| Author | Title | Citation | Summary | Year |
| Stephen Kim Park , Norman D. Bishara |
CLIMATE CHANGE AND A JUST TRANSITION TO THE FUTURE OF WORK |
60 American Business Law Journal 701 (Winter 2023) |
Rapidly growing concerns about the adverse effects of climate change are prompting a re-thinking of how companies view their strategies and operations and spurring legal and regulatory responses around the world. The overarching objective of these efforts is to facilitate and accelerate the transition to a more sustainable economy. The green... |
2023 |
| Geoff Strommer |
CLIMATE CHANGE IS FORCING INDIGENOUS COMMUNITIES TO RELOCATE WITH LITTLE ASSISTANCE FROM THE FEDERAL GOVERNMENT--BUT CONGRESS CAN MAKE IT EASIER? |
70-SPG Federal Lawyer 17 (Spring, 2023) |
As climate change becomes more and more of a reality for our planet, some of the most impacted communities are America's indigenous people. Tribal Nations (including Alaska Native villages) throughout the United States are experiencing climate threats such as flooding, erosion, permafrost degradation, ocean acidification, increased wildfires,... |
2023 |
| Benoit Mayer |
CLIMATE CHANGE MITIGATION AS AN OBLIGATION UNDER CUSTOMARY INTERNATIONAL LAW |
48 Yale Journal of International Law 105 (Spring, 2023) |
Climate treaties impose few substantive obligations with respect to climate change mitigation. This Article explores customary international law as an alternative source of such obligations. Such a task faces considerable methodological difficulties due to the tension between ascending and descending reasoning in the identification of customary... |
2023 |
| Mostafa Mahmud Naser , Hossain Mohammad Reza |
CLIMATE CHANGE, HUMAN MOBILITY, AND CLIMATE FINANCE: POTENTIAL LINKAGES AND CHALLENGES |
38 Journal of Environmental Law & Litigation 139 (2023) |
Abstract. 139 Introduction. 140 I. The Necessity of Funding for the Protection of Climate-Related Migration, Displacement, and Planned Relocation. 144 II. Potential Sources of Funding for Managing Climate-Related Migration, Displacement, and Planned Relocation. 148 A. Existing International Climate Change Finance Architecture. 150 1. Global... |
2023 |
| Blake Hite |
CLIMATE CHANGE, THE WILLOW PROJECT, AND U.S. SECURITY: A MAELSTROM OF UNREADINESS |
9/11/2023 Georgetown Environmental Law Review Online 1 (9/11/2023) |
Oil rigs operate in the ocean surrounded by floating sea ice (Creative Commons | Bureau of Safety and Environmental Enforcement) Oil has long been a key factor in U.S. national security considerations. In this article, author Blake Hite argues the combination of climate change and oil extraction in the Arctic poses unique national security concerns... |
2023 |
| Nadia B. Ahmad , Victoria Beatty |
CLIMATE CHAUVINISM: RETHINKING LOSS & DAMAGE |
29 Southwestern Journal of International Law 238 (2023) |
Introduction: Lift Me Up. 239 I. Drowning in an Endless Sea. 240 A. Hurricanes. 241 B. Sea Level Rise. 242 II. Keep me Safe--Safe and Sound. 243 A. Nadia's personal account. 245 B. Victoria's personal account. 246 C. White Privilege. 247 III. Hold Me Down. 250 A. Cancer Alley. 250 B. Loss & Damage. 252 Conclusion.. 255 |
2023 |
| Duane Rudolph |
CLIMATE DISCRIMINATION |
72 Catholic University Law Review 1 (Winter, 2023) |
This Article focuses on the coming legal plight of workers in the United States, who will likely face discrimination as they search for work outside their home states. The Article takes for granted that climate change will have forced those workers across state and international boundaries, a reality dramatically witnessed in the United States... |
2023 |
| Paolo Davide Farah , Alessio Lo Giudice |
CLIMATE JUSTICE IN THE ANTHROPOCENE AND ITS RELATIONSHIP WITH SCIENCE AND TECHNOLOGY: THE IMPORTANCE OF ETHICS OF RESPONSIBILITY |
55 Connecticut Law Review 819 (June, 2023) |
