Shelby D. Green THE INTENTIONAL COMMUNITY: TOWARD INCLUSION AND CLIMATE-COGNIZANCE 62 Washburn Law Journal 243 (Winter, 2023) The wells in East Porterville, California (and in Metheny Tract), ran dry. The streets and homes of Ellicott City, Maryland (and in New Orleans), collected trillions of gallons of rain. Houston, normally almost subtropical, suffered an arctic polar vortex. Anchorage is seeing glaciers melt. The connection between these events is climate change.... 2023
Kelly Hanna THE INTERSECTION OF REASON AND RISK: HOW ARTICLE I, SECTION 27 OF THE PENNSYLVANIA CONSTITUTION CAN PROTECT ENVIRONMENTAL JUSTICE COMMUNITIES FROM STATE-SANCTIONED POLLUTION AND CUMULATIVE IMPACTS 15 Drexel Law Review 621 (2023) In 1970, the Commonwealth of Pennsylvania ratified an amendment in Article I, Section 27 of its state constitution. Coined the Environmental Rights Amendment, Section 27 outlined two public rights for Pennsylvania citizens: the individual right to clean air, pure water, and the preservation of environmental values, and the right to ownership of... 2023
Rosa Celorio THE KALEIDOSCOPE OF CLIMATE CHANGE AND HUMAN RIGHTS: THE PROMISE OF INTERNATIONAL LITIGATION FOR WOMEN, INDIGENOUS PEOPLES, AND CHILDREN 13 Arizona Journal of Environmental Law & Policy 155 (Spring, 2023) Climate change has been identified as a global emergency, a major international development issue, and a priority concern by many international and national entities. Women, Indigenous peoples, and children are some of the individuals and groups most affected by the adverse impacts of climate change. The author contends in this article that... 2023
Amy E. Turner THE LEGAL CASE FOR EQUITY IN LOCAL CLIMATE ACTION PLANNING 50 Fordham Urban Law Journal 1245 (September, 2023) Over the last half decade, local climate action plans have regularly come to incorporate considerations of racial and socioeconomic equity, recognizing the ways in which low-income communities and communities of color experience earlier and worse consequences from global warming, and these communities are also at risk of being harmed by policies... 2023
Dave Owen THE NEGOTIABLE IMPLEMENTATION OF ENVIRONMENTAL LAW 75 Stanford Law Review 137 (January, 2023) Abstract. Conventional wisdom describes environmental law as a field filled with rigid mandates. Many critiques of the field start with that rigidity as a key premise, and they allege that inflexibility is a central failing or, alternatively, a squandered virtue. Influential reform proposals follow from both allegations. This Article demonstrates... 2023
Helia Bidad THE POWER OF TRIBAL COURTS IN ONGOING ENVIRONMENTAL-TORT LITIGATION 132 Yale Law Journal Forum 904 (2/17/2023) abstract. Cities, counties, and states across the country are bringing environmental and climate tort suits to hold environmental tortfeasors accountable. These cases are commonly brought in state and federal court, but the possibility of bringing these suits in tribal courts has largely been left out of the discussion. In the wake of attacks on... 2023
Sarah Fox THE PROSPECT AND PERILS OF CLIMATE PREEMPTION FOR PUBLIC HEALTH 15 Northeastern University Law Review 1 (March, 2023) C1-2Table of Contents Introduction 7 I. The Potential for Local Action 10 A. Local Climate Action 14 B. Local Public Health Action 18 C. Local Public Health Actions in Response to Climate Change 20 II. State Preemption of Local Action 23 III. Localizing the Climate, Health, and Justice Conversation 28 A. Varied Climate and Health Impacts 29 B.... 2023
Carmen G. Gonzalez THE RIGHT TO A HEALTHY ENVIRONMENT AND THE GLOBAL SOUTH 117 AJIL Unbound 173 (2023) This essay explores the implications of the right to a healthy environment for the long-standing criticisms of international human rights law as a project and product of the Global North. It examines the Southern origins of the right to a healthy environment and its interpretations in regional human rights tribunals. The essay analyzes the... 2023
