AuthorTitleCitationSummaryYearKey Terms in Title or Summary
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  
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  
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  
Katrina Fischer Kuh AVOIDING PERFORMATIVE CLIMATE JUSTICE 54 Environmental Law Reporter (ELI) 10230 (March, 2024) Today's climate impacts and those on the horizon increasingly infuse mitigation and adaptation efforts with urgency, causing policymakers to contemplate or issue formal declarations of a climate emergency and to streamline review processes to aid rapid development of mitigation and adaptation infrastructure and technology. Yet, this urgency and... 2024  
Jasmine N. Cooper BATTLE OF THE LANDS: THE CREATION OF LAND GRANT INSTITUTIONS AND HBCUS--FOSTERING A STILL SEPARATE AND STILL UNEQUAL HIGHER EDUCATION SYSTEM 30 Washington and Lee Journal of Civil Rights and Social Justice 247 (Spring, 2024) In HBCU culture, the Battle of the Bands is a competition between school marching bands to determine the best of the best. It is a cultural celebration that symbolizes friendly competition and showcases students' pride in their school. Unfortunately, since their inception, Historically Black Colleges, and Universities (HBCUs) have been battling... 2024  
Helen H. Kang BEARING WITNESS TO ENVIRONMENTAL INJUSTICE: THE PATH FORWARD 54 Environmental Law 315 (Spring, 2024) I. Introduction. 315 II. Geography Is Destiny. 317 III. Pollution Burdens. 320 IV. Demographic Shift. 322 V. What Now?. 324 2024  
Jennifer S. Bard BREAKING DOCTRINAL SILOS BETWEEN ENVIRONMENTAL LAW, DISABILITY LAW, AND TORTS TO STOP THE SPREAD OF INFECTIOUS DISEASE THROUGH CONTAMINATED INDOOR AIR 39 Journal of Environmental Law & Litigation 163 (2024) Acknowledgments. 166 Introduction and Statement of the Problem. 167 I. Getting to Ventilation: How Scientific Opinion on the Spread of Airborne Disease Changed. 171 A. The COVID-19 Pandemic as an Engine for Scientific Discovery. 174 B. Setting the Scene for Scientific Discovery: The Arrival of SARS-CoV-2. 180 C. What Changed the Received... 2024  
Sara A. Colangelo BRIDGING SILOS: ENVIRONMENTAL AND REPRODUCTIVE JUSTICE IN THE CLIMATE CRISIS 112 California Law Review 1255 (August, 2024) The climate crisis is a perilous yet underexamined example of the intersection of environmental injustice and reproductive injustice. The physical manifestations of the climate crisis affect key elements of reproductive justice: women's rights to have children, to not have children, and to parent children in healthy, sustainable communities. Reams... 2024  
Shelley Ross Saxer BUILDING CLIMATE RESILIENCE WITH LOCAL TOOLS 58 Georgia Law Review 1663 (10-Jun-24) The first Earth Day on April 22, 1970, celebrated the grassroots environmental movement that began in the '60s and early '70s and ushered in the creation of a new legal framework for controlling pollution and addressing environmental concerns in the United States. However, more than fifty years later, some experts fear that the environmental... 2024  
Alexandra M. George CAN WE REALLY BE THE CHANGE WE WISH TO SEE? THE INHERENT LIMITATIONS OF CITIZEN SUITS IN REMEDYING ENVIRONMENTAL INJUSTICE UNDER THE CLEAN AIR ACT 35 Villanova Environmental Law Journal 153 (2024) If you live in Philadelphia County, the air you breathe may put your health at risk. Where a person lives plays a crucial role in shaping their overall health outcomes and life expectancy. An individual's zip code alone can determine up to sixty percent of their health. In the United States, significant racial disparities exist among communities... 2024  
Daniel Cornelius, Steph Tai CAN WE SAVE OUR FOODWAYS? THE INFLATION REDUCTION ACT, CLIMATE CHANGE, AND FOOD JUSTICE 133 Yale Law Journal Forum 1053 (17-Apr-24) abstract. This Essay examines USDA programs supported by the Inflation Reduction Act and its approach toward addressing climate change and historical funding inequities for Indigenous and Black Farmers. It also argues for how the next Farm Bill can expand upon these efforts to further address inequities and promote climate resilience. Farmers,... 2024  
Kate Jastram CLIMATE CHANGE AND CROSS-BORDER DISPLACEMENT: WHAT THE COURTS, THE ADMINISTRATION, AND CONGRESS CAN DO TO IMPROVE OPTIONS FOR THE UNITED STATES 56 Case Western Reserve Journal of International Law 309 (Spring, 2024) Introduction. 309 Part I. 312 A. Maximizing the Potential of the Refugee Convention and Protocol. 312 B. Adopting the Cartagena Declaration Definition to Address Climate Displacement. 319 C. Expanding Complementary Protection by Accepting Non-Refoulement Obligations Under the International Covenant on Civil and Political Rights. 322 Part II. 326 A.... 2024  
Vera Solovyeva CLIMATE CHANGE IN ARCTIC AND INDIGENOUS PEOPLES. CHALLENGES AND SOLUTIONS 29 Ocean and Coastal Law Journal 317 (January, 2024) Abstract I. Global Climate Change in the Arctic II. Climate Change Impacts on Indigenous Peoples A. Medical Impacts B. Socio-economic Impacts C. Socio-cultural Impacts III. Importance of Indigenous Knowledge and Local Knowledge in Climate Change Adaptation IV. Indigenous Peoples Matters of Definition in the Russian Federation Conclusion Climate... 2024  