Climate change is a global phenomenon. Therefore, globalization is the necessary hermeneutical horizon to develop an analysis of the metamorphosis climate change could cause at a political, social, and economic level. Within this horizon, this Article shows how the relationship between the concept of the Anthropocene epoch and the request for... |
2023 |
| Ling Chen |
CLIMATE LAW EDUCATION AND ITS PLACE IN CANADIAN LAW SCHOOLS |
53 Environmental Law 1 (Winter, 2023) |
Canadian law schools have approached climate law through diverse legal curricula. The increased diversity of their course contents and pedagogies showcases not only the range of knowledge, skillset, and attentiveness fostered in classrooms but also the experimental and inconsistent character of climate law teaching. This Article explores what... |
2023 |
| Chief Judge Manuel I. Arrieta |
CLIMATE LITIGATION: THE FUTURE IS NOW |
63 Natural Resources Journal 139 (Winter, 2023) |
About a year ago, I received an email from New Mexico Supreme Court Justice Michael Vigil: The National Judicial College was seeking applicants from all fifty states to select one judge from each state for its Judicial Leaders in Climate Science program. This is a program funded and organized by the National Environmental Institute headquartered in... |
2023 |
| Camila Bustos , Bruni Pizarro , Tabitha Sookdeo |
CLIMATE MIGRATION AND DISPLACEMENT: A CASE STUDY OF PUERTO RICAN WOMEN IN CONNECTICUT |
55 Connecticut Law Review 781 (June, 2023) |
The climate crisis is increasingly forcing people to flee their homes, whether internally or across state borders. However, existing international and domestic law does not provide sufficient protection for those forcibly displaced by extreme weather events. In 2021, the Biden administration issued an executive order and subsequently a report on... |
2023 |
| Rafael Leal-Arcas , Luis Ulloa Martinez , Victory Abang , Krishma Kapur , Saffron Greenwood , Konstantinos Chatzopoulos , Archana Nair , Lisa Schoettmer |
CLIMATE NEUTRALITY AND SUSTAINABILITY IN INTERNATIONAL TRADE |
44 University of Pennsylvania Journal of International Law 619 (Spring, 2023) |
This Article explores the links between climate neutrality and sustainability in the context of international trade. For that, it tackles seven main concerns: First, what do industry leaders now need from policymakers to make them the frontrunners in the global transition to climate neutrality? Second, what coalitions are necessary to build and who... |
2023 |
| Mark Nevitt |
CLIMATE SECURITY INSIGHTS FROM THE COVID-19 RESPONSE |
98 Indiana Law Journal 815 (Spring, 2023) |
The climate change crisis and COVID-19 crisis are both complex collective action problems. Neither the coronavirus nor greenhouse gas (GHG) emissions respect political borders. Both impose an opportunity cost that penalizes inaction. They are also increasingly understood as nontraditional, novel security threats. Indeed, COVID-19's human cost is... |
2023 |
| Madison Condon |
CLIMATE SERVICES: THE BUSINESS OF PHYSICAL RISK |
55 Arizona State Law Journal 147 (Spring, 2023) |
A growing number of investors, insurers, financial services providers, and nonprofits rely on information about localized physical climate risks, like floods, hurricanes, and wildfires. The outcomes of these risk projections have significant consequences in the economy, including allocating investment capital, impacting housing prices and... |
2023 |
| Todd Aagaard |
CLIMATE, CONTROVERSY, AND COURTS |
96 Southern California Law Review Postscript 78 (2023) |
The Supreme Court's 2022 decision in West Virginia v. EPA, along with other recent cases in which federal courts have grappled with the ongoing climate crisis, offers an opportunity to assess the role of the judiciary in helping the United States adopt effective responses to monumental threats such as the climate crisis. Courts reviewing... |
2023 |
| Shams Al-Hajjaji |
COASTAL STATE vs. FLAG STATE: COUNTRIES' MITIGATION OF ENVIRONMENTAL HARM FROM SCRUBBERS? |
