| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Luke W. Cole |
ENVIRONMENTAL JUSTICE AND THE THREE GREAT MYTHS OF WHITE AMERICANA |
14 Hastings West-Northwest Journal of Environmental Law, Policy 573 (Winter 2008) |
In the environmental justice movement we face many hurdles, some of our own making. In this essay, I want to focus on some of those hurdles, which I call the three great myths of white Americana, and how they play out in the environmental justice context. All of us who are advocates for environmental justice will encounter these myths in one form... |
2008 |
Yes |
| Robert W. Collin |
ENVIRONMENTAL JUSTICE IN OREGON: IT'S THE LAW |
38 Environmental Law 413 (Spring 2008) |
As states have grappled with new policy approaches and processes to begin resolution of environmental injustices, the issues, approaches, and observations from the first of state level environmental justice task forces and commissions can inform all stakeholders of their efficacy. These new Environmental justice processes may also develop... |
2008 |
Yes |
| Catherine A. O'Neill |
ENVIRONMENTAL JUSTICE IN THE TRIBAL CONTEXT: A MADNESS TO EPA'S METHOD |
38 Environmental Law 495 (Spring 2008) |
Many American Indian tribes and their members are among those most burdened by mercury contamination. When the Environmental Protection Agency (EPA) set out to regulate mercury emissions from coal-fired utilities, it was aware that mercury contamination and regulation affects tribal rights and resources. EPA's inquiry, therefore ought to have been... |
2008 |
Yes |
| Marguerite L. Spencer |
ENVIRONMENTAL RACISM AND BLACK THEOLOGY: JAMES H. CONE INSTRUCTS US ON WHITENESS |
5 University of Saint Thomas Law Journal 288 (Winter 2008) |
I. Introduction. 288 II. Context. 290 A. Environmental racism. 290 B. The Environmental justice Movement. 293 C. Governmental Responses. 295 III. James H. Cone and Whiteness. 297 A. Black Theology. 297 B. White Theology. 299 C. The White Problem. 301 D. White American Structures. 302 IV. Toward an Ecological Ethic of True Reconciliation. 303 A.... |
2008 |
Yes |
| Daria E. Neal |
HEALTHY SCHOOLS: A MAJOR FRONT IN THE FIGHT FOR ENVIRONMENTAL JUSTICE |
38 Environmental Law 473 (Spring 2008) |
Systemic housing discrimination has resulted in the creation of predominately African American communities located in the most environmentally toxic locations. Many African American communities are in areas zoned for mixed residential/industrial/commercial use, while predominately white communities tend to be zoned strictly for residential use. The... |
2008 |
Yes |
| Lisa Widawsky |
IN MY BACKYARD: HOW ENABLING HAZARDOUS WASTE TRADE TO DEVELOPING NATIONS CAN IMPROVE THE BASEL CONVENTION'S ABILITY TO ACHIEVE ENVIRONMENTAL JUSTICE |
38 Environmental Law 577 (Spring 2008) |
The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel Convention) was adopted in 1989 in part to respond to growing international concern over the disproportionate environmental burdens borne by developing nations from trade in hazardous wastes. Espousing a system in which transboundary... |
2008 |
Yes |
| Oni N. Harton |
INDIANA'S BROWNFIELDS INITIATIVES: A VEHICLE FOR PURSUING ENVIRONMENTAL JUSTICE OR JUST BLOWING SMOKE? |
41 Indiana Law Review 215 (2008) |
Dilapidated warehouses, unused gas stations, inactive factories, and other abandoned commercial and industrial properties litter the landscape in many older industrial regions throughout the United States. These sites drive down property values and contribute to community blight, while generating little or no tax revenue. Consider one such... |
2008 |
Yes |
| Maxine Burkett |
JUST SOLUTIONS TO CLIMATE CHANGE: A CLIMATE JUSTICE PROPOSAL FOR A DOMESTIC CLEAN DEVELOPMENT MECHANISM |
56 Buffalo Law Review 169 (April, 2008) |
