Amy Reavis, Nora Wallace "ENTITLED TO OUR LAND": THE SETTLER COLONIAL ORIGINS OF THE UNIVERSITY OF CALIFORNIA 14 California Law Review Online 23 (June, 2023) Many may recognize the land grant moniker that several dozen U.S. universities like the University of California carry, but what many do not realize is that the land granted to fund these universities was land that the federal government had recently expropriated from Native Nations through violent seizures and coercive treaties. While... 2023
Randall S. Abate "FOOL ME ONCE, SHAME ON YOU": PROMOTING CORPORATE ACCOUNTABILITY FOR THE HUMAN RIGHTS IMPACTS OF CLIMATE WASHING 18 Intercultural Human Rights Law Review 1 (2023) Effective climate change governance faces two overarching challenges. The first is mobilizing the political will to regulate climate change with sufficient ambition. Second, when regulatory measures are in place to address climate change, the next challenge is ensuring that governmental and private sector entities are on track to comply with these... 2023
Michael B. Kent, Jr. "NOTHING NEW UNDER THE SUN": A CENTENNIAL RETROSPECTIVE OF PENNSYLVANIA COAL CO. v. MAHON 10 Belmont Law Review 201 (Spring, 2023) Introduction. 201 I. Context and Background. 203 A. Mining and Subsidence. 203 B. Legal Changes. 205 C. The Dispute. 206 II. The Opinions. 207 A. Justice Holmes's Majority Opinion. 207 1. The Extent of the Public Interest. 208 2. The Extent of the Taking. 210 B. Justice Brandeis's Dissenting Opinion. 211 1. Lawfully Imposed. 211 2. Not a... 2023
William Y. Chin "WE WANT OUR LAND BACK": RETURNING LAND TO FIRST PEOPLES IN THE LAND RETURN ERA USING THE NATIVE LAND CLAIMS COMMISSION TO REVERSE CENTURIES OF LAND DISPOSSESSION 24 Scholar: St. Mary's Law Review on Race and Social Justice 335 (2023) Introduction. 337 I. The First Peoples Land Inhabitance Era. 339 II. The European Land Dispossession Era. 340 III. The American Land Dispossession Era. 342 A. The United States' Continuing Reliance on the Discovery Doctrine. 342 B. The United States' History of Unjust Land Confiscations. 343 IV. The First Peoples Land Return Era. 345 A.... 2023
Audrey Glendenning , Martin Nie , Monte Mills (SOME) LAND BACK . SORT OF: THE TRANSFER OF FEDERAL PUBLIC LANDS TO INDIAN TRIBES SINCE 1970 63 Natural Resources Journal 200 (Summer, 2023) Federal public lands in the United States were carved from the territories of Native Nations and, in nearly every instance, required that the United States extinguish pre-existing aboriginal title. Following acquisition of these lands, the federal government pursued various strategies for them, including disposal to states and private parties,... 2023
Juliana Vélez-Echeverri and Camila Bustos A HUMAN RIGHTS APPROACH TO CLIMATE-INDUCED DISPLACEMENT: A CASE STUDY IN CENTRAL AMERICA AND COLOMBIA 31 Michigan State International Law Review 403 (2023) The past decade was the warmest decade ever recorded. As climate impacts intensify, numbers of people displaced and in need of relocation increase. International law has yet to adapt to a changing climate and its implications for those most vulnerable. Experts still debate whether the existing refugee regime could provide a solution for those... 2023
Jasleen Shokar A NEW HOPE, WITH A NEW NEPA: HOW EXISTING ENVIRONMENTAL IMPACT STATEMENTS FAIL TO PROTECT PEOPLE OF COLOR AT THE FEDERAL LEVEL 13 Arizona Journal of Environmental Law & Policy 261 (Spring, 2023) Environmental Justice is a highly complex issue which centers on the fight to ensure a healthy environment for communities of color, the effects of which have been largely ignored by the federal government. The National Environmental Policy Act (NEPA) contains promising mandates such as the creation of an Environmental Impact Statement wherein the... 2023
