AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Casey B. McCormack AMERICA'S NEXT REFUGEE CRISIS: ENVIRONMENTALLY DISPLACED PERSONS 32-SPG Natural Resources & Environment 8 (Spring, 2018) 2017 was a politically momentous year in the United States. In January, Donald J. Trump assumed office as the 45th president of the United States, and the Grand Old Party regained majority representation in both Houses of Congress for the first time in a decade. Republicans nationwide began their year a little more optimistic for the future than... 2018  
Camille Pannu BRIDGING THE SAFE DRINKING WATER GAP FOR CALIFORNIA'S RURAL POOR 24 Hastings Environmental Law Journal 253 (Summer, 2018) Spurred by decades of inaction and continued exposure to unsafe drinking water, community leaders from California's disadvantaged communities (DACs) advocated for the creation of a human right to water under state law. Shortly thereafter, the California Legislature put forward a bond to finance much needed water infrastructure improvements and... 2018  
Alyosha Goldstein BY FORCE OF EXPECTATION: COLONIZATION, PUBLIC LANDS, AND THE PROPERTY RELATION 65 UCLA Law Review Discourse 124 (2018) This Essay argues that federal land policy as a form of colonial administration has been constitutive for the logic of expectation as property in what is now the United States. From the state land cessions negotiated on behalf of the Articles of Confederation to the preemption acts (1830-1841) to the homestead acts (1862-1916) to present-day... 2018  
Jennifer Hernandez CALIFORNIA ENVIRONMENTAL QUALITY ACT LAWSUITS AND CALIFORNIA'S HOUSING CRISIS 24 Hastings Environmental Law Journal 21 (Winter, 2018) The California Environmental Quality Act (CEQA) continues to play a vital role in assuring that our state and local agencies carefully evaluate, disclose, and avoid or reduce the potentially adverse environmental consequences of their actions. In addition, CEQA ensures that agencies consider and respond to public and agency comments on these... 2018  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
Kyle J. Conway THERE'S SOMETHING IN THE WATER: HOW APATHETIC STATE OFFICIALS LET THE PEOPLE OF FLINT, MICHIGAN DOWN 29 Villanova Environmental Law Journal 57 (2018) In February 2015, a rash appeared on Lee-Anne Walters' children due to bathing in water drawn from the Flint River. The family first began to avoid ingesting the water almost four months prior due to its abnormal qualities--a harsh brown tint and unsettling odors that could not be ignored. After an inspection, the Michigan Department of... 2018  
Diana Kearney TRANSFORMING ADVERSARY TO ALLY: MOBILIZING CORPORATE POWER FOR LAND RIGHTS 27 Journal of Transnational Law & Policy 97 (2017-2018) I. Introduction. 97 II. The Global Land Rush. 104 A. The Scale. 104 B. The Cast. 106 C. The Titled Solution. 111 III. Corporate Obligations on Land Tenure. 115 A. Corporate Due Diligence: Current Practice and International Human Rights Law Obligations. 116 B. Due Diligence on Land. 122 C. The Lawyer's Role: Implementing UNGPs and Land Due... 2018  
Lane Kaiwi Opulauoho TRUST LANDS FOR THE NATIVE HAWAIIAN Nation: LESSONS FROM FEDERAL Indian LAW PRECEDENTS 43 American Indian Law Review 75 (2018) From time immemorial, Native Hawaiians, the aboriginal peoples who settled the isolated Hawaiian Archipelago surrounded by the vast Pacific Ocean, have lived and prospered. These peoples provided the foundation of a nation that exercised sovereignty over these islands. This jurisdiction has had several titles: first, the Hawaiian Kingdom, a... 2018  
Susan M. Larned WATER IS LIFE: THE NATIVE AMERICAN TribAL ROLE IN PROTECTING NATURAL RESOURCES 8 Barry University Environmental and Earth Law Journal 52 (2018) So, the monarch [butterfly] is also part of the protest, part of the movement, with its drumbeat reverberating across the planet. The tribal peoples of Earth are making their voices heard in so many ways. Their mission is to reconnect the modern world with the circle of life--a circle that much of humanity left behind maybe ten millennia ago, in... 2018  
