| Author | Title | Citation | Summary | Year |
| 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 |
| 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 |
| Nicky Sheats |
ACHIEVING EMISSIONS REDUCTIONS FOR ENVIRONMENTAL JUSTICE COMMUNITIES THROUGH CLIMATE CHANGE MITIGATION POLICY |
41 William and Mary Environmental Law and Policy Review 377 (Winter, 2017) |
The Clean Power Plan rule is the U.S. Environmental Protection Agency's (EPA) regulatory method of reducing the nation's carbon dioxide emissions and, by doing so, of fighting climate change. There was very little in the original Clean Power Plan proposal that addressed environmental justice (EJ) using section 111(d) of the Clean Air Act as... |
2017 |
| David A. Dana , Deborah Tuerkheimer |
AFTER FLINT: ENVIRONMENTAL JUSTICE AS EQUAL PROTECTION |
111 Northwestern University Law Review Online 93 (January 17, 2017) |
The lead crisis in Flint, Michigan has captivated the nation, prompting calls for reform. For its part, the United States Environmental Protection Agency (EPA) recently reaffirmed that environmental justice is a priority. Even so, the discourse surrounding Flint's aftermath has been surprisingly unimaginative. We offer a somewhat different way of... |
2017 |
| David A. Dana, Deborah Tuerkheimer |
AFTER FLINT: ENVIRONMENTAL JUSTICE AS EQUAL PROTECTION |
111 Northwestern University Law Review 879 (2017) |
This Essay conceptualizes the Flint water crisis as an archetypical case of underenforcement--that is, a denial of the equal protection of laws guaranteed by the U.S. Constitution. Viewed as such, the inadequacy of environmental regulation can be understood as a failure that extends beyond the confines of Flint; a failure that demands a... |
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 |
| Richard A. Marcantonio, Aaron Golub, Alex Karner, Louise Nelson Dyble |
CONFRONTING INEQUALITY IN METROPOLITAN REGIONS: REALIZING THE PROMISE OF CIVIL RIGHTS AND ENVIRONMENTAL JUSTICE IN METROPOLITAN TRANSPORTATION PLANNING |
44 Fordham Urban Law Journal 1017 (August, 2017) |
Introduction. 1018 I. The Metropolitan Region and Regional Inequity. 1022 A. Early Suburbanization. 1023 B. White Flight, Subsidized Post-War Suburbanization, and Effects on Central Cities. 1024 1. Federal Transportation Policy Accelerates Suburbanization and Wreaks Urban Destruction. 1026 2. Increasing Citizen Participation and the Emergence of... |
2017 |
| Andrea C. Armstrong |
DEATH ROW CONDITIONS THROUGH AN ENVIRONMENTAL JUSTICE LENS |
70 Arkansas Law Review 203 (2017) |
Glenn Ford lived on death row at Louisiana State Penitentiary for twenty-nine years, three months and five days. Typically, he was confined in his cell for at least twenty-three hours of a given day, seven days a week. Glenn was convicted of the armed robbery and murder of Isadore Rozeman. After prosecutors Martin Stroud and Carey Schimpf used six... |
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 |
| Shannon Elizabeth Bell |
ENVIRONMENTAL INJUSTICE AND THE PURSUIT OF A POST-CARBON WORLD: THE UNINTENDED CONSEQUENCES OF THE CLEAN AIR ACT AS A CAUTIONARY TALE FOR SOLAR ENERGY DEVELOPMENT |
82 Brooklyn Law Review 529 (Winter, 2017) |
The combustion of fossil fuels (coal, oil, and gas) and, to a lesser extent, changes in land cover, have led to a rise in greenhouse gasses (GHG) in the atmosphere and an increase in global average surface temperatures. This human-induced warming is causing dramatic changes in the climate that are manifesting in numerous ways throughout the world,... |
2017 |
| Joshua V. Berliner |
ENVIRONMENTAL INJUSTICE/RACISM IN FLINT, MICHIGAN: AN ANALYSIS OF THE BODILY INTEGRITY CLAIM IN MAYS v. SNYDER AS COMPARED TO OTHER ENVIRONMENTAL JUSTICE CASES |
35 Pace Environmental Law Review 108 (Fall, 2017) |
