Norman A. Dupont SEER, ENVIRONMENTAL JUSTICE, AND DIVERSITY--TOWARD IMPLEMENTING THE 2021 ABA RESOLUTION 54 No. 1 ABA Trends 19 (September/October, 2022) In August 2021 the ABA House of Delegates adopted a Section initiated and sponsored Resolution No. 513. That resolution provided for the ABA to advance environmental justice (EJ) programs and further resolved that the ABA urges all organizations with law-related practices to consider the perspectives and communities of color, indigenous... 2022
April Crain SLEIGHT OF LAND: THE SOCIOENVIRONMENTAL IMPACTS OF GLOBAL LAND TRADE IN THE INTERNATIONAL INVESTMENT SYSTEM 33 Colorado Environmental Law Journal 219 (Winter, 2022) C1-2Table of Contents Introduction. 220 I. Southward Expansion. 222 A. Global Land Trade and Foreign Direct Investment. 224 1. Large-Scale Land Acquisition. 224 2. Resource-Seeking Bilateral Lending. 226 B. Socioenvironmental Impacts of Global Land Trade. 229 1. Deforestation and Biodiversity Loss Due to Land-Use Changes. 230 2. Increased... 2022
Eric Biber , Giulia Gualco-Nelson , Nicholas Marantz , Moira O'Neill SMALL SUBURBS, LARGE LOTS: HOW THE SCALE OF LAND-USE REGULATION AFFECTS HOUSING AFFORDABILITY, EQUITY, AND THE CLIMATE 2022 Utah Law Review 1 (2022) Housing costs in major coastal metropolitan areas nationwide have skyrocketed, impacting people, the economy, and the environment. Land-use regulation, controlled primarily at the local level, plays a major role in determining housing production. In response to this mounting housing crisis, scholars, policymakers, and commentators are debating... 2022
Brent D. Chicken, Amanda J. Dick SOVEREIGN LANDS 8 One J: Oil and Gas, Natural Resources, and Energy Journal 517 (December, 2022) C1-2Table of Contents I. Introduction. 517 II. Federal Regulatory Developments. 518 A. Amendments and Policy Updates. 518 B. New Rules. 521 C. Looking Forward. 523 III. Judicial Developments. 524 A. Moratorium on Federal Leases. 524 B. BLM Environmental Review. 526 C. CO2 Royalties Under Federal Leases. 526 D. Pipeline Regulations. 527 2022
James McElfish STATE PROTECTION OF NONFEDERAL WATERS: TURBIDITY CONTINUES 52 Environmental Law Reporter (ELI) 10679 (September, 2022) Judicial or administrative changes in the regulatory scope of the 1972 Clean Water Act (CWA) are not merely theoretical, but directly affect members of the public who rely on the services that waters provide to ecosystems and the health of communities. Changes also affect entities that discharge pollutants to waters, and state regulators that are... 2022
Samuel T. Ayres STATE WATER OWNERSHIP AND THE FUTURE OF GROUNDWATER MANAGEMENT 131 Yale Law Journal 2213 (May, 2022) Climate change--bringing worse drought and more erratic weather--will both increase our need for groundwater and shrink the amount available. Managing dwindling groundwater reserves poses stark legal and policy challenges, which fall largely on the states. But in many states, antiquated legal regimes allow for an unrestricted race to pump aquifers... 2022
Jon W. Katchen , Nicholas Ostrovsky STRANGERS IN THEIR OWN LAND: A SURVEY OF THE STATUS OF THE ALASKA NATIVE PEOPLE FROM THE RUSSIAN OCCUPATION THROUGH THE TURN OF THE TWENTIETH CENTURY 39 Alaska Law Review 1 (June, 2022) The federal government's scattershot treatment of Alaska Natives has long created confusion over the legal status and rights of Alaska Natives and Alaska Native entities. This confusion was center stage in the recent Supreme Court case, Yellen v. Confederated Tribes of the Chehalis Reservation, involving Indian Tribe entitlement to CARES Act... 2022
Emily Reeves TAKING BACK SOVEREIGNTY: THE IMPORTANCE OF NATIVE VOICES IN ADDRESSING ENVIRONMENTAL HARMS TO NATIVE LAND 52 California Western International Law Journal 615 (Spring, 2022) C1-2Table of Contents Introduction. 616 I. History of Tribal Sovereignty. 619 II. Tribal Sovereignty and Environmental Rights. 620 III. Description of Controversy. 623 A. The Enbridge Pipeline. 624 B. Department of Natural Resources v. White Earth Band of Ojibwe. 625 IV. Repercussions of Department of Natural Resources v. White Earth Band of... 2022
