| Author | Title | Citation | Summary | Year |
| Jon W. Katchen , Nicholas Ostrovsky |
STRANGERS IN THEIR OWN LAND: A SURVEY OF THE STATUS OF THE ALASKA NATIVE PEOPLE FROM THE RUSSIAN OCCUPATION THROUGH THE TURN OF THE TWENTIETH CENTURY |
39 Alaska Law Review 1 (June, 2022) |
The federal government's scattershot treatment of Alaska Natives has long created confusion over the legal status and rights of Alaska Natives and Alaska Native entities. This confusion was center stage in the recent Supreme Court case, Yellen v. Confederated Tribes of the Chehalis Reservation, involving Indian Tribe entitlement to CARES Act... |
2022 |
| Emily Reeves |
TAKING BACK SOVEREIGNTY: THE IMPORTANCE OF NATIVE VOICES IN ADDRESSING ENVIRONMENTAL HARMS TO NATIVE LAND |
52 California Western International Law Journal 615 (Spring, 2022) |
C1-2Table of Contents Introduction. 616 I. History of Tribal Sovereignty. 619 II. Tribal Sovereignty and Environmental Rights. 620 III. Description of Controversy. 623 A. The Enbridge Pipeline. 624 B. Department of Natural Resources v. White Earth Band of Ojibwe. 625 IV. Repercussions of Department of Natural Resources v. White Earth Band of... |
2022 |
| Lauren Reznick |
TAKING ON PAST INJUSTICES: NEW LAND COURT PROCEDURE OFFERS SOLUTIONS TO HOMEOWNERS FOR RACIALLY RESTRICTIVE COVENANTS IN LAND RECORDS |
66-WTR Boston Bar Journal 19 (Winter, 2022) |
No part of the land hereby conveyed or any of the improvements thereon shall ever be sold, leased, traded, deeded or donated to any one other than of the Caucasian race. These above words live within Massachusetts land records and remind us of a not-too-distant shameful past. Throughout the early twentieth century, racially restrictive covenants,... |
2022 |
| Luis Inaraja Vera |
TAKINGS PROPERTY AND APPROPRIATIVE WATER RIGHTS |
44 Cardozo Law Review 271 (October, 2022) |
The Takings Clause of the Fifth Amendment to the United States Constitution provides that private property [shall not] be taken for public use, without just compensation. While courts and academics have put considerable amounts of effort into discussing the meaning of taken or public use, they have given far less attention to the phrase... |
2022 |
| Doug Williams |
TEACHING ENVIRONMENTAL LAW AFTER TRUMP |
66 Saint Louis University Law Journal 469 (Spring, 2022) |
This Article addresses some of the challenges in teaching environmental law after the administration of President Donald Trump. The Trump Administration mounted a relentless, aggressive, and largely deregulatory overhaul of the nation's major environmental regulatory efforts, particularly the efforts of the prior Obama Administration. Many of these... |
2022 |
| Kevin Cassidy , Craig Johnston |
TEAR DOWN THIS WALL: ALIGNING THE CORPS' ENVIRONMENTAL REVIEW OBLIGATIONS UNDER NEPA AND THE CLEAN WATER ACT FOR SECTION 404 WETLAND PERMITS |
52 Environmental Law 395 (Summer, 2022) |
Under its public interest review regulation, the U.S. Army Corps of Engineers (Corps) reserves to itself the power to consider a broad range of factors in determining whether it should issue Section 404 permits under the Clean Water Act (CWA). This review supplements, and is distinct from, the analysis that the Corps must engage in pursuant to... |
2022 |
| Michael J. Amato |
THE BEST AND WORST FORM OF ENVIRONMENTAL ENFORCEMENT: THIRD-PARTY PAYMENTS AND EXECUTIVE SETTLEMENT POLICY |
110 Georgetown Law Journal 1171 (May, 2022) |
C1-2Table of Contents Introduction. 1172 I. Background of Third-Party Payments. 1178 A. HISTORICAL BACKGROUND. 1179 B. MODERN THIRD-PARTY PAYMENTS. 1181 1. Supplemental Environmental Projects. 1182 2. Equitable Mitigation. 1183 3. Community Service. 1184 4. Restitution. 1185 C. CRITICISM. 1186 1. Statutory Criticism. 1187 2. Policy Criticism. 1188... |
2022 |
| Casey Hellman, Staff Contributor |
THE BIDEN ADMINISTRATION'S NEW TOOL TO ADDRESS ENVIRONMENTAL INJUSTICE |
10/23/2022 Georgetown Environmental Law Review Online 1 (23-Oct-22) |
