CRISIS, DWSD, AND GLWA: MONOPOLY, PRICE GOUGING, CORRUPTION, AND THE POISONING OF A CITY |
18 Journal of Law in Society 53 (Fall, 2018) |
MICHIGAN CIVIL RIGHTS COMMISSION-FLINT WATER CRISIS COMMITTEE November 22, 2016 Much has been said about the Flint Water Crisis, the causes, the effects, who is responsible, and what should be done about it now. Many have been blamed... Governor Rick Snyder; former State Treasurer Andy Dillon; Emergency Managers Ed Kurtz, Mike Brown, Darnell... |
2018 |
| Peter J. Hammer |
THE FLINT WATER CRISIS, KWA AND STRATEGIC-STRUCTURAL RACISM |
18 Journal of Law in Society 1 (Fall, 2018) |
Written Testimony Submitted to the Michigan Civil Rights Commission Hearings on the Flint Water Crisis July 18, 2016 C1-2Table of Contents I. Flint, Municipal Distress, Emergency Management and Strategic-Structural Racism. 2 A. What is structural and strategic racism?. 2 B. Knowledge, power, emergency management and race. 4 C. Flint from a... |
2018 |
| Peter J. Hammer |
THE FLINT WATER CRISIS, KWA AND STRATEGIC-STRUCTURAL RACISM: A REPLY TO JEFF WRIGHT, GENESEE COUNTY DRAIN COMMISSIONER AND CEO KAREGNONDI WATER AUTHORITY |
18 Journal of Law in Society 83 (Fall, 2018) |
Written Testimony Submitted to the Michigan Civil Rights Commission Hearings on the Flint Water Crisis December 31, 2016 C1-2Table of Contents I. Introduction. 84 II. Motive. 84 III. Methodology. 85 IV. Water Rates 101: A Guide to Flint's Spiraling Rate Increases. 88 V. A Reply to Mr. Wright's testimony. 91 A. KWA maintained an inappropriately... |
2018 |
| Jedediah Purdy |
THE LONG ENVIRONMENTAL JUSTICE MOVEMENT |
44 Ecology Law Quarterly 809 (2018) |
The standpoint of environmental justice has become integral to environmental law in the last thirty years. Environmental justice criticizes mainstream environmental law and advocacy institutions on three main fronts: for paying too little attention to the distributive effects of environmental policy; for emphasizing elite and professional advocacy... |
2018 |
| Karl S. Coplan |
THE MISSING ELEMENT OF ENVIRONMENTAL COST-BENEFIT ANALYSIS: COMPENSATION FOR THE LOSS OF REGULATORY BENEFITS |
30 Georgetown Environmental Law Review 281 (Winter, 2018) |
Despite its critics, cost-benefit analysis remains a fixture of the environmental regulation calculus. Most criticisms of cost-benefit analysis focus on the impossibility of monetizing environmental and health amenities protected by regulations. Less attention has been paid to the regressive wealth-transfer effects of regulations foregone based on... |
2018 |
| John H. Knox |
THE PAST, PRESENT, AND FUTURE OF HUMAN RIGHTS AND THE ENVIRONMENT |
53 Wake Forest Law Review 649 (Fall, 2018) |
C1-2Table of Contents I. Introduction. 649 II. A Short History of Human Rights and the Environment. 649 III. The Present State of Environmental Human Rights Law. 654 IV. Possible Futures for Human Rights and the Environment. 662 |
2018 |
| Andrew Schrack |
THE SHIFTING LANDSCAPE OF ANCESTRAL LANDS: TribAL GATHERING OF TRADITIONAL PLANTS IN NationAL PARKS |
9 Arizona Journal of Environmental Law & Policy 1 (Fall, 2018) |
I. Introduction. 1 II. Historical Gathering Rights in National Parks. 2 A. Treaties. 3 B. Congressional Acts and Presidential Proclamations. 5 C. Agreements. 7 III. Shifting Legal Landscape. 10 A. 2016 Regulatory Changes. 12 1. Criticism of the Regulations. 15 IV. Eastern Band of Cherokee Indians Case Study. 17 A. United States v. Burgess. 20 B.... |
2018 |
| Sydney Donovan, Alexandra Tressler, Michael Larrick |
THE UNIVERSITY OF DENVER WATER LAW REVIEW ELEVENTH ANNUAL SYMPOSIUM: FORGING SOVEREIGNTY, SELF DETERMINation, AND SOLIDARITY THROUGH WATER LAW |
21 University of Denver Water Law Review 291 (Spring, 2018) |
Denver, Colorado March 30, 2018 |
2018 |