L1-2TABLE OF CONTENTS I. Introduction 109 II. Summary of Alleged Facts from the Complaint 112 III. The Case Law on Bodily Integrity Claims 115 A. 42 U.S.C. § 1983 and Bodily Integrity Generally 115 B. Bodily Integrity Claims in the Environmental Justice Context 116 IV. The Flint Residents' Bodily Integrity Claim 118 V. Applying the Case Law to... |
2017 |
| Cecilia Martinez |
ENVIRONMENTAL JUSTICE AND THE CLEAN POWER PLAN: THE CASE OF ENERGY EFFICIENCY |
41 William and Mary Environmental Law and Policy Review 605 (Spring, 2017) |
The U.S. Environmental Protection Agency (EPA) issued the Clean Power Plan (CPP) in August 2015, and is the first major federal regulation to address climate change. The CPP is a landmark rule, setting carbon dioxide (CO2) standards on existing power plants in the U.S. The promise of the CPP is to reduce CO2 by 32% from 2005 levels in 2030.... |
2017 |
| Elizabeth Ann Kronk Warner |
ENVIRONMENTAL JUSTICE: A NECESSARY LENS TO EFFECTIVELY VIEW ENVIRONMENTAL THREATS TO IndigenOUS SURVIVAL |
26 Transnational Law & Contemporary Problems 343 (Summer, 2017) |
I. Introduction. 343 II. Environmental Justice and Indigenous Communities. 344 A. Tribal Sovereignty. 346 B. Federal Trust Relationship with Native Nations. 348 C. Unique Tribal Connection to the Land and Environment. 350 D. International Considerations. 351 III. Case Study: Protest of the Dakota Access Pipeline. 355 IV. Case Study: Negative... |
2017 |
| Carmen G. Gonzalez |
ENVIRONMENTAL RACISM, AMERICAN EXCEPTIONALISM, AND COLD WAR HUMAN RIGHTS |
26 Transnational Law & Contemporary Problems 281 (Summer, 2017) |
I. International Law in U.S. Courts Before World War II. 285 II. Cold War Human Rights. 288 A. International Human Rights at the United Nations: The U.N. Human Rights Petitions. 290 B. International Human Rights Law in the United States. 294 III. The Mossville Case Study. 298 A. U.S. Environmental and Antidiscrimination Law. 301 B. The Mossville... |
2017 |
| Jin Hyung Lee |
ESTABLISHING APPLICABLE WATER QUALITY STANDARDS FOR SURFACE WATERS ON Indian RESERVATIONS |
66 Emory Law Journal 965 (2017) |
The Clean Water Act is the foundational water law in the United States. It seeks to protect the nation's waters through establishing programs that limit pollutant discharge into surface waters. Water quality standards serve an essential role in protecting the surface waters of the United States because they set effluent limitations necessary to... |
2017 |
| Tracy-Lynn Humby |
EVALUATING THE VALUE OF TWAIL, ENVIRONMENTAL JUSTICE, AND DECOLONIZATION DISCOURSES AS FRAMING LENSES FOR INTERNationAL ENVIRONMENTAL LAW |
26 Transnational Law & Contemporary Problems 317 (Summer, 2017) |
Third World Approaches to International Law (TWAIL) and environmental justice have been used as lenses to critique and reform international law and international environmental law. This contribution examines the analytical value of these framing lenses alongside the value of the discourse of decolonization and Fallism associated with South... |
2017 |
| Uma Outka |
FAIRNESS IN THE LOW-CARBON SHIFT: LEARNING FROM ENVIRONMENTAL JUSTICE |
82 Brooklyn Law Review 789 (Winter, 2017) |
The environmental justice movement in the United States forged a pivotal connection among concerns for social justice, civil rights, and environmental protection. At a time when the federal environmental statutes enacted in the early 1970s were beginning to mature, the movement drew critical attention to the disproportionate environmental harm... |
2017 |
| Clifford J. Villa |
FIGHTING FOR ENVIRONMENTAL JUSTICE: THE LIFE AND WORK OF PROFESSOR EILEEN GAUNA |
57 Natural Resources Journal 519 (Summer, 2017) |
Among the many fans of Emerita Professor Eileen Gauna, I probably have one of the thinnest claims to the honor of composing this tribute, having only spent one year with Professor Gauna before her official retirement from the University of New Mexico (UNM) law faculty in 2016. And yet, I would not be here on the UNM law faculty were it not for... |