Introduction. 170 I. Climate Change, Race, and Class. 173 A. Climate Change--Science and Impacts. 173 B. Environmental justice Communities and Climate Change. 176 II. The Climate Justice Framework. 188 A. The Environmental justice Framework. 189 B. Climate Justice, Climate Change Ethics, and the United States. 192 III. The Case for a Modified CDM.... |
2008 |
Yes |
| Robert R.M. Verchick |
KATRINA, FEMINISM, AND ENVIRONMENTAL JUSTICE |
13 Cardozo Journal of Law & Gender 791 (Spring 2008) |
Almost three years after Katrina and the flooding of New Orleans, we are still struggling to assess the damage. There are so many ways to conceptualize the disaster; but all fall short. In terms of demand on the U.S. treasury, recovery from the storm and flood may cost an eye-popping $200 billion, making Katrina far-and-away the most expensive... |
2008 |
Yes |
| Richard T. Drury |
MOVING A MOUNTAIN: THE STRUGGLE FOR ENVIRONMENTAL JUSTICE IN SOUTHEAST LOS ANGELES |
38 Environmental Law Reporter News & Analysis 10338 (May, 2008) |
Editors' Summary: Environmental protection frequently requires creative legal strategies, and operating solely through the court system is not always the most effective means for protecting the environment and public health. In this Article, Richard T. Drury offers a case study of a public nuisance suit against a concrete-crushing facility in... |
2008 |
Yes |
| David M. Ostergren |
POWER, JUSTICE, AND THE ENVIRONMENT: A CRITICAL APPRAISAL OF THE ENVIRONMENTAL JUSTICE MOVEMENT. EDITED BY DAVID N. PELLOW & ROBERT J. BRULLE. CAMBRIDGE MA, THE MIT PRESS, 2005. PP. 349. $62.00 CLOTH; $27.00 PAPERBACK. |
48 Natural Resources Journal 219 (Winter, 2008) |
This text is an excellent critical assessment of the Environmental justice (EJ) movement. The authors and editors provide timely insights on where the EJ movement stands and take the first steps to promote dialogue on change and improvement. The authors encourage organizations, researchers, and institutions to focus their efforts, clearly define... |
2008 |
Yes |
| Jonathan K. London , Julie Sze , Raoul S. Liévanos |
PROBLEMS, PROMISE, PROGRESS, AND PERILS: CRITICAL REFLECTIONS ON ENVIRONMENTAL JUSTICE POLICY IMPLEMENTATION IN CALIFORNIA |
26 UCLA Journal of Environmental Law & Policy 255 (2008) |
I. introduction. 256 II. environmental justice movement in california: problems and public policy. 259 A. Defining the Problem. 259 B. State Legislation and Regulatory Agencies. 262 III. from promise to progress. 265 A. Developing the Cal/EPA Environmental justice Action Plan. 265 B. Implementing the Action Plan: Pilot Projects and Small Grants.... |
2008 |
Yes |
| Gregory Baker |
REDISCOVERING THERAPEUTIC JURISPRUDENCE IN OVERLOOKED AREAS OF THE LAW--HOW EXPOSING ITS PRESENCE IN THE ENVIRONMENTAL JUSTICE MOVEMENT CAN LEGITIMIZE THE PARADIGM AND MAKE THE CASE FOR ITS INCLUSION INTO ALL ASPECTS OF LEGAL EDUCATION AND THE PRACTICE OF |
9 Florida Coastal Law Review 215 (Winter 2008) |
Therapeutic Jurisprudence (TJ) is a movement embodying the legal community's response to concerns that the legal profession is plagued by a culture of argument and critique that has rendered it unresponsive to society's needs. Symptoms of this culture of argument are clear in rampant attorney dissatisfaction, client unhappiness, and a constant... |
2008 |
Yes |
| Margaret Egan |
THE ENVIRONMENTAL JUSTICE ACT: SAME PROBLEMS WITH NO SOLUTION? |
13 Public Interest Law Reporter 75 (Winter 2008) |
Environmentalism is a political and rhetorical trend at the moment, but little has been said about the most environmentally vulnerable areas; particularly low income, minority and urban neighborhoods. Grassroots organizations and environmental justice advocates have long been fighting for these communities. For example, the Little Village... |
2008 |
Yes |
| JoAnne L. Dunec |
THE LAW OF ENVIRONMENTAL JUSTICE: THEORIES AND PROCEDURES TO ADDRESS DISPROPORTIONATE RISKS MICHAEL B. GERRARD AND SHEILA R. FOSTER, EDS. AMERICAN BAR ASSOCIATION, SECTION OF ENVIRONMENT, ENERGY AND RESOURCES, 2008, SECOND EDITION |
