Robert B. Keiter THE EMERGING LAW OF OUTDOOR RECREATION ON THE PUBLIC LANDS 51 Environmental Law 89 (Spring, 2021) Outdoor recreation is assuming a prominent role across the public lands, presenting the responsible federal agencies with difficult, new management challenges. Since World War II, recreational uses of public lands have been on a steady upward trajectory, which has only accelerated during this century. Today, an increasingly diverse array of outdoor... 2021
Emily Bergeron THE ENVIRONMENT IN THE NEXT FOUR YEARS 46 Human Rights 22 (2021) In the next four years, we must not only bring back eliminated rules, but enact better laws; create a more concrete climate response; enact more specific environmental justice legislation; and consider the broader implications of environmental law on indigenous populations. In 1995, after a 70-year absence, biologists reintroduced wolves into... 2021
Roger Merino THE LAND OF NationS: IndigenOUS STRUGGLES FOR PROPERTY AND TERRITORY IN INTERNationAL LAW 115 AJIL Unbound 129 (2021) Key studies have highlighted how Western law was central to the civilizing mission of colonialism, legitimizing conquest while presenting itself as a colonizer's gift for overcoming barbarism. But law was not just an imposition to dispossess resources and accumulate labor; it was also transformed by the contestations of First Nations and the new... 2021
Ann M. Eisenberg, Elizabeth Kronk Warner THE PRECIPICE OF JUSTICE: EQUITY, ENERGY, AND THE ENVIRONMENT IN Indian COUNTRY AND RURAL COMMUNITIES 42 Energy Law Journal 281 (2021) Editor's Note: As the authors mention at footnote 1, the ideas presented in their essay were first shared during a panel presentation in February of this year at the at the University of Florida Levin College of Law's annual Public Interest Environmental Conference. We and the authors have described their piece as an essay and not an article... 2021
Christina Giordanella THE RECENT FEDERAL WITHDRAWAL OF LIMITATIONS ON SUPPLEMENTAL ENVIRONMENTAL PROJECTS AND IMPORTANCE TO ENVIRONMENTAL JUSTICE INITIATIVES 27 Cardozo Journal of Equal Rights & Social Justice 323 (Spring, 2021) C1-2Table of Contents I. Introduction. 324 II. Background. 326 A. Supplemental Environmental Projects. 326 1. Case Studies. 328 B. Environmental Justice. 332 III. Arguments Against the Use of SEPs. 336 A. 2018 Memo. 336 B. The 2019 Memo's Limitation on SEPs. 338 IV. Legal Support for the Department of Justice and the Environmental Protection... 2021
Meghan O'Connor THE SECRETARY OF THE INTERIOR HAS THE AUTHORITY TO TAKE LAND INTO TRUST FOR FEDERALLY RECOGNIZED ALASKA TribES 45 American Indian Law Review 89 (2021) Acreage proves Alaska is the largest state in the United States by far, but for Alaska Natives this land, specifically trust land, has posed an issue for decades. For almost forty years, the Department of the Interior (DOI) has debated over whether the Secretary of the Interior can take land into trust in Alaska. Trust land is an important tool to... 2021
Chloe Ahmann, Cornell University THE SUSTAINABILITY MYTH: ENVIRONMENTAL GENTRIFICATION AND THE POLITICS OF JUSTICE, MELISSA CHECKER (NEW YORK: NYU PRESS, 2020) 44 PoLAR: Political and Legal Anthropology Review 1 (2021) I ordered them to build [the Emerald City], and . I put green spectacles on all the people, so that everything they saw was green. But isn't everything here green? asked Dorothy. No more than in any other city, replied Oz. - L. Frank Baum, The Wonderful Wizard of Oz Surely this is the revelation Melissa Checker has in mind when she calls... 2021
