Cody Uyeda MOUNTAINS, TELESCOPES, AND BROKEN PROMISES: THE DIGNITY TAKING OF HAWAII'S CEDED LANDS 28 Asian American Law Journal 65 (2021) Introduction. 66 I. Why Native Hawaiian Dignity Restoration Matters Today. 67 A. Bettering Native Hawaiian Health. 67 B. Re-Righting Hawaiian History. 69 II. Hawaii's Annexation and Formation of the Ceded Lands. 70 A. Overthrow and Annexation. 70 B. Formation of Hawaii's Ceded Lands. 71 C. The Ceded Lands Dispute. 74 D. The Ceded Lands Today. 76... 2021
Lauren Bachtel, Kerry McGrath, Andrew Turner, John Bobka NAVIGATING ENVIRONMENTAL JUSTICE ISSUES IN FEDERAL PERMITTING 36-FALL Natural Resources & Environment 4 (Fall, 2021) Federal agencies are becoming laser focused on environmental justice (EJ) in federal permitting. This emphasis--part of the Biden administration's whole of government EJ strategy--is a key component of the administration's energy and environmental agenda. Projects across the county will experience changes in, among other things, design and... 2021
Jesse Hevia NEPA AND GENTRIFICATION: USING FEDERAL ENVIRONMENTAL REVIEW TO COMBAT URBAN DISPLACEMENT 70 Emory Law Journal 711 (2021) Cities are embracing green spaces and environmental amenities. But as government and private investment surges into urban neighborhoods, residents of historically disinvested communities are evicted and displaced to make room for a wealthier--and often whiter--demographic. The National Environmental Policy Act requires federal agencies to prepare... 2021
Camilla Getz NEPA'S TEETH: HOW TO CHALLENGE CHEMICAL AND FOSSIL FUEL COMPLEXES USING A CLIMATE AND ENVIRONMENTAL JUSTICE ARGUMENT 27 Hastings Environmental Law Journal 145 (Summer, 2021) Flooding and sea level rise in the United States is projected to become more frequent and severe due to climate change. Such climate events increase the risk of chemical spills into the environment, which disproportionally impact the health of low-income communities and communities of color. Despite international agreement that climate change is an... 2021
Regina Paparo NOT A BOX TO BE CHECKED: ENVIRONMENTAL JUSTICE AND FRIENDS OF BUCKINGHAM v. STATE AIR POLLUTION CONTROL BOARD (4TH CIR. 2020) 45 Harvard Environmental Law Review 219 (2021) C1-2Table of Contents Introduction. 219 I. Friends of Buckingham: Background, Procedural Posture, and Reasoning. 223 II. Friends of Buckingham and the Power of State Law. 231 Conclusion. 237 2021
Matthew Woodward NOT APPROVED FOR HUMAN CONSUMPTION: A STUDY OF THE DENMARK WATER CRISIS, A CALL FOR REFORMING THE SDWA, AND A DEMAND FOR COMMUNITY LAWYERING IN RURAL AMERICA 45 William and Mary Environmental Law and Policy Review 881 (Spring, 2021) Over the past four decades, nine million Americans have ingested dangerous drinking water from a trusted source: their own taps. Each year, an estimated 16.4 million cases of acute gastroenteritis are linked to public drinking water. For many Americans, drinking water--perhaps the most important cornerstone of human health--has become cause for... 2021
Emily E. Harrison ODOR IN THE COURT! AND IT SMELLS LIKE ENVIRONMENTAL RACISM: HOW BIG PORK IS LEGALLY ABUSING POOR COMMUNITIES OF COLOR IN EASTERN NORTH CAROLINA 11 Wake Forest Journal of Law and Policy 433 (2021) Over 500 plaintiffs across eastern North Carolina have filed twenty-six separate lawsuits against Murphy-Brown, LLC (Murphy-Brown), a subsidiary of Smithfield Foods, which is a Chinese-owned company. Smithfield Foods is the largest pork and hog producer in the world, generating 8.6 billion pounds of pork and 18.9 million hogs in 2016 alone. The... 2021
Anika Singh Lemar OVERPARTICIPATION: DESIGNING EFFECTIVE LAND USE PUBLIC PROCESSES 90 Fordham Law Review 1083 (December, 2021) There are more opportunities for public participation in the planning and zoning process today than there were in the decades immediately after states adopted the first zoning enabling acts. As a result, today, public participation, dominated by nearby residents, drives most land use planning and zoning decisions. Enhanced public participation... 2021
