| Author | Title | Citation | Summary | Year |
| Eli Woods |
ENVIRONMENTAL RACISM IN THE AGE OF COVID-19 |
26 Public Interest Law Reporter 94 (Fall, 2020) |
As the COVID-19 pandemic has swept the world leaving millions infected, hundreds of thousands dead, and most economies in tatters, a question that has gone largely unanswered is whether toxic air pollution has been a culprit in helping spread the virus. What effects, if any, have high levels of toxic air pollution in communities of color had on the... |
2020 |
| Barry E. Hill |
ENVIRONMENTAL RIGHTS, PUBLIC TRUST, AND PUBLIC NUISANCE: ADDRESSING CLIMATE INJUSTICES THROUGH STATE CLIMATE LIABILITY LITIGATION |
50 Environmental Law Reporter (ELI) 11022 (December, 2020) |
This Article focuses on an area of rapidly evolving jurisprudence--climate liability litigation. It examines in depth the state attorney general's complaint filed in Rhode Island v. Chevron Corp. in 2018, alleging various state-law tort claims. It explores the intensely sustained legal battles taking place between states and fossil fuel companies... |
2020 |
| Rachael Jaffe |
EQUITY & ECOLOGY IN SOUTH AFRICAN WATER SYSTEMS |
23 University of Denver Water Law Review 147 (Spring, 2020) |
The South African Constitution promises food, water, and shelter to every South African--three essentials to human life. Yet, not everyone in South Africa has access to these imperative basics. South Africa's idealistic Constitution guarantees the right to sufficient food and water and access to adequate housing. However, despite this promise,... |
2020 |
| Joshua Ozymy , Melissa L. Jarrell |
EXPLORING THE ROLE OF VICTIMS IN FEDERAL ENVIRONMENTAL CRIME PROSECUTIONS, 1983-2019 |
57 Willamette Law Review 25 (Fall, 2020) |
While individuals are victimized directly or as a consequence of environmental crimes in the United States, little is known about these victims or the role their victimization plays in federal environmental crime prosecutions. Through content analysis of 2,588 of the Environmental Protection Agency's criminal prosecution case summaries, 1983-2019,... |
2020 |
| Dani L. Replogle |
FORECASTING CLIMATE CHAOS: NEPA'S ROLE IN COUNTERING FOSSIL FUEL EXTRACTION ON PUBLIC LANDS |
50 Environmental Law 523 (Spring, 2020) |
This Comment dissects an influential line of cases out of the Tenth Circuit in order to better understand how courts are holding federal agencies accountable for the climatic effects of fossil fuel extraction on public lands. While the judiciary is beginning to require that agencies quantify downstream emissions and consider the impacts of these... |
2020 |
| Elena D. Gartner |
FROM CIVIL RIGHTS TO HUMAN RIGHTS: THE PANDEMIC'S AFTERMATH REQUIRES ENVIRONMENTAL AND REPRODUCTIVE JUSTICE MECHANISMS TO REINFORCE GLOBAL PUBLIC HEALTH |
24 Human Rights Brief 42 (Summer, 2020) |
C1-2Table of Contents Introduction. 43 I. There Are Shared Strategic Interests Between Environmental and Reproductive Justice Movements.. 44 II. The Reproductive and Environmental Justice Movements Breathe Life into International Environmental Legal Efforts.. 46 III. Tackling Global Health, Environmental, and Reproductive Injustice Is Possible... |
2020 |
| Diana Stanley |
HATCHING A PLAN FOR LOCAL COMMUNITIES: ENVIRONMENTAL JUSTICE IN POULTRY SITING DECISIONS |
10 Washington Journal of Environmental Law & Policy 32 (June, 2020) |
One of the implementation problems for environmental justice is reconciling the need to protect public health with the economic realities of struggling communities. This article explores that tension through the lens of siting decisions for large scale poultry operations in rural communities. Poultry siting decisions have major economic and... |
2020 |
| Kenneth Stahl |
HOME RULE AND STATE PREEMPTION OF LOCAL LAND USE CONTROL |
50 Urban Lawyer 179 (2020) |
Though local governments have historically made most land-use decisions, the housing crisis now gripping many parts of the country has caused state legislatures in places like California, Oregon, Maryland, and Virginia to consider a more assertive role in regulating land use, preempting some local authority. The conflict between states and... |
