Jonathan Zasloff W(H)ITHER ENVIRONMENTAL JUSTICE? 66 UCLA Law Review Discourse 178 (2019) This Article considers Gitanjali Nain Gill's recent book Environmental Justice in India, the first comprehensive look at India's National Green Tribunal. India's environmental crisis--major international surveys highlight its severe environmental degradation--is of interest to the global public, for no progress on climate change can be made without... 2019
Leigh S. Barton WATER IS POWER: AN ANALYSIS OF CITIES' POWER TO PROCURE MUNICIPAL WATER SUPPLIES 42-SPG Environs Environmental Law and Policy Journal 95 (Spring, 2019) How powerful are U.S. cities? This question forms the basis of a massive debate in the urban law and policy field. Some believe that cities are, or at least have the potential to be, extremely powerful. Others believe that cities are completely powerless. This paper seeks to contribute towards the assertion that cities are in fact powerful.... 2019
Lauren Gwin , Jessica Owley , Sally K. Fairfax WHAT CAN THE APPLE TEACH THE ORANGE? LESSONS U.S. LAND TRUSTS CAN LEARN FROM THE NationAL TRUST IN THE U.K. 30 Duke Environmental Law and Policy Forum 89 (Fall, 2019) The National Trust in England, Wales, and Northern Ireland is one of the oldest and most revered private land conservation organizations in the world. While the private land conservation movements in the United States and the United Kingdom began at a similar time and with similar tools, conservation attitudes and methods in the two countries... 2019
Chan Tov McNamarah WHITE CALLER CRIME: RACIALIZED POLICE COMMUNICATION AND EXISTING WHILE Black 24 Michigan Journal of Race and Law 335 (Spring, 2019) Over the past year, reports to the police about Black persons engaged in innocuous behaviors have bombarded the American consciousness. What do we make of them? And, equally important, what are the consequences of such reports? This Article is the first to argue that the recent spike in calls to the police against Black persons who are simply... 2019
Jeffrey Schmitt A HISTORICAL REASSESSMENT OF CONGRESS'S "POWER TO DISPOSE OF" THE PUBLIC LANDS 42 Harvard Environmental Law Review 453 (2018) The Property Clause of the Constitution grants Congress the Power to Dispose of federal land. Congress uses this Clause to justify permanent federal land ownership of approximately one-third of the land within the United States. Legal scholars, however, are divided as to whether the original understanding of the Clause supports this practice.... 2018
Andrew R. Highsmith A POISONOUS HARVEST: RACE, INEQUALITY, AND THE LONG HISTORY OF THE FLINT WATER CRISIS 18 Journal of Law in Society 121 (Fall, 2018) Table of Contents 121 I. Introduction. 122 II. A Segregated Metropolis. 126 III. Deindustrialization and Metropolitan Fragmentation. 131 IV. STARVING THE CITY. 136 V. Conclusion. 139 2018
Colin Crawford ACCESS TO JUSTICE FOR FOUR BILLION: URBAN AND ENVIRONMENTAL OPTIONS AND CHALLENGES 26 New York University Environmental Law Journal 340 (2018) Introduction. 341 A. Access to Justice: Who, How and When?. 341 B. Background. 345 I. Access to Justice: Theoretical Positions. 346 A. Law-Focused and Top-Down. 348 B. Law-Focused and Bottom-Up. 355 C. Integrated and Requiring Law. 361 D. Integrated but Not Requiring Law. 371 II. Urban and Environmental Rights & Access to Justice. 374 A. Rights... 2018
Matthew J. Rowe , Judson Byrd Finley , Elizabeth Baldwin ACCOUNTABILITY OR MERELY "GOOD WORDS"? AN ANALYSIS OF TribAL CONSULTATION UNDER THE NationAL ENVIRONMENTAL POLICY ACT AND THE NationAL HISTORIC PRESERVATION ACT 8 Arizona Journal of Environmental Law & Policy 1 (Spring, 2018) The Dakota Access Pipeline (DAPL) brought issues of environmental justice, energy development, and Native American sovereignty to worldwide attention. Central to this dispute was the definition of meaningful consultation within the context of the National Environmental Policy Act (1969) and the National Historic Preservation Act (1966). Many... 2018
Maryam Hatcher , Ben Wilson ACHIEVING THE "JUSTICE" IN ENVIRONMENTAL JUSTICE: WHY DIVERSITY IN ENVIRONMENTAL LAW IS VITAL 23-APR NBA National Bar Association Magazine 16 (April, 2018) Environmental Law impacts other people is a refrain we have heard throughout the years from law students and young attorneys of color questioning the value of pursuing a career in Environmental Law. The idea that environmental issues are unimportant to the Black community or other communities of color has been touted as one of the reasons why... 2018
Jordan D. Nickerson AMERICA'S INVISIBLE FARMERS: FROM SLAVERY, TO FREEDMEN, TO THE FIRST ON THE LAND 23 Drake Journal of Agricultural Law 253 (Summer, 2018) I. Introduction. 253 II. From Slaves to Freedmen to the First on the Land. 254 III. The Peak of Black Farming in the Early Twentieth Century. 257 IV. The Decline of the Black Farming Community. 258 V. The Recent Growth of the African-American Farming Community. 262 VI. Is this Progress Enough?. 268 2018
