Martha F. Davis HIDDEN BURDENS: HOUSEHOLD WATER BILLS, "HARD-TO REACH" RENTERS, AND SYSTEMIC RACISM 52 Seton Hall Law Review 1461 (2022) I. Introduction. 1462 II. Water Unaffordability: Impacts and Policy Responses. 1470 A. Water and Sanitation Costs Are Rising Significantly. 1470 B. Utilities' Efforts to Address Unaffordability. 1475 1. Customer Assistance Plans. 1475 i. Lifeline Programs. 1475 ii. Charitable Programs. 1476 iii. Flexible Payment Plans. 1478 iv. Temporary... 2022
Olivia Stevens HIDDEN IN PLAIN SIGHT: THE DANGERS OF ENVIRONMENTAL PROTECTIONS WAIVERS 97 Indiana Law Journal 785 (Winter, 2022) When enacting both statutory and regulatory environmental protections, Congress and various agencies have recognized that emergency situations could arise that would require flexibility in the application and enforcement of those protections. Incorporating waivers into such protections provides that flexibility. However, the current state of... 2022
Gregory A. Allen HOW CLEARLY DOES CONGRESS NEED TO WAIVE SOVEREIGN IMMUNITY? ENVIRONMENTAL IMPLICATIONS OF THE CLEAR STATEMENT RULE 52 Environmental Law 585 (Summer, 2022) The English fiction that the king can do no wrong is clearly wrong, yet according to long-standing Supreme Court precedent, courts must narrowly construe waivers of sovereign immunity in favor of the sovereign. This can shield the government from liability if the statutory text is not crystal-clear, even where congressional intent of waiver is... 2022
Madison Hinkle, Jesse Richardson HOW ENVIRONMENTAL LITIGATION HAS TURNED PIPELINES INTO PIPE DREAMS 52 Environmental Law Reporter (ELI) 10558 (July, 2022) Proposed oil and gas pipelines have faced a myriad of legal challenges in the past several years. Even where pipeline proponents have prevailed, the cost and delay of protracted litigation has often caused cancellation of pipeline projects. In addition, presidential transitions have led to abrupt reversals of pipeline policies, which courts have... 2022
Jose Almanzar, Paula Schauwecker HOW ESG EFFORTS CAN PROMOTE ENVIRONMENTAL JUSTICE 36-SPG Natural Resources & Environment 53 (Spring, 2022) On August 9, 2021, the United Nations Intergovernmental Panel on Climate Change (IPCC) published its most recent report on the global state of climate science. The comprehensive and starkly sobering new report tells policy makers, governments, and corporations, in no uncertain words, that we must all work with urgency to significantly lower global... 2022
Jillian Greene IDAHO PUBLIC LAND ACCESS: AMENDING ROAD LAWS TO ENSURE PUBLIC LAND REMAINS ACCESSIBLE 58 Idaho Law Review 133 (2022) Public land access issues regularly arise across the West because of the unique landscape of federally owned public land, state owned public land, and private property. In Idaho, and other western states, there is a trend of private parties purchasing large landholdings and subsequently closing off roads that have historically been used to access... 2022
Emma Easley IMPROVING INTERSTATE WATER COMPACTS ONE ADR PROVISION AT A TIME 37 Ohio State Journal on Dispute Resolution 369 (2022) I. Introduction II. History of Water Scarcity and Disputes A. Global Water Availability B. American Water Availability C. Water Compacts Overview III. Effectiveness and Problems with Interstate Water Compacts A. Water Compact Benefits B. Water Compact Drawbacks IV. The Great Lakes Compact: A Case Study A. Great Lakes Overview B. History of the... 2022