Reginald L. Streater ZIMBABWE'S STRUGGLE TO BREAK THE CHAINS OF COLONIALISM: SELF-DETERMINation, LAND REFORM, AND INTERNationAL LAW 33 Temple International and Comparative Law Journal 119 (Fall, 2018) Zimbabwe--like most African Post-Colonial nation states--has been criticized and castigated for exercising its legal rights to self-determination, autonomy and sovereignty over land and resources--especially when these conflict with the economic and/or geo-political interests of the West, or white expats who once dominated these former colonies.... 2018  
Melody Kapilialoha MacKenzie , D. Kapua'ala Sproat A COLLECTIVE MEMORY OF INJUSTICE: RECLAIMING HAWAI'I'S CROWN LANDS TRUST IN RESPONSE TO JUDGE JAMES S. BURNS 39 University of Hawaii Law Review 481 (Summer, 2017) I ka lelo no ke ola, i ka lelo no ka make. Words can heal; words can destroy. I. INTRODUCTION. 482 II. COLLECTIVE MEMORY'S VITAL ROLE IN SHAPING THE PUBLIC'S UNDERSTANDING OF HISTORY AND NATIVE HAWAIIAN RIGHTS' CLAIMS. 487 A. Understanding Collective Memory. 487 B. Collective Memory's Power and Potential. 492 1. Collective memory's practical... 2017  
Emily M. Hoyle A POOL OF CANDIDATES WHO REFUSE TO SWIM: THE 2016 PRESIDENTIAL ELECTION AND THE DEMISE OF TESTING THE WATERS 85 George Washington Law Review 312 (January, 2017) In the 2016 presidential election, many candidates delayed announcing their candidacy until long after anyone who was paying attention realized that they were considering a run for office. In the past, these candidates may have been considered to be testing the waters, a special status proscribed by the Federal Election Campaign Act (FECA) that... 2017  
Shelley Cavalieri BACK TO THE BASICS: LESSONS FROM U.S. PROPERTY LAW FOR LAND REFORM 95 Denver Law Review 73 (Fall, 2017) Redistributive land reform programs are a central development approach in nations of the global south. For proponents of land reform, land redistribution is an obvious strategy, designed to reduce hunger and poverty, to bolster citizens' ability to support themselves and their families, and to shape the future of burgeoning democracies worldwide.... 2017  
Lucia A. Silecchia CONFLICTS AND LAUDATO SI': TEN PRINCIPLES FOR ENVIRONMENTAL DISPUTE RESOLUTION 33 Journal of Land Use & Environmental Law 61 (Fall, 2017) I. Introduction to the Problem. 61 II. Laudato Si' and Environmental Dispute Resolution. 67 A. Principle One: Stakeholder Involvement Should Be Expansive. 68 B. Principle Two: Environmental Issues Should Be Defined Broadly. 71 C. Principle Three: Intergenerational Obligations Are Sacred and Need Protection. 73 D. Principle Four: The Rule of Law... 2017  
Kirsten H. Engel DEMOCRATIC ENVIRONMENTAL EXPERIMENTALISM 35 UCLA Journal of Environmental Law & Policy 57 (2017) Scholars of democratic experimentalism and new governance rightly criticize the static allocations of authority found in the American traditional federalism framework for its rigidity and potential to stifle innovation at the state and local levels. Nevertheless, this critique underappreciates the level of experimentation harbored by this... 2017  
Raymond Cross DEVELOPMENT'S VICTIM OR ITS BENEFICIARY?: THE IMPACT OF OIL AND GAS DEVELOPMENT ON THE FORT BERTHOLD Indian RESERVATION 38 Public Land & Resources Law Review 249 (2017) I. Introduction. 250 II. Why Development is Different on the Fort Berthold Indian Reservation. 255 A. The Tribal People's Unbreakable Geographic Ties to the Fort Berthold Indian Reservation. 257 1. Their Treaty-Based Geographic Ties to Fort Berthold. 258 2. Their Territorially-Based Rights of Sovereignty Within Fort Berthold. 259 3. Their... 2017  
Felycia Itza ENVIRONMENTAL EDUCATION IN THE EVERY STUDENT SUCCEEDS ACT AND THE ROLE OF ADVOCATES 29 Georgetown Environmental Law Review 417 (Winter, 2017) In December of 2015, the Every Student Succeeds Act was signed into law. For the first time ever, a federal education statute will provide funding for environmental education. Although exciting, this new statute will require additional effort by advocates to realize the full potential of the Act. The new law allows states to choose environmental... 2017  
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