Brett G. Roberts RETURNING THE LAND: NATIVE AMERICANS AND NATIONAL PARKS 21 Ave Maria Law Review 148 (Spring, 2023) The best things we experience, the best things we know are immaterial things. They're ideas or emotions . if you look at the earth, there are certain places that seem to have power, and we don't know what kind of power it is except you have a different feeling, you feel energized .. How do you approach that, take something that's larger in yourself... 2023
Carlota Gonzalez Gallego REVIEW OF THE LEGAL FRAMEWORK FOR REFUGEES AND PROPOSALS FOR THE EFFECTIVE PROTECTION OF HUMAN RIGHTS IN THE CONTEXT OF THE CLIMATE EMERGENCY 29 ILSA Journal of International and Comparative Law 411 (Summer, 2023) I. Introduction. 412 II. The Impact of Climate Change on Refugee Law: Differences Between the European Union and International Law. 414 A. Climate change: the main cause of environmental migration. 414 B. New York Declaration for Refugees and Migrants. 420 C. The European Union and the refugees. 423 D. Mexico's Refugee System. 425 III. Comparative... 2023
Bailey McNamara REVISITING "REFUGEE" IN A CHANGING CLIMATE: HOW MIGRANTS IMPACTED BY CLIMATE CHANGE AND THE TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTE FIT INTO EXISTING REFUGEE POLICY 54 Seton Hall Law Review 571 (2023) More than 10 percent of the world's population may lack secure, legal residence by the year 2050. Projections of mass migration accompany increasingly dire predictions of climate change impacts. Rising global temperatures, elevating ocean levels, and intensifying droughts are projected to displace more than one billion people in the next thirty... 2023
Cale Jaffe SACKETT AND THE UNRAVELING OF FEDERAL ENVIRONMENTAL LAW 53 Environmental Law Reporter (ELI) 10801 (October, 2023) On May 25, the U.S. Supreme Court dropped an absolute bombshell with its ruling in Sackett v. Environmental Protection Agency. It is a monumental Clean Water Act (CWA) case, but also much more than that. To be sure, the bold headline on Sackett is that the Court eliminated a major swath of CWA protections. But the subheading should focus on the... 2023
William J. Snape III, Elena Gartner SDG 15: LIFE ON LAND 53 Environmental Law Reporter (ELI) 10143 (February, 2023) In 2015, the United Nations Member States, including the United States, unanimously approved 17 Sustainable Development Goals (SDGs) to be achieved by 2030. In a forthcoming book, leading legal scholars examine each of the SDGs and recommend a suite of government, private-sector, and civil society actions to help the United States achieve these... 2023
Sandra B. Zellmer SEEKING SOLACE IN OPEN SPACES: OUR COMMON GROUND: A HISTORY OF AMERICA'S PUBLIC LANDS BY JOHN D. LESHY (YALE UNIVERSITY PRESS, 736 PAGES; 2022) 63 Natural Resources Journal 124 (Winter, 2023) Space has a spiritual equivalent and can heal what is divided and burdensome in us. In the winter of 2016, the nation's attention was gripped by a 41-day standoff between armed militants and law enforcement officers at the Malheur National Wildlife Refuge in rural southeastern Oregon. The seeds of the Malheur occupation were sown when members of... 2023
Joe Udell SHIFTING BORDERS, SUBMERGED STATES, AND NOVEL HUMAN RIGHTS CLAIMS: HOW CLIMATE CHANGE IMPACTS COULD HELP REMEDIAL SECESSION CRYSTALLIZE INTO CUSTOMARY INTERNATIONAL LAW AND BRING OPPRESSED PEOPLES CLOSER TO INDEPENDENCE 25 Vermont Journal of Environmental Law 28 (Fall, 2023) INTRODUCTION. 29 I. REMEDIAL SECESSION UNDER CUSTOMARY INTERNATIONAL LAW. 30 A. Friendly Relations Declaration. 30 B. Judicial Decisions. 32 1. League of Nations. 32 2. Supreme Court of Canada. 33 3. African Commission on Human and Peoples' Rights. 34 4. International Court of Justice. 35 C. State Practice. 36 1. Bangladesh. 37 2. Croatia. 38 3.... 2023