Using the Explore the Map tool to view data for a specific community in Washington, D.C. On January 27, 2021, President Biden issued Tackling the Climate Crisis at Home and Abroad, an executive order intended to increase the primacy of climate issues in domestic and foreign policy. The Order created the Justice40 Initiative, which is a commitment... |
2022 |
| Skye M. Walker, 2021-2022 Symposium Editor |
THE CLEAN WATER ACT AT 50: REQUIEM OR RESURRECTION? |
52 Environmental Law I (Summer, 2022) |
Fifty years ago, Congress passed the Federal Water Pollution Control Act of 1948 (later known as the Clean Water Act) in response to a disturbing public health issue: egregious pollution of U.S. waterbodies. The Cuyahoga River fire of 1969, among other events, generated national concern over water quality and set in motion a new regulatory era.... |
2022 |
| Tom I. Romero, II |
THE COLOR OF LOCAL GOVERNMENT: OBSERVATIONS OF A BROWN BUFFALO ON RACIAL IMPACT STATEMENTS IN THE MOVEMENT FOR WATER JUSTICE |
25 CUNY Law Review 241 (Summer, 2022) |
This Article advocates for the adoption of racial impact statements (RIS) in local government decision making, particularly among water utilities. Situated in the larger history of water and climate injustice in Colorado and the arid American West, this Article examines ways that racially minoritized communities engage and contest legal and... |
2022 |
| |
THE CONSTITUTIONAL RIGHT TO SAVE THE ENVIRONMENT |
52 Environmental Law Reporter (ELI) 10007 (January, 2022) |
More than 50 years ago, Franklin Kury drafted and championed an Environmental Rights Amendment to the Pennsylvania Constitution. His book, The Constitutional Question to Save the Planet: The Right to a Healthy Environment (ELI Press 2021), expands upon the story of his amendment to demonstrate how its principles can be the basis for addressing... |
2022 |
| Khiara M. Bridges |
THE DYSGENIC STATE: ENVIRONMENTAL INJUSTICE AND DISABILITY-SELECTIVE ABORTION BANS |
110 California Law Review 297 (April, 2022) |
Disability-selective abortion bans are laws that prohibit individuals from terminating a pregnancy because the fetus has been diagnosed with a health impairment. Many environmental toxins--to which low-income people and people of color disproportionately are exposed--are known to cause impairments in fetuses. When the fact of environmental... |
2022 |
| Gabriel J. Chin *, Anna Ratner ** |
THE END OF CALIFORNIA'S ANTI-ASIAN ALIEN LAND LAW: A CASE STUDY IN REPARATIONS AND TRANSITIONAL JUSTICE |
29 Asian American Law Journal 17 (2022) |
For nearly a century, California law embodied a rabid anti-Asian policy, which included school segregation, discriminatory law enforcement, a prohibition on marriage with Whites, denial of voting rights, and imposition of many other hardships. The Alien Land Law was a California innovation, copied in over a dozen other states. The Alien Land Law,... |
2022 |
| Kylah Staley |
THE EXTRACTION INDUSTRY IN LATIN AMERICA AND THE PROTECTION OF INDIGENOUS LAND AND NATURAL RESOURCE RIGHTS: FROM CONSULTATION TOWARD FREE, PRIOR, AND INFORMED CONSENT |
73 Hastings Law Journal 1145 (May, 2022) |
Resource extraction and exploitation threaten the survival of Indigenous and tribal peoples, who are amongst the most marginalized communities in the world. This is both a human rights issue and an environmental issue. There are around 300 million people that make up Indigenous communities worldwide, the majority of whom live in forests.... |
2022 |
| Shira Cohen |
THE FAILINGS OF THE UNITED STATES JUSTICE SYSTEM: LOBATO v. TAYLOR AND MEXICAN COMMUNITY LAND GRANTS |
93 University of Colorado Law Review 841 (Summer, 2022) |
Introduction. 842 I. The Broken Promises of the Treaty of Guadalupe-Hidalgo. 845 A. Communal Land Ownership in Mexico. 846 B. The Treaty and Its Import to Community Land Grants. 847 C. Disregard of Community Land Grants and Treaty Violations. 849 1. Tameling and the Removal of Courts from the Land-Grant Confirmation Process. 849 2. Sandoval and... |
2022 |
| Lydia Heye |
THE FOSSIL FUEL PHASE-OUT'S MULTI-MILLION DOLLAR PROBLEM: AN ENVIRONMENTAL JUSTICE ANALYSIS OF IDLE OIL WELL MANAGEMENT IN CALIFORNIA |