Clara Goodwin A TOOL TO BUILD A WORKING-CLASS ENVIRONMENTAL MOVEMENT: PROPOSAL FOR AN INDUSTRIAL WORKERS SAFETY ACT 72 Washington University Journal of Law & Policy 219 (2023) The consequences of climate change are far-reaching and ripple throughout various aspects of society; one such consequence is the urgent need for overhaul of systems across the energy production, transportation, and industrial manufacturing industries. Unfortunately, such system improvements run contrary to the interests of powerful, influential... 2023
Olivia Magliozzi A WELL-FOUNDED FEAR OF THE CLIMATE: UTILIZING ENVIRONMENTAL GOVERNANCE STRUCTURES TO PROTECT CLIMATE REFUGEES 46 Suffolk Transnational Law Review 123 (Winter, 2023) An international, collective failure to mitigate climate change and protect the refugees it leaves in its wake is among the greatest threats facing humanity presently and into the future. The definition of refugee was ascribed during the Geneva Convention of 1951 (1951 Geneva Convention) during a time when climate change was unimaginable, as a... 2023
Allegra McLeod ABOLITION AND ENVIRONMENTAL JUSTICE 69 UCLA Law Review 1536 (September, 2023) During the coronavirus pandemic, movements for penal abolition and racial justice achieved dramatic growth and increased visibility. While much public discussion of abolition has centered on the call to divest from criminal law enforcement, contemporary abolitionists also understand public safety in terms of building new life-sustaining... 2023
Vanessa Racehorse , Anna Hohag ACHIEVING CLIMATE JUSTICE THROUGH LAND BACK: AN OVERVIEW OF TRIBAL DISPOSSESSION, LAND RETURN EFFORTS, AND PRACTICAL MECHANISMS FOR #LANDBACK 34 Colorado Environmental Law Journal 175 (Spring, 2023) C1-2Table of Contents Introduction. 176 I. History of Forcible Dispossession of Indigenous Lands. 178 A. Doctrine of Discovery, Broken Treaties, and Indian Removal. 178 B. Land Back as More than a Movement. 183 II. Correlation Between Dispossession and Climate Change. 184 A. Shifting Land Management Practices. 185 1. Historical Indigenous Practices... 2023
Jim Rossi , J.B. Ruhl ADAPTING PRIVATE LAW FOR CLIMATE CHANGE ADAPTATION 76 Vanderbilt Law Review 827 (April, 2023) The private law of torts, property, and contracts will and should play an important role in resolving disputes regarding how private individuals and entities respond to and manage the harms of climate change that cannot be avoided through mitigation (known in climate change policy dialogue as adaptation). While adaptation is commonly presented as... 2023
Tiffany Canate, et al. ADVANCING ENVIRONMENTAL HEALTH AND JUSTICE: A CALL FOR ASSESSMENT AND OVERSIGHT OF HEALTHCARE WASTE 53 Environmental Law 147 (Spring, 2023) Tiffany Canate , Michele Okoh , Crystal Dixon , Natalie Sampson , Kandyce Dunlap , Fatemeh Shafiei , Jay Herzmark , Lindsay Tallon , Na'Taki Osborne Jelks , Theodora Tsongas , Denise Patel , Olivia Wilson , Eric Persaud , Omega Wilson, Brenda Wilson , Vincent Martin , Kelly McLaughlin , Margarita Asiain Healthcare waste adversely impacts society in... 2023
Hilary Jacobs, Kirstin Gruver ADVANCING NET-ZERO GOALS TO ACHIEVE ENVIRONMENTAL JUSTICE 38-SUM Natural Resources & Environment 19 (Summer, 2023) The last two years have seen unprecedented levels of federal and state activity aimed at addressing historical environmental injustices prevalent in the United States. While the concept of environmental justice (EJ) as a national policy priority may seem relatively new, the recent activity is the result of decades of work by trailblazing community... 2023
Kristin King-Ries ADVOCATING FOR COMMUNITY LAND TRUSTS 31 Journal of Affordable Housing & Community Development Law 365 (2023) A Brief History. 365 I. What Is a CLT, Exactly?. 370 II. If CLTs Do Not Need Legislation to Function, Why Bother? CLTs Need Legislation to Thrive. 374 III. Access to Land: New York City and a Proposed CLT Right of First Refusal. 376 IV. Enabling Legislation and Consistent Tax Policies: The Guadalupe Neighborhood Development Corporation and the... 2023
