Hannah Perls DECONSTRUCTING ENVIRONMENTAL DEREGULATION UNDER THE TRUMP ADMINISTRATION 45 Vermont Law Review 591 (Summer, 2021) Introduction. 592 I. Strategy 1: Undermine Agencies' Scientific and Expert Capacities. 593 A. Step 1: Block the Collection of Information Needed to Justify Forward-Looking Regulation. 594 B. Step 2: Undermine the Integrity of Scientific Expert Review Committees. 596 C. Step 3: Preclude EPA from Relying on Critical Public Health Studies. 602 II.... 2021
Clare Pledl ECO-ABLEISM IN THE ENVIRONMENTAL JUSTICE MOVEMENT 23 Vermont Journal of Environmental Law 1 (Fall, 2021) Introduction. 1 I. Disability is a Critical Issue in the Fight for Environmental Justice. 3 A. A Brief History of Disability. 3 B. The Disability Rights Movement. 5 C. The Significant Impacts of Climate Change on Disability. 8 II. Eco-Ableism and the Environmental Justice Movement. 12 A. Perpetuation of Ableism in the Environmental Movement. 14 B.... 2021
James M. Grijalva ENDING THE INTERMINABLE GAP IN Indian COUNTRY WATER QUALITY PROTECTION 45 Harvard Environmental Law Review 1 (2021) Tribal self-determination in modern environmental law holds the tantalizing prospect of translating indigenous environmental value judgments into legally enforceable requirements of federal regulatory programs. Congress authorized this approach three decades ago, but few tribes have sought primacy even for foundational programs like Clean Water Act... 2021
David E. Adelman , Jori Reilly-Diakun ENVIRONMENTAL CITIZEN SUITS AND THE INEQUITIES OF RACES TO THE TOP 92 University of Colorado Law Review 377 (Spring, 2021) Environmental citizen suits were founded on the belief that empowering organizations and individuals to take legal action would provide a backstop against lax federal or state programs. Working in conjunction with the system of cooperative federalism, citizen suits were designed to uphold minimum levels of environmental protection and to provide a... 2021
Terry Ann Campbell ENVIRONMENTAL CONSTITUTIONALISM: MARRYING THE DUE PROCESS CLAUSE AND THE EQUAL PROTECTION CLAUSE WITH CLIMATE CHANGE 22 Vermont Journal of Environmental Law 103 (Spring, 2021) Introduction. 104 I. Background. 107 A. The U.S. is Yet to Recognize That Climate Change is a Global Issue That has Nefarious Effects on Human and Civil Rights. 108 B. Violating the Fifth and Fourteenth Amendments is Contrary to the Rule of Law. 109 C. Climate Change Imposes an Obligation to Protect Fundamental Rights. 111 D. The Juliana III Ruling... 2021
Jacob Elkin ENVIRONMENTAL JUSTICE AND PENNSYLVANIA'S ENVIRONMENTAL RIGHTS AMENDMENT: APPLYING THE DUTY OF IMPARTIALITY TO DISCRIMINATORY SITING 11 Columbia Journal of Race and Law 195 (January, 2021) Since the 1970s, there has been a growing awareness that environmental hazards are disproportionately sited in low-income communities and communities of color. Under the label of the environmental justice movement, community groups have pursued various means to fight against the discriminatory concentration of environmental burdens in their... 2021
Paul N. Nybo ENVIRONMENTAL JUSTICE AND THE GULLAH GEECHEE: THE NationAL ENVIRONMENTAL POLICY ACT'S POTENTIAL IN PROTECTING THE SEA ISLANDS 72 South Carolina Law Review 1039 (Summer, 2021) I. Introduction. 1039 II. Background. 1041 A. History of the Gullah Geechee. 1041 B. The Gullah/Geechee Cultural Heritage Act. 1044 C. The Heirs' Property Problem. 1047 D. The National Environmental Policy Act. 1051 1. Environmental Justice and NEPA. 1053 2. Agency Requirements Under NEPA. 1054 III. Analysis: NEPA's Application to Sea Island... 2021
Kyra G. Bradley ENVIRONMENTAL JUSTICE CLASS ACTION RISES ABOVE THE RUBBISH: THE THIRD CIRCUIT REVIVES COMMON-LAW NUISANCE REMEDIES IN BAPTISTE v. BETHLEHEM LANDFILL CO. 32 Villanova Environmental Law Journal 209 (2021) Since the late 1980s, American society has become increasingly aware of a grievous environmental issue in the United States: the disproportionate allocation of environmental burdens to racial and ethnic minority populations. Studies demonstrate that irrespective of class, race is the best predictor of exposure to air pollution, location of... 2021