2020 |
| Lauren E. Bartlett |
HUMAN RIGHTS GUIDANCE FOR ENVIRONMENTAL JUSTICE ATTORNEYS |
97 University of Detroit Mercy Law Review 373 (Spring, 2020) |
I. Introduction. 374 II. Historical Context. 378 i. Environmental Justice Movement. 379 ii. Movement for Environmental Human Rights. 386 III. Environmental Human Rights Law: An Overview. 392 i. Treaties. 394 ii. Customary International Law. 397 iii. Constitutions and Statutes. 399 iv. Case Law. 404 1. Inter-American Human Rights System. 405 2.... |
2020 |
| Nadiyah J. Humber |
IN WEST PHILADELPHIA BORN AND RAISED OR MOVING TO BEL-AIR? RACIAL STEERING AS A CONSEQUENCE OF USING RACE DATA ON REAL ESTATE WEBSITES |
17 Hastings Race and Poverty Law Journal 133 (Winter, 2020) |
Current fair housing laws are not entirely equipped to deal with issues of housing discrimination on the internet, particularly the practice of racial steering, where a homebuyer is directed away from certain communities based on racial demographics. Courts interpret these kind of steering claims as requiring a showing of discriminatory intent, yet... |
2020 |
| Kylie M. Allen |
IndigenOUS NUCLEAR INJURIES AND THE RADIATION EXPOSURE COMPENSATION ACT (RECA): REFRAMING COMPENSATION TOWARD IndigenOUS-LED ENVIRONMENTAL REPARATIONS |
10 Arizona Journal of Environmental Law & Policy 264 (Spring, 2020) |
Indigenous Nations have borne a wide array of harms as a result of U.S. nuclear policy. The extraction and processing of nuclear materials and testing of nuclear weapons have caused extensive health problems for Indigenous Peoples. Given that most nuclear facilities are located on tribal and traditional lands, Indigenous Peoples have been... |
2020 |
| Alyson C. Flournoy |
INTEGRATIVE ENVIRONMENTAL LAW: A PRESCRIPTION FOR LAW IN THE TIME OF CLIMATE CHANGE |
30 Duke Environmental Law and Policy Forum 225 (Spring, 2020) |
As the magnitude of the threat posed by climate change has become increasingly apparent, scholars and practitioners have begun a dialogue about how to reform environmental law to meet the challenge. Concepts like adaptive management, sustainability, and resilience have emerged in succession, as policy makers and scholars search for new moorings for... |
2020 |
| Dana Zartner, JD, LLM, Ph.D. |
JUSTICE FOR JURISTAC: USING INTERNationAL AND COMPARATIVE LAW TO PROTECT IndigenOUS LANDS |
18 Santa Clara Journal of International Law 175 (June 3, 2020) |
Battles between extractivist industries and indigenous peoples and environmentalists are raging around the world, as well as in our own backyard. At the southern end of the Santa Cruz Mountains in an area called Sargent Ranch, the Amah Mutsun Tribal Band is currently fighting to prevent the creation of a sand and gravel mine on their sacred lands.... |
2020 |
| Coty Montag |
LIEN IN: CHALLENGING MUNICIPALITIES' DISCRIMINATORY WATER PRACTICES UNDER THE FAIR HOUSING ACT |
55 Harvard Civil Rights-Civil Liberties Law Review 199 (Winter, 2020) |
Our nation's failing infrastructure and cities' financial woes have led to a dramatic rise in the cost of water across the United States. Many families are unable to pay these higher bills and face disproportionately harsh consequences as a result. While laws vary by jurisdiction, some municipalities place liens on homes for unpaid water debt. Once... |
2020 |
| Michael T. Olexa , Lauren Hill , Travis M. Walker , Damian C. Adams |
LIMITATIONS TO STATEWIDE REACH OF LAND GRANT UNIVERSITIES - FLORIDA AS A CAUTIONARY TALE |
25 Drake Journal of Agricultural Law 323 (Fall, 2020) |
324 I. Introduction. 324 II. The Creation of the Land Grant College System. 327 A. Justin Morrill's Personal Struggles to Achieve Upper-Level Education. 328 B. The Morrill Act of 1862. 329 C. The Morrill Act of 1890. 333 D. Extending the Land Grant College Beyond the Four Walls of the School--The Hatch Smith-Lever Acts. 337 1. The... |
