| Author | Title | Citation | Summary | Year |
| Tegan Jarchow |
INTERNationAL TRADE AGREEMENTS AND THE ENVIRONMENT: A NAFTA AND NAAEC CASE STUDY |
24 Drake Journal of Agricultural Law 319 (Summer, 2019) |
I. Introduction. 319 II. International Trade and Environmental Economics Theory. 321 III. International Policy Framework: WTO Policies. 325 IV. NAFTA. 328 V. NAFTA, the NAAEC, and the CEC. 332 VI. Future Recommendations. 335 VII. Conclusion. 339 |
2019 |
| Blake Hudson |
LAND DEVELOPMENT: A SUPER-WICKED ENVIRONMENTAL PROBLEM |
51 Arizona State Law Journal 1123 (Fall, 2019) |
I. Introduction. 1124 II. The Implications of the Wicked Land Development Problem. 1126 III. How Land Development is a Wicked Environmental Problem. 1131 IV. Factors Contributing to the Wickedness of Land Development. 1137 A. Collective Action. 1138 B. Corporate Design. 1139 C. Legal Institutions. 1140 D. Economics. 1143 E. Intersecting Policies.... |
2019 |
| M. Jordan Thompson , Chelsea L.M. Colwyn |
LIVING SQÉLIX: DEFENDING THE LAND WITH TribAL LAW |
51 Connecticut Law Review 889 (August, 2019) |
The Salish and Pend d'Oreille--known today as part of the Confederated Salish and Kootenai Tribes (CSKT) of the Flathead Indian Reservation in Montana--have been part of the landscape of what is now Montana, Idaho, and eastern Washington ever since Coyote prepared the world for them. The Salish and Pend d'Oreille traditionally managed their... |
2019 |
| Katrina A. Tomas |
MANURE MANAGEMENT FOR CLIMATE CHANGE MITIGATION: REGULatinG CAFO GREENHOUSE GAS EMISSIONS UNDER THE CLEAN AIR ACT |
73 University of Miami Law Review 531 (Winter, 2019) |
Climate change is the defining challenge of our time, which if unbridled, will imperil our communities and the viability of future generations. Efforts to reduce global temperature rise require more than merely reforming carbon dioxide emissions from the energy and transportation sectors. Notably, climate solutions cannot be reached without... |
2019 |
| Nadia B. Ahmad |
MASK OFF --THE COLONIALITY OF ENVIRONMENTAL JUSTICE |
25 Widener Law Review 195 (2019) |
Justice is the foremost virtue of the civilizing races. It subdues the barbarous nations, while injustice arouses the weakest. --José Rizal His writings sparked the Philippine Revolution. Officials in the Spanish colonial government would execute him for the crime of rebellion. Even though he did not partake in the planning of the revolution, he... |
2019 |
| Marianne Engelman Lado |
NO MORE EXCUSES: BUILDING A NEW VISION OF CIVIL RIGHTS ENFORCEMENT IN THE CONTEXT OF ENVIRONMENTAL JUSTICE |
22 University of Pennsylvania Journal of Law and Social Change 281 (2019) |
INTRODUCTION. 282 I. RACIAL INEQUALITY IN EXPOSURE TO HEALTH HAZARDS. 286 II. THE APPLICABILITY OF CIVIL RIGHTS LAW TO THE ENVIRONMENTAL JUSTICE CONTEXT. 288 A. Enforcement of Title VI of the Civil Rights Act of 1964. 288 B. Why Environmental Laws Are Inadequate to Address Racial Disparities. 291 III. A GAPING HOLE: EPA'S POOR RECORD OF CIVIL... |
2019 |
| Candice Youngblood |
PUT YOUR MONEY WHERE THEIR MOUTH IS: ACTUALIZING ENVIRONMENTAL JUSTICE BY AMPLIFYING COMMUNITY VOICES |
46 Ecology Law Quarterly 455 (2019) |
This Note seeks to paint a picture of what working toward environmental justice should look like. Focusing on the demands that environmental justice communities voiced through the Principles of Environmental Justice, it posits that three key components are necessary to comprehensively achieve environmental justice: distributive justice,... |
2019 |
| Charles E. Murphy |
REMIXING RIVERSIDE: ENVIRONMENTAL RACISM AND HIP HOP AS A MIRROR OF SOCIETY |
42 North Carolina Central Law Review 97 (2019) |
Hurricane Katrina struck the coasts of Louisiana, Mississippi, and Alabama in the early hours of August 29, 2005. Many New Orleans residents could not afford to evacuate the city, so they remained in their homes or sought shelter in the Superdome football stadium and New Orleans Convention Center. By 11:00 a.m., Hurricane Katrina's strongest winds... |