Jennifer Black, Amanda Moreland, Montrece McNeill Ransom, Emely Sanchez PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES: USING LAW AND POLICY TO ADDRESS THESE ENVIRONMENTAL HEALTH HAZARDS IN THE UNITED STATES 31 Health Matrix: Journal of Law-Medicine 341 (2021) C1-2Contents Introduction. 342 I. Phase-Out Actions. 346 A. PFOA Stewardship Program. 347 B. TSCA. 348 C. Stockholm Convention. 350 II. Current Federal Approaches. 352 A. Safe Drinking Water Act. 352 B. EPA's Health Advisories. 355 C. ATSDR and CERCLA. 358 D. Congressional Actions. 361 III. Current State Approaches. 363 IV. Looking Forward. 366 2021
Brenda Mallory , David Neal PRACTICING ON UNEVEN GROUND: RAISING ENVIRONMENTAL JUSTICE CLAIMS UNDER RACE NEUTRAL LAWS 45 Harvard Environmental Law Review 295 (2021) C1-2Table of Contents Introduction. 296 I. Background: Environmental Injustice in Context. 297 II. Fighting for Environmental Justice Without Legislatively Enacted Substantive Environmental Justice Protections. 301 A. Union Hill. 302 1. FERC EJ Claims. 304 2. PSD Permit Fight - Using an Existing Site Suitability and Health Statute to Require... 2021
Jessica B. Goldstein, Jodi A. Mazer PROSECUTING ENVIRONMENTAL CRIMES TO ADVANCE ENVIRONMENTAL JUSTICE 36-FALL Natural Resources & Environment 45 (Fall, 2021) Hours after being sworn in on March 11, 2021, as the 16th administrator of the Environmental Protection Agency (EPA), Michael Regan shared his vision with the EPA's workforce: We will stand up for environmental justice, guided by our conviction that all people have the right to breathe clean air, drink clean water, and lead a healthy... 2021
Karen Engle , Lucas Lixinski QUILOMBO LAND RIGHTS, BRAZILIAN CONSTITUTIONALISM, AND RACIAL CAPITALISM 54 Vanderbilt Journal of Transnational Law 831 (October, 2021) The 1988 Brazilian Constitution, the first in a wave of new democratic and multicultural constitutions in Latin America, contains a transitory provision guaranteeing collective land rights to quilombo communities. These communities are composed of quilombolas, primarily descendants of formerly enslaved Africans, many of whom had escaped slavery. A... 2021
Shannon Roesler RACIAL SEGREGATION AND ENVIRONMENTAL INJUSTICE 51 Environmental Law Reporter (ELI) 10773 (September, 2021) One legacy of the environmental justice movement is documenting the unequal distribution of environmental harms and benefits throughout American society. These inequalities are inscribed in our urban physical spaces by laws and policies designed to exclude African Americans and other minority groups from lands and spaces constructed and preserved... 2021
Danielle A. Bernstein REASONABLENESS IN HOSTILE WORK ENVIRONMENT CASES AFTER #METOO 28 Michigan Journal of Gender & Law 119 (2021) The #MeToo movement, a global social response to sexual harassment in the workplace, has turned the traditional approach to sexual harassment on its head. Instead of shielding perpetrators and discrediting survivors, employers, the media, and the public have begun to shift from presuming the credibility of the perpetrator to presuming the... 2021
Bernard James RESTORATIVE JUSTICE LIABILITY: SCHOOL DISCIPLINE REFORM AND THE RIGHT TO SAFE SCHOOLS 51 University of Memphis Law Review 557 (Spring, 2021) I. The Common Wisdom on Student Safety. 557 II. Alterations in the Underlying Law on Student Safety. 561 III. School Discipline Reform: Conflicting Responses to Misconduct. 568 IV. The Three Great Questions on Liability. 573 Litigation challenging school discipline policies is on the upswing. Ordinarily, courts act to constrain judicial review of... 2021