23-SUM Natural Resources & Environment 52 (Summer, 2008) |
Concepts of environmental justice arose concurrently with the environmental movement in the late 1960s, which was inspired in part by the civil rights movement. There was growing recognition that underprivileged populations were not only exposed to social inequities, but were also disproportionately affected by hazardous environmental conditions.... |
2008 |
Yes |
| Jeffrey Smith McLeod |
UNMASKING THE PROCESSES AND JUSTIFICATIONS THAT LEAD TO ENVIRONMENTAL RACISM: A CRITIQUE OF JUDICIAL DECISION-MAKING, POLITICAL AND PUBLIC AMBIVALENCE, AND THE DISPROPORTIONATE PLACEMENT OF ENVIRONMENTAL AND LAND USE BURDENS IN COMMUNITIES OF COLOR |
15 Virginia Journal of Social Policy and the Law 545 (Spring 2008) |
Introduction. 545 I. Environmental racism on Trial. 551 A. R.I.S.E., Inc. v. Kay. 553 B. Bean v. Southwestern Waste Management Corporation. 553 C. East Bibb Twiggs Neighborhood Ass'n v. Macon-Bibb County Planning & Zoning Commission. 554 II. Justifying Inaction. 554 III. Applying the Lens of Critical Race Theory. 557 A. Reevaluating Judicial... |
2008 |
Yes |
| Melissa O'Connor |
A FAILURE TO PROTECT: AFTER 13 YEARS ENVIRONMENTAL JUSTICE NEVER MATERIALIZES |
35 Southern University Law Review 119 (Fall, 2007) |
I. Introduction II. Review of Tools Used A. NEPA B. NHPA C. Title VI D. Title VI Coupled with Common Law Nuisance III. Looking Back - Lessons Learned IV. Conclusion - Moving Forward |
2007 |
Yes |
| Meagan Elizabeth Tolentino Garland |
ADDRESSING ENVIRONMENTAL JUSTICE IN CRIMINAL SENTENCING PROCESS: ARE ENVIRONMENTAL JUSTICE COMMUNITIES "VULNERABLE VICTIMS" UNDER 3A1.1(B)(1) OF THE FEDERAL SENTENCING GUIDELINES IN THE POST UNITED STATES V. BOOKER ERA? |
12 Albany Law Environmental Outlook Journal 1 (2007) |
Introduction. 3 I. Overview of United States v. Booker and its Implications for Environmental justice. 4 II. The Emergence of the Environmental justice Movement. 9 III. Environmental racism: The Civil Rights Paradigm. 15 A. The Origins of and Legal Strategies Employed in the Civil Rights Paradigm. 15 B. The Need to Break from the Civil Rights... |
2007 |
Yes |
| Catherine E. Beideman |
EMINENT DOMAIN AND ENVIRONMENTAL JUSTICE: A NEW STANDARD OF REVIEW IN DISCRIMINATION CASES |
34 Boston College Environmental Affairs Law Review 273 (2007) |
Abstract: Government takings of private land for public purposes are permitted by the United States Constitution. Recently, more takings have occurred that largely benefit private individuals rather than the general public. The land taken for private benefit has primarily been that of low-income and minority individuals. Similarly, toxic waste... |
2007 |
Yes |
| Laura Kent-Monning |
ENDLESS EXEMPTIONS: AN ENVIRONMENTAL JUSTICE CRITIQUE OF THE ONGOING USE OF METHYL BROMIDE |
1 Golden Gate University Environmental Law Journal 175 (Summer 2007) |
I. Introduction II. Background A. Methyl Bromide B. The Montreal Protocol C. The Clean Air Act D. The Executive Order on Environmental justice III. A Critique of Critical Use Exemptions A. Critical Use Exemptions Violate the Executive Order on Environmental justice i. Executive Order Focuses on Minority Communities, Health, and the Environment I.... |
2007 |
Yes |
| Sierra M. Jefferies |
ENVIRONMENTAL JUSTICE AND THE SKULL VALLEY GOSHUTE INDIANS' PROPOSAL TO STORE NUCLEAR WASTE |
27 Journal of Land, Resources, and Environmental Law 409 (2007) |
This Note considers the application of various understandings of environmental justice to the recent defeat of the Skull Valley Goshutes' proposal to store high level nuclear waste on their reservation. Although opponents of the proposal framed the issue as a case of environmental racism inflicted on a poor tribe, first by the federal government... |
2007 |
Yes |
| Dollie Burwell , Luke W. Cole |
ENVIRONMENTAL JUSTICE COMES FULL CIRCLE: WARREN COUNTY BEFORE AND AFTER |