2019 |
| Helen H. Kang |
RESPECT FOR COMMUNITY NARRATIVES OF ENVIRONMENTAL INJUSTICE: THE DIGNITY RIGHT TO BE HEARD AND BELIEVED |
25 Widener Law Review 219 (2019) |
Communities that bear the brunt of environmental pollution and lack basic amenities, such as clean drinking water, have a story to tell. One such community is the Bayview-Hunters Point community of San Francisco, California. There, the U.S. Navy extensively contaminated a now-shuttered shipyard with nuclear waste. After twelve years of cleanup... |
2019 |
| Uma Outka , Elizabeth Kronk Warner |
REVERSING COURSE ON ENVIRONMENTAL JUSTICE UNDER THE TRUMP ADMINISTRATION |
54 Wake Forest Law Review 393 (Spring, 2019) |
This Article traces how policy reversals in the first years of the Trump Administration implicate protections for diverse, low-income communities in the context of environmental pollution and climate change. The environmental justice movement has drawn critical attention to the persistent inequality in exposure to environmental harms, tracking... |
2019 |
| Rachel Calvert |
REVIVING THE ENVIRONMENTAL JUSTICE POTENTIAL OF TITLE VI THROUGH HEIGHTENED JUDICIAL REVIEW |
90 University of Colorado Law Review 867 (Summer, 2019) |
Title VI of the Civil Rights Act has unrealized potential to correct the racialized distribution of environmental hazards. The disparate impact regulations implementing this sweeping statute target the institutional discrimination that characterizes environmental injustice. Agency decisions routinely deny claims that federal funds are contributing... |
2019 |
| Oliver A. Houck |
SHINTECH: ENVIRONMENTAL JUSTICE AT GROUND ZERO |
31 Georgetown Environmental Law Review 455 (Spring, 2019) |
This is a history of environmental justice in the American South, and more particularly Louisiana, where low-income communities of color are surrounded by some of the largest petro-chemical complexes in the world. It rises from a proposal to site yet another giant facility, Shintech, within a population already exposed to nation-leading volumes of... |
2019 |
| Rebecca Bratspies |
SHUTTING DOWN POLETTI: HUMAN RIGHTS LESSONS FROM ENVIRONMENTAL VICTORIES |
36 Wisconsin International Law Journal 247 (Spring, 2019) |
I firmly believe that this State does not need to abuse its most vulnerable citizens to keep the lights on. Human rights enjoy a presumption of inviolability that at least arguably trumps other public goods. To the extent that sustainable development has become bogged down in conventional economic thinking, a human rights analysis may offer a... |
2019 |
| Dr. Frankie Griffin, M.D., J.D. |
SOCIAL DETERMINANTS OF HEALTH AND THE LAW: MUNICIPALITIES' SUPERSONIC WATER BILLING CYCLES ENDANGER ARKANSANS' HEALTH |
54-WTR Arkansas Lawyer 40 (Winter, 2019) |
Imagine arriving home from Arkansas Children's Hospital (ACH) on a Saturday afternoon with your child fresh from a major heart surgery requiring access to water for urgent hydration, postoperative wound care, and toileting, only to find that your family's water had been shut off without your knowledge while you were at ACH with your child--even... |
2019 |
| Scott W. Stern |
STANDING FOR EVERYONE: SIERRA CLUB v. MORTON, JUSTICE BlackMUN'S DISSENT, AND SOLVING THE PROBLEM OF ENVIRONMENTAL STANDING |
49 Environmental Law Reporter News & Analysis 10063 (January, 2019) |
The modern doctrine of environmental standing prevents many worthy plaintiffs from presenting their cases in court. Especially in the context of climate change, this restrictive doctrine has profound implications. But the modern doctrine is an aberration; this Article shows that for most of American history there were no comparably severe standing... |
2019 |
| Cameron W. Arnold |