Denisse Enriquez, Class of 2022, UNM School of Law ENVIRONMENTAL JUSTICE IN NEW MEXICO: COUNTING COUP BY VALERIE RANGEL (HISTORY PRESS, 2019) 61 Natural Resources Journal 155 (Winter, 2021) New Mexico has a complex history, not only the cultural history but also the environmental history of the state. This can be seen distinctly in the arrival of the Spanish Colonialists. While conquest by Spanish colonialists brought exotic goods and new technology, it also came with policies of extermination of Indian culture; suppression of... 2021
Douglas A. Henderson, Cynthia A. M. Stroman, Joseph A. Eisert ENVIRONMENTAL JUSTICE LITIGATION 36-FALL Natural Resources & Environment 17 (Fall, 2021) Over the past 40 years, individuals and environmental groups alike have filed environmental justice (EJ) lawsuits, alleging either intentional racism, disparate impacts, or both, associated with landfill siting, infrastructure projects, and industrial emissions. But so far EJ litigation has resulted in few big wins for plaintiffs, at least using... 2021
Banumathi Rangarajan , Leigh Rendé , Trial Attorney, Environmental Crimes Section, Trial Attorney, Environmental Crimes Section ENVIRONMENTAL JUSTICE: A PATH TOWARDS EQUITY THROUGH ENVIRONMENTAL CRIMES PROSECUTIONS 69 Department of Justice Journal of Federal Law and Practice 213 (December, 2021) For decades, many have struggled to address the inequitable burden certain communities bear in connection with our nation's waste and pollution. Notwithstanding presidential and federal agency efforts to advance environmental justice (EJ) in those communities, measurable success remains elusive, especially in the context of criminal violations.... 2021
Michael J. Wynne , Alexis Summers ENVIRONMENTAL JUSTICE: NO LONGER A NASCENT CONCEPT BUT HURDLES REMAIN 58-APR Houston Lawyer 18 (March/April, 2021) We revisit a topic we addressed in this publication 21 years ago. The term in use frequently then was Environmental Racism. There were then and remain emotionally-charged debates centered on the struggle to deconstruct a policy choice or agency decision (including permitting decisions) and assess whether the decision was based on an insidious... 2021
Rebecca Bratspies, Vanessa Casado Perez, Robin Kundis Craig, Lissa Griffin, Keith Hirokawa, Sarah Krakoff, Katrina Kuh, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J.B. Ruhl, Erin Ryan, David Takacs ENVIRONMENTAL LAW, DISRUPTED BY COVID-19 51 Environmental Law Reporter (ELI) 10509 (June, 2021) For over a year, the COVID-19 pandemic and concerns about systemic racial injustice have highlighted the conflicts and opportunities currently faced by environmental law. Scientists uniformly predict that environmental degradation, notably climate change, will cause a rise in diseases, disproportionate suffering among communities already facing... 2021
Kimberly L. Bick ENVIRONMENTAL PARITY AND OUTDOOR EQUITY 63-APR Orange County Lawyer 36 (April, 2021) This month we celebrate Earth Day, but Earth Day represents more than one day set aside to plant trees or pick up trash at the beach. It was founded after three-million gallons of crude oil spilled into the Pacific Ocean just off the coast of Santa Barbara, California, in 1969, creating an oil slick thirty-five miles long along California's coast... 2021
Andie J. Sweeden ENVIRONMENTAL RACISM IN Indian COUNTRY: AN ANALYSIS OF ITS IMPACTS ON THE ENVIRONMENT AND NATURAL RESOURCES AND ITS CONNECTION TO THE DIMINISHMENT OF TribAL SOVEREIGNTY 12 Arizona Journal of Environmental Law & Policy 107 (Fall, 2021) This note seeks to discuss environmental racism and its connection to the diminishment of tribal sovereignty. First, there will be a discussion on the history and origin of tribal sovereignty, and the presence of tribes and Indigenous peoples in the United States. Second, there will be an examination of how the Clean Air and Clean Water Acts have... 2021