1 Golden Gate University Environmental Law Journal 9 (Summer 2007) |
I. Warren County, Past and Present II. The PCB Spill and Proposed Cleanup, 1978-1982 A. Community Reaction, 1978-1979 B. The State Chooses Warren County, 1978-1979 C. Local Opposition Escalates, 1979-1981 D. The Legal Approach Fails, 1982 III. The Waste Comes to Warren County, 1982 A. A Community Defends Itself, September-October 1982 B. Political... |
2007 |
Yes |
| Melody Kapilialoha MacKenzie, Susan K. Serrano, Koalani Laura Kaulukukui |
ENVIRONMENTAL JUSTICE FOR INDIGENOUS HAWAIIANS: RECLAIMING LAND AND RESOURCES |
21-WTR Natural Resources & Environment 37 (Winter, 2007) |
Hnau ka 'ina, hnau ke ali'i, hnau ke kanaka. Born was the land, born were the chiefs, born were the common people. Mary Kawena Pukui, lelo No'eau, Hawaiian Proverbs & Poetical Sayings 56 (1983). So begins an ancient proverb that describes the inseparable spiritualand genealogicalconnection between Native Hawaiians and their land and... |
2007 |
Yes |
| Benjamin Rajotte |
ENVIRONMENTAL JUSTICE IN NEW ORLEANS: A NEW LEASE ON LIFE FOR TITLE VIII? |
21 Tulane Environmental Law Journal 51 (Winter 2007) |
I. Introduction. 51 II. Disparate Impacts in the Reconstruction of New Orleans. 53 III. Applying Title VIII to the Reconstruction. 60 A. Title VIII's Main Features. 60 B. Potential § 3604(b) Claim. 60 1. In Connection with the Sale or Rental of Housing. 64 2. Services, Facilities, or Privileges . 70 C. Potential § 3617 Claim. 77 D. No... |
2007 |
Yes |
| J. Mijin Cha |
ENVIRONMENTAL JUSTICE IN RURAL SOUTH ASIA: APPLYING LESSONS LEARNED FROM THE UNITED STATES IN FIGHTING FOR INDIGENOUS COMMUNITIES' RIGHTS AND ACCESS TO COMMON RESOURCES |
19 Georgetown International Environmental Law Review 185 (Winter, 2007) |
C1-3Contents I. Introduction. 186 II. The Beginning of Environmental justice: A Fight Against Environmental racism. 188 A. Emergence of Race in Environmental Discussions. 189 B. Characteristics of the Environmental justice Movement. 190 C. The Importance of Movement Inclusivity and Diversity of Tools Used to Achieve Environmental justice. 192 III.... |
2007 |
Yes |
| Carmen G. Gonzalez |
GENETICALLY MODIFIED ORGANISMS AND JUSTICE: THE INTERNATIONAL ENVIRONMENTAL JUSTICE IMPLICATIONS OF BIOTECHNOLOGY |
19 Georgetown International Environmental Law Review 583 (Summer, 2007) |
C1-2Contents Introduction. 584 I. Environmental justice and the GMO Controversy. 589 A. International Environmental justice: Integrating Human Rights and Environmental Protection. 589 B. The Roots of International Environmental Injustice: Poverty, Hunger, and Environmental Degradation. 593 C. The GMO Controversy in Historical Context. 595 1. The... |
2007 |
Yes |
| David L. McMurray, Jr. |
GENOMICS & ETHNICITY: USING A TOOL IN THE U.S. ENVIRONMENTAL PROTECTION AGENCY'S ENVIRONMENTAL JUSTICE TOOLKIT |
10 Journal of Health Care Law and Policy 187 (2007) |
While a relatively new issue, environmental justice has had a major impact on environmental law. The environmental justice movement encourages the development of environmental laws that fairly treat persons regardless of race or income. The movement is the result of disproportionate treatment of minority groups, both real and perceived. Results of... |
2007 |
Yes |
| David S. Henkel, Jr. |
GROWING SMARTER: ACHIEVING LIVABLE COMMUNITIES, ENVIRONMENTAL JUSTICE, AND REGIONAL EQUITY |
59 Planning & Environmental Law 9 (November, 2007) |
Growing Smarter: Achieving Livable Communities, Environmental justice, and Regional Equity, Robert D. Bullard, editor; foreword by Carl Anthony. 2007.The MIT Press, Cambridge, Massachusetts. Growing Smarter addresses the effects of suburban sprawl caused by the intersection of development incentives, land use policy, and metropolitan transportation... |
2007 |
Yes |
| Rebecca Tsosie |
INDIGENOUS PEOPLE AND ENVIRONMENTAL JUSTICE: THE IMPACT OF CLIMATE CHANGE |