2020 |
| Lily Grisafi |
LIVING IN THE BLAST ZONE: SEXUAL VIOLENCE PIPED ONTO NATIVE LAND BY EXTRACTIVE INDUSTRIES |
53 Columbia Journal of Law and Social Problems 509 (Summer, 2020) |
Native American women around the country, and particularly those living near extractive industries, face an epidemic of sexual violence. The high rates of violence against Native women are due in large part to the lack of liability for those most responsible. Flaws in United States and tribal criminal justice systems create de facto jurisdictional... |
2020 |
| Sarah Fox |
LOCALIZING ENVIRONMENTAL FEDERALISM |
54 U.C. Davis Law Review 133 (November, 2020) |
Local environmental initiatives have gained attention and importance in the face of inaction by the federal government and many states. In taking these initiatives, local governments are not only furthering environmental protections, but also fulfilling an important federalism function. Environmental federalism theory has long highlighted the... |
2020 |
| Sarah Dávila-Ruhaak |
MAKING A CASE FOR THE RIGHT TO A HEALTHY ENVIRONMENT FOR THE PROTECTION OF VULNERABLE COMMUNITIES: A CASE OF COAL-ASH DISASTER IN PUERTO RICO |
9 Michigan Journal of Environmental & Administrative Law 379 (Spring, 2020) |
The connection between the environment and human rights is not a surprising one. The enjoyment of human rights depends on a person's ability to live free from interference and to have his or her rights protected. The interdependence of human rights and the protection of the environment is manifested in the full and effective enjoyment of the right... |
2020 |
| Zora Djenohan |
MAKING WAY FOR UNJUST ENRICHMENT IN ENVIRONMENTAL JUSTICE LITIGATION |
67 Loyola Law Review 223 (Fall, 2020) |
C1-2TABLE OF CONTENTS INTRODUCTION. 223 I. ENVIRONMENTAL JUSTICE: NATIONAL AND LOCAL IMPLICATIONS. 225 II. THE LEGAL THEORY OF UNJUST ENRICHMENT. 234 A. Historical Roots of Unjust Enrichment. 234 B. Unjust Enrichment in the Environmental Litigation Context. 237 III. MAKING A PATH FOR THE POLLUTION EASEMENT: UNJUST ENRICHMENT IN LOUISIANA. 240... |
2020 |
| Coty Montag |
MUNICIPAL POWER AND RACIAL INJUSTICE: SOLUTIONS FOR WATER DISCRIMINation |
34-SPG Natural Resources & Environment 16 (Spring, 2020) |
Albert Pickett, a Black man and lifelong resident of East Cleveland, Ohio, has lived without running water in his home for six years. Pickett v. City of Cleveland, No. 19-cv-2911, Complaint at 23 (N.D. Ohio Dec. 18, 2019), naacpldf.org/wp-content/uploads/Pickett-Filed-Complaint.pdf. His sole income is disability benefits. Pickett owns and lives in... |
2020 |
| Martin A. McCrory , Anjanette H. Raymond |
NAVIGATING MURKY WATERS: THE RISE AND FALL OF CLEAN WATER PROTECTION IN THE UNITED STATES |
29 Southern California Review of Law & Social Justice 143 (Summer, 2020) |
In rivers, the water that you touch is the last of what has past and the first of that which comes . According to water quality and monitoring violations from the Environmental Protection Agency (EPA), an estimated 63 million people in America were exposed to potentially unsafe water more than once during the past decade. These failures have... |
2020 |
| Joshua Ozymy , Melissa L. Jarrell |
OF SEX CRIMES AND FENCELINES: HOW RECOGNITION OF ENVIRONMENTAL JUSTICE COMMUNITIES AS CRIME VICTIMS UNDER STATE AND FEDERAL LAW CAN HELP SECURE ENVIRONMENTAL JUSTICE |
38 Pace Environmental Law Review 109 (Fall, 2020) |
Environmental justice communities throughout the United States continue to face disproportionate health burdens from living near industrial sources of pollution. Such burdens were caused by historically racist public policies and continue to be perpetuated by inadequate regulatory responses at the federal and state level. State and federal law has... |
2020 |
| Michael Chachura |
OLD PIPES IN BRICK CITY: EQUAL PROTECTIONS & THE NEWARK WATER CRISIS |
22 Rutgers Race & the Law Review 123 (2020) |