Rachael E. Salcido RETOOLING ENVIRONMENTAL JUSTICE 39 UCLA Journal of Environmental Law & Policy 1 (2021) This Article responds to environmental justice arguments that undermine, rather than safeguard, health and environmental quality for low-income and minority populations. Efforts by scholars and practitioners to clearly define environmental injustice to facilitate use of racial discrimination legal frameworks have had minimal success and are... 2021
Samia R. Broadaway, Paulina Williams RETROSPECTIVE ON DRINKING WATER LITIGATION FROM FLINT, MICHIGAN 52 No. 4 ABA Trends 6 (March/April, 2021) The facts of Flint, Michigan's water crisis are now well known: in April 2014, the city of Flint, facing serious financial trouble, was supervised by an emergency manager appointed by then-Governor Snyder. The emergency manager was tasked with implementing cost-saving measures. In one such cost-saving effort, the city switched its water supply from... 2021
Monica Krup RIOT BOOSTING: SOUTH DAKOTA'S INTEGRATION OF ENVIRONMENTAL, IndigenOUS, AND FIRST AMENDMENT CONCERNS AND THE RHETORIC ON PROTEST 22 Rutgers Race & the Law Review 293 (2021) In early 2019, the South Dakota legislature passed an urgent law that punishes and criminalizes those who participate in riots throughout the state. The law was a clear infringement on First Amendment Freedom of Speech and Freedom of Association rights and was executed as a direct response to the Standing Rock protests occurring in North Dakota... 2021
Dana McClure SLEEP NOW IN THE FIRE: ANTI-PROTEST LAWS AND THE ENVIRONMENTAL MOVEMENT 11 Arizona Journal of Environmental Law & Policy 209 (Summer, 2021) So raise your fists And march around Just don't take what you need I'll jail and bury those committed And smother the rest in greed Since 2017, in response to the nonviolent protests against the Dakota Access Pipeline, more than a dozen states across the country adopted legislation limiting citizens' ability to protest against fossil fuel... 2021
Andrea Wortzel, Viktoriia De Las Casas STATE LAWS PROVIDE NEW PATHWAYS FOR ENVIRONMENTAL JUSTICE CLAIMS 36-SUM Natural Resources & Environment 18 (Summer, 2021) Environmental justice moved to the forefront of sociopolitical discussions in the country in 2020, receiving increased attention from politicians, community groups, and environmental agencies. Although this concept is not new, for decades plaintiffs have struggled to find an effective means of asserting environmental justice claims. This is largely... 2021
Richard J. Lazarus , Libby Dimenstein STEWART'S PARADOXES OF LIBERTY, INTEGRITY, AND FRATERNITY: SOBERING LESSONS FROM COVID-19 FOR ENVIRONMENTAL LAW 29 New York University Environmental Law Journal 543 (2021) Introduction. 543 I. Economic Collapse Is Disastrous for Environmental Protection. 547 II. Strong, Aggressive National Leadership Is Necessary for Environmental Protection. 553 III. Environmental Justice Is Necessary for Environmental Protection. 561 Conclusion. 566 2021
Cristal E. Jones, M.B.A. , University of Oregon School of Law STILL STRANGERS IN THE LAND: ACHIEVEMENT BARRIERS, BURDENS, AND BRIDGES FACING African american STUDENTS WITHIN PREDOMINATELY WHITE LAW SCHOOLS 39 Minnesota Journal of Law & Inequality 13 (Winter, 2021) This Article examines the barriers to an environment where African American law students no longer view themselves, and no longer are viewed as, what American abolitionist Harriet Tubman coined, a stranger in a strange land. In this Article, I explain the research on the structural, psychological, and social factors that face the African American... 2021