40 UCLA Journal of Environmental Law & Policy 61 (2022) |
Throughout the state of California, oil operators will continue to abandon thousands of their oil wells within the coming years. With the growing threats of climate change, local, state and federal policymakers are looking away from fossil fuels and towards supporting renewable energy generation. In April 2021, California Governor Gavin Newson... |
2022 |
| Joshua Ozymy , Melissa Jarrell Ozymy |
THE GREEN POLICE IN THE GOLDEN STATE: AN ANALYSIS OF THE CRIMINAL ENFORCEMENT OF ENVIRONMENTAL LAW IN THE STATE OF CALIFORNIA |
28 Hastings Environmental Law Journal 3 (Winter, 2022) |
The use of criminal enforcement tools is necessary for deterring and punishing environmental offenses involving significant harm or culpable conduct. Yet we have very limited empirical knowledge of how the criminal enforcement of environmental laws has functioned historically in the Golden State. Through content analysis of prosecution summaries... |
2022 |
| Kirsten Williams |
THE IMPACT OF FORESIGHT: REFRAMING DISCRIMINATORY INTENT TO PROPERLY REMEDY ENVIRONMENTAL RACISM |
59 Houston Law Review 1231 (Spring, 2022) |
For too long, minority communities have been forced to accept the consequences of living near landfills, hazardous waste sites, industrial facilities, contaminated water sources, and other locally undesirable land uses at higher rates than nonminority communities. Many environmental justice advocates hope for expanded availability of the disparate... |
2022 |
| Scott W. Stern |
THE JUSTICE FROM MONSANTO: THE ENVIRONMENTAL LIFE AND LAW OF CLARENCE THOMAS |
46 Harvard Environmental Law Review 67 (2022) |
Ever since his controversial 1991 confirmation hearings, Justice Clarence Thomas has been the subject of ravenous popular and scholarly interest. Today, there is a veritable shelf of books and studies analyzing his biography, his ideology, and his jurisprudence. Yet one area has been missing from the existing literature: environmental law. Few... |
2022 |
| Stella Emery Santana |
THE LEGAL ASPECTS OF WATER AS A HUMAN RIGHT ACCORDING TO THE 2030 AGENDA: A COMPARATIVE ANALYSIS BETWEEN BRAZIL AND THE UNITED STATES OF AMERICA |
32 Indiana International & Comparative Law Review 287 (2022) |
This research article demonstrates the legal aspects of water as a human right by utilizing the United Nations (UN) 2030 Agenda on Sustainable Development as the primary comparative tool. Brazil and the United States of America (USA) are the objects of research for this legal analysis. Both countries were the subjects of analysis because of the... |
2022 |
| Victor Flatt |
THE MYTH OF STATE SURFACE WATER REGULATION--THE FIFTY YEAR FLAW OF THE FEDERAL WATER POLLUTION CONTROL ACT JURISDICTIONAL DEBATE |
52 Environmental Law 331 (Summer, 2022) |
In 1972, when the federal government took the lead in protecting our nation's waters from pollution and destruction, it intended to assert federal jurisdiction as broadly as possible. Nonetheless, for the last fifty years, the precise contours of federal jurisdiction (the extent of waters of the United States or WOTUS) have been in dispute,... |
2022 |
| Kurt Wohlers |
THE PARTICLE PROBLEM: USING RCRA CITIZEN SUITS TO FILL GAPS IN THE CLEAN AIR ACT |
121 Michigan Law Review 325 (November, 2022) |
While the Clean Air Act has done a substantial amount for the environment and the health of individuals in the United States, there is still much to be done. For all its complexity, the Act has perpetuated systemic inequities and allowed harms to fall more heavily on low-income communities and communities of color. This is no less true for... |
2022 |
| Michelle Bryan |
THE POWER OF RECIPROCITY: HOW THE CONFEDERATED SALISH & KOOTENAI WATER COMPACT ILLUMINATES A PATH TOWARD NATURAL RESOURCES RECONCILIATION |
25 University of Denver Water Law Review 227 (Spring, 2022) |