Barry E. Hill TIME HAS COME TODAY FOR ENVIRONMENTAL AND CLIMATE JUSTICE LEGISLATION 51 Environmental Law Reporter (ELI) 10102 (February, 2021) The Stock Market Crash of 1929, and the Great Depression that followed from August 1929-March 1933, shook the foundation of America to its core. During a July 24, 1933, radio address, President Franklin D. Roosevelt (D) coined the phrase the first 100 days, specifically referring to the period of time in which a new administration's success in... 2021
Samantha T. Edgell TOTO, I'VE A FEELING THE ENVIRONMENT ISN'T SAFE FROM CRYPTOCURRENCY ANYMORE: THE DEGRADING ECOLOGICAL EFFECTS OF BITCOIN AND DIGITAL CURRENCIES 32 Villanova Environmental Law Journal 69 (2021) Cryptocurrencies are traded forms of digital assets that are extracted from digital locations after high-powered computers run complex algorithms. The mining of cryptocurrencies has a detrimental effect on the environment. Although it may seem that cryptocurrency and climate change are unrelated, studies have shown there to be a strong connection.... 2021
Jaime Alison Lee TURNING PARTICIPATION INTO POWER: A WATER JUSTICE CASE STUDY 28 George Mason Law Review 1003 (Spring, 2021) Water systems throughout the United States are broken, both literally and figuratively. The purpose of water utilities is to provide access to clean and convenient water, which promotes human health and productivity. Yet, a growing number of utilities charge unconscionable prices for water and otherwise carry out policies that decrease, rather than... 2021
Alyson Merlin UNENFORCED PROMISES: TREATY RIGHTS AS A MECHANISM TO ADDRESS THE IMPACT OF ENERGY PROJECTS NEAR TribAL LANDS 11 Columbia Journal of Race and Law 373 (April, 2021) Treaties between the United States and Native nations are binding until abrogated by the clear and plain intent of Congress. Many treaties signed in the 18th and 19th centuries remain unabrogated, but are also unenforced by the courts of the United States. The Dewey Burdock Project is a proposed uranium mining operation which would sit adjacent to... 2021
Skye M. Walker WARS, WALLS, AND WRECKED ECOSYSTEMS: THE CASE FOR PRIORITIZING ENVIRONMENTAL CONSERVATION IN A NationAL SECURITY-CENTRIC LEGAL SYSTEM 51 Environmental Law 913 (Summer, 2021) Maintaining a strong military. Furthering national security by securing the skies, seas, and borders. Promoting peace and order by using tear gas to diffuse chaotic and potentially dangerous situations. To the U.S. government, these are laudable objectives--objectives that often outweigh other policy goals such as environmental conservation. As a... 2021
Jennifer J. Seely WATER BANKS IN WASHINGTON STATE: A TOOL FOR CLIMATE RESILIENCE 96 Washington Law Review 729 (June, 2021) Water banks--a tool for exchanging senior water rights and offsetting new ones--can address multiple problems in contemporary water law. In the era of climate change, water banks enable needed flexibility and resilience in water allocation. As growing cities require new water rights, water banks can repurpose old water for new uses. These... 2021
Philippe Cullet , Lovleen Bhullar , Sujith Koonan WATER SECURITY AND INTERNationAL LAW 17 Annual Review of Law and Social Science 261 (2021) energy, environment, food, international law, rights, security, water International law seeks to ensure water security and to prevent or resolve conflicts leading to water insecurity. This relationship is based on a hybrid framework comprising binding and nonbinding instruments. The multiscalar dimensions of water (in)security are recognized, but... 2021
Jessica Intermill WE LIVE NOT ALONE 78-JUL Bench and Bar of Minnesota 20 (July, 2021) As Enbridge races to complete its new Line 3 tar sands pipeline across Minnesota, 17-year-old Jaiden Ellington-Vasser grabs a quick bite. School is out for the day, and she has 45 minutes before her clerk shift starts at the grocery store. Ellington-Vasser knows firsthand that the Public Utilities Commission's decision to approve construction of... 2021
