Jason Miranda U.S. DISTRICT COURT LETS PRO SE GAY TEACHER PURSUE HOSTILE WORK ENVIRONMENT CLAIM 2022 LGBT Law Notes 14 (November, 2022) Teachers across the U.S. consistently face a large burden in today's education system--underfunded, underpaid, and tasked with obtaining standardized test results while maintaining ever-increasing limits on permitted curriculum. One particular schoolteacher, Jared Hester, has had to deal with what appears to be an onslaught of harassment from... 2022
Rebecca Glenn UNREALIZED FEDERAL INDIAN WATER RIGHTS ON THE COLORADO RIVER: AN OPPORTUNITY FOR EQUITY AND CONSERVATION 25 University of Denver Water Law Review 287 (Spring, 2022) I. Introduction. 288 II. The Law of the River. 290 A. A Brief History. 290 B. The Drought. 292 III. Federal Indian Water Rights on the Colorado River. 294 A. A Brief History of Federal Indian Reserved Water Rights, Generally. 294 B. Federal Indian Water Rights Settlements and Adjudications on the Colorado River. 297 1. The Colorado Ute Indian Water... 2022
Travis Brammer USING LAND AND WATER CONSERVATION FUND MONEY TO PROTECT WESTERN MIGRATION CORRIDORS 22 Wyoming Law Review 61 (2022) I. Introduction. 62 II. Background. 63 A. Importance of Migration Corridors. 64 B. Threats to Migration Corridors. 71 C. The Land and Water Conservation Fund. 74 III. Migration Corridor Conservation Funding. 77 A. Existing Efforts to Protect Migration Corridors. 78 B. Need for Additional Federal Funding. 83 IV. Using LWCF Money. 84 A. LWCF Funding... 2022
Katharine Bleau VALUING NATURE IN ENVIRONMENTAL LAW 37-SUM Natural Resources & Environment 52 (Summer, 2022) Last year marked the start of the United Nations Environment Programme's (UNEP) Decade on Ecosystem Restoration. UNEP et al., Ecosystem Restoration Playbook: A Practical Guide to Healing the Planet, at 3 (2021). This call to recover nature stems largely from society's remaining tendency to value the short-term gains from environmental degradation... 2022
Michael C. Blumm , Michael Benjamin Smith WALKER LAKE AND THE PUBLIC TRUST IN NEVADA'S WATERS 40 Virginia Environmental Law Journal 1 (2022) The public expects this unique natural resource to be preserved and for all of us to always be able to marvel at this massive glittering body of water lying majestically in the midst of a dry mountainous desert. --Justice Robert Rose Walker Lake, a terminal desert lake in western Nevada's Mineral County was once home to a thriving trout fishery... 2022
Abigail R. Brown WATER JUSTICE UNDER THE BIG SKY: LOCATING A HUMAN RIGHT TO WATER IN MONTANA LAW 45 Public Land & Resources Law Review 41 (2022) I. Introduction. 42 II. Background: Water Scarcity in Montana's Communities. 44 III. Montana's Prior Appropriation Doctrine and Domestic Preference. 49 A. Prior Appropriation in Montana. 49 B. Domestic Preference: An Exception to the Rule of Priority. 52 C Montana's Legal Authority to Recognize a Domestic Preference: Reconsidering Mettler. 54 IV. A... 2022
Richard A. Monette WATER LAW IN NATIVE NATION TERRITORIES 95-OCT Wisconsin Lawyer 10 (October, 2022) Maintaining access to sufficient clean water sometimes requires resort to the legal system. Determining rights to water on Indian land is a special exercise in choice of laws, jurisdiction, and balance of competing policies and cultures. Indian water rights law is complex, meandering through federal Indian law and several relatively distinct but... 2022
Hannane Amanpour WHAT THE RECENT NEPA OVERHAUL HAS MADE ABUNDANTLY CLEAR: THE FEDERAL GOVERNMENT IS FAILING TO ADEQUATELY CONSIDER ENVIRONMENTAL JUSTICE CONCERNS 13 George Washington Journal of Energy & Environmental Law 58 (2022) This Note considers the disproportionate environmental impact of federal projects affecting minority and other poor, disadvantaged, or underserved communities, and proposes that Congress should amend the National Environmental Policy Act (NEPA) to explicitly provide for procedural requirements aimed at mitigating environmental justice concerns.... 2022
