| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| 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 |
|
| Steven Ferrey |
DOWN TO THE WIRE: CONNECTING THE CRITICAL PATH TO CLIMATE |
48 Vermont Law Review 505 (Summer, 2024) |
I. Public Attempts to Disconnect from Clean Energy. 507 II. State & Local Governments, Not the Federal Government, Control What Is Built to Mitigate Climate Change. 511 A. State and Local Opposition to Renewable Power. 511 B. What the Eastern United States Lacks. 515 C. Which Level of Government Controls Transmission and Siting: The Federal Power... |
2024 |
|
| Holly K. Doyle |
E HO'I KA NANI I MOKU'ULA L: THE COMMISSION ON WATER RESOURCE MANAGEMENT'S PUBLIC TRUST DUTY TO FULLY RESTORE MOKU'ULA AND MOKUHINIA |
46 University of Hawaii Law Review 313 (Spring, 2024) |
I. Introduction. 314 II. Exorcising Sugar's Ghost. 323 A. Legacy Diverters: Sugar Plantations Turned Land and Water Companies. 324 B. Maui Komohana's Decades-Long Struggle for Water Management Area Designation. 331 III. The Commission on Water Resource Management's Public Trust Duty to Restore Moku'ula and Mokuhinia. 335 A. Hawai'i's Legal Duty to... |
2024 |
|
| Patience A. Crowder , Tom I. Romero, II |
EMBEDDING RACIAL JUSTICE IN THE WORK OF ENVIRONMENTAL NON-PROFITS |
22 Seattle Journal for Social Justice 803 (Spring, 2024) |
A shift is occurring as social justice activists are leveraging the climate emergency to address social justice and climate activists are leveraging Black Lives Matter, #MeToo, and other social justice movements to motivate climate action. -Jennie Stevens In response to the national and worldwide protests against racial violence and the health... |
2024 |
|
| Randall S. Abate , Chhaya Bhardwaj |
ENHANCING PROTECTION OF "CLIMATE REFUGEES" IN DESTINATION HUBS: A COMPARATIVE ANALYSIS OF LEGAL MECHANISMS AND GOVERNANCE CHALLENGES IN THE UNITED STATES AND INDIA |
37 Harvard Human Rights Journal 293 (Summer, 2024) |
The plight of climate refugees is a global crisis that requires global cooperation and regional responses. The United States and India are important regional destination countries for climate refugees. Climate refugees are not recognized as a category of people entitled to protection in either country; however, legal mechanisms in both countries... |
2024 |
|
| Noah Dreeben, Sophie Gelber, Gregory Hopp, Summer Oh, Alexandra Peterson, Hannah Redding, Robert Sassan |
ENVIRONMENTAL CRIMES |
61 American Criminal Law Review 571 (Summer, 2024) |
I. Introduction. 573 A. Criminal Versus Civil Penalties. 574 B. Criminal Enforcement. 575 C. Interaction with Other Criminal Violations. 576 II. General Issues. 576 A. Overview of the Elements of an Environmental Criminal Violation. 576 B. Liability. 577 1. Individual Liability. 577 2. Corporate Liability. 578 C. Common Defenses. 579 1.... |
2024 |
|
| Monica Visalam Iyer |
ENVIRONMENTAL MIGRATION IN REGIONAL HUMAN RIGHTS COURTS: A LIFEBOAT FROM THE "SINKING VESSEL" |
91 Tennessee Law Review 363 (Winter, 2024) |
Introduction. 364 I. Background. 371 A. Regional Human Rights Courts. 371 B. The Principle of Non-Refoulement. 373 C. Environmental Non-Refoulement at the International Level. 376 D. Environmental Non-Refoulement Cases in Domestic Courts. 380 E. Key Takeaways from International and Domestic Jurisprudence. 382 II. Legal Framework. 386 A.... |
2024 |
|
| Daniel Ziebarth |
EXISTING CHALLENGES AND POSSIBLE PATHWAYS FOR CASE SUCCESS IN CLIMATE LITIGATION WITH HUMAN RIGHTS CLAIMS |
55 Saint Mary's Law Journal 511 (2024) |
I. Introduction. 512 II. Challenges. 516 A. Causality Challenge. 517 B. Cross-temporal Challenge. 519 C. Extraterritoriality Challenge. 521 III. Possible Pathways. 524 A. Youth. 524 B. Indigenous. 527 C. Current Wellbeing. 529 D. Future Wellbeing. 533 1. Public Actors and Future Wellbeing. 533 2. Private Actors and Future Wellbeing. 536 IV. Cases... |
2024 |
|
| John Travis Marshall |
FARMLAND AND FORESTLAND IN AN ERA OF CLIMATE CHANGE: HURRICANE MICHAEL AND OPPORTUNITIES TO ADVANCE RURAL RESILIENCE |
58 Georgia Law Review 1721 (10-Jun-24) |
Catastrophic disasters fundamentally destabilize and reshape communities. They often cause loss of life and invariably inflict extensive property damage. Disabled individuals, the elderly, chronically ill persons, and families struggling to make ends meet are almost always left more vulnerable. Affected communities frequently experience population... |
2024 |
|
| Kevin Burdet |
FEEDING THE GOOD FIRE: PATHS TO FACILITATE NATIVE-LED FIRE MANAGEMENT ON FEDERAL LANDS |
47 Seattle University Law Review 1443 (Spring, 2024) |
According to the traditional beliefs of the Salish, the Creator put animal beings on the earth before humans. But the world was cold and dark because there was no fire on earth. The animal beings knew one day human beings would arrive, and they wanted to make the world a better place for them, so they set off on a great quest to steal fire from the... |
2024 |
|
| James Thuo Gathii |
FINANCING CLIMATE CHANGE THROUGH A RACIAL CAPITALISM LENS |
41 Wisconsin International Law Journal 521 (Summer, 2024) |
In this Essay, I argue that the climate crisis has provided the global finance industry an opportunity to make exorbitant profits from majority Black and Brown countries in the Global South. I show how the global finance industry is leveraging its muscle over climate-vulnerable and heavily indebted countries in the Global South through complex... |
2024 |
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