Lindsay Heck WHEN ENVIRONMENTAL RACISM, A PUBLIC HEALTH CRISIS, AND AN EDUCATIONAL EMERGENCY COLLIDE 46 Human Rights 18 (2021) Flint, Michigan, is ground zero for the four major crises that have afflicted the nation over the past year. In Flint, a catastrophic public health crisis collided with an economic downturn, systemic racism, and a burgeoning environmental crisis years before the COVID-19 pandemic unleashed, or exacerbated, such forces on a nationwide scale. In... 2021
Rachel Casper WHEN HARASSMENT AT WORK IS HARASSMENT AT CHURCH: HOSTILE WORK ENVIRONMENTS AND THE MINISTERIAL EXCEPTION 25 University of Pennsylvania Journal of Law and Social Change 11 (2021) Sexual harassment and harassment on the basis of race, national origin, disability, and age are unlawful workplace practices; what does that mean when one's workplace is a church? This article explores the ministerial exception's application to hostile work environment claims. Can ministerial employees bring harassment claims against... 2021
Lia Cattaneo WRINKLING CITIZEN SUITS: CALIFORNIA v. EPA (9TH CIR. 2020) AND CLEAN AIR ACT UNDERENFORCEMENT 45 Harvard Environmental Law Review 503 (2021) C1-2Table of Contents Introduction I. The Clean Air Act's Citizen Suit Provision. 505 II. California v. EPA. 509 A. Regulation of Landfill Emissions. 509 B. The Citizen Suit in District Court. 511 C. Ninth Circuit's Rule 60(b) Holding. 512 III. The Consequence of Limiting Equitable Discretion. 513 A. The Real-World and Environmental Justice Impacts... 2021
Michael Lewyn ZONING AND LAND USE PLANNING 50 Real Estate Law Journal 453 (Summer, 2021) Most economists believe that cities must permit more housing to be built in order to curt rising rents and home prices. Dense, multifamily housing is especially useful, because when many people live within walking distance of public transit, shops and jobs, more people can reach these destinations without driving, thus reducing carbon emissions and... 2021
Jeff Todd A "SENSE OF EQUITY" IN ENVIRONMENTAL JUSTICE LITIGATION 44 Harvard Environmental Law Review 169 (2020) C1-2TABLE OF CONTENTS Introduction. 169 I. The Story of Environmental Justice Litigation. 176 A. Distributive Injustice: The Roots of Environmental Justice. 178 B. Corrective Injustice: The Challenges of Environmental Justice Litigation. 181 C. Procedural Injustice--or Merely a Hurdle?: The Motion to Dismiss. 185 1. Justiciability Doctrines:... 2020
Jeff Todd A FIGHTING STANCE IN ENVIRONMENTAL JUSTICE LITIGATION 50 Environmental Law 557 (Summer, 2020) The poor, persons of color, and indigenous peoples often turn to the courts to correct the injustice of companies and governments causing environmental harms in their communities. Existing interpretations of tort, statutory, and constitutional law do not adequately fit the situations faced by environmental justice plaintiffs, however, so defendants... 2020
Charles Lee A GAME CHANGER IN THE MAKING? LESSONS FROM STATES ADVANCING ENVIRONMENTAL JUSTICE THROUGH MAPPING AND CUMULATIVE IMPACT STRATEGIES 50 Environmental Law Reporter (ELI) 10203 (March, 2020) This Article focuses on lessons learned from state practice in environmental justice (EJ) mapping and screening, and their relationship to the central issue of cumulative impacts--the reality that EJ communities typically suffer from a concentration of pollution sources and negative land uses as well as health and social vulnerabilities. These... 2020
Joseph Regalia A NEW WATER LAW VISTA: ROOTING THE PUBLIC TRUST DOCTRINE IN THE COURTS 108 Kentucky Law Journal 1 (2019-2020) C1-2Table of Contents Table of Contents. 1 I. A Public Trust Bootcamp. 7 II. Some States Have Embraced their Trust Obligations to Meet Evolving Threats to Water Resources; Some Have Shed their Duties Completely. 12 A. We are in a water crisis and adaptive, aggressive action is needed to protect precious water resources, especially in the west. 12... 2020
