Judith Dworkin COURTS HAVE MUCH TO RESOLVE IN DETERMINING INDIAN WATER RIGHTS 36-WTR Natural Resources & Environment 39 (Winter, 2022) A sustainable water supply is critical for viable communities. In the western United States, this has meant the development of water law regimes to support the area's growing population. These regimes set objectives for obtaining and controlling limited water and diverting, storing, and delivering this vital resource. The federal government,... 2022
Bridgett Cecilia McCoy CRITICAL INFRASTRUCTURE, ENVIRONMENTAL RACISM, AND PROTEST: A CASE STUDY IN CANCER ALLEY, LOUISIANA 53 Columbia Human Rights Law Review 582 (Spring, 2022) The ability to assemble, protest, and air grievances in the public sphere of one's community is not only a cherished right but is also an essential safeguard of other rights. In the Black communities of Cancer Alley, a polluted industrial corridor in Southern Louisiana, the state's critical infrastructure law has rendered protest on or near the... 2022
Misbah Husain , Melissa K. Scanlan DISADVANTAGED COMMUNITIES, WATER JUSTICE & THE PROMISE OF THE INFRASTRUCTURE INVESTMENT AND JOBS ACT 52 Seton Hall Law Review 1513 (2022) I. Introduction. 1514 II. Water Infrastructure Need. 1515 III. Drinking Water. 1518 A. The Infrastructure Law Prioritizes Disadvantaged Communities for Funding Through the Drinking Water State Revolving Fund Program. 1518 B. The Infrastructure Law Expands Funding Opportunities to Disadvantaged Communities with Compliance Problems. 1519 IV. Clean... 2022
Mickaela J. Fouad DOWN AND DIRTY: REMEDIES AND REPARATIONS FOR INTERSECTED ENVIRONMENTAL AND REPRODUCTIVE JUSTICE 87 Brooklyn Law Review 1423 (Summer, 2022) In 2016, Flint, Michigan's water crisis captured the nation's attention and prompted widespread conversations concerning environmental racism. In the fall of 2021, claims, including a class action suit, brought by city residents culminated in a historic $626 million award. But today, even after this settlement, many Flint residents still mistrust... 2022
Chandra T. Taylor-Sawyer DUAL-PURPOSE OUTREACH TO ENHANCE PUBLIC PARTICIPATION IN ENVIRONMENTAL DECISIONMAKING 52 Environmental Law Reporter (ELI) 10629 (August, 2022) In my work at the Southern Environmental Law Center (SELC), I often face the question of how to do everything possible during the policymaking process to involve the people who are most harmed by environmental contamination. I have practiced in this area since 2006, and I have learned it helps to take a step back and make sure we are thinking about... 2022
Cate Baskin EMPOWERING WOMEN'S LAND RIGHTS AS A CLIMATE CHANGE MITIGATION STRATEGY IN NIGERIA 20 Northwestern Journal of Human Rights 217 (7-Jul-22) ABSTRACT--This article focuses on the intersection between gender and land rights as they relate to climate change in Nigeria. Decisions about land use, such as biodiversity management and farming techniques, impact the quality of the land and peoples' ability to live off it. This article will show that women are better situated to utilize... 2022
Jaclyn Lopez ENFORCEMENT OF CLEAN WATER ACT COULD CLEAN UP WATER, SAVE FLORIDA MANATEES 53 No. 4 ABA Trends 27 (March/April, 2022) Florida's water quality crisis is best told through the eyes of a Florida manatee. Florida manatees are slow-moving herbivores, roly-poly sea cows that graze on seagrasses throughout Florida's rivers, estuaries, and nearshore marine waters. But in 2021, algae-choked water caused by nutrient pollution killed hundreds of the manatees. On Florida's... 2022
Macon Bianucci, Robert Cetrino, Ciara Cooney, Lindsay Martin, Elizabeth Pianucci, Victoria Sheber, Stephanie West ENVIRONMENTAL CRIMES 59 American Criminal Law Review 719 (Summer, 2022) I. Introduction. 721 A. Criminal Versus Civil Penalties. 723 B. Criminal Enforcement. 724 C. Interaction with Other Criminal Violations. 725 II. General Issues. 726 A. Overview of the Elements of an Environmental Criminal Violation. 726 B. Liability. 726 1. Individual Liability. 726 2. Corporate Liability. 728 C. Common Defenses. 730 1.... 2022