Ginger Hervey THE RIGHT TO A HEALTHY ENVIRONMENT IN WEST AFRICA: HOW A PROGRESSIVE RULING SHOULD BE EXPANDED UPON AND BETTER IMPLEMENTED 55 New York University Journal of International Law & Politics 447 (Winter, 2023) I. Introduction. 447 II. Ecological and Environmental Challenges in ECOWAS. 448 III. The Right to a Healthy Environment. 450 A. Expanding Recognition Globally. 450 B. Niger Delta Challenge at the African Commission. 452 IV. The ECOWAS Court and the Right to a Healthy Environment. 453 A. Landmark SERAP Case. 454 B. Setbacks Since SERAP. 456 V. Way... 2023
Lily Cohen THE ROLE OF ENVIRONMENTAL LAW IN ADDRESSING THE VIOLENT EFFECTS OF RESOURCE EXTRACTION ON NATIVE WOMEN 47 Harvard Environmental Law Review 275 (2023) Native women face increased levels of sexual assault, sex trafficking, and other gender-based violence when resource extraction projects are located near Native communities. Recently, organizations have begun raising claims concerning the safety of Native women and children when challenging projects like the Keystone XL pipeline. However, these... 2023
Richard J. Lazarus THE SCALIA COURT: ENVIRONMENTAL LAW'S WRECKING CREW WITHIN THE SUPREME COURT 47 Harvard Environmental Law Review 407 (2023) In West Virginia vs. EPA, a conservative majority within the Supreme Court announced a sweeping ruling, traceable to the opinions of former Justice Scalia, that seriously threatens environmental law's ability to safeguard public health and welfare. In sustaining former President Trump's repeal of the Clean Power Plan--an ambitious Obama... 2023
Associate Justice Michael Wilson (Ret.) TIMELY JUDICIAL RECOGNITION AND PROTECTION OF CLIMATE RIGHTS 62 No. 4 Judges' Journal 19 (Fall, 2023) A judge is meant to be an instrument of justice. Equally apparent is the principle that the rule of law is the force by which judges are meant to achieve justice. Yet, it is beyond cavil that historically injustice arising from privilege has proven to be an intractable impediment to the just application of the rule of law by judges. Men and women... 2023
Frederick H. Turner TOXIC DEBT: AN ENVIRONMENTAL JUSTICE HISTORY OF DETROIT, JOSIAH RECTOR, THE UNIVERSITY OF NORTH CAROLINA PRESS, 2022 37-WTR Natural Resources & Environment 60 (Winter, 2023) Every once in a while a book comes along that reorients the way in which we see the environment. Toxic Debt is one of those books. Josiah Rector's account of environmental injustice in Detroit transcends the traditional boundaries between historical fields; he brings together environmental, legal, labor, economic, and urban history. Rector's method... 2023
Mahatab Uddin TRADITIONAL KNOWLEDGE, INTERNATIONAL ENVIRONMENTAL LAW, AND BANGLADESH 48 Yale Journal of International Law Online 1 (2023) Traditional knowledge (TK), which is orally passed down from older to newer generations, is of vital importance to local communities and indigenous people who own and apply it in their everyday lives. TK is used in numerous areas of daily life including agriculture, medicine, music, literature, and home decor. Because TK is owned by a local or... 2023
Hannah Friedle TREATIES AS A TOOL FOR NATIVE AMERICAN LAND REPARATIONS 21 Northwestern Journal of Human Rights 239 (Summer, 2023) Hundreds of treaties signed. Hundreds of treaties broken. The juvenile United States grew in size as independent Native nations ceded their territory through treaties. Thirsting for more land, the United States broke its promises and continued its manifest destiny westward. And what of tribes' treaty rights to land? Some Native nations received... 2023