78 University of Colorado Law Review 1625 (Fall 2007) |
The international dialogue on climate change is currently focused on a strategy of adaptation that includes the projected removal of entire communities, if necessary. Not surprisingly, many of the geographical regions that are most vulnerable to the effects of climate change are also the traditional lands of indigenous communities. This article... |
2007 |
Yes |
| Eileen Gauna |
LNG FACILITY SITING AND ENVIRONMENTAL (IN)JUSTICE: IS IT TIME FOR A NATIONAL SITING SCHEME? |
2 Environmental & Energy Law & Policy Journal 85 (Summer 2007) |
I. Environmental justice: A Brief History. 87 A. The Historical Context. 87 B. The Siting Context in Particular. 89 II. The LNG Initiative: NIMBY on a National Scale. 100 III. The Road to a National Siting Scheme-- Some Exploratory Thoughts. 106 IV. Conclusion. 115 |
2007 |
Yes |
| Tony Arnold |
PLANNING FOR ENVIRONMENTAL JUSTICE |
59 Planning & Environmental Law 3 (March, 2007) |
Editor's Note: Environmental justice (EJ) must have a face, because EJ is more about people than the environment. The environment is all around us, but we don't all live in the same environment. Hear the words of Lula Williams, president of South Camden Citizens in Action, from New Jersey: I live in Waterfront South. We have so many industries,... |
2007 |
Yes |
| Tara Ulezalka |
RACE AND WASTE: THE QUEST FOR ENVIRONMENTAL JUSTICE |
26 Temple Journal of Science, Technology & Environmental Law 51 (Spring 2007) |
Environmental racism is not a science, but the result of a power dynamic. . . . occur[ring] when people who have power in society choose not to have environmental hazards in their community. This environmental inequity becomes environmental injustice when environmental hazards are placed in a community of disempowered people. Environmental racism... |
2007 |
Yes |
| Congressman Mark Udall |
REMARKS AT THE CLIMATE OF ENVIRONMENTAL JUSTICE: TAKING STOCK CONFERENCE AT THE UNIVERSITY OF COLORADO LAW SCHOOL, MARCH 16-17, 2007 |
78 University of Colorado Law Review 1553 (Fall 2007) |
Good afternoon to all of you. It is an honor to have been invited to address you as you kick off this important conference. I became interested in this concept of environmental justice not when I was elected to the Congress in 1998, and not when I served a single term in the state legislature, but when I was so fortunate to work for twenty years... |
2007 |
Yes |
| Caroline Farrell |
SB 115: CALIFORNIA'S RESPONSE TO ENVIRONMENTAL JUSTICE--PROCESS OVER SUBSTANCE |
1 Golden Gate University Environmental Law Journal 113 (Summer 2007) |
Shortly after a pivotal decision in Warren County brought the disparate adverse impacts of land-use decisions on communities of color and low-income populations to the national consciousness, California recognized the need to codify environmental justice in state law. This occurred in the 1980's; however, California did not enact its first... |
2007 |
Yes |
| Clifford Rechtschaffen |
STRATEGIES FOR IMPLEMENTING THE ENVIRONMENTAL JUSTICE VISION |
1 Golden Gate University Environmental Law Journal 321 (Winter 2007) |
The environmental justice movement has accomplished much over the past twenty-five years. There is widespread recognition among policy-makers that achieving environmental justice is an important issue. An Executive Order on Environmental justice was adopted in 1994; over thirty-five states now have some type of environmental justice policy or... |
2007 |
Yes |
| Anhthu Hoang |
WARREN COUNTY'S LEGACY FOR FEDERAL AND STATE ENVIRONMENTAL IMPACT ASSESSMENT LAWS |
1 Golden Gate University Environmental Law Journal 91 (Summer 2007) |
In 1978, the Afton community of Shocco Township in Warren County, North Carolina, was like many of its sister environmental justice (EJ) communities from all over the country. African Americans made up eighty-four percent of Afton residents, with ninety percent of those living below poverty. In fact, Warren County was so poor, it did not even... |