STANDING IN THE LINE OF FIRE: COMPULSORY CAMPUS CARRY LAWS AND HOSTILE SPEECH ENVIRONMENTS |
49 Seton Hall Law Review 807 (2019) |
I. Introduction. 808 II. Compulsory Campus Carry Laws, Glass v. Paxton, and the Problem of Standing. 812 A. Campus Carry in the United States. 812 B. Glass v. Paxton. 813 1. Texas's Campus Carry Law and the University of Texas's Campus Carry Policy. 813 2. The Lawsuit. 815 3. The District Court Decisions. 818 4. The Fifth Circuit Appeal. 820 III.... |
2019 |
| Lauren Madison |
SUBSTANTIVE DUE PROCESS AS RECOURSE FOR FLINT WATER CRISIS PLAINTIFFS |
64 Wayne Law Review 531 (Winter, 2019) |
I. Introduction. 532 II. Background. 538 A. The Fourteenth Amendment: Protecting Citizens From Harmful State Action. 538 B. § 1983: Enforcing Federal Rights. 539 C. Preemption: A Plaintiff's Predicament. 542 III. Analysis. 543 A. Is Preemption Proper?. 543 B. Can Plaintiffs Win Under § 1983?. 546 IV. Conclusion. 551 |
2019 |
| Joshua C. Gellers, Trevor J. Cheatham |
SUSTAINABLE DEVELOPMENT GOALS AND ENVIRONMENTAL JUSTICE: REALIZATION THROUGH DISAGGREGATION? |
36 Wisconsin International Law Journal 276 (Spring, 2019) |
Introduction. 276 I. Defining Environmental Justice. 278 Figure 1: Relationship Between Elements of EJ and Cognate Forms of Justice. 287 II. Linking the SDGs to Environmental Justice. 287 Figure 2: Distribution of Environmental Justice Components Among the SDGs. 291 III. Data and Methods. 292 IV. Empirical Analysis of Voluntary National Reviews.... |
2019 |
| Jeanne M. Woods , Sarah M. Lambert |
THE COLLAPSE OF DEMOCRACY: THE FLINT WATER CRISIS FROM A HUMAN RIGHTS PERSPECTIVE |
20 Loyola Journal of Public Interest Law 177 (Spring, 2019) |
INTRODUCTION A. The Disenfranchisement B. The Water Crisis I. The Treaty Obligations of the United States: The Right to Democracy A. The Inter-American System B. The ICCPR II. Regional Customary Law III. Other Human Rights Abridged by the Violation of the Right to Democracy IV. Evolutive Human Rights Law: Analyzing the Flint Water Crisis in the... |
2019 |
| Jae-Hyup Lee |
THE INTRODUCTION OF THE LAW SCHOOL SYSTEM AND THE STRUCTURE OF THE LEGAL PROFESSION IN KOREA: STATUS AND PROSPECTS |
68 Journal of Legal Education 460 (Winter, 2019) |
The number of legal professionals has rapidly grown in Korea. After reaching 5,000 in 2001, the total number of registered lawyers surpassed 10,000 in just the next seven years; six years later, in 2014, the number had grown to more than 20,000. In addition, workplace environments, types of work, educational background of legal professionals,... |
2019 |
| Sarah E. Light |
THE LAW OF THE CORPORATION AS ENVIRONMENTAL LAW |
71 Stanford Law Review 137 (January, 2019) |
A firm is not a black box with a pipe sticking out of it. Firm managers make decisions with environmental consequences long before pollution comes out of a pipe or a smokestack. Corporate law governs how firms are created and the duties their managers owe to firm stakeholders. Securities regulations govern the information that firms must... |
2019 |
| John Infranca |
THE NEW STATE ZONING: LAND USE PREEMPTION AMID A HOUSING CRISIS |
60 Boston College Law Review 823 (March, 2019) |
Introduction. 825 I. Localism And Land Use. 830 II. The First Generation of State Land Use Interventions. 836 A. Massachusetts: A Focus on Streamlining Development Approvals and Encouraging Zoning Reform. 837 B. New Jersey: A Focus on Planning and Development Approvals. 839 C. California: A Focus on Planning and Procedure. 841 D. Some Trends. 844... |
2019 |
| Alexandra McGee, Shalini Swaroop |
THE POWER OF POWER: DEMOCRATIZING CALIFORNIA'S ENERGY ECONOMY TO ALIGN WITH ENVIRONMENTAL JUSTICE PRINCIPLES THROUGH COMMUNITY CHOICE AGGREGATION |
46 Ecology Law Quarterly 985 (2019) |