Barry E. Hill, Emily Bergeron CLIMATE JUSTICE LITIGATION IN THE UNITED STATES--A PRIMER 54 Environmental Law Reporter (ELI) 10307 (April, 2024) Over the last three decades, numerous studies have concluded that African American, Hispanic, Native American, Alaska Native, Native Hawaiian, and working-class White communities are disproportionately exposed to environmental harms and risks. More recent studies have concluded that although the adverse effects of climate change are being felt... 2024  
Natalie Lara CLIMATE MIGRATION AS CLIMATE RESILIENCE: A CASE STUDY OF ORLANDO, FLORIDA 54 Environmental Law Reporter (ELI) 10736 (September, 2024) In recent years, migration has become a topic of debate, especially in developed nations. Migration takes many forms, not only across international borders but also within a country. The decision to move is influenced by a number of factors, including life-cycle considerations such as marriage, completion of schooling, entry into the labor force,... 2024  
James R. May , Marcelo Buzaglo Dantas , Luciana Bauer CLIMATE RIGHTS IN BRAZIL AND THE UNITED STATES: A CONVERGENCE IN CONTRASTS 56 Case Western Reserve Journal of International Law 439 (Spring, 2024) I. Introduction. 439 II. Climate Rights in the United States. 444 A. Juliana v. United States. 446 B. Held v. Montana. 450 III. Climate Rights in Brazil. 452 IV. A Comparison of Climate Rights in Brazil and the U.S.. 463 V. Conclusion. 466 2024  
Julia Neusner, David Cremins, Ana Cutts Dougherty, Kelsey Freeman, Rosie Lebel, Milena Díaz, Nicole Chávez CLIMATE-RELATED DISPLACEMENT AND U.S. REFUGEE PROTECTION 42 UCLA Journal of Environmental Law & Policy 177 (2024) In an era defined by climate crises and mounting barriers to cross-border movement, this Article examines the intricate relationships between climate change, displacement, and refugee protection in the United States. Through a comprehensive analysis, incorporating insights from interviews with asylum seekers from Mexico and Central America at the... 2024  
Todd D. Amaral CONFLICTING GOALS: THE ETHICS AND ACCOUNTABILITY OF LAW FIRM ENVIRONMENTAL, SOCIAL, AND GOVERNANCE (ESG) POLICIES 29 Roger Williams University Law Review 323 (Winter, 2024) Environmental, Social, and Governance (ESG) focused investing and the corresponding corporate adoption of ESG policies and practices is a driving force in modern business. The realization of the importance of ESG has led many law firms to establish multidisciplinary advisory practices to help clients address the policy and corporate governance... 2024  
Abigail McCeney CRIMMIGRATION ON PUBLIC LANDS: INTERAGENCY CONFLICTS OVER PRIORITIZING BORDER ENFORCEMENT AND ENVIRONMENTAL PROTECTION 54 Environmental Law 425 (Spring, 2024) Federal public lands along the United States southwestern border are a platform for regulatory disputes concerning the proper management of natural resources, infrastructure, human activity, and border security. U.S. border policy in recent decades has been characterized by the criminalization of the immigration system, which has led to increased... 2024  
Sam Bookman DEMYSTIFYING ENVIRONMENTAL CONSTITUTIONALISM 54 Environmental Law 1 (Winter, 2024) In an age of pervasive environmental crisis, a vast majority of the world's constitutions now include environmental provisions. But how does environmental constitutionalism improve environmental governance? Constitutionalization tells us little about how states should manage the environment. Instead, environmental constitutionalism is capable of... 2024  
William Boyd DE-RISKING ENVIRONMENTAL LAW 48 Harvard Environmental Law Review 153 (2024) Over the last forty years, risk assessment has come to provide the foundation for EPA's major regulatory programs on toxic chemicals, pollution, and hazardous waste--a development that seems quite natural, even necessary. The standard view holds that risk assessment is a largely technical, scientific exercise that provides the basic facts needed... 2024  
Maria Lins Albuquerque DISPUTES IN THE INDIGENOUS ENVIRONMENT IN BRAZIL 30 Dispute Resolution Magazine 11 (January, 2024) The main conflicts that occur in the Indigenous environment in Brazil are driven by disputes between economic activities that heavily utilize the land and the preservation of Indigenous territories. There is no resolution of conflicts without an understanding of the various interests involved. The main themes of dispute are related to the complex... 2024  
Hugh S. Van Scoy DISRUPTING DESTRUCTIONMENT: SUSTAINING GULLAH GEECHEE LAND OWNERSHIP THROUGH THE FAIR HOUSING ACT 20 University of Saint Thomas Law Journal 486 (Spring, 2024) The Gullah Geechee, descendants of enslaved Africans trafficked to the southeastern coast of the United States to work on rice, indigo, and sea island cotton plantations, have long been recognized for their rich cultural heritage and distinctive Gullah language. Over time, the Gullah Geechee have established thriving communities along the Atlantic... 2024  
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