Jessica Grannis COMMUNITY-DRIVEN CLIMATE SOLUTIONS: HOW PUBLIC-PRIVATE PARTNERSHIPS WITH LAND TRUSTS CAN ADVANCE CLIMATE ACTION 44 William and Mary Environmental Law and Policy Review 701 (Spring, 2020) In 2018 and 2019, several landmark developments demonstrated the failings of past efforts to address climate change and the need for new and more ambitious solutions. In October 2018, the Intergovernmental Panel on Climate Change (IPCC) released a dire report indicating that the window is rapidly closing for countries to dramatically reduce... 2020
Justin R. Pidot COMPENSATORY MITIGATION AND PUBLIC LANDS 61 Boston College Law Review 1045 (March, 2020) Introduction. 1046 I. Compensatory Mitigation in Context. 1055 A. Locating Mitigation as a Doctrine to Offset Harm. 1056 B. Developing Principles of Environmental Mitigation. 1058 C. Changing Tides of Compensatory Mitigation on Public Lands. 1062 II. Development of Public Land Law. 1069 A. Shifting Paradigms for Public Lands. 1069 B. Managing Under... 2020
Wyatt G. Sassman CRITICAL QUESTIONS IN ENVIRONMENTAL LAW 97 University of Detroit Mercy Law Review 487 (Spring, 2020) I. Introduction. 487 II. Critical Questions in Environmental Law. 491 A. Shaky Foundations. 491 B. Environmental Justice. 493 C. Climate Change. 497 III. Critical Movements and Law's Role. 501 A. CLS's Influences. 501 B. Law and Reform After CLS. 503 IV. Lessons for Environmental Law. 505 V. Conclusion. 507 2020
Sammy Matsaw , Dylan Hedden-Nicely , Barbara Cosens CULTURAL LINGUISTICS AND TREATY LANGUAGE: A MODERNIZED APPROACH TO INTERPRETING TREATY LANGUAGE TO CAPTURE THE TribE'S UNDERSTANDING 50 Environmental Law 415 (Spring, 2020) Language is a reflection of a thought world. A worldview that has been shaped by place to describe one's identity in space and time does not equate to species relatedness as a default to know one another. In the legal system of the United States, there is acknowledgement of treaties in colonized lands that there are rights granted from the tribes... 2020
Barry Yeoman ENVIRONMENTAL JUSTICE AND THE DISPARATE IMPACT OF NORTH CAROLINA INDUSTRIAL-SCALE HOG FARMING ON MINORITY COMMUNITIES (ADAPTED TRANSCRIPTION) 14 University of St. Thomas Journal of Law & Public Policy 82 (December, 2020) Charles Reid reached out to me after I wrote a series of articles about the impact of industrial-scale hog farming in North Carolina. He felt it was important to look at rural environmental-justice struggles, partly as a reminder that poverty is not simply an urban issue. To appreciate what is happening right now in rural Eastern North Carolina, I... 2020
Charles Isaacs ENVIRONMENTAL JUSTICE IN LITTLE VILLAGE: A CASE FOR REFORMING CHICAGO'S ZONING LAW 15 Northwestern Journal of Law & Social Policy 357 (Spring, 2020) Chicago's Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village's Crawford coal-burning power plant... 2020
Eli Woods ENVIRONMENTAL RACISM IN THE AGE OF COVID-19 26 Public Interest Law Reporter 94 (Fall, 2020) As the COVID-19 pandemic has swept the world leaving millions infected, hundreds of thousands dead, and most economies in tatters, a question that has gone largely unanswered is whether toxic air pollution has been a culprit in helping spread the virus. What effects, if any, have high levels of toxic air pollution in communities of color had on the... 2020
Barry E. Hill ENVIRONMENTAL RIGHTS, PUBLIC TRUST, AND PUBLIC NUISANCE: ADDRESSING CLIMATE INJUSTICES THROUGH STATE CLIMATE LIABILITY LITIGATION 50 Environmental Law Reporter (ELI) 11022 (December, 2020) This Article focuses on an area of rapidly evolving jurisprudence--climate liability litigation. It examines in depth the state attorney general's complaint filed in Rhode Island v. Chevron Corp. in 2018, alleging various state-law tort claims. It explores the intensely sustained legal battles taking place between states and fossil fuel companies... 2020