47 Tulane Maritime Law Journal 185 (Spring, 2023) |
This research argues that countries should adopt unified regulations regarding the release of the wash water from the Exhaust Gas Cleaning Systems in their port, territorial, and Exclusive Economic Zone (EEZ). Ships use scrubbers to decrease their greenhouse gases emission in order to comply with the International Maritime Organization sulphur... |
2023 |
| Patricia E. Salkin |
COMMENTARY: DAN MANDELKER--A LAND-USE LEGACY UNLIKE ANY OTHER |
52 Urban Lawyer 273 (November, 2023) |
It is an honor to share thoughts about the importance of Professor Daniel Mandelker's legacy to the field of land-use and zoning law. The word legacy means, among other things, something that is part of your history or that remains from an earlier time. At ninety-two, he was the longest actively teaching land use law professor in the United... |
2023 |
| Kevin Frazier |
CORNER CROSSING: UNLOCKING PUBLIC LANDS OR INVADING THE AIRSPACE OF LANDOWNERS? |
46 Public Land & Resources Law Review 91 (2023) |
I. INTRODUCTION. 92 II. CORNER-LOCKED LANDS EMERGED FROM A QUIRK OF HISTORY AND OVEREXPANSION OF TRESPASS LAW. 92 A. The history of the land grant system and its creation of corner-locked lands. 93 B. The evolution of trespass laws reveals an inadequate balance between protecting private interests and recognizing public needs. 97 III. CORNER... |
2023 |
| Erin Shields |
COUNTERING EPISTEMIC INJUSTICE IN THE LAW: CENTERING AN INDIGENOUS RELATIONSHIP TO LAND |
70 UCLA Law Review 206 (June, 2023) |
This paper argues that Indigenous peoples in the United States and Canada are subject to epistemic injustice in the law, particularly with regard to many Indigenous groups' worldviews and relationship to land. Many Indigenous cultures share a sacred connection to the traditional homelands they lived on and with, sometimes for thousands of years... |
2023 |
| Kelly Pisimisi |
CRIMINALIZING ENVIRONMENTAL DEGRADATION AND DEVASTATION: NEW PROSPECTS FOR THE ICC ROME STATUTE? |
38 American University International Law Review 419 (2023) |
INTRODUCTION. 420 I. FROM AN ECO-CENTRIC TO A HUMAN RIGHTSBASED APPROACH. 423 II. IN SEARCH OF A DEFINITION: THE (RE)APPEARANCE OF ECOCIDE IN INTERNATIONAL LAW. 432 III. THE CHALLENGES LURKING THE PROPOSED INTERNATIONAL CRIME OF ECOCIDE. 440 A. A Hybrid International Crime: Studying Its Actus Reus. 441 B. Mens Rea and the Challenge of... |
2023 |
| Paco Mengual |
DETERMINING AN EFFECTIVE REGULATORY FRAMEWORK FOR BUSINESSES TO REPORT ON THE ENVIRONMENT, CLIMATE, AND HUMAN RIGHTS |
35 Pace International Law Review 224 (Spring, 2023) |
The objective of this article is to identify the existing dynamics and clarify the reasoning behind reporting on environmental, climate, and human rights information in search of effective and binding frameworks to enhance transparency. To that effect, this article relates the evolution from a corporate sustainable business focus to reporting on... |
2023 |
| Tracy Hester |
ECOWORSHIP AND FEDERAL ENVIRONMENTAL LAW |
48 Columbia Journal of Environmental Law 1 (2023) |
As the growing land stewardship movement has joined with rising evangelical environmentalism, religious worship has intersected with ecological protection to spark the rise of a new variety of ecoworship. Given the U.S. Supreme Court's recent willingness to expand constitutional protections for religious exercise and trim bulwarks against... |
2023 |
| Steven M. Siros, Tatjana “Tanja” Vujic, Arie Feltman-Frank, Daniel Robertson |
EMBRACING ENVIRONMENTAL JUSTICE INITIATIVES TO ADVANCE CORPORATE OBJECTIVES |
39 No. 5 Practical Real Estate Lawyer 3 (9/1/2023) |
Earth Week 2023 brought with it two significant environmental justice developments. The week began with New Jersey Governor Phil Murphy announcing the adoption of regulations aimed at reducing pollution in historically overburdened communities and those disproportionately impacted by health and environmental stressors. President Biden then capped... |