Lauren Reznick TAKING ON PAST INJUSTICES: NEW LAND COURT PROCEDURE OFFERS SOLUTIONS TO HOMEOWNERS FOR RACIALLY RESTRICTIVE COVENANTS IN LAND RECORDS 66-WTR Boston Bar Journal 19 (Winter, 2022) No part of the land hereby conveyed or any of the improvements thereon shall ever be sold, leased, traded, deeded or donated to any one other than of the Caucasian race. These above words live within Massachusetts land records and remind us of a not-too-distant shameful past. Throughout the early twentieth century, racially restrictive covenants,... 2022
Luis Inaraja Vera TAKINGS PROPERTY AND APPROPRIATIVE WATER RIGHTS 44 Cardozo Law Review 271 (October, 2022) The Takings Clause of the Fifth Amendment to the United States Constitution provides that private property [shall not] be taken for public use, without just compensation. While courts and academics have put considerable amounts of effort into discussing the meaning of taken or public use, they have given far less attention to the phrase... 2022
Doug Williams TEACHING ENVIRONMENTAL LAW AFTER TRUMP 66 Saint Louis University Law Journal 469 (Spring, 2022) This Article addresses some of the challenges in teaching environmental law after the administration of President Donald Trump. The Trump Administration mounted a relentless, aggressive, and largely deregulatory overhaul of the nation's major environmental regulatory efforts, particularly the efforts of the prior Obama Administration. Many of these... 2022
Kevin Cassidy , Craig Johnston TEAR DOWN THIS WALL: ALIGNING THE CORPS' ENVIRONMENTAL REVIEW OBLIGATIONS UNDER NEPA AND THE CLEAN WATER ACT FOR SECTION 404 WETLAND PERMITS 52 Environmental Law 395 (Summer, 2022) Under its public interest review regulation, the U.S. Army Corps of Engineers (Corps) reserves to itself the power to consider a broad range of factors in determining whether it should issue Section 404 permits under the Clean Water Act (CWA). This review supplements, and is distinct from, the analysis that the Corps must engage in pursuant to... 2022
Michael J. Amato THE BEST AND WORST FORM OF ENVIRONMENTAL ENFORCEMENT: THIRD-PARTY PAYMENTS AND EXECUTIVE SETTLEMENT POLICY 110 Georgetown Law Journal 1171 (May, 2022) C1-2Table of Contents Introduction. 1172 I. Background of Third-Party Payments. 1178 A. HISTORICAL BACKGROUND. 1179 B. MODERN THIRD-PARTY PAYMENTS. 1181 1. Supplemental Environmental Projects. 1182 2. Equitable Mitigation. 1183 3. Community Service. 1184 4. Restitution. 1185 C. CRITICISM. 1186 1. Statutory Criticism. 1187 2. Policy Criticism. 1188... 2022
Casey Hellman, Staff Contributor THE BIDEN ADMINISTRATION'S NEW TOOL TO ADDRESS ENVIRONMENTAL INJUSTICE 10/23/2022 Georgetown Environmental Law Review Online 1 (23-Oct-22) Using the Explore the Map tool to view data for a specific community in Washington, D.C. On January 27, 2021, President Biden issued Tackling the Climate Crisis at Home and Abroad, an executive order intended to increase the primacy of climate issues in domestic and foreign policy. The Order created the Justice40 Initiative, which is a commitment... 2022
Skye M. Walker, 2021-2022 Symposium Editor THE CLEAN WATER ACT AT 50: REQUIEM OR RESURRECTION? 52 Environmental Law I (Summer, 2022) Fifty years ago, Congress passed the Federal Water Pollution Control Act of 1948 (later known as the Clean Water Act) in response to a disturbing public health issue: egregious pollution of U.S. waterbodies. The Cuyahoga River fire of 1969, among other events, generated national concern over water quality and set in motion a new regulatory era.... 2022