Rachael Jaffe EQUITY & ECOLOGY IN SOUTH AFRICAN WATER SYSTEMS 23 University of Denver Water Law Review 147 (Spring, 2020) The South African Constitution promises food, water, and shelter to every South African--three essentials to human life. Yet, not everyone in South Africa has access to these imperative basics. South Africa's idealistic Constitution guarantees the right to sufficient food and water and access to adequate housing. However, despite this promise,... 2020
Joshua Ozymy , Melissa L. Jarrell EXPLORING THE ROLE OF VICTIMS IN FEDERAL ENVIRONMENTAL CRIME PROSECUTIONS, 1983-2019 57 Willamette Law Review 25 (Fall, 2020) While individuals are victimized directly or as a consequence of environmental crimes in the United States, little is known about these victims or the role their victimization plays in federal environmental crime prosecutions. Through content analysis of 2,588 of the Environmental Protection Agency's criminal prosecution case summaries, 1983-2019,... 2020
Dani L. Replogle FORECASTING CLIMATE CHAOS: NEPA'S ROLE IN COUNTERING FOSSIL FUEL EXTRACTION ON PUBLIC LANDS 50 Environmental Law 523 (Spring, 2020) This Comment dissects an influential line of cases out of the Tenth Circuit in order to better understand how courts are holding federal agencies accountable for the climatic effects of fossil fuel extraction on public lands. While the judiciary is beginning to require that agencies quantify downstream emissions and consider the impacts of these... 2020
Elena D. Gartner FROM CIVIL RIGHTS TO HUMAN RIGHTS: THE PANDEMIC'S AFTERMATH REQUIRES ENVIRONMENTAL AND REPRODUCTIVE JUSTICE MECHANISMS TO REINFORCE GLOBAL PUBLIC HEALTH 24 Human Rights Brief 42 (Summer, 2020) C1-2Table of Contents Introduction. 43 I. There Are Shared Strategic Interests Between Environmental and Reproductive Justice Movements.. 44 II. The Reproductive and Environmental Justice Movements Breathe Life into International Environmental Legal Efforts.. 46 III. Tackling Global Health, Environmental, and Reproductive Injustice Is Possible... 2020
Diana Stanley HATCHING A PLAN FOR LOCAL COMMUNITIES: ENVIRONMENTAL JUSTICE IN POULTRY SITING DECISIONS 10 Washington Journal of Environmental Law & Policy 32 (June, 2020) One of the implementation problems for environmental justice is reconciling the need to protect public health with the economic realities of struggling communities. This article explores that tension through the lens of siting decisions for large scale poultry operations in rural communities. Poultry siting decisions have major economic and... 2020
Kenneth Stahl HOME RULE AND STATE PREEMPTION OF LOCAL LAND USE CONTROL 50 Urban Lawyer 179 (2020) Though local governments have historically made most land-use decisions, the housing crisis now gripping many parts of the country has caused state legislatures in places like California, Oregon, Maryland, and Virginia to consider a more assertive role in regulating land use, preempting some local authority. The conflict between states and... 2020
Lauren E. Bartlett HUMAN RIGHTS GUIDANCE FOR ENVIRONMENTAL JUSTICE ATTORNEYS 97 University of Detroit Mercy Law Review 373 (Spring, 2020) I. Introduction. 374 II. Historical Context. 378 i. Environmental Justice Movement. 379 ii. Movement for Environmental Human Rights. 386 III. Environmental Human Rights Law: An Overview. 392 i. Treaties. 394 ii. Customary International Law. 397 iii. Constitutions and Statutes. 399 iv. Case Law. 404 1. Inter-American Human Rights System. 405 2.... 2020