2023 |
| Zachary D. Berryman |
ENERGY RESILIENCE: DECENTRALIZING ENERGY INFRASTRUCTURE TO COMBAT THE EFFECTS OF THE CLIMATE CRISIS ON LOUISIANA |
69 Loyola Law Review 511 (Spring, 2023) |
After Hurricane Katrina ravaged the Louisiana coast in 2005, residents were hung out to dry and left in the dark for forty days. In 2020, Hurricane Laura left much of southwest Louisiana in the dark for three weeks. Then in 2022, over one million people in southeast Louisiana lost power following Hurricane Ida, the majority of whom had their power... |
2023 |
| Emily Brennan |
ENVIRONMENTAL (IN)JUSTICE: EVALUATING THE FACTORS THAT LED TO THE JACKSON WATER CRISIS & PROPOSING A SOLUTION FOR ENVIRONMENTAL JUSTICE IN MISSISSIPPI |
41 Mississippi College Law Review 244 (2023) |
C1-2Table of Contents I. Introduction. 244 II. Background. 247 A. The Origins of the EJ Movement in the U.S. 247 B. Introductory Studies and Literature on EJ. 249 C. Presidential Action and Commitment to Protection. 251 III. Current Pathways Available for EJ Claims. 254 A. EJ Litigation. 254 B. Federal Agencies and Offices Addressing EJ. 256 C.... |
2023 |
| Bronson J. Pace , Barbara A. Cosens |
ENVIRONMENTAL ASSESSMENT IN A TIME OF RAPID CHANGE AND HIGH UNCERTAINTY: THE ADDITION OF RESILIENCE ASSESSMENT TO NEPA |
47 William and Mary Environmental Law and Policy Review 317 (Winter, 2023) |
Professor James Hansen, former head of NASA's Goddard Institute for Space Studies and professor at Columbia University's Earth Institute, formed an international team of scientists to research the connection among atmospheric CO2 concentrations and global temperature and set out to provide model projections based on that research. The Hansen team... |
2023 |
| Isabel Wigley, Justin Bennett, Nicholas Endo, Raul Paez, Michael Poletti, Catherine Sherman, Megan Shubert |
ENVIRONMENTAL CRIMES |
60 American Criminal Law Review 715 (Summer, 2023) |
I. Introduction. 717 A. Criminal Versus Civil Penalties. 719 B. Criminal Enforcement. 719 C. Interaction with Other Criminal Violations. 720 II. General Issues. 721 A. Overview of the Elements of an Environmental Criminal Violation. 721 B. Liability. 721 1. Individual Liability. 721 2. Corporate Liability. 723 C. Common Defenses. 724 1.... |
2023 |
| Joe Udell |
ENVIRONMENTAL DESTRUCTION AND HUMAN RIGHTS ABUSES IN THE DEMOCRATIC REPUBLIC OF THE CONGO: EXAMINING THE EPICENTER OF THE COBALT MINING INDUSTRY FROM AN INTERNATIONAL CRIMINAL LAW PERSPECTIVE |
32 Minnesota Journal of International Law 195 (Spring, 2023) |
Satisfying the world's growing demand for cobalt, which is used in a broad range of medical, military, technology, and renewable energy industries, comes at an incredible environmental and human cost, from the pollution of rivers and farmlands to the exploitation of thousands of laborers. Currently, the bulk of attention paid to the nexus between... |
2023 |
| Seema Kakade |
ENVIRONMENTAL EVIDENCE |
94 University of Colorado Law Review 757 (Summer, 2023) |
The voices of impacted people are some of the most important when trying to make improvements to social justice in a variety of contexts, including criminal policing, housing, and health care. After all, the people with on-the-ground experience know what is likely to truly effectuate change in their community, and what is not. Yet, such lived... |
2023 |
| Matthew Snyder |
ENVIRONMENTAL JUSTICE AND PUBLIC COMPANY DISCLOSURES: MANDATORY REPORTING FOR POLLUTING FACILITIES LOCATED IN MINORITY AND LOW-INCOME COMMUNITIES |
100 University of Detroit Mercy Law Review 373 (Winter, 2023) |
Climate change is the existential threat of our lifetime. Sea levels, global temperatures, and catastrophic weather events are all on the rise. Global warming and its inherent dangers pose risks to individual health, physical safety, and property. Climate change also has significant financial impacts on the United States' economy, costing around... |
2023 |