| Author | Title | Citation | Summary | Year |
| Samantha Hepburn |
PRIVATE CLIMATE GOVERNANCE IN AUSTRALIA: INDIGENOUS LAND USE AGREEMENTS AND THE MAJORITY DEFAULT RULE |
39 Wisconsin International Law Journal 431 (Spring, 2022) |
The right to control and determine decision-making mechanisms is central to all legal systems including traditional legal systems .. This article examines the majority default rule as a consent mechanism for area Indigenous land use agreements (ILUAs) in Australia. The area ILUA is a well-established long-term land use transaction entered into... |
2022 |
| Jonathan Skinner-Thompson |
PROCEDURAL ENVIRONMENTAL JUSTICE |
97 Washington Law Review 399 (June, 2022) |
Abstract: Achieving environmental justice--that is, the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies--requires providing impacted communities not just the formal right,... |
2022 |
| Katrina M. Wyman , Adalene Minelli |
PROPERTIZING ENVIRONMENTAL ATTRIBUTES |
39 Yale Journal on Regulation 1391 (Summer, 2022) |
Tangible environmental resources such as land and water have been the object of property rights and traded in markets for millennia. In a development largely unnoticed by legal scholars, technology now allows a new class of environmental resources that are much harder to see and touch to be measured and potentially sold--environmental attributes.... |
2022 |
| Shawn D. Ren |
PROTECTING OUR AT-RISK COMMUNITIES FROM THE GROUND(WATER) UP: CAFOS, THE CLEAN WATER ACT, AND A FRAMEWORK FOR OFFERING CLARITY TO AN IMPRECISE MAUI TEST |
71 Emory Law Journal 563 (2022) |
For rural communities across the country, the problems associated with concentrated animal feeding operations (CAFOs) are nothing new. These industrial-sized operations emit a tremendous amount of waste, polluting the surrounding air, land, and water. In many regions, minority, indigent, and uneducated groups disproportionately bear the ill-effects... |
2022 |
| Reid Peyton Chambers |
PROTECTION AND IMPLEMENTATION OF INDIAN RESERVED WATER RIGHTS AS A NECESSARY CONDITION FOR TRIBAL ECONOMIC DEVELOPMENT |
2022 Wisconsin Law Review 383 (2022) |
Introduction. 383 I. Legal Framework of Federally Reserved Indian Water Rights. 385 A. Winters Case. 385 B. Repeated Failures of the United States to Implement Winters for the First Five Decades After the Decision. 386 C. Arizona v. California. 389 II. Adjudications Involving Indian Water Rights Subsequent to Arizona v. California. 391 A. Wyoming... |
2022 |
| Akilah M. Browne, A. Mychal Johnson |
PUBLIC LAND FOR PUBLIC GOOD: A CALL FOR A REPARATIVE APPLICATION OF THE PUBLIC TRUST DOCTRINE IN NEW YORK |
30 New York University Environmental Law Journal 303 (2022) |
Introduction. 304 I. The Racially Discriminatory History of American Property Law. 311 II. New York's Interpretation and Application of the Public Trust Doctrine. 313 III. An Expansive and Reparative Application of the Public Trust Doctrine. 317 Conclusion. 322 |
2022 |
| Elaine Y. Lee, Athena G. Rutherford |
QUICKER BUT LESS DIRTY: THE BIDEN ADMINISTRATION BOTH STREAMLINES AND SEEKS TO EXPAND NEPA ENVIRONMENTAL REVIEW |
41-SPG Construction Lawyer 17 (Spring, 2022) |
Any construction project associated with a federal agency such as the Department of Transportation or Federal Transit Administration must comply with the requirements of the National Environmental Policy Act (NEPA). With the surge of new and upcoming infrastructure projects funded by the federal government, contractors pursuing and working on... |
2022 |
| Frances Baillon , Michelle Gibbons |
RACE-BASED HOSTILE WORK ENVIRONMENT CLAIMS IN FEDERAL AND MINNESOTA COURTS: A HISTORICAL PERSPECTIVE ON THE DEVELOPMENT OF THE "SEVERE OR PERVASIVE" STANDARD |
48 Mitchell Hamline Law Review 863 (May, 2022) |
I. Introduction. 864 II. Statutory Measures Addressing Race Harassment. 865 A. State Statute--The Minnesota Human Rights Act. 865 B. Federal Statute--Title VII. 866 III. The History of Race Harassment Claims and the Origins of the Federal Severe or Pervasive Standard. 867 A. Early Federal Decisions Apply an Expansive View of Title VII and... |
2022 |
| Maria Antonia Tigre , Natalia Urzola , Victoria Lichet |
REFRAMING GLOBAL BIODIVERSITY PROTECTION AFTER COVID-19: IS INTERNATIONAL ENVIRONMENTAL LAW UP TO THE TASK? |