Vivian D. Wesson ENVIRONMENTAL RACISM: HOW LAWYERS CAN HELP CLOSE THE CLIMATE GAP 93-FEB New York State Bar Journal 34 (January/February, 2021) On August 29, 2005, Hurricane Katrina made landfall in the Gulf Coast region of the United States. The category 3 storm brought wind speeds in excess of 120 mph and a storm surge as high as 19 feet. For cities in the storm's path, like New Orleans, officials ordered mandatory evacuations. Many New Orleans residents, though, lacked the financial... 2021
William C.C. Kemp-Neal J.D. ENVIRONMENTAL RACISM: USING ENVIRONMENTAL PLANNING TO LIFT PEOPLE OUT OF POVERTY, AND RE-SHAPE THE EFFECTS OF CLIMATE CHANGE & POLLUTION IN COMMUNITIES OF COLOR 32 Fordham Environmental Law Review 295 (Symposium-Spring, 2021) Long before the phrase I can't breathe became a rallying cry for Black Lives Matter activists protesting the deaths of Black people at the hands of police, environmental-justice activists warned that pollution was choking and killing people of color in the U.S. In the mid-1900s the United States began to see a rise in concern for environmental... 2021
Brandon I. Weinreb ESPORTS AND HARASSMENT: ANALYZING PLAYER PROTECTIONS IN A HOSTILE WORK ENVIRONMENT 57 California Western Law Review 473 (Spring, 2021) C1-2Table of Contents Introduction. 474 I. The Nature & Increasing Popularity of Esports. 476 A. What is Esports?. 476 B. The Rise of Esports. 478 II. Employment Status of Esports Players. 479 A. The Economic-Realities Test. 480 B. Esports Players Are Employees Under the Economic-Realities Test. 482 III. Title VII & the Hostile Nature of Online... 2021
Eric K. Yamamoto , Susan K. Serrano FOREWORD TO THE REPUBLICATION OF RACIALIZING ENVIRONMENTAL JUSTICE 92 University of Colorado Law Review 1383 (Special Issue 2021) Systemic racism! The burgeoning 2020 Black Lives Matter protests vaulted this formerly whispered phrase into mainstream public consciousness. Through news headlines, social media, educational classes, opinion essays, word of mouth, and more, America grappled with the enormity of racism as a form of oppression of people and communities, as... 2021
Martha F. Davis FREEDOM FROM THIRST: A RIGHT TO BASIC HOUSEHOLD WATER 42 Cardozo Law Review 879 (June, 2021) C1-2Table of Contents Introduction. 879 I. A Fifth Freedom?. 887 II. Finding the Human Right to Water. 894 III. The Constitutional Right to Water Around the World. 900 IV. Constitutional Rights to Basic Water under United States Law. 904 Conclusion. 910 2021
  GREEN AMENDMENTS: VEHICLES FOR ENVIRONMENTAL JUSTICE 51 Environmental Law Reporter (ELI) 10903 (November, 2021) Despite existing laws, communities across the United States are exposed to dangerous environmental conditions that can have devastating effects on public health. One emerging mechanism to address these issues are green amendments, self-executing provisions added to a state constitution that recognize and protect the rights of all people,... 2021
Joerika Stitt GUN VIOLENCE AND DE FACTO SEGREGATION: COULD ENVIRONMENTAL DISCRIMINation BE FUELING CHICAGO'S SOARING GUN VIOLENCE? 11 Wake Forest Journal of Law and Policy 395 (2021) Shirley Chambers is a Chicago resident who has experienced the unimaginable: her four children, three sons and one daughter, were all shot and killed in Chicago's Lawndale neighborhood. After her first three children were murdered, Ms. Chambers recalled feeling sadder for her last remaining son more than she felt for herself. She reported, I... 2021