A. U'ilani Tanigawa Lum AIA I WAI'OLI KE ALOHA 'INA: RE-CENTERING 'INA AND INDIGENOUS KNOWLEDGE FOR RESTORATIVE ENVIRONMENTAL JUSTICE 41 UCLA Journal of Environmental Law & Policy 301 (2023) This Article explores Knaka Maoli's (Native Hawaiians') work to re-center principles of Indigenous biocultural resource management in decisionmaking to more fully realize restorative environmental justice. To do so, it contextualizes 'ina (land and natural resources) as Knaka Maoli's natural counterpart. Deploying a contextual inquiry framework... 2023
John Leshy AMERICA'S PUBLIC LANDS: WHAT HISTORY SUGGESTS ABOUT THEIR FUTURE 34 Colorado Environmental Law Journal 1 (Winter, 2023) C1-2Table of Contents Introduction. 2 I. The Major Themes of Public Land Political History. 3 II. How the National Forest System Came About. 5 III. Other Land Acquisition Programs. 9 IV. Reserving the Remaining Public Lands in the 1930s. 10 V. Congress Reclaims Authority from the Executive. 13 VI. Public Land Policy from Reagan to Trump. 17 VII.... 2023
Rebecca Dixon AMID CLIMATE DISASTERS, WORKERS DEMAND A RIGHT TO SAFETY 49 Human Rights 6 (October, 2023) Many years ago, I was a college student at home in Mississippi for the summer and in need of a temporary job. Lured by the promise of good pay, I took a job on the production line at a chicken plant. I will never forget the air, pungent with the smell of feathers and machinery. Amid the sounds of clanging metal and whirring conveyor belts, dozens... 2023
Sidney M. Lewellen AN ARGUMENT FOR MULTI-DISTRICT CLIMATE LITIGATION 20 Indiana Health Law Review 411 (2023) Climate change is no longer an abstract problem for future generations. It is an immediate threat to human life and health, the tangible effects of which can be seen and felt around the world. The news is teeming with examples of climate disasters. In March 2022, an Antarctic ice shelf the size of Rome collapsed due to abnormally high temperatures.... 2023
Luca Greco AN ENVIRONMENTAL JUSTICE ANALYSIS OF THE EXCLUSION OF FARMWORKERS FROM THE NATIONAL LABOR RELATIONS ACT 47 Harvard Environmental Law Review 309 (2023) The exclusion of farmworkers from the National Labor Relations Act has left workers in agriculture unprotected from essential labor rights including the right to organize, bargain with employers, and engage in collective action. These workers, unable to demand safer working conditions, may in turn be exposed to toxic pesticides, extreme heat,... 2023
Ricardo Perlingeiro , Luísa Silva Schmidt An Overview of Environmental Justice in Brazil 12 British Journal of American Legal Studies 27 (Spring, 2023) This article discusses environmental conflict resolution in Brazil in both the administrative and judicial spheres, with the aim of analyzing the configuration of the bodies in charge of such adjudication, the procedural instruments at their disposal, and the main types, grounds and effects of environmental claims. An overview of the Brazilian... 2023
Linda K. Breggin, Kristen Sarna, Henry Woods, Michael P. Vandenbergh ANALYSIS OF ENVIRONMENTAL LAW SCHOLARSHIP 2021-2022 53 Environmental Law Reporter (ELI) 10623 (August, 2023) The Environmental Law and Policy Annual Review (ELPAR) is published by the Environmental Law Institute's (ELI's) Environmental Law Reporter in partnership with Vanderbilt University Law School. ELPAR provides a forum for the presentation and discussion of some of the most creative and feasible environmental law and policy proposals from the legal... 2023