Nadiyah J. Humber IN WEST PHILADELPHIA BORN AND RAISED OR MOVING TO BEL-AIR? RACIAL STEERING AS A CONSEQUENCE OF USING RACE DATA ON REAL ESTATE WEBSITES 17 Hastings Race and Poverty Law Journal 133 (Winter, 2020) Current fair housing laws are not entirely equipped to deal with issues of housing discrimination on the internet, particularly the practice of racial steering, where a homebuyer is directed away from certain communities based on racial demographics. Courts interpret these kind of steering claims as requiring a showing of discriminatory intent, yet... 2020
Kylie M. Allen IndigenOUS NUCLEAR INJURIES AND THE RADIATION EXPOSURE COMPENSATION ACT (RECA): REFRAMING COMPENSATION TOWARD IndigenOUS-LED ENVIRONMENTAL REPARATIONS 10 Arizona Journal of Environmental Law & Policy 264 (Spring, 2020) Indigenous Nations have borne a wide array of harms as a result of U.S. nuclear policy. The extraction and processing of nuclear materials and testing of nuclear weapons have caused extensive health problems for Indigenous Peoples. Given that most nuclear facilities are located on tribal and traditional lands, Indigenous Peoples have been... 2020
Alyson C. Flournoy INTEGRATIVE ENVIRONMENTAL LAW: A PRESCRIPTION FOR LAW IN THE TIME OF CLIMATE CHANGE 30 Duke Environmental Law and Policy Forum 225 (Spring, 2020) As the magnitude of the threat posed by climate change has become increasingly apparent, scholars and practitioners have begun a dialogue about how to reform environmental law to meet the challenge. Concepts like adaptive management, sustainability, and resilience have emerged in succession, as policy makers and scholars search for new moorings for... 2020
Dana Zartner, JD, LLM, Ph.D. JUSTICE FOR JURISTAC: USING INTERNationAL AND COMPARATIVE LAW TO PROTECT IndigenOUS LANDS 18 Santa Clara Journal of International Law 175 (June 3, 2020) Battles between extractivist industries and indigenous peoples and environmentalists are raging around the world, as well as in our own backyard. At the southern end of the Santa Cruz Mountains in an area called Sargent Ranch, the Amah Mutsun Tribal Band is currently fighting to prevent the creation of a sand and gravel mine on their sacred lands.... 2020
Coty Montag LIEN IN: CHALLENGING MUNICIPALITIES' DISCRIMINATORY WATER PRACTICES UNDER THE FAIR HOUSING ACT 55 Harvard Civil Rights-Civil Liberties Law Review 199 (Winter, 2020) Our nation's failing infrastructure and cities' financial woes have led to a dramatic rise in the cost of water across the United States. Many families are unable to pay these higher bills and face disproportionately harsh consequences as a result. While laws vary by jurisdiction, some municipalities place liens on homes for unpaid water debt. Once... 2020
Michael T. Olexa , Lauren Hill , Travis M. Walker , Damian C. Adams LIMITATIONS TO STATEWIDE REACH OF LAND GRANT UNIVERSITIES - FLORIDA AS A CAUTIONARY TALE 25 Drake Journal of Agricultural Law 323 (Fall, 2020) 324 I. Introduction. 324 II. The Creation of the Land Grant College System. 327 A. Justin Morrill's Personal Struggles to Achieve Upper-Level Education. 328 B. The Morrill Act of 1862. 329 C. The Morrill Act of 1890. 333 D. Extending the Land Grant College Beyond the Four Walls of the School--The Hatch Smith-Lever Acts. 337 1. The... 2020
Lily Grisafi LIVING IN THE BLAST ZONE: SEXUAL VIOLENCE PIPED ONTO NATIVE LAND BY EXTRACTIVE INDUSTRIES 53 Columbia Journal of Law and Social Problems 509 (Summer, 2020) Native American women around the country, and particularly those living near extractive industries, face an epidemic of sexual violence. The high rates of violence against Native women are due in large part to the lack of liability for those most responsible. Flaws in United States and tribal criminal justice systems create de facto jurisdictional... 2020