Franklyn P. Salimbene, William P. Wiggins UNENDING ENVIRONMENTAL INJUSTICE: THE LEGACY OF THE 1956 FEDERAL-AID HIGHWAY ACT 53 Environmental Law Reporter (ELI) 10169 (March, 2023) The Federal Aid Highway Act of 1956 led to massive investments in highway construction, changed the nation's physical landscape, and transformed how people traveled and where they lived. It also wreaked havoc on low-income and Black neighborhoods, imposing undeniable injustices, making no aid available to support residents displaced from their... 2023
Katherine Wilkin USE WITH NO REVIEW: HOW SPECIAL USE PERMITS IN MUNICIPAL ZONING PERPETUATE ENVIRONMENTAL INJUSTICE IN FOSSIL FUEL INFRASTRUCTURE SITING 54 Columbia Human Rights Law Review 952 (Spring, 2023) C1-2Table of Contents Introduction. 954 I. The Limited Assessment of Special Use Permits and Their Role in Environmental Justice. 956 A. A Brief Overview of Environmental Justice in the United States. 957 B. Role of Land Use Planning in Environmental Justice. 959 C. Special Use Permits as a Mechanism of Municipal Zoning. 962 D. Lack of Scholarship... 2023
Madelyn M. VanDorpe WESTERNERS HUNG OUT TO DRY: A REVIEW OF THE PRIOR APPROPRIATION DOCTRINE AMIDST A DRYING CLIMATE AND A PATCHWORK OF WATER CLAIMS 34 Villanova Environmental Law Journal 109 (2023) The western United States has struggled with maintaining an adequate water supply since its early settlement. In recent years, however, climate change and population growth have become additional components of the challenge, increasing the imminence of its water scarcity predicament. In 2021, the western half of the United States experienced a... 2023
Samantha Newman WHAT A WASTE! AN EVALUATION OF FEDERAL AND STATE MEDICAL AND BIOHAZARD WASTE REGULATIONS DURING THE COVID-19 PANDEMIC AND THEIR IMPACT ON ENVIRONMENTAL JUSTICE 34 Villanova Environmental Law Journal 57 (2023) Scientists first reported the novel human coronavirus (COVID-19) disease in late 2019. On March 11, 2020, the World Health Organization (WHO) declared COVID-19 a pandemic, meaning it is a disease that is prevalent across the globe. COVID-19 is one of only five documented pandemics since the 1918 flu. Understanding the COVID-19 virus and its global... 2023
Bryce C. Tingle, KC WHAT DO WE KNOW ABOUT SHAREHOLDERS' POTENTIAL TO SOLVE ENVIRONMENTAL AND SOCIAL PROBLEMS? 58 Georgia Law Review 169 (Fall, 2023) Securities regulators around the world are attempting to assist socially conscious shareholders in driving changes in the way corporate America operates. At a time when legislative solutions to some of our most pressing social and environmental problems seem far away, many market actors have come to hope that shareholders can succeed in regulating... 2023
Samuel Yang WHAT'S FERC GOT TO DO WITH IT? PROMOTING ENVIRONMENTAL JUSTICE IN THE PIPELINE PERMITTING PROCESS 60 Harvard Journal on Legislation 167 (Winter, 2023) I. Introduction. 167 II. Background. 168 A. Defining Environmental Justice. 168 B. Environmental Justice, FERC, and Pipelines. 172 III. Analyzing the Approaches. 176 A. Procedural Policies. 177 1. Background. 177 2. Case Study: The Sabal Trail Pipeline. 178 3. Lessons Learned. 180 B. Cost-Benefit Analysis. 182 1. Background. 182 2. Case Study:... 2023
Alec Fante WHO IS MANNING THE SHIP? THE ENVIRONMENTAL AND LEGAL QUESTIONS FACING THE EMERGING COMMERCIAL SPACE TOURISM MARKET 34 Villanova Environmental Law Journal 33 (2023) Spaceflight events during 2021--such as tourism flights and private space missions led by Jeff Bezos, Elon Musk, Richard Branson, and more--ushered in a new era for space exploration. The rapidly growing space tourism industry highlights the need for updated federal regulation and provokes polarizing viewpoints on its potential environmental... 2023