Haijing Wang, Mingqing You ANNUAL REVIEW OF CHINESE ENVIRONMENTAL LAW DEVELOPMENTS: 2022 53 Environmental Law Reporter (ELI) 10367 (May, 2023) In China, the year 2022 witnessed the further evolution of environmental protection and development of legislation and rulemaking. This mainly included adoption of the Black Soil Protection Law and the Yellow River Protection Law, as well as revision of the Animal Husbandry Law and the Wildlife Protection Law. This Comment summarizes some of the... 2023
Aisha I. Saad ATTRIBUTION FOR CLIMATE TORTS 64 Boston College Law Review 867 (April, 2023) Introduction. 868 I. Litigating Climate Torts. 874 A. Climate Change in the Courts. 875 B. Developments in Climate Change Attribution. 877 C. Surveying the Law and Science of Climate Torts. 879 II. Attribution for Climate Torts.. 882 A. Political Question. 882 B. Standing. 886 C. Duty, Foreseeability, and Breach. 892 D. Causation. 896 E. Damages.... 2023
Danielle Gabay , Roee Furman , Dov Greenbaum AUTONOMOUS SHIPS: ENGINES OF ENVIRONMENTAL PROTECTION 47 Tulane Maritime Law Journal 403 (Summer, 2023) As the COVID-19 pandemic has proven, the archaic shipping industry remains an integral part of the global supply chain and, as a result, an invaluable contributor to the world's general economic well-being. Artificial Intelligence (AI) is a considerably more recent component of our global economic activity and, perhaps, ultimately more valuable to... 2023
Emily Sims BACKYARDS TO JUNKYARDS: EXPOSING ALABAMA'S ENVIRONMENTAL INJUSTICE 14 Alabama Civil Rights & Civil Liberties Law Review 27 (2022-2023) I. Gravity of the Deficient System. 28 II. Fighting for Home and Heritage in the Face of Filth. 30 A. Ashurst Bar and Smith Community, Tallassee, Alabama. 30 B. Uniontown, Alabama. 34 C. Dothan, Alabama. 38 D. Adamsville, Alabama. 41 E. Emelle, Alabama. 44 III. Pronounced Problems. 47 IV. Paradigm for Environmental Equality. 51 V. Conclusion. 54 2023
Benjamin Longbottom , Aley Gordon BEYOND ALL DROUGHT: IMPROVING URBAN WATER CONSERVATION IN THE WEST THROUGH INTEGRATIVE WATER AND LAND USE POLICY 63 Natural Resources Journal 88 (Winter, 2023) Although droughts have long plagued the western United States, rapid population growth and climate change are making the American West increasingly water insecure. In some western states, including Arizona, Colorado, and California, decisionmakers are responding to these changes with innovative water conservation-focused land use policies. In other... 2023
Josephine Rosene CANCER ALLEY: A CASE STUDY OF ENVIRONMENTAL INJUSTICE AND SOLUTIONS FOR CHANGE 16 University of St. Thomas Journal of Law & Public Policy 501 (March, 2023) Inspiration for this paper comes from a particular moment in history, in which a seed for change was planted but ultimately never allowed to take root. The moment to which I refer took place on January 16, 1865, when Major General William Tecumseh Sherman issued Special Field Order No. 15. Special Field Order No. 15 called for the confiscation of... 2023
Liam Veazey CHEMICAL DISASTERS: AN URGENT ENVIRONMENTAL JUSTICE ISSUE IN TEXAS 52 Texas Environmental Law Journal 108 (Winter, 2022-2023) I. Introduction. 109 II. Chemical Disasters and Environmental Justice. 110 A. Chemical Releases and Explosions in Texas: A New Normal. 110 1. The Problem. 110 2. Recent Incidents. 112 3. Climate Change: Raising the Threat. 115 4. Why Chemical Disasters are an Environmental Justice Issue. 117 B. Important Questions for Drafting the Right Policy... 2023
Jeff Todd CLIMATE CAP AND TRADE AND POLLUTION HOT SPOTS: AN ECONOMICS PERSPECTIVE 39 Georgia State University Law Review 1003 (Summer, 2023) Although cap and trade is overwhelmingly preferred by economists for reducing greenhouse gases and spurring the adoption of renewables and other zero-carbon alternatives, some scholars and advocates worry that it allows firms to concentrate operations in poor and minority neighborhoods, thus leading to hot spots of harmful co-pollutants.... 2023
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