Seema Kakade ENVIRONMENTAL ENFORCEABILITY 30 New York University Environmental Law Journal 65 (2022) There are great expectations for a resurgence in federal environmental enforcement in a Biden-led federal government. Indeed, federal environmental enforcement suffered serious blows during the Trump administration, particularly at the Environmental Protection Agency (EPA), including large cuts in the budget for enforcement and reversals of key... 2022
Jalen R. Farmer ENVIRONMENTAL INJUSTICE 22 Journal of Law in Society 132 (Winter, 2022) C1-2CONTENTS Abstract. 132 Introduction. 133 I. Background. 134 A. National Environmental Policy Act. 135 B. Environmental Protection Agency. 136 II. Analysis. 136 A. Holding the EPA Accountable. 137 B. United Church of Christ. 139 III. Case Studies. 140 A. Toxic Doughnut'. 140 B. Uniontown, Alabama. 143 C. Cancer Alley'. 145 IV. Effectuating... 2022
Daniel Bertram ENVIRONMENTAL JUSTICE "LIGHT"? TRANSNATIONAL TORT LITIGATION IN THE CORPORATE ANTHROPOCENE 23 German Law Journal 738 (June, 2022) (Received 21 June 2021; accepted 06 August 2021) Corporations are notoriously powerful actors in the current configuration of our globalized economy. Their activities play a key role in shaping a new age of ecological precarity--the Anthropocene. Much of this environmental damage occurs in cross-border settings, hampering victims' access to legal... 2022
Julia Dehm ENVIRONMENTAL JUSTICE CHALLENGES TO INTERNATIONAL ECONOMIC ORDERING 116 AJIL Unbound 101 (2022) The relationship between trade, investment, and environmental protection is complex, and environmental activists have engaged with international economic law in a wide variety of ways. Some environmental activists have sought to use trade systems as leverage to advance environmental protections aims, while others have been concerned about how... 2022
Lauren Godshall, Devin Lowell ENVIRONMENTAL JUSTICE IN JUDICIAL OPINIONS 54 No. 2 ABA Trends 16 (November/December, 2022) The legal system finds itself at a crossroads: acknowledging the significance of environmental justice and the need to properly consider it in major decisions, but without sufficient legal mechanisms or remedies. While environmental justice is increasingly in the news, in presidential pronouncements and plans, and in pleadings, plaintiffs still... 2022
Laura Cahier ENVIRONMENTAL JUSTICE IN THE UNITED NATIONS HUMAN RIGHTS SYSTEM: CHALLENGES AND OPPORTUNITIES FOR THE PROTECTION OF INDIGENOUS WOMEN'S RIGHTS AGAINST ENVIRONMENTAL VIOLENCE 13 George Washington Journal of Energy & Environmental Law 37 (2022) Throughout the world, Indigenous women have denounced the disproportionate effects of environmental destruction, natural resource extraction, land exploitation, or intensive agriculture on every aspect of their lives and integrity, especially when these activities are conducted within or close to the lands and territories that Indigenous peoples... 2022
Anthony B. Cavender, Anne Idsal Austin ENVIRONMENTAL JUSTICE: THE EVOLUTION OF A NEW FEDERAL REGULATORY PROGRAM 69-OCT Federal Lawyer 28 (September/October, 2022) *The views expressed herein are those of the authors. Environmental justice, as a policy priority of the federal government, dates back to 1994 and President Clinton's issuance of Executive Order (E.O.) 12898. This order directed federal agencies to identify and address, as appropriate, the disproportionately high and adverse human health and... 2022