Stephen M. Johnson WHITHER THE LOFTY GOALS OF THE ENVIRONMENTAL LAWS?: CAN STATUTORY DIRECTIVES RESTORE PURPOSIVISM WHEN WE ARE ALL TEXTUALISTS NOW? 49 Pepperdine Law Review 285 (2022) Congress set ambitious goals to protect public health and the environment when it enacted the federal environmental laws through bipartisan efforts in the 1970s. For many years, the federal courts interpreted the environmental laws to carry out those enacted purposes. Over time, however, courts greatly reduced their focus on the environmental and... 2022
John A. Kolanz WHY COLORADO SHOULD EVALUATE CLEAN WATER ACT SECTION 404 PROGRAM ASSUMPTION 33 Colorado Environmental Law Journal 55 (Winter, 2022) C1-2Table of Contents Introduction. 56 I. Background. 57 II. Discussion. 59 A. Why Colorado Might Reach a Different Conclusion This Time Around. 59 1. Removal of Certain Barriers to State Section 404 Program Assumption. 59 a. The Assumable Waters Barrier. 60 b. The Endangered Species Act (ESA) Barrier. 65 c. The Program Administration Funding... 2022
Anne MacKinnon WYOMING WATER LAW GIVES STATE KEY ROLE THROUGH CHANGING TIMES 45-JUN Wyoming Lawyer 42 (June, 2022) Most people interested in water in Wyoming know the name of Elwood Mead, who as a young engineer in the 1880s wrote the core of water law promoted as a model for other states at the time. Mead adopted the common Western principle of prior appropriation, first in time, first in right, that provides that the earliest rights can get water first. But... 2022
Richard Spradlin ZONING, NATURAL RESOURCES, AND RECLAMATION: OPPORTUNITIES FOR ENVIRONMENTAL JUSTICE IN A FLOWERING INDUSTRY 23 Vermont Journal of Environmental Law 374 (Summer, 2022) Introduction. 375 I. Racialized Criminalization and Attempted Restoration. 377 A. Criminalization. 377 B. Legalization. 379 1. Canna-colonialism. 379 II. Relationship Between the Environment and Cannabis Cultivation/Production. 383 III. EJ and Cannabis: Considerations and Opportunities. 389 A. Zoning, Licensing, and Community Rebuilding. 390 B.... 2022
Magdalena Filipiuk Gonzalez A BREATH OF FRESH AIR: USING THE CLEAN AIR ACT TO ELIMINATE AIR POLLUTION HOT SPOTS 12 George Washington Journal of Energy & Environmental Law 137 (Summer, 2021) The Clean Air Act governs air quality in the United States through a coordinated effort between the Environmental Protection Agency and the states. This Note focuses on the Clean Air Act's National Ambient Air Quality Standards provisions, through which the Environmental Protection Agency regulates the nation's air by setting air quality standards... 2021
Will Breland ACRES OF DISTRUST: HEIRS PROPERTY, THE LAW'S ROLE IN SOWING SUSPICION AMONG AMERICANS AND HOW LAWYERS CAN HELP CURB Black LAND LOSS 28 Georgetown Journal on Poverty Law and Policy 377 (Spring, 2021) In the last century, Black landownership has declined by roughly 90 percent. One agricultural attorney remarked of the phenomenon, I think the threat to Black-owned land is one of the biggest social issues of our time. The passing observer might hypothesize that the hemorrhaging of Black lands occurred in the distant past because of Jim Crow laws... 2021
Charles Lee ANOTHER GAME CHANGER IN THE MAKING? LESSONS FROM STATES ADVANCING ENVIRONMENTAL JUSTICE THROUGH MAPPING AND CUMULATIVE IMPACT STRATEGIES 51 Environmental Law Reporter (ELI) 10676 (August, 2021) During the past several years, I have devoted considerable energy to laying the groundwork for advancing environmental justice (EJ) at the state level. State agencies make most of the decisions under both federal and state environmental laws, and activists and pundits alike have argued for a stronger focus on state EJ efforts. States can be robust... 2021