Leonardo Figueroa Helland INDIGENOUS PATHWAYS BEYOND THE "ANTHROPOCENE": BIOCULTURAL CLIMATE JUSTICE THROUGH DECOLONIZATION AND LAND REMATRIATION 30 New York University Environmental Law Journal 347 (2022) I. The Spiritual Basis of Sacred Indigenous Relations to Land and Mother Earth. 350 II. To Nurture or Destroy Diversity? Indigenous Biocultures vs. Desacralizing Violences. 358 III. A Climate Crisis or a Problem of Colonialism? Defending Mother Earth at a High Cost. 372 IV. The Colonial Traps of Global Environmental Policy. 382 V. The Treacherous... 2022
Katrina Fischer Kuh INFORMATIONAL REGULATION, THE ENVIRONMENT, AND THE PUBLIC 105 Marquette Law Review 603 (Spring, 2022) Informational Regulation, the Environment, and the Public generates a typology to analyze how public disclosure functions in informational regulation. In the environmental context, informational regulation compels the public disclosure of environmental information without mandating substantive environmental outcomes in the expectation that... 2022
  INTERNATIONAL LAW AND THE ENVIRONMENT: SUSTAINABILITY, JUSTICE, AND CLIMATE CHANGE AROUND THE WORLD 32 Indiana International & Comparative Law Review 191 (2022) Good morning and welcome to the annual Indiana International and Comparative Law Review Symposium. We are pleased to see so many of you virtually here with us. We hoped this year we would be able to meet in person, but with ongoing COVID-19 concerns, we decided a virtual forum would be the best option for this year. Thank you for joining remotely,... 2022
Affie Ellis JUSTICE40 AND THE EVOLUTION OF ENVIRONMENTAL JUSTICE 45-JUN Wyoming Lawyer 32 (June, 2022) The exact start of the Environmental Justice (EJ) movement is often attributed to protests in Warren County, North Carolina, in the early 1980s. North Carolina allowed disposal of soil laced with polychlorinated biphenyl (PCBs), a highly toxic substance once widely used in products like coolant, near a predominantly Black community. Although... 2022
Alexander Toke LAND, LEGACY, AND LAW: AMENDING CERCLA TO ACCOUNT FOR ENVIRONMENTAL CONTAMINATION OF TRIBAL CULTURAL RESOURCES 28 Cardozo Journal of Equal Rights & Social Justice 333 (Winter, 2022) C1-2Table of Contents I. Introduction. 335 II. Background Information. 337 A. Treaties. 337 B. The Relationship Between the Federal Government and the Tribes. 340 C. Natural Resources Damages and CERCLA. 343 III. Challenges Faced by Tribes in Recovering for Injuries to Cultural Resources. 346 A. Tribal Lands are Disproportionately Affected by... 2022
Maggie Lohmann LAW OF THE LAND: THE CONTINUING LEGACY OF INDIAN LAW'S RACIST ROOTS AND ITS IMPACT ON NATIVE AMERICAN LAND RIGHTS 125 West Virginia Law Review 329 (Fall, 2022) Throughout American history, inhumane treatment of Native nations has been legalized through treaties, court cases, and legislation. Confiscating Native land, treating Native Americans as second-class citizens, and breaking government promises to Native nations has been justified with racist stereotypes about Native Americans. Although some may... 2022
Alveena Shah LEASING THE RAIN: WATER, PRIVATIZATION, AND HUMAN RIGHTS 26 UCLA Journal of International Law and Foreign Affairs 89 (Fall/Winter, 2022) The 1990s saw the unprecedented emergence of corporate engagement in national water systems. Before 1990, international funding went exclusively to public entities. By 2001, ninety-three countries had private sector involvement in their water systems. This shift, supported by international business and trade law, created a regulatory framework... 2022
Genevieve (Jenny) Zook LEGAL RESOURCES: RESEARCHING WISCONSIN WATER LAW 95-MAY Wisconsin Lawyer 45 (May, 2022) For some lawyers, finding resources on specific legal topics might seem as challenging as finding a cool drink in a desert. This article makes the process of researching water law much easier. Because of a megadrought in the western United States, water has become such a scarce commodity that neighbors fight over irrigation ditches, and water cops... 2022