2017 |
| R. Shea Diaz |
GETTING TO THE ROOT OF ENVIRONMENTAL INJUSTICE: EVALUATING CLAIMS, CAUSES, AND SOLUTIONS |
29 Georgetown Environmental Law Review 767 (Summer, 2017) |
The Environmental Justice (EJ) Movement fights to remedy the disproportionate toxic exposure experienced by low-income and minority communities. This Note investigates three questions arising from the EJ Movement's basic claim: (I) What empirical research, if any, evidences environmental injustice; (II) What causal theories are most supported by... |
2017 |
| Hope Babcock |
HERE TODAY, GONE TOMORROW--IS GLOBAL CLIMATE CHANGE ANOTHER WHITE MAN'S TRICK TO GET Indian LAND? THE ROLE OF TREATIES IN PROTECTING TribES AS THEY ADAPT TO CLIMATE CHANGE |
2017 Michigan State Law Review 371 (2017) |
Indian Tribes are at the tip of the spear when it comes to climate change. Their dependence on their homelands for subsistence and cultural sustenance has made them vulnerable to climate-driven changes like sea level rise, shoreline erosion, and drought. As climate change makes their land less suitable for the animals and plants they depend on,... |
2017 |
| Dr. Waseem Ahmad Qureshi |
INDUS WATERS TREATY: AN IMPEDIMENT TO THE Indian HYDRO-HEGEMONY |
46 Denver Journal of International Law and Policy 45 (Fall, 2017) |
Water is the most exquisite commodity, and its utility in the sectors of economy, food, and power production is exceptional. To capture this resource more effectively, powerful nations are racing to raise water management infrastructure in order to seize the reins of regional political supremacy by establishing hydro-hegemony. Within this context,... |
2017 |
| Carmen G. Gonzalez , Sumudu Atapattu |
INTERNationAL ENVIRONMENTAL LAW, ENVIRONMENTAL JUSTICE, AND THE GLOBAL SOUTH |
26 Transnational Law & Contemporary Problems 229 (Summer, 2017) |
On October 28, 2016, the student editors of the Journal of Transnational Law & Contemporary Problems (TLCP) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South, and to use the book as the foundation for further scholarly inquiry. The symposium featured... |
2017 |
| Benjamin F. Wilson |
IT'S NOT "JUST" ZONING: ENVIRONMENTAL JUSTICE AND LAND USE |
49 Urban Lawyer 717 (Fall, 2017) |
Environmental justice issues receive national attention on a regular basis. Today, many law schools have entire courses and even environmental law clinics dedicated to environmental justice, and academics, practitioners, and government agencies devote resources and attention to addressing the issue. Several law schools, including Vermont Law... |
2017 |
| Alyssa Titche |
LAND GRABS & FOOD SECURITY: THE INTERNationAL COMMUNITY SHOULD ADOPT A CODE OF CONDUCT TO PROTECT LOCAL COMMUNITIES AND IMPROVE GLOBAL FOOD SECURITY |
7 UC Irvine Law Review 473 (June, 2017) |
Land acquisition by foreign countries and corporations has increased since the 2008 economic crisis. If land grabs continue at the current pace and with the same disregard to local host country populations, the food security of host countries will be put at great risk. In order to prevent future land grabs and make land grabs that do occur more... |
2017 |
| Steven J. Eagle |
LAND USE REGULATION AND GOOD INTENTIONS |
33 Journal of Land Use & Environmental Law 87 (Fall, 2017) |
This Essay surveys contemporary issues in American land use regulation. Its central claim is that, despite good intentions, regulations often have either been ineffective or exacerbated existing problems. The problems underlying regulation include contested understandings of private property rights, continual economic and social change, and a... |
2017 |
| Lorenzo Cotula |
LAND, PROPERTY AND SOVEREIGNTY IN INTERNationAL LAW |