Filzah Belal WHY WE NEED A CONSTITUTIONAL RIGHT TO HEALTHY ENVIRONMENT IN CANADA 34 Fordham Environmental Law Review 31 (Spring, 2023) The increasing demand for constitutional recognition of the right to a healthy environment (RTHE) has been a matter of public concern and debate in many countries, including Canada. This paper asks, will a constitutional RTHE within the Canadian Constitution add any value when statutes already exist to protect the environment (and thereby... 2023
Daniel C. Esty, Nathan de Arriba-Sellier ZEROING IN ON NET-ZERO: FROM SOFT LAW TO HARD LAW IN CORPORATE CLIMATE CHANGE PLEDGES 94 University of Colorado Law Review 635 (Summer, 2023) One hundred and ninety-seven nations endorsed a target of net-zero greenhouse gas (GHG) emissions by midcentury in the 2021 Glasgow Climate Pact. As countries around the world have begun to develop their plans for deep decarbonization, it has become evident that the private sector will need to deliver much of what is required for the transition to... 2023
Mary Christina Wood "ON THE EVE OF DESTRUCTION": COURTS CONFRONTING THE CLIMATE EMERGENCY 97 Indiana Law Journal 239 (Winter, 2022) In the dim and smokey twilight, with only bare necessities in tow, a family rushes to escape the wildfire racing toward them. Elsewhere, a household evacuates just ahead of a category five hurricane, perhaps not for the first time. Along the coastlines, countless others are resigned to looking on as their homesites erode into the inexorably rising... 2022
Eric Leis "WATER, WATER, EVERYWHERE, NOR ANY DROP TO DRINK": HOW THE FEDERAL GOVERNMENT CAN COMBAT SALTWATER INTRUSION IN THE UPPER FLORIDAN AQUIFER 25 University of Denver Water Law Review 163 (Spring, 2022) INTRODUCTION. 163 I. The Upper Floridan Aquifer. 166 A. Groundwater. 166 B. Saltwater Intrusion. 167 C. Hydrology, Use, and Depletion of the Upper Floridan Aquifer. 168 D. Saltwater Intrusion into the Upper Floridian Aquifer. 169 II. Federal Water Rights. 170 A. Federal Reserve Water Rights. 170 1. The Development of the Winters Doctrine. 171 2.... 2022
Michael C. Blumm, Gregory A. Allen 30 BY 30, AREAS OF CRITICAL ENVIRONMENTAL CONCERN, AND TRIBAL CULTURAL LANDS 52 Environmental Law Reporter (ELI) 10366 (May, 2022) President Joe Biden's Executive Order No. 14008 of January 2021 called for the Administration to conserve at least 30% of the nation's lands and waters by 2030. To accomplish this ambitious 30 by 30 effort, the Order directed federal agencies to work with tribal governments, among others, to propose lands and waters as qualifying for... 2022
Reed D. Benson A CONTENTIOUS MISSION: WATER SUPPLY AND CORPS OF ENGINEERS RESERVOIRS 32 Duke Environmental Law and Policy Forum 247 (Spring, 2022) The U.S. Army Corps of Engineers operates hundreds of multipurpose reservoirs nationwide, many of which provide water for municipal and industrial purposes. Demands for water from Corps reservoirs are sure to grow, and Congress has ordered the Corps to report on whether water supply should become a primary mission of the agency. The Corps has... 2022
Amanda Robert A FRESH APPROACH 108-SEP ABA Journal 65 (August/September, 2022) As Howard Kenison prepared to chair the ABA Section of Environment, Energy and Resources in August 2020, he put environmental justice at the top of his list of initiatives. In particular, Kenison planned to create a task force to review and possibly revise a 1993 resolution related to environmental justice. The measure, submitted by the Standing... 2022
Noah DeWitt A TWISTED FATE: HOW CALIFORNIA'S PREMIER ENVIRONMENTAL LAW HAS WORSENED THE STATE'S HOUSING CRISIS, AND HOW TO FIX IT 49 Pepperdine Law Review 413 (2022) California, the iconic Golden State, holds the infamous record for the largest population of people experiencing homelessness in the United States. These record-setting numbers have been steadily on the rise for decades and are due in large part to the state's severe housing shortage, which is currently just under one million housing units. From... 2022
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