Margaret L. Satterthwaite ASSESSING THE RIGHTS TO WATER AND SANITATION: BETWEEN INSTITUTIONALIZATION AND RADICALIZATION 52 Georgetown Journal of International Law 315 (Winter, 2021) In the past two decades, the human rights to water and sanitation have emerged, matured, and taken their place at the center of discussions about rights, sustainable development, global health, and climate change. While there was early hope that these rights--especially the right to water--would provide a strong basis for rejecting the... 2021
Jessica Wakefield ATTAINING CRIMINAL LAW ENDS THROUGH ENVIRONMENTAL MEANS 11 Arizona Journal of Environmental Law & Policy 228 (Summer, 2021) The criminal justice system is inefficient, ineffective, and fraught with laws and policies disparately impacting people of color and low-income individuals. There is no singular solution to crime, and the current system does not go far enough. If we are to achieve the goals set out by the criminal justice system of enhancing public safety and... 2021
James R. May BENDING THE MORAL ARC TOWARD ENVIRONMENTAL JUSTICE 36-FALL Natural Resources & Environment 3 (Fall, 2021) Environmental justice (EJ) means all persons enjoy equal dignity, and environmental benefits and burdens should be fairly shared regardless of race, color, national origin, or income. Pioneered in tandem with the civil rights movement, we've been documenting the disproportionate adverse effects of environmental pollution on communities of color and... 2021
Joseph P. Tomain BRIDGING TROUBLED WATER: CLEAN ENERGY 50 YEARS AFTER THE GREENING OF AMERICA 69 University of Kansas Law Review 713 (June, 2021) 2020 marked the fiftieth anniversary of The Greening of America by Yale law professor Charles Reich and allows for its reassessment. Did Reich accurately predict the development of a new consciousness for America? Reich argued that Consciousness I (Con I) dominated late eighteenth and early nineteenth century thinking and was best seen as an... 2021
Idna G. Castellón CANCER ALLEY AND THE FIGHT AGAINST ENVIRONMENTAL RACISM 32 Villanova Environmental Law Journal 15 (2021) Cancer Alley, also known as Petrochemical America, is an area along the Mississippi River spanning from Baton Rouge to New Orleans, Louisiana. Cancer Alley houses over 150 petrochemical plants and refineries. Petrochemical companies use these plants to refine crude oil . into a variety of petrochemicals that are then used to produce... 2021
Christopher Afgani CHOOSING LIFE OVER LIBERTY AND PROPERTY: ENVIRONMENTAL JUSTICE IN A WORLD RAVAGED BY CLIMATE CHANGE 68 UCLA Law Review 786 (October, 2021) Harms to communities of color and poor communities are set to increase in light of climate change. These communities are vulnerable to climate-induced disasters largely because of historical, social and economic inequities. While this is generally true for vulnerable communities throughout the world, the scope of this Comment is limited to... 2021
Charles Lee CONFRONTING DISPROPORTIONATE IMPACTS AND SYSTEMIC RACISM IN ENVIRONMENTAL POLICY 51 Environmental Law Reporter (ELI) 10207 (March, 2021) Understanding and operationalizing the concept of disproportionate impacts are critical to the next generation of environmental justice (EJ) practice. This Article charts a pathway to better defining, articulating, and analyzing disproportionate impacts in a manner that is empirically based, analytically rigorous, and has an evidentiary link to... 2021
Maya K. van Rossum, Kacy C. Manahan CONSTITUTIONAL GREEN AMENDMENTS 36-FALL Natural Resources & Environment 27 (Fall, 2021) Imagine if you couldn't trust the water coming out of your faucets because it was tainted with dangerous levels of lead or cancer-causing chemicals. Imagine if the air quality was so poor in your neighborhood that you couldn't safely enjoy the outdoors without fear of an air pollution--induced heart attack or asthma attack. What if research showed... 2021