Laura E. Jarvis LESSONS FROM LAND TO SEA: AN INFORMED APPROACH TO OFFSHORE AQUACULTURE REGULATION 102 Boston University Law Review 1083 (April, 2022) As traditional capture fisheries run into sustainability issues, including those brought on by climate change and overfishing, and the demand for seafood continues to increase, aquaculture operations and policymakers in the United States are looking toward the potentially lucrative frontier that is offshore aquaculture. Aquaculture operations do... 2022
Wendy Kerner MAKING ENVIRONMENTAL WRONGS ENVIRONMENTAL RIGHTS: A CONSTITUTIONAL APPROACH 41 Stanford Environmental Law Journal 83 (February, 2022) I. Introduction. 84 II. Imagine a Green Amendment: Structural Legal Implications. 87 III. Current Legal Paradigms Allow for Compromised Air Quality. 93 A. Elyria-Swansea, the Most Polluted City in the Country. 94 B. Colorado's Oil and Gas Policies Promote Pollution. 98 IV. There Is Not Pure Water for All. 102 A. Coloradans Suffer from Exposure to... 2022
Karen Bradshaw , Caitlin Doak MAKING RECREATION ON PUBLIC LANDS MORE ACCESSIBLE 97 Notre Dame Law Review 35 (January, 2022) This Article reflects upon Professor John Copeland Nagle's scholarship on public land with an emphasis on how his work might extend to the issue of accessibility. Professor John Copeland Nagle was a talented yet humble man of deep kindness and religious convictions. In addition to being a fabulous human being, John was a wonderful scholar. John's... 2022
Karen Bradshaw , Caitlin Doak MAKING RECREATION ON PUBLIC LANDS MORE ACCESSIBLE 97 Notre Dame Law Review Reflection 35 (2022) This Article reflects upon Professor John Copeland Nagle's scholarship on public land with an emphasis on how his work might extend to the issue of accessibility. Professor John Copeland Nagle was a talented yet humble man of deep kindness and religious convictions. In addition to being a fabulous human being, John was a wonderful scholar. John's... 2022
John W. Head, Emily Otte MORE THAN FRIENDS? U.S.-CANADA COOPERATIVE FRAMEWORKS ON AGRICULTURE AND THE ENVIRONMENT 70 University of Kansas Law Review 447 (March, 2022) Sharing a long and relatively peaceful border, Canada and the United States have built several cooperative frameworks to address issues of environmental protection and agricultural development. Some of these cooperative frameworks show the potential for the two countries to become more than friends in addressing these issues of common concern.... 2022
Nicholas S. Bryner NEVER LOOK BACK: NON-REGRESSION IN ENVIRONMENTAL LAW 43 University of Pennsylvania Journal of International Law 555 (Spring, 2022) Deregulatory advocates often frame environmental protection and economic well-being as a zero-sum tradeoff. During times of economic crisis, including the long-term fallout from the global Covid-19 pandemic, policymakers may seek to withdraw or roll back environmental laws and regulations in an attempt to accelerate economic recovery. In order to... 2022
Heather Kryczka , Natalia Ospina , Taylor Thomas NEW STEPS TOWARD ENVIRONMENTAL JUSTICE: THE CALIFORNIA COASTAL ACT AND ENVIRONMENTAL JUSTICE NEAR PORTS 50 Southwestern Law Review 463 (2022) California's coast is home to several seaports of varying sizes, each with an individual history of development and community advocacy deserving of its own article. One thing ports tend to have in common are that the neighboring communities are majority communities of color and low-income families, in sharp contrast to more affluent sections of the... 2022