INTRODUCTION. 229 The Peoples and Their Place. 230 Why This Story Matters. 232 Roadmap for this Article. 235 I. HOW THE FEDERAL GOVERNMENT SET THE STAGE FOR TRIBAL-STATE COMPETITION OVER SCARCE WATER RESOURCES. 235 A. It Began in Montana: The Winters Doctrine and Tribal Water Rights. 235 B. The McCarran Amendment and its Impact on Tribal-State... |
2022 |
| George Moshenski-Dubov |
THE PROTECTION OF ENVIRONMENTAL LAW UNDER NAFTA AND CUSMA: A CANADIAN PERSPECTIVE |
46 Canada-United States Law Journal 239 (2022) |
C1-2Table of Contents I. INTRODUCTION. 240 II. NAFTA HISTORY. 240 A. North American Agreement on Environmental Cooperation. 241 1. Objectives. 241 2. Obligations. 241 3. Commission for Environmental Cooperation. 242 4. Cooperation and Provision of Information. 242 5. Consultation and Resolution of Disputes. 242 6. General Provisions and 7. Final... |
2022 |
| Arthur D. Middleton, Temple Stoellinger, Drew E. Bennett, Travis Brammer, Laura Gigliotti, Hilary Byerly Flint, Sam Maher, Bryan Leonard |
THE ROLE OF PRIVATE LANDS IN CONSERVING YELLOWSTONE'S WILDLIFE IN THE TWENTY-FIRST CENTURY |
22 Wyoming Law Review 237 (2022) |
I. Introduction. 238 II. Origins, Ownership, and Use of Private Land in the Gye. 244 III. Importance of Private Lands to Wide-Ranging Wildlife in the Gye. 251 A. The Grizzly Bear. 252 B. The Elk. 254 IV. Conceptual Basis for Wildlife Conservation on Private Lands. 260 A. Responsibilities of Landowners Toward Wildlife; and of the Public Toward... |
2022 |
| Heather J. Tanana, Elisabeth Paxton Parker |
THE UNFULFILLED PROMISE OF INDIAN WATER RIGHTS SETTLEMENTS |
37-FALL Natural Resources & Environment 12 (Fall, 2022) |
When the Ute Bands signed the treaty establishing the Ute Reservation in 1868, the United States promised the Ute people that the Reservation would be a permanent home that would support our people forever. The key to carrying out that promise is water--a fact that the Tribal leadership has always known but which the United States has sometimes... |
2022 |
| Mariana Muñoz |
THIS LAND IS MY LAND, THIS LAND IS YOUR LAND, BUT WHERE IS THE ENVIRONMENTAL JUSTICE? |
23 Vermont Journal of Environmental Law 296 (Spring, 2022) |
Introduction. 296 I. Background. 298 A. A History of Broken Promises. 298 B. The Environmental Justice Movement. 300 C. Native Americans and Tribal Interplay with the Environmental Justice Movement. 301 II. Legal Analysis. 303 A. The Landmark Decision: McGirt v. Oklahoma. 303 B. Indian Nation Post McGirt: Generally. 306 C. Indian Nation Post... |
2022 |
| Andrew Simmons |
TIJUANA RIVER VALLEY POLLUTION: HOW THE ENVIRONMENTAL PROTECTION AGENCY EXPECTS TO END A NINETY-YEAR ENVIRONMENTAL AND PUBLIC HEALTH CRISIS |
33 Villanova Environmental Law Journal 113 (2022) |
The Tijuana River Valley (TRV) is a transboundary watershed that covers approximately 1,750 square miles across Mexico and the United States. Although the TRV spans the border, most of its water flow originates in Mexico's Baja California mountain ranges and flows downhill north towards the United States. Mexico contains approximately seventy-five... |
2022 |
| Dino Delgado Gutiérrez |
TRADE AGREEMENTS AND ENVIRONMENT IN LATIN AMERICA |
52 Environmental Law Reporter (ELI) 10311 (April, 2022) |
Inspired by the work of the Secretariat for Submissions on Environmental Enforcement Matters of the United States-Peru Trade Promotion Agreement, this Article surveys other environmental submission mechanisms in Latin America, looking at similarities and differences. Beyond the criticisms made of these processes, they have value as independent... |
2022 |
| Alicia Muir |
TRUST ISSUES: USING STATES' PUBLIC TRUST DOCTRINES TO ADVANCE ENVIRONMENTAL JUSTICE CLAIMS |
46 William and Mary Environmental Law and Policy Review 707 (Spring, 2022) |
Instances of environmental injustice are more evident now than ever before. As people are calling for societal change and social equality, it is important to include environmental justice in the conversation. When evaluating institutional sources of racism, the United States must evaluate how industrial development, environmental policies, and... |
2022 |