Casey B. McCormack AMERICA'S NEXT REFUGEE CRISIS: ENVIRONMENTALLY DISPLACED PERSONS 32-SPG Natural Resources & Environment 8 (Spring, 2018) 2017 was a politically momentous year in the United States. In January, Donald J. Trump assumed office as the 45th president of the United States, and the Grand Old Party regained majority representation in both Houses of Congress for the first time in a decade. Republicans nationwide began their year a little more optimistic for the future than... 2018
Camille Pannu BRIDGING THE SAFE DRINKING WATER GAP FOR CALIFORNIA'S RURAL POOR 24 Hastings Environmental Law Journal 253 (Summer, 2018) Spurred by decades of inaction and continued exposure to unsafe drinking water, community leaders from California's disadvantaged communities (DACs) advocated for the creation of a human right to water under state law. Shortly thereafter, the California Legislature put forward a bond to finance much needed water infrastructure improvements and... 2018
Alyosha Goldstein BY FORCE OF EXPECTATION: COLONIZATION, PUBLIC LANDS, AND THE PROPERTY RELATION 65 UCLA Law Review Discourse 124 (2018) This Essay argues that federal land policy as a form of colonial administration has been constitutive for the logic of expectation as property in what is now the United States. From the state land cessions negotiated on behalf of the Articles of Confederation to the preemption acts (1830-1841) to the homestead acts (1862-1916) to present-day... 2018
Jennifer Hernandez CALIFORNIA ENVIRONMENTAL QUALITY ACT LAWSUITS AND CALIFORNIA'S HOUSING CRISIS 24 Hastings Environmental Law Journal 21 (Winter, 2018) The California Environmental Quality Act (CEQA) continues to play a vital role in assuring that our state and local agencies carefully evaluate, disclose, and avoid or reduce the potentially adverse environmental consequences of their actions. In addition, CEQA ensures that agencies consider and respond to public and agency comments on these... 2018
Stephen R. Miller, J.D., M.C.P., Editor-in-Chief California Environmental Quality Act Lawsuits and California's Housing Crisis 47 No. 1 Real Estate Review Journal 4 (Spring 2018) Jennifer Hernandez practices environmental and land use law in the San Francisco and Los Angeles offices of Holland & Knight. Many other members of Holland & Knight contributed to the study of CEQA lawsuits evaluated in this article, including Elizabeth Lake, Tamsen Plume, Amanda Monchamp, Nicholas Targ, Charles Coleman, David Preiss, Susan Booth,... 2018
Michael D. Wilson CLIMATE CHANGE AND THE JUDGE AS WATER TRUSTEE 48 Environmental Law Reporter News & Analysis 10235 (March, 2018) Something extraordinary is happening. Through the carbon emissions from burning fossil fuel and deforestation, humans have disrupted earth's climate system, leading to global warming. The challenge we now face is to stop these emissions and limit the extent of warming and the associated loss, damage, and harm to people and ecosystems. Failure to... 2018
Temple Stoellinger , L. Steven Smutko , Jessica M. Western COLLABORATION THROUGH NEPA: ACHIEVING A SOCIAL LICENSE TO OPERATE ON FEDERAL PUBLIC LANDS 39 Public Land & Resources Law Review 203 (2018) As demand and consumption of natural gas increases, so will drilling operations to extract the natural gas on federal public lands. Fueled by the shale gas revolution, natural gas drilling operations are now frequently taking place, not only in the highly documented urban settings, but also on federal public lands with high conservation value. The... 2018
Jessica Durney CRAFTING A STANDARD: ENVIRONMENTAL CRIMES AS CRIMES AGAINST HUMANITY UNDER THE INTERNationAL CRIMINAL COURT 24 Hastings Environmental Law Journal 413 (Summer, 2018) This paper will craft a framework through which the International Criminal Court (ICC) could begin prosecuting individuals for crimes against humanity under the Rome Statute for their actions against the environment. Despite the lack of environmental considerations in the prima facie language of the Rome Statute, the definition of crimes against... 2018
Suryapratim Roy DISTribUTION AS THE ORGANIZING PRINCIPLE OF ENVIRONMENTAL REGULATION 19 German Law Journal 649 (June 1, 2018) This Article argues that distributional concerns constitute the heart of environmental regulation; they are not restricted to pre-policy values or post-policy effects that need to dealt with. On the contrary, they characterize the selection of environmental policies, and their properties. Different interests, preferences, and values with respect to... 2018
Robert L. Fischman , Lydia Barbash-Riley EMPIRICAL ENVIRONMENTAL SCHOLARSHIP 44 Ecology Law Quarterly 767 (2018) The most important development in legal scholarship over the past quarter century has been the rise of empirical research. Drawing upon the traditions of legal realism and the law and economics movement, a variety of social science techniques have delivered fresh perspectives and punctured false claims. But environmental law has been slow to adopt... 2018