25 Cardozo Journal of International and Comparative Law 219 (Spring, 2017) |
220 I. Introduction. 221 II. Land, Property and Sovereignty in Historical Perspective. 226 A. Land in the Early History of International Law. 226 B. Colonialism and the Emergence of Modern International Law. 228 C. Historical Legacies and External Dimensions in Land, Property and Sovereignty. 232 III. Land and International Human Rights... |
2017 |
| Patrice L. Simms |
LEVERAGING SUPPLEMENTAL ENVIRONMENTAL PROJECTS: TOWARD AN INTEGRATED STRATEGY FOR EMPOWERING ENVIRONMENTAL JUSTICE COMMUNITIES |
47 Environmental Law Reporter News & Analysis 10511 (June, 2017) |
Environmental justice communities are especially disadvantaged when it comes to direct community intervention in matters critical to their well-being. Opportunities may exist, however, to institutionalize resources for those communities' benefit. In particular, environmental enforcement actions could prove a reliable and effective conduit to access... |
2017 |
| K.A. McConnell |
LIMITS OF AMERICAN FARM BUREAU FEDERATION v. EPA AND THE CLEAN WATER ACT'S TMDL PROVISION IN THE MISSISSIPPI RIVER BASIN |
44 Ecology Law Quarterly 469 (2017) |
Under the Clean Water Act, a troubling regulatory gap exists wherein the federal government is unable to directly regulate diffuse sources of water pollution in interstate waters. This gap has left many of the nation's most important watersheds flooded with nutrient pollution from agricultural runoff, contrary to the purpose of the statute. Working... |
2017 |
| Azadeh Shahshahani , Kathryn Madison |
NO PAPERS? YOU CAN'T HAVE WATER: A CRITIQUE OF LOCALITIES' DENIAL OF UTILITIES TO UNDOCUMENTED IMMIGRANTS |
31 Emory International Law Review 505 (2017) |
Access to utility services is a crucial part of a person's ability to live and make a home in a particular place. For those who are denied service by the local agency or company that provides public utilities--like electricity and water--there are very few ways to achieve a decent and dignified life in that locality. Even in the twenty-first... |
2017 |
| Erin Yerke |
PERSONALIZING POLLUTION AND LANDSCAPE DESTRUCTION: HOW NATIVE AMERICAN AND INTERNationAL PERSPECTIVES SHOULD BE INTEGRATED INTO FEDERAL ENVIRONMENTAL POLICY |
19 Rutgers Journal of Law & Religion 73 (Fall, 2017) |
Every part of this soil is sacred in the estimation of my people. Every hillside, every valley, every plain and grove, has been hallowed by some sad or happy event in days long vanished. Even the rocks, which seem to be dumb and dead as they swelter in the sun along the silent shore, thrill with memories of stirring events connected with lives of... |
2017 |
| James Johnson, Class of 2018, University of New Mexico School of Law |
PLASTIC WATER: THE SOCIAL AND MATERIAL LIFE OF BOTTLED WATER BY GAY HAWKINS, EMILY POTTER, AND KANE RACE (MIT PRESS; 260 PAGES; 2015) |
57 Natural Resources Journal 321 (Winter, 2017) |
On January 26, 2016, during the height of public awareness surrounding the Flint, Michigan water crisis, Walmart, Coca-Cola, Nestlé, and PepsiCo pledged to meet the daily needs of over 10,000 school children for the balance of the calendar year by donating up to 6.5 million bottles of water [to] help with relief efforts. In the face of a... |
2017 |
| Brie D. Sherwin |
PRIDE AND PREJUDICE AND ADMINISTRATIVE ZOMBIES: HOW ECONOMIC WOES, OUTDATED ENVIRONMENTAL REGULATIONS, AND STATE EXCEPTIONALISM FAILED FLINT, MICHIGAN |
88 University of Colorado Law Review 653 (Summer, 2017) |
It was just over forty years ago, shortly before the Safe Drinking Water Act was passed, that a group of mothers in the small, sleepy town of Woburn, Massachusetts realized there just may have been a connection between their children's leukemia and the town's water supply. They withstood the terrible smell and masked the water's rancid flavor with... |
2017 |