23 Vermont Journal of Environmental Law 124 (Winter, 2022) |
Introduction. 125 I. Regulation of Wildlife Trade and Deforestation: A Pathway to Reduce Biodiversity Loss?. 126 A. Deforestation and Land-Use Changes as Primary Drivers of Biodiversity Loss. 128 B. Wildlife Trade and Zoonotic Diseases. 130 C. Possible Responses to Biodiversity Loss: Protected Areas and Wildlife Trade International Regulation. 132... |
2022 |
| Ruhan Nagra, Jeanne Bergman, Jasmine Graham |
REGULATORY THEATER: HOW INVESTOR-OWNED UTILITIES AND CAPTURED OVERSIGHT AGENCIES PERPETUATE ENVIRONMENTAL RACISM |
25 CUNY Law Review 355 (Summer, 2022) |
Introduction. 355 I - The Perverse Incentive and Environmental Racism. 357 A. National Grid's Fossil Fuel Infrastructure Expansion. 357 B. The Perverse Incentive of Investor-Owned Utilities. 362 C. Environmental Justice and Climate Impacts. 365 II - Utility Rate Cases in New York. 374 A. Utility Rate Cases 101: The Process. 375 B. Utility Rate... |
2022 |
| Rachel Chambers , Jena Martin |
REIMAGINING CORPORATE ACCOUNTABILITY: MOVING BEYOND HUMAN RIGHTS DUE DILIGENCE |
18 NYU Journal of Law & Business 773 (Summer, 2022) |
The global movement towards the adoption of human rights due diligence laws is gaining momentum. Starting in France, moving to Germany, and now at the European Union level, lawmakers are heeding the call to mandate that companies conduct human rights due diligence throughout their global operations. The situation in the United States is very... |
2022 |
| Tyler Demetriou |
REINVIGORATING THE VIRGINIA CONSTITUTION'S ENVIRONMENTAL PROVISION |
40 Virginia Environmental Law Journal 66 (2022) |
Fifty years ago, Virginia enacted a new constitution. The constitution's framers, recognizing that environmental threats would be among the most significant problems facing Virginia in future decades, included Article XI, the state's first comprehensive environmental constitutional provision. Article XI made natural resource conservation a stated... |
2022 |
| Ada C. Montague , Samuel J. Panarella , Peter Yould |
RENEWABLE ENERGY DEVELOPMENT ON STATE TRUST LANDS |
32 Duke Environmental Law and Policy Forum 177 (Spring, 2022) |
The installed capacity of renewable energy projects in the United States is growing at a rapid pace, forcing renewable energy developers to look further afield to find lands suitable for new solar and wind projects. In this search, state trust lands, which have been underutilized to date for renewable energy development, offer an attractive... |
2022 |
| Ben Mayer, Endre Szalay, Elizabeth Crouse, Bart Freedman |
RENEWABLE ENERGY ON TRIBAL LANDS: NATIVE AMERICAN TRIBES ARE WELL POSITIONED TO PLAY A KEY ROLE IN THE CLEAN ENERGY TRANSITION |
69-APR Federal Lawyer 42 (March/April, 2022) |
Demand for renewable energy projects is at an all-time high and trending up. As part of this acceleration, there has been a push for renewable energy projects with positive social impacts and benefits for traditionally marginalized communities. Indeed, some of the most significant consumers and supporters of renewable and carbon-free power have... |
2022 |
| Craig Anthony (Tony) Arnold , Resilience Justice Project Researchers |
RESILIENCE JUSTICE AND URBAN WATER PLANNING |
52 Seton Hall Law Review 1399 (2022) |
I. Introduction. 1400 II. Urban Water Planning And Institutions. 1405 A. Urban Water Planning. 1405 B. Local Water Institutions. 1408 C. State Water Institutions. 1409 D. Federal Water Institutions. 1414 III. Resilience Justice. 1417 IV. Case Studies: Fresno and Sacramento. 1423 A. Overview. 1423 B. Fresno Case Study. 1425 C. Sacramento Case Study.... |
2022 |
| Senator Kevin Cramer |
RESTORING STATES' RIGHTS & ADHERING TO COOPERATIVE FEDERALISM IN ENVIRONMENTAL POLICY |
45 Harvard Journal of Law & Public Policy 481 (Spring, 2022) |
For Attorney General Wayne Stenehjem: On Friday, January 28, 2022, North Dakota and our nation lost a patriot who fought for the cause of states' rights and cooperative federalism. His work in the courtroom and on North Dakota's Industrial Commission was monumental in positioning the state to be an energy powerhouse while being a steward of the... |
2022 |
| Joshua Ash |