James Pollack , Frank Sturges STRUGGLING TO FIND A RAPANOS NEXUS: MAUI AND THE EXPANSION OF CLEAN WATER ACT REGULATION 48 Ecology Law Quarterly 49 (2021) The Supreme Court has long struggled to define the scope of federal jurisdiction over pollution control under the Clean Water Act (CWA). During the Court's last term, that issue returned to the forefront in County of Maui, Hawaii v. Hawaii Wildlife Fund. The case involved pollution from a wastewater treatment facility that reached the Pacific Ocean... 2021
Jeff Todd THE (DE)MYSTIFICATION OF ENVIRONMENTAL INJUSTICE: A DRAMATISTIC ANALYSIS OF LAW 93 Temple Law Review 597 (Spring, 2021) Although Kenneth Burke is the preeminent rhetorician of the modern era, and his theories have been applied to issues of social change and the environment (including by legal scholars), the role of justice and law in his critical method of dramatism have received only passing treatment. This Article is therefore the first in any discipline to... 2021
Robert B. Keiter THE EMERGING LAW OF OUTDOOR RECREATION ON THE PUBLIC LANDS 51 Environmental Law 89 (Spring, 2021) Outdoor recreation is assuming a prominent role across the public lands, presenting the responsible federal agencies with difficult, new management challenges. Since World War II, recreational uses of public lands have been on a steady upward trajectory, which has only accelerated during this century. Today, an increasingly diverse array of outdoor... 2021
Emily Bergeron THE ENVIRONMENT IN THE NEXT FOUR YEARS 46 Human Rights 22 (2021) In the next four years, we must not only bring back eliminated rules, but enact better laws; create a more concrete climate response; enact more specific environmental justice legislation; and consider the broader implications of environmental law on indigenous populations. In 1995, after a 70-year absence, biologists reintroduced wolves into... 2021
Roger Merino THE LAND OF NationS: IndigenOUS STRUGGLES FOR PROPERTY AND TERRITORY IN INTERNationAL LAW 115 AJIL Unbound 129 (2021) Key studies have highlighted how Western law was central to the civilizing mission of colonialism, legitimizing conquest while presenting itself as a colonizer's gift for overcoming barbarism. But law was not just an imposition to dispossess resources and accumulate labor; it was also transformed by the contestations of First Nations and the new... 2021
Ann M. Eisenberg, Elizabeth Kronk Warner THE PRECIPICE OF JUSTICE: EQUITY, ENERGY, AND THE ENVIRONMENT IN Indian COUNTRY AND RURAL COMMUNITIES 42 Energy Law Journal 281 (2021) Editor's Note: As the authors mention at footnote 1, the ideas presented in their essay were first shared during a panel presentation in February of this year at the at the University of Florida Levin College of Law's annual Public Interest Environmental Conference. We and the authors have described their piece as an essay and not an article... 2021
Christina Giordanella THE RECENT FEDERAL WITHDRAWAL OF LIMITATIONS ON SUPPLEMENTAL ENVIRONMENTAL PROJECTS AND IMPORTANCE TO ENVIRONMENTAL JUSTICE INITIATIVES 27 Cardozo Journal of Equal Rights & Social Justice 323 (Spring, 2021) C1-2Table of Contents I. Introduction. 324 II. Background. 326 A. Supplemental Environmental Projects. 326 1. Case Studies. 328 B. Environmental Justice. 332 III. Arguments Against the Use of SEPs. 336 A. 2018 Memo. 336 B. The 2019 Memo's Limitation on SEPs. 338 IV. Legal Support for the Department of Justice and the Environmental Protection... 2021
Meghan O'Connor THE SECRETARY OF THE INTERIOR HAS THE AUTHORITY TO TAKE LAND INTO TRUST FOR FEDERALLY RECOGNIZED ALASKA TribES 45 American Indian Law Review 89 (2021) Acreage proves Alaska is the largest state in the United States by far, but for Alaska Natives this land, specifically trust land, has posed an issue for decades. For almost forty years, the Department of the Interior (DOI) has debated over whether the Secretary of the Interior can take land into trust in Alaska. Trust land is an important tool to... 2021
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