2007 |
Yes |
| Michael J. Myers , Turner Smith |
"SPECIAL SOLICITUDE" OR "SPECIAL HOSTILITY?" WHERE STATE STANDING IN ENVIRONMENTAL LITIGATION STANDS 17 YEARS AFTER MASSACHUSETTS v. EPA |
42 UCLA Journal of Environmental Law & Policy 207 (2024) |
C1-2Table of Contents I. Introduction. 209 II. The Evolution of State Standing in Massachusetts v. EPA. 211 A. Different Theories of State Standing. 211 B. State Standing in Massachusetts v. EPA. 213 III. The Evolution of State Standing Since Massachusetts v. EPA. 220 A. Standing Based on Proprietary and Pocketbook Injuries Since Massachusetts. 221... |
2024 |
|
| Audra Locicero |
A CASE FOR TRIBAL CO-MANAGEMENT OF FEDERAL PUBLIC LANDS |
53 Stetson Law Review 543 (Spring, 2024) |
We are the land. To the best of my understanding, that is the fundamental idea embedded in Native American life and culture in the Southwest. More than remembered, the Earth is the mind of the people as we are the mind of the Earth .. It is not a means of survival .. It is rather part of our being, dynamic, significant, real. Virtually every person... |
2024 |
|
| Isaac Bloch |
A GREEN ENERGY WATERSHED: WATER LITIGATION, ELECTRIC BATTERIES, AND AGENCY OVERSIGHT OF LITHIUM MINING |
27 University of Denver Water Law Review 1 (Spring, 2024) |
I. INTRODUCTION: LITHIUM AT THE WATER-ENERGY NEXUS. 2 II. THE WATER LITIGATION RISKS OF TRADITIONAL LITHIUM MINING. 5 A. State Prior Appropriations Law in Contemporary Western Mining Operations. 5 B. Federal Challenges to Water Allocation under NEPA. 7 III. WATERSHED MANAGEMENT AT THE SALTON SEA. 13 A. Salton Sea Stakeholders. 14 B. Precious Metals... |
2024 |
|
| Muriel Hague |
A HITCHHIKER'S GUIDE TO CARBON CAPTURE AND SEQUESTRATION REGULATION IN TEXAS AND BEYOND |
61 Houston Law Review 827 (Symposium 2024) |
Carbon capture and sequestration (CCS), a decades-old concept, has recently garnered significant support and investment as a leading method for decarbonizing the atmosphere. However, regulation of CCS technology lags behind its rapid development. In most cases, primary regulatory control belongs to the Environmental Protection Agency, though state... |
2024 |
|
| Max Clayton |
A NEW MOMENT FOR INDIAN WATER RIGHTS SETTLEMENTS |
64 Natural Resources Journal 33 (Winter, 2024) |
Indian water rights settlements have been the primary mechanism to resolve water conflicts between tribal governments and state, municipal, and non-governmental parties. Although scholars have for decades roundly criticized settlements for their many shortcomings, this paper suggests that a combination of forces has altered the conditions for... |
2024 |
|
| James Cavallaro , Silvia Serrano Guzmán , Jessica Tueller |
A NEW PATH FORWARD? HOW ATTENTION TO ECONOMIC, SOCIAL, CULTURAL, AND ENVIRONMENTAL RIGHTS COULD INCREASE U.S. INDIGENOUS AND AFRICAN-AMERICAN CIVIL SOCIETY ENGAGEMENT WITH THE INTER-AMERICAN HUMAN RIGHTS SYSTEM |
28 UCLA Journal of International Law and Foreign Affairs 39 (Fall, 2024) |
This Article contends that the evolving approach of the inter-American human rights system toward the human rights of Indigenous peoples and persons of African descent, including their economic, social, cultural, and environmental rights, presents a key opportunity for U.S. civil society actors to expand beyond the dominant framework of civil... |
2024 |
|
| Natalie Smith |
A PATH TO CLIMATE ASYLUM UNDER U.S. LAW |
124 Columbia Law Review 1779 (October, 2024) |
Clarifying the extent to which existing legal regimes afford protection to climate migrants must be part of an effective and coordinated response to climate change. This Note argues that climate refugees, a group which it narrowly defines as those who meet the requirements of the 1951 Refugee Convention because they have experienced climate... |
2024 |
|
| Charisa Smith |