Sarah Fox LOCALIZING ENVIRONMENTAL FEDERALISM 54 U.C. Davis Law Review 133 (November, 2020) Local environmental initiatives have gained attention and importance in the face of inaction by the federal government and many states. In taking these initiatives, local governments are not only furthering environmental protections, but also fulfilling an important federalism function. Environmental federalism theory has long highlighted the... 2020
Sarah Dávila-Ruhaak MAKING A CASE FOR THE RIGHT TO A HEALTHY ENVIRONMENT FOR THE PROTECTION OF VULNERABLE COMMUNITIES: A CASE OF COAL-ASH DISASTER IN PUERTO RICO 9 Michigan Journal of Environmental & Administrative Law 379 (Spring, 2020) The connection between the environment and human rights is not a surprising one. The enjoyment of human rights depends on a person's ability to live free from interference and to have his or her rights protected. The interdependence of human rights and the protection of the environment is manifested in the full and effective enjoyment of the right... 2020
Coty Montag MUNICIPAL POWER AND RACIAL INJUSTICE: SOLUTIONS FOR WATER DISCRIMINation 34-SPG Natural Resources & Environment 16 (Spring, 2020) Albert Pickett, a Black man and lifelong resident of East Cleveland, Ohio, has lived without running water in his home for six years. Pickett v. City of Cleveland, No. 19-cv-2911, Complaint at 23 (N.D. Ohio Dec. 18, 2019), His sole income is disability benefits. Pickett owns and lives in... 2020
Martin A. McCrory , Anjanette H. Raymond NAVIGATING MURKY WATERS: THE RISE AND FALL OF CLEAN WATER PROTECTION IN THE UNITED STATES 29 Southern California Review of Law & Social Justice 143 (Summer, 2020) In rivers, the water that you touch is the last of what has past and the first of that which comes . According to water quality and monitoring violations from the Environmental Protection Agency (EPA), an estimated 63 million people in America were exposed to potentially unsafe water more than once during the past decade. These failures have... 2020
Joshua Ozymy , Melissa L. Jarrell OF SEX CRIMES AND FENCELINES: HOW RECOGNITION OF ENVIRONMENTAL JUSTICE COMMUNITIES AS CRIME VICTIMS UNDER STATE AND FEDERAL LAW CAN HELP SECURE ENVIRONMENTAL JUSTICE 38 Pace Environmental Law Review 109 (Fall, 2020) Environmental justice communities throughout the United States continue to face disproportionate health burdens from living near industrial sources of pollution. Such burdens were caused by historically racist public policies and continue to be perpetuated by inadequate regulatory responses at the federal and state level. State and federal law has... 2020
Michael Chachura OLD PIPES IN BRICK CITY: EQUAL PROTECTIONS & THE NEWARK WATER CRISIS 22 Rutgers Race & the Law Review 123 (2020) This note addresses the current water crisis in Newark, New Jersey and the unique ways in which the crisis can be solved. Residents of Newark have been harmed by the crisis and can employ environmental justice and constitutional principles to seek relief. These environmental justice principles could also be applied to other cities when this... 2020
Sacred B. Huff OVERCOMING ENVIRONMENTAL RACISM: A LESSON FROM THE VOTING RIGHTS ACT OF 1965 11 George Washington Journal of Energy & Environmental Law 22 (Summer, 2020) By March 2016, the Flint, Michigan Water Crisis dominated national news. Headlines describing how the city's drinking water had become lead-contaminated after local officials switched the city's water source to save money sparked a new round of conversation about the regulation of pollution. Yet, environmental justice advocates maintain that... 2020
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