Danielle Clifford NINTH CIRCUIT MUDDIES THE WATERS OF TRIBAL SOVEREIGN IMMUNITY AND THE CLEAN WATER ACT IN DESCHUTES RIVER ALLIANCE v. PORTLAND GE 12 Washington Journal of Social & Environmental Justice 45 (May, 2022) Throughout 2011 and 2012, members of the Deschutes River community who fish in the Lower Deschutes River in Oregon noticed a slew of significant changes to their natural environment. The Deschutes River Alliance attributed the changes to the operation of the Pelton Round Butte Hydraulic Project, which is co-owned and operated by Portland General... 2022
Clifford J. Villa NO "BOX TO BE CHECKED": ENVIRONMENTAL JUSTICE IN MODERN LEGAL PRACTICE 30 New York University Environmental Law Journal 157 (2022) For nearly thirty years, environmental justice has been part of our civic conversation and included in the mission of federal agencies. But while public attention to environmental justice has waxed and waned over time, environmental justice principles have endured and developed into rules of law. This development may be expected to continue and... 2022
Bina R. Reddy NO ACCOUNTING FOR ACCOUNTABILITY? A COMMENT ON ENVIRONMENTAL CITIZEN SUITS AND THE INEQUITIES OF RACES TO THE TOP 52 Environmental Law Reporter (ELI) 10619 (August, 2022) Citizen suits elicit strong opinions but the discourse around their relative merits and deficits is often woefully lacking in supporting data. In Environmental Citizen Suits and the Inequities of Races to the Top, David E. Adelman and Jori Reilly-Diakun step into this void and provide a cogent empirical analysis of citizen suits aimed at assessing... 2022
Frederick H. Turner OAK FLAT: A FIGHT FOR SACRED LAND IN THE AMERICAN WEST: LAUREN REDNISS, RANDOM HOUSE, 2020 37-FALL Natural Resources & Environment 60 (Fall, 2022) Early in this vibrant narrative, Lauren Redniss describes driving toward a series of desert mesas known as Oak Flat, near the small mining town of Superior, Arizona, and just east of Phoenix. On the approach, one can see Apache Leap--cliffs that drop like a stone curtain behind the town--and then you burst out of [a] tunnel to face brilliant... 2022
Jessica E. Jay OPPORTUNITIES FOR REFORM AND REIMAGINING IN CONSERVATION EASEMENT AND LAND USE LAW: A TO-DO LIST FOR SUSTAINABLE, PERPETUAL LAND CONSERVATION 46 Vermont Law Review 387 (Spring, 2022) I. Historic Reforms and Support Achieved Through Adaptive Legal Regimes. 388 II. The To-Do List. 387 A. Immediate, Imminent, Urgent Needs within the Existing Legal Framework. 388 1. Pass the Conservation Integrity Act to Immediately Curtail Abuse of the Conservation Easement Incentive. 391 2. Establish Gatekeeping of the Conservation Easement... 2022
William B. Davis PERPETUATED IN RIGHTEOUSNESS: PROPOSALS FOR STRENGTHENING HAWAI'I'S "CEDED LAND" PROTECTIONS 45-SPG Environs Environmental Law and Policy Journal 185 (Spring, 2022) I. Introduction. 186 II. Background. 188 A. Pre-Mhele. 189 B. The Great Mhele. 190 1. Crown and Government Lands. 191 C. Overthrow of the Hawaiian Kingdom. 192 1. Republic of Hawai'i. 194 2. Territory of Hawai'i. 195 3. Lili'uokalani v. United States. 196 D. Admission to the Union. 197 III. Road to the Current Law. 200 A. Halting the Sale of... 2022
Rachael E. Salcido PLASTIC ACTIVISM AND THE CLEAN WATER ACT 52 Environmental Law 307 (Summer, 2022) Scientists have been sounding the alarm about the health and environmental dangers of plastics. We have been slow to pay attention. Plastic production causes a range of environmental harms. Furthermore, larger plastic items break down over time into smaller and smaller pieces--microplastics. Much of the plastic waste in our environment originates... 2022
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