Tom I. Romero, II THE COLOR OF LOCAL GOVERNMENT: OBSERVATIONS OF A BROWN BUFFALO ON RACIAL IMPACT STATEMENTS IN THE MOVEMENT FOR WATER JUSTICE 25 CUNY Law Review 241 (Summer, 2022) This Article advocates for the adoption of racial impact statements (RIS) in local government decision making, particularly among water utilities. Situated in the larger history of water and climate injustice in Colorado and the arid American West, this Article examines ways that racially minoritized communities engage and contest legal and... 2022
  THE CONSTITUTIONAL RIGHT TO SAVE THE ENVIRONMENT 52 Environmental Law Reporter (ELI) 10007 (January, 2022) More than 50 years ago, Franklin Kury drafted and championed an Environmental Rights Amendment to the Pennsylvania Constitution. His book, The Constitutional Question to Save the Planet: The Right to a Healthy Environment (ELI Press 2021), expands upon the story of his amendment to demonstrate how its principles can be the basis for addressing... 2022
Khiara M. Bridges THE DYSGENIC STATE: ENVIRONMENTAL INJUSTICE AND DISABILITY-SELECTIVE ABORTION BANS 110 California Law Review 297 (April, 2022) Disability-selective abortion bans are laws that prohibit individuals from terminating a pregnancy because the fetus has been diagnosed with a health impairment. Many environmental toxins--to which low-income people and people of color disproportionately are exposed--are known to cause impairments in fetuses. When the fact of environmental... 2022
Gabriel J. Chin *, Anna Ratner ** THE END OF CALIFORNIA'S ANTI-ASIAN ALIEN LAND LAW: A CASE STUDY IN REPARATIONS AND TRANSITIONAL JUSTICE 29 Asian American Law Journal 17 (2022) For nearly a century, California law embodied a rabid anti-Asian policy, which included school segregation, discriminatory law enforcement, a prohibition on marriage with Whites, denial of voting rights, and imposition of many other hardships. The Alien Land Law was a California innovation, copied in over a dozen other states. The Alien Land Law,... 2022
Kylah Staley THE EXTRACTION INDUSTRY IN LATIN AMERICA AND THE PROTECTION OF INDIGENOUS LAND AND NATURAL RESOURCE RIGHTS: FROM CONSULTATION TOWARD FREE, PRIOR, AND INFORMED CONSENT 73 Hastings Law Journal 1145 (May, 2022) Resource extraction and exploitation threaten the survival of Indigenous and tribal peoples, who are amongst the most marginalized communities in the world. This is both a human rights issue and an environmental issue. There are around 300 million people that make up Indigenous communities worldwide, the majority of whom live in forests.... 2022
Shira Cohen THE FAILINGS OF THE UNITED STATES JUSTICE SYSTEM: LOBATO v. TAYLOR AND MEXICAN COMMUNITY LAND GRANTS 93 University of Colorado Law Review 841 (Summer, 2022) Introduction. 842 I. The Broken Promises of the Treaty of Guadalupe-Hidalgo. 845 A. Communal Land Ownership in Mexico. 846 B. The Treaty and Its Import to Community Land Grants. 847 C. Disregard of Community Land Grants and Treaty Violations. 849 1. Tameling and the Removal of Courts from the Land-Grant Confirmation Process. 849 2. Sandoval and... 2022
Lydia Heye THE FOSSIL FUEL PHASE-OUT'S MULTI-MILLION DOLLAR PROBLEM: AN ENVIRONMENTAL JUSTICE ANALYSIS OF IDLE OIL WELL MANAGEMENT IN CALIFORNIA 40 UCLA Journal of Environmental Law & Policy 61 (2022) Throughout the state of California, oil operators will continue to abandon thousands of their oil wells within the coming years. With the growing threats of climate change, local, state and federal policymakers are looking away from fossil fuels and towards supporting renewable energy generation. In April 2021, California Governor Gavin Newson... 2022
Joshua Ozymy , Melissa Jarrell Ozymy THE GREEN POLICE IN THE GOLDEN STATE: AN ANALYSIS OF THE CRIMINAL ENFORCEMENT OF ENVIRONMENTAL LAW IN THE STATE OF CALIFORNIA 28 Hastings Environmental Law Journal 3 (Winter, 2022) The use of criminal enforcement tools is necessary for deterring and punishing environmental offenses involving significant harm or culpable conduct. Yet we have very limited empirical knowledge of how the criminal enforcement of environmental laws has functioned historically in the Golden State. Through content analysis of prosecution summaries... 2022