RETHINKING INTERGENERATIONAL EQUITY IN LAND USE DECISION MAKING |
36-SPG Natural Resources & Environment 21 (Spring, 2022) |
For most of my childhood, I lived on a small farm on the border of Maryland and West Virginia, surrounded by mountain streams, picturesque pastures, and the occasional Amish buggy. Among other early childhood lessons, I was taught that land meant everything. In that agricultural community, the land upon which one lived shaped one's income, family... |
2022 |
| Taino J. Palermo |
RETURNING HOME AND RESTORING TRUST: A LEGAL FRAMEWORK FOR FEDERALLY NON-RECOGNIZED TRIBAL NATIONS TO ACQUIRE ANCESTRAL LANDS IN FEE SIMPLE |
27 Roger Williams University Law Review 305 (Spring, 2022) |
There is a special trust relationship between the federal government and American Indian tribes, referred to as the trust responsibility. However, it is difficult to frame the scope of this relationship. One narrow interpretation is the trust instrument formed when the federal government takes tribal land in fee simple, to manage for the benefit... |
2022 |
| Jorden Messmer |
REVIVING SUPPLEMENTAL ENVIRONMENTAL PROJECTS |
53 University of Toledo Law Review 527 (Spring, 2022) |
On October 8, 2020, the Conservation Law Foundation sued Attorney General William Barr over the Department of Justice terminating nearly thirty years of legal precedent. The controversy surrounds the environmentally beneficial settlement tool known as Supplemental Environmental Projects (SEPs). Although early forms of SEPs were supported by the... |
2022 |
| Keith Hirokawa , Steph Tai , Elizabeth Kronk Warner |
ROUNDTABLE ONE THE ESSENTIAL ENVIRONMENTAL LAW CURRICULUM |
46 Vermont Law Review 552 (Summer, 2022) |
Dean Kronk Warner: I think the answer is yes and no. Traditionally, the focus in environmental law--at least how I was taught when I was in law school--was this focus on litigation-based strategies and also on federal environmental law. I think that, when we solely focus on those two issues, that goes to the critique we saw from the ABA. Any time... |
2022 |
| Cale Jaffe , Helen Kang , Hari Osofsky |
ROUNDTABLE THREE ENVIRONMENTAL LAW EDUCATION: PREPARING FOR ENVIRONMENTAL PRACTICE |
46 Vermont Law Review 604 (Summer, 2022) |
First of all, I just wanted to say a big thank you to all of you for including me in today's dialogue and putting together this really interesting series. I've gained so much from hearing everybody's insights. I think when we start talking about new strategies for addressing environmental issues to be incorporated into the law school curriculum, in... |
2022 |
| Lincoln Davies , Karrigan Börk , Sarah Krakoff |
ROUNDTABLE TWO ENVIRONMENTAL LAW EDUCATION: NEW TECHNIQUES IN THE CLASSROOM AND BEYOND |
46 Vermont Law Review 575 (Summer, 2022) |
First, I want to briefly explain our curriculum, as it exists, to help with the context for my answer. At Colorado, we have what I think of as a developmental curriculum. We have a foundations class that is the gateway to the rest of the substantive classes. And then we have pollution law, water law, public lands, climate change--a full suite of... |
2022 |
| Jonathan Rosenbloom , Jennifer Rushlow |
SAME SONG, DIFFERENT CHORUS: MODERNIZING ENVIRONMENTAL LAW CURRICULUM |
46 Vermont Law Review 543 (Summer, 2022) |
Environmental law is not what it used to be. Much has changed since the original major federal environmental statutes became law under President Nixon in the early 1970s. The climate crisis, loss of biodiversity, and more public recognition that environmental impacts disproportionately harm (and benefit) different communities according to race,... |
2022 |
| Heather J. Tanana |
SECURING A PERMANENT HOMELAND: THE FEDERAL GOVERNMENT'S RESPONSIBILITY TO PROVIDE CLEAN WATER ACCESS TO TRIBAL COMMUNITIES |
69-APR Federal Lawyer 52 (March/April, 2022) |
Water is life--critical to the health, socioeconomic, and cultural needs of any community. Every household in the United States needs and deserves access to clean, reliable, and affordable drinking water. Yet, tribal communities face high rates of water insecurity. More than a half million people--nearly 48 percent of tribal homes in Native... |
2022 |
| 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 |