A POST-DOBBS FUTURE: BAILING WATER DOWNSTREAM TO CENTER DEMOCRACY'S CHILDREN |
54 Seton Hall Law Review 747 (2024) |
The reversal of Roe v. Wade by Dobbs v. Jackson Women's Health Organization not only imperils vital reproductive freedom across the United States but also illuminates the countless ways that childhood precarity will be exacerbated downstream now that forced births are sanctioned by the state. While an individual's reasons for exercising abortion... |
2024 |
|
| Maxwell S. Granger |
ABORTION IN THE ENCLAVES: FEDERAL LEGISLATIVE JURISDICTION AND ITS PRACTICAL CHALLENGES FOR ABORTION CLINICS ON FEDERAL LAND |
54 Golden Gate University Law Review 75 (May, 2024) |
Introduction. 76 I. Federal Legislative Jurisdiction: Primer & Practicalities. 81 A. What is Federal Legislative Jurisdiction?. 81 1. Overview. 81 2. Levels of Jurisdiction. 83 3. Federal Acquisition of Jurisdiction. 84 4. Federal Acceptance of Jurisdiction. 85 5. Retrocession. 86 6. Rejection of the State Within a State Theory. 86 B.... |
2024 |
|
| Alejandro E. Camacho , Elizabeth Kronk Warner , Jason McLachlan , Nathan Kroeze |
ADAPTING CONSERVATION GOVERNANCE UNDER CLIMATE CHANGE: LESSONS FROM INDIAN COUNTRY |
110 Virginia Law Review 1549 (November, 2024) |
Anthropogenic climate change is increasingly causing disruptions to ecological communities upon which Natives have relied for millennia. These disruptions raise existential threats not only to ecosystems but to Native communities. Yet no analysis has carefully explored how climate change is affecting the governance of tribal ecological lands. This... |
2024 |
|
| Haley Todd Newsome |
ADVANCING TORT LAW FOR CLIMATE DISPLACEMENT COMPENSATION |
14 Arizona Journal of Environmental Law & Policy 48 (Summer, 2024) |
Climate change has already displaced people from their homes and is predicted to displace millions more in the coming decades. Involuntary climate-induced migration causes loss and damage before, during, and after the displacement. In this Note, I argue that the climate displaced should seek tort compensation from fossil fuel companies for this... |
2024 |
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| Elias Marques de Medeiros Neto, Fernando Eduardo Serec |
AGRIBUSINESS AND INDIGENOUS LANDS THE IMPORTANCE OF THE MULTI-DOOR CONFLICT RESOLUTION SYSTEM |
30 Dispute Resolution Magazine 21 (January, 2024) |
Brazilian agribusiness is a pillar of the national economy. This is evident when looking at the numbers, which demonstrate the sector's strength in Brazil and around the world. It is estimated that agribusiness will constitute around 24% of the Brazilian GDP in 2023, nearly one quarter of the country's economy. This is due, in part, to record grain... |
2024 |
|
| Jennifer Horkovich |
ARIZONA v. NAVAJO NATION AND SYSTEMIC FAILURES IN THE TRIBAL WATER ALLOCATION SCHEME |
35 Fordham Environmental Law Review 30 (Spring, 2024) |
When the United States Supreme Court's decision in Arizona v. Navajo Nation was published in June 2023, Indian Country was hardly surprised with the Court's ruling. There, the Court found that the United States had no affirmative duty to affirmatively protect the Navajo Nation's water rights under the 1868 Treaty. The Court was clear: the treaty is... |
2024 |
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| Monica Visalam Iyer, Kerilyn Schewel |
ARTICULATING AND CLAIMING THE RIGHT TO STAY IN THE CONTEXT OF CLIMATE CHANGE |
38 Georgetown Immigration Law Journal 207 (Winter, 2024) |
Climate-related displacement is a topic of increasing concern in both academic research and the political, social, and humanitarian spheres. As many seek to develop legal regimes that will allow those living in the most climate-affected areas to move with dignity, individuals and communities living in these countries, regions, and localities are... |
2024 |
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