Sascha Dov Bachmann , Ikechukwu P. Ugwu HARDIN'S 'TRAGEDY OF THE COMMONS': IndigenOUS PEOPLES' RIGHTS AND ENVIRONMENTAL PROTECTION: MOVING TOWARDS AN EMERGING NORM OF IndigenOUS RIGHTS PROTECTION? 6 One J: Oil and Gas, Natural Resources, and Energy Journal 547 (May, 2021) Most of the world's natural resources can be found on the territories of indigenous peoples. This puts indigenous peoples in a position where they are not only subjected to environmental hazards, as a result of the mining and exploitation of these resources, but are also denied the use and control of these resources. In addition, the proximity to... 2021
Gabrielle Kolencik HARMONY BETWEEN MAN AND HIS ENVIRONMENT: REVIEWING THE TRUMP ADMINISTRATION'S CHANGES TO THE NationAL ENVIRONMENTAL POLICY ACT IN THE CONTEXT OF ENVIRONMENTAL RACISM 9 Joule: Duquesne Energy & Environmental Law Journal 1 (Spring, 2021) In 1970, Congress passed, with strong bipartisan support, the National Environmental Policy Act (NEPA) for the purpose of requiring federal agencies to engage in efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man. For over fifty years, NEPA had propelled towards the... 2021
Todd Anthony Walker HEALING RACISM'S WOUNDS: ON RACIAL RECKONING & OBAMA'S "A PROMISED LAND" 6 Columbia Human Rights Law Review Online 34 (November 11, 2021) Legal controversies surrounding race and racism have persisted in America from its inception, but not without intervention. Supreme Court decisions in Dred Scott, Plessy and Brown trace the Court's jurisprudential evolution while, legislatively, the passage of the post-civil rights Amendments, and, more recently, The Civil Rights Act of 1964,... 2021
David B. Schorr HORIZONTAL AND VERTICAL INFLUENCES IN COLONIAL LEGAL TRANSPLANTATION: WATER BY-LAWS IN BRITISH PALESTINE 61 American Journal of Legal History 308 (September, 2021) Local by-laws were the primary tool for local governments in British-ruled Palestine to exercise their authority, and water was the paradigmatic subject for local legislation. Looking at the diffusion of legal norms in local by-laws in the 1930s and 1940s, the article examines the dynamics of lawmaking in a context characterized both by imperial... 2021
Madeline Marguerite Byers HOUSTON, WE HAVE A GENTRIFICATION PROBLEM: THE GENTRIFICATION EFFECTS OF LOCAL ENVIRONMENTAL IMPROVEMENT PLANS IN THE CITY OF HOUSTON 7 Texas A&M Journal of Property Law 163 (March 23, 2021) Local environmental improvement plans are increasingly popular among urban planners. As climate change and environmental justice concerns increase, many communities demand a change in local land use policies that put these concerns at the forefront. One such community is the city of Houston, Texas, which issued several environmental improvement... 2021
Annie Petsonk HOW PROFESSOR STEWART HAS PROMOTED EQUITY, EFFECTIVENESS, AND TRANSPARENCY IN ENVIRONMENTAL LAW: A PRACTITIONER'S VIEW 29 New York University Environmental Law Journal 659 (2021) Introduction. 659 I. Promoting Equity and Effectiveness: Proof Positive in California. 660 II. Transparency: Proof Positive in International Administrative Law. 667 III. Concluding Remarks: A Personal Look-Back and Look-Ahead. 673 2021
Barry E. Hill HUMAN RIGHTS, ENVIRONMENTAL JUSTICE, AND CLIMATE CHANGE: FLINT, MICHIGAN 46 Human Rights 14 (2021) Former Michigan Governor Rick Snyder and eight other state government officials are facing criminal charges for their alleged roles in the disastrous Flint, Michigan, drinking water crisis of roughly seven years ago. Those officials face 42 felony and misdemeanor counts, which range from perjury to official misconduct in office to extortion to... 2021
Travis D. Jones HUMANS LONG IGNORED: REVISITING NEPA'S DEFINITION OF "HUMAN ENVIRONMENT" IN THE ERA OF Black LIVES MATTER 32 Villanova Environmental Law Journal 1 (2021) In 2020, the Black Lives Matter movement brought state-sanctioned violence against African Americans to the forefront of public discourse. In the wake of the horrific killing of George Floyd, highly charged protests exploded around the country, from Washington D.C. to Dallas to Portland. Across the internet, social media timelines and profile... 2021
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