Edwin C. Kisiel ENVIRONMENTAL LAW AND STRATEGIC COMPETITION: HELP OR HINDRANCE? 9 National Security Law Journal 258 (Spring, 2022) Environmental law is often thought of as a hindrance to achieving long-term strategic competition goals. Environmental law imposes regulatory requirements that can constrain military acquisition, construction, and operations, providing a disadvantage compared to competitors not bound by environmental compliance requirements. However, recent... 2022
Mark A. Chertok, Kayley R. McGrath, Kevin A. Rogers ENVIRONMENTAL LAW: DEVELOPMENTS IN THE LAW OF SEQRA 72 Syracuse Law Review 687 (2022) Introduction. 687 I. Summary Overview of SEQRA. 688 II. Caselaw Developments. 695 A. Threshold Requirements in SEQRA Litigation. 695 1. Standing. 696 A. Where Standing May Be Presumed. 697 B. Standing to Challenge Lead Agency Status. 698 C. Sufficiently Particularized Harm. 699 D. Zone of Interests. 701 2. Ripeness, Mootness & Statute of... 2022
  ENVIRONMENTAL LAW--RACE--FIFTH CIRCUIT JUDGES CAST DOUBT ON ENVIRONMENTAL JUSTICE SUITS.--ROLLERSON v. BRAZOS RIVER HARBOR NAVIGATION DISTRICT, 6 F.4TH 633 (5TH CIR. 2021) 135 Harvard Law Review 1955 (May, 2022) The path toward an environmentally just society has been long and rocky. During his first week in office, President Joe Biden signed two executive orders codifying his Administration's commitment to environmental justice (EJ). The orders join a long line of executive and administrative actions designed to push the federal government and its... 2022
Lisa Vanhala ENVIRONMENTAL LEGAL MOBILIZATION 18 Annual Review of Law and Social Science 101 (2022) legal mobilization, environment, climate change, litigation, nongovernmental organizations, NGOs The mobilization of law to address the degradation of the environment implicates a wide range of institutions, actors, and materials. This article maps developments in the study of environmental legal mobilization. It examines the different theoretical... 2022
Daniel Andrés Domínguez ENVIRONMENTAL RACISM ON TUCSON'S SOUTHSIDE: AN OVERVIEW OF THE TUCSON SUPERFUND SITE AND A CALL TO ADDRESS NEW CHEMICAL CONTAMINATION 12 Arizona Journal of Environmental Law & Policy 239 (Spring, 2022) Since the 1970s, the term environmental racism has become more commonplace in the public sphere and is largely recognized when governments and private industry aim to develop or use land for their own interests at the expense of the health and safety of the communities that reside nearby. This is a positive development in the evolution of... 2022
Dirk Hanschel , Mario G. Aguilera Bravo , Bayar Dashpurev , Abduletif Kedir Idris ENVIRONMENTAL RIGHTS BETWEEN CONSTITUTIONAL LAW AND LOCAL CONTEXT: REFLECTIONS ON A MOVING TARGET 23 German Law Journal 1012 (September, 2022) (Received 31 August 2022; accepted 31 August 2022) Environmental rights such as the right to a sound environment and rights of nature, while playing an increasingly important role in global environmental governance and protection, frequently do not correspond to articulations of fundamental experiences of injustice by communities particularly... 2022
Jaclyn Lopez EPA'S OPPORTUNITY TO REVERSE THE FERTILIZER INDUSTRY'S ENVIRONMENTAL INJUSTICES 52 Environmental Law Reporter (ELI) 10125 (February, 2022) Seventy phosphogypsum stacks are scattered throughout the United States, concentrated in low-wealth and Black, indigenous, and people of color communities. These radioactive waste heaps have a long history of failures, and present a substantial hazard and unreasonable risk of harm. The U.S. Environmental Protection Agency (EPA) should swiftly move... 2022
Maxwell Nettler EQUITY THROUGH EFFICIENCY: RETHINKING SUPERFUND POLICY IN LIGHT OF TORT LAW-PROVOKED ENVIRONMENTAL RACISM 30 New York University Environmental Law Journal 267 (2022) Introduction. 267 I. The Cleanup Stage. 271 A. Structure of CERCLA. 271 B. EPA's Risk Assessment Methodology. 275 C. Inefficiencies in EPA's Methodology. 278 D. An Issue of Environmental Justice. 282 II. The Siting Stage. 283 A. Tort Law and Perverse Incentives. 283 B. Empirical Evidence. 286 C. Case Studies. 289 1. Dickson County. 289 2. Warren... 2022