Kayla Race A PERFECT STORM: ENVIRONMENTAL JUSTICE AND AIR QUALITY IMPACTS OF OFFSHORE OIL AND GAS DEVELOPMENT IN THE ARCTIC OUTER CONTINENTAL SHELF 38 UCLA Journal of Environmental Law & Policy 105 (2020) The Arctic Outer Continental Shelf is the next great legal battleground over oil and gas resources, environmental protection, and environmental justice. The Arctic is home to an array of sensitive ecological resources and a large Native Alaskan population that relies heavily on the natural environment for food and supplies. The Arctic Ocean also... 2020
Jayesh Patel , Steph Tai A SCAFFOLDING APPROACH TO ENVIRONMENTAL JUSTICE 97 University of Detroit Mercy Law Review 471 (Spring, 2020) 471 Introduction. 472 I. The Scaffolding Approach in Community-Based Organizing. 473 A. Creation of Opportunities for Storytelling and Engagement in the Political Process. 475 B. Focus on Visible Rallying and Polarizing Points For Movements. 476 C. Use of Structures and Deadlines for Galvanizing Nascent Campaigns Post-Litigation. 477 II.... 2020
Russell Armstrong A SILVER BULLET: COULD DATA LINKING URBAN HEAT ISLANDS TO HOUSING DISCRIMINation CURTAIL ENVIRONMENTAL RACISM? 20 Sustainable Development Law & Policy 22 (Spring, 2020) [A]ll things share the same breath--the beast, the tree, the man . the air shares its spirit with all the life it supports. Google Chief Seattle and you will likely find that quote. We now know it is a work of fiction after several misinterpretations and fabrications of Dr. Henry Smith's original translation. We also know now that all people,... 2020
Luis Inaraja Vera ASSESSING THE PERFORMANCE OF VOLUNTARY ENVIRONMENTAL PROGRAMS 2020 Utah Law Review 795 (2020) In recent years, government agencies have increasingly relied on voluntary programs to achieve a variety of goals, from improving worker safety to creating healthier living conditions in urban areas. This type of government initiative is based on a bargain between the agency and private citizens: the government provides certain incentives--economic... 2020
David M. Uhlmann BACK TO THE FUTURE: CREATING A BIPARTISAN ENVIRONMENTAL MOVEMENT FOR THE 21ST CENTURY 50 Environmental Law Reporter (ELI) 10800 (October, 2020) On a clear day, you can see Chicago, my father insisted. I squinted. It was the early 1970s, and all I could see across Lake Michigan were the steel mills and oil refineries that dotted the Indiana coast, belching thick fumes into the air. My father had been coming to the shores of Lake Michigan since the 1940s, when his parents built a small... 2020
Allison N. Kruschke CHALLENGING LAND CONTRACTING ON THE BASIS OF DISPARATE IMPACT AFTER TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS v. INCLUSIVE COMMUNITIES PROJECT, INC.: A VIABLE OPTION OR A DEAD END? 2020 Michigan State Law Review 547 (2020) C1-2Table of Contents Introduction. 548 I. Land Contracts and Their History in the United States. 556 A. The Nature and Governance of Land Contracts. 557 B. The Predatory Nature of Land Contracts Versus Traditional Mortgages. 560 1. Land Contracts and Their Differences from Mortgages. 560 2. The Conditions of Homes Sold Via Land Contract and Unjust... 2020
  CHAPTER FOUR ALOHA 'INA: NATIVE HAWAIIAN LAND RESTITUTION 133 Harvard Law Review 2148 (April, 2020) When I speak at this time of the Hawaiian people, I refer to the children of the soil--the native inhabitants of the Hawaiian Islands and their descendants. --Queen Lili'uokalani Mauna Kea, a dormant volcano on the island of Hawai'i, is home to sacred practices of the Native Hawaiian people--including the burial of sacred ancestors --and, of more... 2020
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