This note addresses the current water crisis in Newark, New Jersey and the unique ways in which the crisis can be solved. Residents of Newark have been harmed by the crisis and can employ environmental justice and constitutional principles to seek relief. These environmental justice principles could also be applied to other cities when this... |
2020 |
| Sacred B. Huff |
OVERCOMING ENVIRONMENTAL RACISM: A LESSON FROM THE VOTING RIGHTS ACT OF 1965 |
11 George Washington Journal of Energy & Environmental Law 22 (Summer, 2020) |
By March 2016, the Flint, Michigan Water Crisis dominated national news. Headlines describing how the city's drinking water had become lead-contaminated after local officials switched the city's water source to save money sparked a new round of conversation about the regulation of pollution. Yet, environmental justice advocates maintain that... |
2020 |
| Lily Grisafi |
PROSECUTING INTERNationAL ENVIRONMENTAL CRIME COMMITTED AGAINST IndigenOUS PEOPLES IN BRAZIL |
5 Columbia Human Rights Law Review Online 26 (November 10, 2020) |
This Article investigates current international environmental crimes perpetrated against the indigenous peoples of the Brazilian Amazon and details how and why these crimes must be investigated and prosecuted at the International Criminal Court (ICC). First, this Article illustrates the severity of the environmental crimes in the Brazilian Amazon,... |
2020 |
| Henry Holmes |
PROTECTING WETLANDS: ENVIRONMENTAL FEDERALISM AND GRASSROOTS CONSERVATION IN THE PRAIRIE POTHOLE REGION |
10 Arizona Journal of Environmental Law & Policy 365 (Summer, 2020) |
Wetlands provide a multitude of benefits including flood protection, clean water, carbon sequestration, and critical species habitat. Given that wetlands are valuable natural resources, it is important to better understand the extent to which federal regulation impacts optimal wetlands conservation. Where federal regulation under the 2015 Clean... |
2020 |
| Jack Brooksbank |
PUBLIC HEALTH vs. PUBLIC HEALTH: BALANCING ENVIRONMENTAL CONCERNS WITH THE NEED FOR STERILE MEDICAL DEVICES |
21 Minnesota Journal of Law, Science & Technology 441 (September 11, 2020) |
In December 2016, the Environmental Protection Agency (EPA) upgraded the hazard level of a chemical called ethylene oxide (ETO) from a probable human carcinogen to a human carcinogen. Less than two years later, the EPA made public that it had found an elevated risk of cancer in the town of Willowbrook, Illinois. Willowbrook is a village on the... |
2020 |
| Leora Friedman |
RECOMMENDING JUDICIAL RECONSTRUCTION OF TITLE VI TO CURB ENVIRONMENTAL RACISM: A RECKLESSNESS-BASED THEORY OF DISCRIMINATORY INTENT |
32 Georgetown Environmental Law Review 421 (Winter, 2020) |
Environmental racism involves the federal government's sponsorship or licensing of private entities that discharge environmental hazards (such as air pollution flowing from nuclear power plants) in communities largely comprised of minority races or ethnicities. It also includes federal funding of state agencies involved with these private projects.... |
2020 |
| D. Lee Miller , Ryke Longest |
RECONCILING ENVIRONMENTAL JUSTICE WITH CLIMATE CHANGE MITIGATION: A CASE STUDY OF NC SWINE CAFOS |
21 Vermont Journal of Environmental Law 523 (Spring, 2020) |
Introduction: the Big Pig Problem. 523 Chapter I: Rise of the Resistance. 526 Chapter II: New Actors Change Strategic Landscape. 532 Title VI Complaint. 532 Nuisance Suits. 533 Corporate Sustainability. 536 Chapter III: Reconciling Climate Change Mitigation with Environmental Justice. 539 Conclusion. 542 |
2020 |
| Jonathan Rosenbloom |
REDUCING RACIAL BIAS EMBEDDED IN LAND USE CODES |
26 CITYLAW 49 (2020) |
Even though the Supreme Court struck down race-based land use controls over a hundred years ago in Buchanan v. Warley, 245 U.S. 60 (1917) it has long been known that zoning continues to create or increase racial and economic segregation. Today communities across the U.S. are reexamining their zoning regulations to create more equal, equitable,... |
2020 |