Kirsten Williams THE IMPACT OF FORESIGHT: REFRAMING DISCRIMINATORY INTENT TO PROPERLY REMEDY ENVIRONMENTAL RACISM 59 Houston Law Review 1231 (Spring, 2022) For too long, minority communities have been forced to accept the consequences of living near landfills, hazardous waste sites, industrial facilities, contaminated water sources, and other locally undesirable land uses at higher rates than nonminority communities. Many environmental justice advocates hope for expanded availability of the disparate... 2022
Scott W. Stern THE JUSTICE FROM MONSANTO: THE ENVIRONMENTAL LIFE AND LAW OF CLARENCE THOMAS 46 Harvard Environmental Law Review 67 (2022) Ever since his controversial 1991 confirmation hearings, Justice Clarence Thomas has been the subject of ravenous popular and scholarly interest. Today, there is a veritable shelf of books and studies analyzing his biography, his ideology, and his jurisprudence. Yet one area has been missing from the existing literature: environmental law. Few... 2022
Stella Emery Santana THE LEGAL ASPECTS OF WATER AS A HUMAN RIGHT ACCORDING TO THE 2030 AGENDA: A COMPARATIVE ANALYSIS BETWEEN BRAZIL AND THE UNITED STATES OF AMERICA 32 Indiana International & Comparative Law Review 287 (2022) This research article demonstrates the legal aspects of water as a human right by utilizing the United Nations (UN) 2030 Agenda on Sustainable Development as the primary comparative tool. Brazil and the United States of America (USA) are the objects of research for this legal analysis. Both countries were the subjects of analysis because of the... 2022
Victor Flatt THE MYTH OF STATE SURFACE WATER REGULATION--THE FIFTY YEAR FLAW OF THE FEDERAL WATER POLLUTION CONTROL ACT JURISDICTIONAL DEBATE 52 Environmental Law 331 (Summer, 2022) In 1972, when the federal government took the lead in protecting our nation's waters from pollution and destruction, it intended to assert federal jurisdiction as broadly as possible. Nonetheless, for the last fifty years, the precise contours of federal jurisdiction (the extent of waters of the United States or WOTUS) have been in dispute,... 2022
Kurt Wohlers THE PARTICLE PROBLEM: USING RCRA CITIZEN SUITS TO FILL GAPS IN THE CLEAN AIR ACT 121 Michigan Law Review 325 (November, 2022) While the Clean Air Act has done a substantial amount for the environment and the health of individuals in the United States, there is still much to be done. For all its complexity, the Act has perpetuated systemic inequities and allowed harms to fall more heavily on low-income communities and communities of color. This is no less true for... 2022
Michelle Bryan THE POWER OF RECIPROCITY: HOW THE CONFEDERATED SALISH & KOOTENAI WATER COMPACT ILLUMINATES A PATH TOWARD NATURAL RESOURCES RECONCILIATION 25 University of Denver Water Law Review 227 (Spring, 2022) INTRODUCTION. 229 The Peoples and Their Place. 230 Why This Story Matters. 232 Roadmap for this Article. 235 I. HOW THE FEDERAL GOVERNMENT SET THE STAGE FOR TRIBAL-STATE COMPETITION OVER SCARCE WATER RESOURCES. 235 A. It Began in Montana: The Winters Doctrine and Tribal Water Rights. 235 B. The McCarran Amendment and its Impact on Tribal-State... 2022
George Moshenski-Dubov THE PROTECTION OF ENVIRONMENTAL LAW UNDER NAFTA AND CUSMA: A CANADIAN PERSPECTIVE 46 Canada-United States Law Journal 239 (2022) C1-2Table of Contents I. INTRODUCTION. 240 II. NAFTA HISTORY. 240 A. North American Agreement on Environmental Cooperation. 241 1. Objectives. 241 2. Obligations. 241 3. Commission for Environmental Cooperation. 242 4. Cooperation and Provision of Information. 242 5. Consultation and Resolution of Disputes. 242 6. General Provisions and 7. Final... 2022
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