Melissa Mitchell (Zeid) CRUEL, UNUSUAL, AND TOXIC: THE ENVIRONMENTAL IMPLICATIONS OF MASS INCARCERATION IN THE UNITED STATES 11 Arizona Journal of Environmental Law & Policy 267 (Summer, 2021) This note examines the environmental issues associated with mass incarceration. It will first discuss mass incarceration and environmental injustices generally. Then it will assert that, due to the increased demand for prison facilities, mass incarceration led to an era of building prisons on the cheapest, easiest to obtain sites: toxic waste sites... 2021
Hannah Perls DECONSTRUCTING ENVIRONMENTAL DEREGULATION UNDER THE TRUMP ADMINISTRATION 45 Vermont Law Review 591 (Summer, 2021) Introduction. 592 I. Strategy 1: Undermine Agencies' Scientific and Expert Capacities. 593 A. Step 1: Block the Collection of Information Needed to Justify Forward-Looking Regulation. 594 B. Step 2: Undermine the Integrity of Scientific Expert Review Committees. 596 C. Step 3: Preclude EPA from Relying on Critical Public Health Studies. 602 II.... 2021
Clare Pledl ECO-ABLEISM IN THE ENVIRONMENTAL JUSTICE MOVEMENT 23 Vermont Journal of Environmental Law 1 (Fall, 2021) Introduction. 1 I. Disability is a Critical Issue in the Fight for Environmental Justice. 3 A. A Brief History of Disability. 3 B. The Disability Rights Movement. 5 C. The Significant Impacts of Climate Change on Disability. 8 II. Eco-Ableism and the Environmental Justice Movement. 12 A. Perpetuation of Ableism in the Environmental Movement. 14 B.... 2021
James M. Grijalva ENDING THE INTERMINABLE GAP IN Indian COUNTRY WATER QUALITY PROTECTION 45 Harvard Environmental Law Review 1 (2021) Tribal self-determination in modern environmental law holds the tantalizing prospect of translating indigenous environmental value judgments into legally enforceable requirements of federal regulatory programs. Congress authorized this approach three decades ago, but few tribes have sought primacy even for foundational programs like Clean Water Act... 2021
David E. Adelman , Jori Reilly-Diakun ENVIRONMENTAL CITIZEN SUITS AND THE INEQUITIES OF RACES TO THE TOP 92 University of Colorado Law Review 377 (Spring, 2021) Environmental citizen suits were founded on the belief that empowering organizations and individuals to take legal action would provide a backstop against lax federal or state programs. Working in conjunction with the system of cooperative federalism, citizen suits were designed to uphold minimum levels of environmental protection and to provide a... 2021
Terry Ann Campbell ENVIRONMENTAL CONSTITUTIONALISM: MARRYING THE DUE PROCESS CLAUSE AND THE EQUAL PROTECTION CLAUSE WITH CLIMATE CHANGE 22 Vermont Journal of Environmental Law 103 (Spring, 2021) Introduction. 104 I. Background. 107 A. The U.S. is Yet to Recognize That Climate Change is a Global Issue That has Nefarious Effects on Human and Civil Rights. 108 B. Violating the Fifth and Fourteenth Amendments is Contrary to the Rule of Law. 109 C. Climate Change Imposes an Obligation to Protect Fundamental Rights. 111 D. The Juliana III Ruling... 2021
Jacob Elkin ENVIRONMENTAL JUSTICE AND PENNSYLVANIA'S ENVIRONMENTAL RIGHTS AMENDMENT: APPLYING THE DUTY OF IMPARTIALITY TO DISCRIMINATORY SITING 11 Columbia Journal of Race and Law 195 (January, 2021) Since the 1970s, there has been a growing awareness that environmental hazards are disproportionately sited in low-income communities and communities of color. Under the label of the environmental justice movement, community groups have pursued various means to fight against the discriminatory concentration of environmental burdens in their... 2021
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