Jeffrey J. Minneti ENVIRONMENTAL GOVERNANCE AND THE GLOBAL SOUTH 43 William and Mary Environmental Law and Policy Review 83 (Fall, 2018) Over the last several decades, efforts to regulate the environment through traditional public law at national and international levels have stalled. In contrast, private environmental governance has flourished as nongovernmental entities have engaged in standard setting and assessment practices traditionally left to public government. This Article... 2018
Erin E. Mette ENVIRONMENTAL INJUSTICE IN MICHIGAN AIR PERMITTING 63 Wayne Law Review 385 (Winter, 2018) I. Introduction. 385 II. Background. 387 A. Sources of Air Pollution in Southeast Michigan. 388 B. Health and Environmental Concerns for Residents. 390 C Environmental Racism and Injustice. 392 D. Current Structure of Air Pollution Regulations in Michigan. 394 1. Federal Regulations. 395 2. State and Local Regulations. 395 III. Analysis. 397 A.... 2018
Jeremy Orr ENVIRONMENTAL JUSTICE ACT OF 2017: A FIGHTING CHANCE FOR FRONTLINE COMMUNITIES 24 Hastings Environmental Law Journal 303 (Summer, 2018) Since the release of the United Church of Christ's landmark Toxic Wastes and Race in the United States report in 1987 and the 1992 release of the U.S. Environmental Protection Agency's (EPA) Reducing Risk for All Communities report, our Federal Government has been well aware that the health of communities of color and the poor are... 2018
Mary Kathryn Nagle ENVIRONMENTAL JUSTICE AND TribAL SOVEREIGNTY: LESSONS FROM STANDING ROCK 127 Yale Law Journal Forum 667 (January 20, 2018) The environmental movement in the 1970s secured many landmark victories, including the passage of important legislation and the establishment of the EPA. However, these activists, while identifying critical environmental problems, failed fully to consider their cause. In particular, the environmental movement ignored the longstanding... 2018
Tamar Meshel ENVIRONMENTAL JUSTICE IN THE UNITED STATES: THE HUMAN RIGHT TO WATER 8 Washington Journal of Environmental Law & Policy 264 (July, 2018) Many low-income communities, communities of color, and indigenous communities in the United States are suffering from unequal access to safe and affordable water. This is partially the result of an ineffective and fragmented legal framework governing water issues in the country. In addition, the notion of a human right to water and sanitation,... 2018
Eric Jantz ENVIRONMENTAL RACISM WITH A FAINT GREEN GLOW 58 Natural Resources Journal 247 (Summer, 2018) For the last thirty years, environmental justice, that is, the equitable distribution of environmental pollution among all members of society, has informed environmental decision-making at every level of government. While most Federal agencies responsible for environmental regulation have taken meaningful steps to address the disparate impacts of... 2018
Lee C. Rarrick EXECUTIVE REVIEW AND THE YOUNGSTOWN CATEGORIES: VULNERABILITY OF ENVIRONMENTAL REGULATIONS TO UNBOUNDED EXECUTIVE REVIEW 43 Columbia Journal of Environmental Law 475 (2018) I. Introduction. 476 II. Justifications for Executive Review. 478 A. Textual and Structural Support. 478 B. Techniques from America's Unwritten Constitution. 480 1. Following Washington's Lead. 481 2. America's Symbolic Constitution. 483 3. America's Lived Constitution. 485 III. Taxonomy of Executive Review. 488 A. The Youngstown Categories.... 2018
Sumudu Atapattu EXTRACTIVE INDUSTRIES AND INEQUALITY: INTERSECTIONS OF ENVIRONMENTAL LAW, HUMAN RIGHTS, AND ENVIRONMENTAL JUSTICE 50 Arizona State Law Journal 431 (Summer, 2018) From Shell Oil in Ogoniland, Nigeria to Chevron in Ecuador, and from Bhopal, India to Freeport-McMoRan in Indonesia, the world is replete with examples of corporate excesses and impunity. Time and time again we hear of gross human rights violations and severe environmental degradation associated with multinational corporations operating in... 2018
Brendan McCloskey GRANTING SAMOANS AMERICAN CITIZENSHIP WHILE PROTECTING SAMOAN LAND AND CULTURE 10 Drexel Law Review 497 (2018) American Samoa is the only inhabited U.S. territory that does not have birthright American citizenship. Having birthright American citizenship is an important privilege because it bestows upon individuals the full protections of the U.S. Constitution, as well as many other benefits to which U.S. citizens are entitled. Despite the fact that American... 2018
Stephanie H. Jones GREATER THAN THE SUM OF ITS PARTS: THE INTEGRATION OF ENVIRONMENTAL JUSTICE ADVOCACY AND ECONOMIC POLICY ANALYSIS 26 New York University Environmental Law Journal 402 (2018) Introduction. 403 I. Development of the Role of Cost-Benefit Analysis in Environmental Policymaking. 405 A. Overview of Cost-Benefit Analysis Methodology. 405 B. Development of the Role of Cost-Benefit Analysis in U.S. Regulatory Policymaking. 408 C. Development of Cost-Benefit Analysis with Respect to Environmental Policy Specifically. 410 II. The... 2018
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