João Figueiredo, Nova Law School, Nova University of Lisbon ESCLAVOS Y TIERRAS ENTRE POSESIÓN Y TÍTULOS LA CONSTRUCCIÓN SOCIAL DEL DERECHO DE PROPIEDAD EN BRASIL (SIGLO XIX) [SLAVES AND LANDS FROM POSSESSION TO TITLE-OWNING. THE SOCIAL CONSTRUCTION OF PROPERTY LAWS IN BRAZIL (19TH CENTURY)], MARIANA ARMOND DIAS PA 45 PoLAR: Political and Legal Anthropology Review 1 (November, 2022) Esclavos y tierras entre posesión y títulos is a ground-breaking historical account of the early development of liberal property laws in Brazil. In this stimulating volume, Mariana Armond Dias Paes uses data collected from 74 randomly sampled legal proceedings of the Court of Appeals of Rio de Janeiro to ground a bottom-up interpretation of legal... 2022
Monica K. Mahal EXPANDING ENVIRONMENTAL HUMAN RIGHTS BEYOND WESTERN LEGAL ETHICS: AN ANALYSIS OF INDIA'S ENVIRONMENTAL JURISPRUDENCE 31 Southern California Interdisciplinary Law Journal 539 (Spring, 2022) The Universal Declaration of Human Rights (UDHR) of 1948 is one of the most formative statements of ethics and serves as a guideline for international human rights, including the right to a healthy environment. The UDHR carries unparalleled influence, as evidenced by its translation into 360 languages--making it the most translated document in... 2022
Kevin K. Washburn FACILITATING TRIBAL CO-MANAGEMENT OF FEDERAL PUBLIC LANDS 2022 Wisconsin Law Review 263 (2022) Each year Native American tribal nations enter hundreds of federal contracts worth billions of dollars to run federal Indian programs. By substituting tribal governments for federal agencies, these self-determination contracts have been enormously successful in improving the effective delivery of federal programs on Indian reservations. Tribal... 2022
Melissa K. Scanlan , Misbah Husain FEDERAL FUNDING AND WISCONSIN'S WATER INFRASTRUCTURE 95-DEC Wisconsin Lawyer 8 (December, 2022) People throughout the United States increasingly are at risk for diminished drinking water quality, extreme flooding, property damage, and more. In Wisconsin, as in other states, these negative consequences are unequally distributed, with low-income and minority communities disproportionately affected by such harms. Among efforts to protect the... 2022
Michael C. Blumm, Kacey J. Hovden, Gregory A. Allen FEDERAL GRAZING LANDS AS "CONSERVATION LANDS" IN THE 30 BY 30 PROGRAM 52 Environmental Law Reporter (ELI) 10279 (April, 2022) On January 28, 2021, President Joseph Biden issued Executive Order No. 14008 initiating the 30 by 30 program to conserve 30% of the nation's lands and waters by 2030. The Administration proceeded to produce the America the Beautiful report in May 2021, which laid out some principles for the conservation effort but did little to clarify the... 2022
Zachary R.M. Outzen FOREWORD TO ENVIRONMENTAL JUSTICE IN AMERICA: WHERE WE HAVE BEEN & CAN GO 46 William and Mary Environmental Law and Policy Review 597 (Spring, 2022) In 1978, the Reverend Willie Hunter, a minister in Houston, Texas, approached an attorney named Linda McKeever Bullard. Bullard had recently left her position as a professor at the Thurgood Marshall School of Law to open her own private practice. Rev. Hunter had approached her on behalf of community members in Northwood Manor, a historically Black... 2022
Sara A. Colangelo FORGING COMPLETE JUSTICE: EQUITABLE RELIEF IN ENVIRONMENTAL ENFORCEMENT 46 Harvard Environmental Law Review 315 (2022) Fifty years after the rise of modern environmental law and its robust enforcement regime, there persists a disproportionate distribution of environmental burdens in the United States. Many underserved communities suffer from legacy pollution, siting of undesirable land uses, failing infrastructure, and attendant epidemiological and ecological... 2022
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