Community choice aggregation energy programs have proliferated throughout California as a tool for public municipalities to aggregate their communities' electricity demand and procure electricity for themselves. Through their community choice aggregation programs, communities have reduced their electricity-related greenhouse gas emissions in order... |
2019 |
| Malina Welman |
THE STARTING POINT: STRUCTURING NEWARK'S LAND USE LAWS AT THE OUTSET OF REDEVELOPMENT TO PROMOTE INTEGRATION WITHOUT DISPLACEMENT |
53 Columbia Journal of Law and Social Problems 43 (Fall, 2019) |
Housing is an outward expression of the inner human nature; no society can be fully understood apart from the residences of its members. In 2017, New Jersey's largest municipality, Newark, made history when its city council passed an inclusionary zoning ordinance requiring, in part, that at least twenty percent of new residential projects be set... |
2019 |
| Brie D. Sherwin |
THE UPSIDE DOWN: A NEW REALITY FOR SCIENCE AT THE EPA AND ITS IMPACT ON ENVIRONMENTAL JUSTICE |
27 New York University Environmental Law Journal 57 (2019) |
Because of changes to EPA that began under the leadership of former Administrator Pruitt, many career scientists are arguing that science is increasingly under attack. These changes have resulted in increased secrecy within the agency, the systematic removal of academic scientists from key advisory roles, and a 60 percent reduction in enforcement.... |
2019 |
| Ashley A. Glick |
THE WILD WEST RE-LIVED: OIL PIPELINES THREATEN NATIVE AMERICAN TribAL LANDS |
30 Villanova Environmental Law Journal 105 (2019) |
We do not inherit the earth from our ancestors[;] we borrow it from our children. Since the inception of designated reservations, the land within the reservation boundaries has served as a point of contention between the Native Americans and the federal government. In 1851, the United States government attempted to negotiate peace with the Native... |
2019 |
| Barry E. Hill |
TIME FOR A NEW AGE OF ENLIGHTENMENT FOR U.S. ENVIRONMENTAL LAW AND POLICY: WHERE DO WE GO FROM HERE? |
49 Environmental Law Reporter News & Analysis 10362 (April, 2019) |
The issue of environmental injustice has again come into sharp focus in the wake of the predominantly African-American community in Flint, Michigan, being exposed to lead-contaminated drinking water. To secure environmental justice for all individuals and communities, living in a clean, safe, and healthy environment in America should be considered... |
2019 |
| Jessica A. Shoemaker |
TRANSFORMING PROPERTY: RECLAIMING IndigenOUS LAND TENURES |
107 California Law Review 1531 (October, 2019) |
This Article challenges existing narratives about the future of American Indian land tenure. The current highly-federalized system for reservation property is deeply problematic. In particular, the trust status of many reservation lands is expensive, bureaucratic, oppressive, and linked to persistent poverty in many reservation communities. Yet,... |
2019 |
| Thomas Maligno , Benjamin Rajotte |
TRIAL BY WATER: REFLECTIONS ON SUPERSTORM SANDY |
35 Touro Law Review 957 (2019) |
Superstorm Sandy devastated thousands of homes in some of the most densely populated areas of the country. It created extensive and diverse property losses in the Northeast, resulting in an unprecedented need for disaster recovery assistance in affected communities. As we pass the storm's two-and-a-half-year anniversary, complex challenges remain... |
2019 |
| Mingjie Hoemmen |
VERTICAL AND HORIZONTAL MODES OF INJUSTICE IN AIR POLLUTION: A COMPARISON OF LAW AND SOCIETY IN CHINA AND THE U.S. |
59 Natural Resources Journal 347 (Summer, 2019) |
On the night of November 18, 2017, a big residential fire broke out in the outskirts of Beijing, taking 19 lives. The Beijing city fire department's investigation determined that the fire was caused by illegal recompartmentalization of a storage building into part-storage, part-rental units. Tenants were stacked up in small rooms. Seizing the... |
2019 |