Brent D. Chicken, Amanda J. Dick SOVEREIGN LANDS 9 One J: Oil and Gas, Natural Resources, and Energy Journal 351 (December, 2023) C1-2Table of Contents I. Introduction. 351 II. Federal Regulatory Developments. 352 A. Amendments to and Issuance of Agency Rules. 352 B. Executive Action. 354 III. Judicial Developments. 355 A. Moratorium on Federal Leases. 355 B. Royalty Calculations on Tribal Lands. 356 C. Extension of Tribal Immunity. 358 D. Operator Trespass on Tribal Land.... 2023
Megan Wagner STANDING ROCK SIOUX TRIBE: WHY WINNING VACATUR UNDER NEPA MAY NOT BE ENOUGH TO LIMIT DAMAGE TO THE ENVIRONMENT 44 Energy Law Journal 139 (2023) I. Introduction. 139 II. Background. 141 A. History of Lake Oahe and the Standing Rock Sioux Tribe. 141 B. A General History of U.S. Pipelines and DAPL. 142 C. Permitting Procedures and Permissions. 143 1. National Historic Preservation Act, Section 106. 143 2. National Environmental Policy Act. 144 D. Relevant Treaties and Acts. 145 III. Analysis.... 2023
Gabriel Pacyniak STATE SEQUESTRATION: FEDERAL POLICY ACCELERATES CARBON STORAGE, BUT LEAVES FULL CLIMATE, EQUITY PROTECTIONS TO STATES 14 San Diego Journal of Climate & Energy Law 95 (2022-2023) C1-2Table of Contents Abstract. 97 I. Introduction. 97 II. Background: Carbon Capture and Sequestration. 103 III. The Potential for Climate Mitigation of Various CCS Applications. 110 A. No Climate Benefit: EOR with Naturally-Occurring CO2. 112 B. Some Climate Benefits: CCS Applications that Partially Reduce Emissions as Compared to... 2023
Naima Fifita STEPS TOWARD A "DIGNIFIED" CLIMATE-MIGRATION FOR PACIFIC PEOPLES 24 Asian-Pacific Law and Policy Journal 53 (Spring, 2023) I. Introduction. 53 II. What Are We Fighting For?. 59 A. The Environmental Wrong. 59 B. Existing Refugee Framework and its Inadequacy in the Face of Climate Migration. 62 III. A Values-Based Analytical Framework. 65 A. Tu Tokotasi: Self-Determination and Environmental Justice in the Context of Climate Change and Climate-Induced Migration. 67 1.... 2023
Abigail M. Hunt, Robin M. Rotman STEWARDING AMERICA'S FEDERAL PUBLIC LANDS 39 Practical Real Estate Lawyer 3 (11/1/2023) The authors would like to acknowledge Sydney Bennett, JD, a graduate at the University of Missouri School of Law (2023), for her valuable research assistance. This land is your land, this land is my land. This land was made for you and me. --Woody Guthrie The iconic Woody Guthrie Song This Land Is Your Land is a song celebrating the great... 2023
Luis González SUGGESTIONS: ENVIRONMENTAL JUSTICE POLICY MODELS FOR RIVERSIDE COUNTY, CALIFORNIA 44 University of La Verne Law Review 101 (Fall, 2023) Introduction. 102 Background. 103 Analysis. 105 Environmental Justice Review Process. 107 The Purpose of an Environmental Justice Review Process. 107 The Current State of Riverside. 108 The Shortcomings of Riverside's Existing Programs. 109 Recommendations and Policy Suggestions on Implementing an Environmental Justice Review Process. 112 Green... 2023
Carl Stenberg , Alexander Lawson TECHNOLOGY AGNOSTICISM AND CARBON CAPTURE: A PRACTICAL EFFORT AGAINST CLIMATE CHANGE IN AN ERA OF POLARIZED POLICYMAKING 53 Texas Environmental Law Journal 44 (Winter/Spring, 2023) I. Climate Change and the Challenges Ahead. 45 II. The Energy Transition and the Role of NETs. 51 A. Hydrocarbon Dependency and the Need for NETs. 51 B. Carbon Capture: Overview. 54 C. Sequestration: Overview. 58 D. CCS, Enhanced Oil Recovery, and the Re-Use of CO2. 61 III. Economic Drivers and Political Landscape: Congress and CCS. 64 A. Current... 2023
Greg Dotson, Dustin J. Maghamfar THE CLEAN AIR ACT AMENDMENTS OF 2022: CLEAN AIR, CLIMATE CHANGE, AND THE INFLATION REDUCTION ACT 53 Environmental Law Reporter (ELI) 10017 (January, 2023) The Inflation Reduction Act (IRA) of 2022 added seven new sections to the Clean Air Act (CAA) and provided the U.S. Environmental Protection Agency (EPA) with substantial new authorities and resources. This Article examines these new amendments and the EPA-related provisions of the IRA, and explains the major implications of this historic... 2023
Dania V. Francis , Grieve Chelwa , Darrick Hamilton , Thomas W. Mitchell , Nathan A. Rosenberg , Bryce Wilson Stucki THE CONTEMPORARY RELEVANCE OF HISTORIC BLACK LAND LOSS 48 Human Rights 4 (2023) Luke McElroy, a Black farmer who owned 155 acres of land in Cherokee County, Alabama, was shot to death in 1949 by a neighboring white farmer over a property dispute. In Amite County, Mississippi, Reverend Isaac Simmons, also a Black farmer, was lynched by six white men in 1944 when he refused to give up his farmland to the men, who thought it... 2023
Nicholas A. Robinson THE DAWN OF ENVIRONMENTAL HUMAN RIGHTS IN NEW YORK 95-AUG New York State Bar Journal 41 (July/August, 2023) On Election Day in 2021, New York's voters added Section 19 to the state's constitutional Bill of Rights. They reaffirmed a human birthright to clean air, clean water and a healthful environment. New York's constitutional Bill of Rights now guarantees the liberty that each person shall have a right to clean air and water, and a healthful... 2023
Samantha Rudelich THE DETROIT LAND BANK AUTHORITY: A MODERN TOOL PERPETUATING RACISM & CLASSISM IN THE CITY 30 Georgetown Journal on Poverty Law and Policy 619 (Spring, 2023) Detroit has a long history of pushing out local residents and limiting their land ownership; a history rooted in racism and classism. This has led to large amounts of land in the city not under the control of residents and long-time Detroiters, but under the control of the city itself. Cities with large amounts of vacant and foreclosed land across... 2023
Blake Welborn THE ENERGY CAPITAL OF THE WORLD AND ENVIRONMENTAL JUSTICE: CITIZEN SUITS IN HOUSTON 53 Texas Environmental Law Journal 195 (Winter/Spring, 2023) I. Introduction. 196 II. Houston and the Environmental Justice Movement. 196 A. Demographics. 196 B. A City With No Zoning. 197 C. An Introduction to Environmental Justice. 199 D. The Energy Capital of the World. 200 E. Double Jeopardy in Houston. 201 III. Environmental Citizen Suits and Standing. 202 A. Citizen Suits. 202 B. Standing. 204 1.... 2023
  THE ENVIRONMENTAL JUSTICE IMPACTS OF PLASTIC POLLUTION 53 Environmental Law Reporter (ELI) 10791 (October, 2023) Plastic pollution is a global environmental problem with a disproportionate impact on marginalized communities and other vulnerable groups. On June 27, 2023, the Environmental Law Institute (ELI), ELI's Women in Environmental Law & Leadership initiative, the Monterey Bay Aquarium, and WilmerHale co-hosted a panel of experts who explored the... 2023
Sarah Dávila A. THE ESCAZÚ AGREEMENT: THE LAST PIECE OF THE TRIPARTITE NORMATIVE FRAMEWORK IN THE RIGHT TO A HEALTHY ENVIRONMENT 42 Stanford Environmental Law Journal 63 (February, 2023) I. Introduction. 64 II. The Escazú Agreement and the Inter-American System for the Protection of Human Rights. 69 A. Advisory Opinion on the Environment and Human Rights OC-23/17. 74 B. Comunidades Indígenas Miembros de la Asociación Lhaka Honhat (Nuestra Tierra) v. Argentina. 76 C. What is the Escazú Agreement?. 78 D. The Right to a Healthy... 2023
Sanne H. Knudsen THE EXOSKELETON OF ENVIRONMENTAL LAW: WHY THE BREADTH, DEPTH, AND LONGEVITY OF ENVIRONMENTAL LAW MATTERS FOR JUDICIAL REVIEW 2023 Utah Law Review 1 (2023) Environmental law is pragmatic, inevitable, and intentional. In the aggregate, the numerous federal environmental statutes are not simply a patchwork of ad hoc responses or momentary political breakthroughs to isolated public health problems and resource concerns. Together, they are a group of repeated, legislatively-backed commitments to embrace... 2023
Kate Gehling THE FAIR HOUSING ACT AFTER INCLUSIVE COMMUNITIES: WHY ONE-TIME LAND-USE DECISIONS CAN STILL ESTABLISH A DISPARATE IMPACT 90 University of Chicago Law Review 1471 (September, 2023) The Fair Housing Act (FHA) is a civil rights statute that prohibits housing discrimination against several protected classes. One theory of liability under the FHA is disparate impact, in which a plaintiff alleges that the defendant's policy or practice, although facially neutral, nevertheless has discriminatory effects because it... 2023
Amy Brimah THE FUTURE OF EXCLUSIONARY ZONING AND LAND USE IN COLORADO 52-DEC Colorado Lawyer 34 (December, 2023) This article discusses the origins of zoning laws and the effects of zoning on various societal issues. Editors' Note: This article contains author opinion. Any statements of opinion are the author's own and do not necessarily reflect the views of Colorado Lawyer editors or the Colorado Bar Association. Initially introduced in the early 20th... 2023
Hannah Wilson THE GENDERED FACE OF CLIMATE CHANGE: EXPLORING THE IMPACT OF CLIMATE CHANGE ON GENDER-BASED VIOLENCE AND THE ROLE OF STATE AND NON-STATE ACTORS IN EFFECTING CLIMATE JUSTICE 38 American University International Law Review 381 (2023) I. INTRODUCTION. 382 II. THE NEXUS BETWEEN CLIMATE CHANGE AND GENDER-BASED VIOLENCE. 385 III. CLIMATE CHANGE, HUMAN RIGHTS, AND STATE RESPONSIBILITY. 392 A. State Obligations in Relation to Climate Change. 400 B. United Nations Framework Convention on Climate Change. 402 C. Framework Principles. 403 D. Procedural Obligations. 404 E. Substantive... 2023
J.B. Ruhl , James Salzman THE GREENS' DILEMMA: BUILDING TOMORROW'S CLIMATE INFRASTRUCTURE TODAY 73 Emory Law Journal 1 (2023) We need to make it easier to build electricity transmission lines. This plea came recently not from an electric utility executive but from Senator Sheldon Whitehouse, one of the Senate's champions of progressive climate change policy. His concern is that the massive scale of new climate infrastructure urgently needed to meet our nation's... 2023
Berta Esperanza Hernández-Truyol THE HUMAN ENVIRONMENT: AWAKENING TO THE INDOMITABLE CUBAN SPIRIT-- GOVERNMENT, CULTURE, AND PEOPLE 17 FIU Law Review 563 (Spring, 2023) I. Introduction. 563 II. Government. 566 III. Culture. 580 A. Race. 583 B. Sex/Gender. 589 C. LGBTQ. 591 IV. The Cuban People/La Gente Cubana. 594 V. Conclusion. 606 2023
Jordan K. Medaris THE IMPACT OF CLIMATE CHANGE ON THE CULTURAL IDENTITY OF INDIGENOUS PEOPLES AND THE NATION'S FIRST "CLIMATE REFUGEES" 47 American Indian Law Review 1 (2022-2023) I am convinced that climate change, and what we do about it, will define us, our era, and ultimately the global legacy we leave for future generations. Today, the time for doubt has passed. - U.N. Secretary-General Ban Ki-moon The people of the world cannot continue to ignore Aboriginal Indigenous Peoples, the Natural System of Life, the Natural... 2023
Frank D. LoMonte , Daniel Delgado THE IMPORTANCE OF ACCESSIBLE GOVERNMENT DATA IN ADVANCING ENVIRONMENTAL JUSTICE 47 William and Mary Environmental Law and Policy Review 827 (Spring, 2023) In 2021, investigative journalists with the nonprofit news service ProPublica drew on federal data to create what ProPublica's reporting team called an unparalleled view of how toxic air blooms around industrial facilities and spreads into nearby neighborhoods. A package of articles and graphics visually dramatized the problem of sacrifice... 2023
Zoe Vogel THE IMPORTANCE OF ENSURING AN ACCESSIBLE FEDERAL ACKNOWLEDGMENT PROCESS FOR INDIGENOUS TRIBES IN THE FACE OF THE CLIMATE CRISIS 36 Tulane Environmental Law Journal 275 (Summer, 2023) I. Introduction. 275 II. Federal Acknowledgment Process: Procedures for Establishing that an American Indian Group Exists as an Indian Tribe. 278 A. History of Federal Recognition. 278 B. Current Process. 282 III. The Importance of an Accessible Federal Acknowledgment Process for Indigenous Tribes. 284 A. Right to Culture. 285 B. Access to Federal... 2023
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