Karl S. Coplan THE MISSING ELEMENT OF ENVIRONMENTAL COST-BENEFIT ANALYSIS: COMPENSATION FOR THE LOSS OF REGULATORY BENEFITS 30 Georgetown Environmental Law Review 281 (Winter, 2018) Despite its critics, cost-benefit analysis remains a fixture of the environmental regulation calculus. Most criticisms of cost-benefit analysis focus on the impossibility of monetizing environmental and health amenities protected by regulations. Less attention has been paid to the regressive wealth-transfer effects of regulations foregone based on... 2018
John H. Knox THE PAST, PRESENT, AND FUTURE OF HUMAN RIGHTS AND THE ENVIRONMENT 53 Wake Forest Law Review 649 (Fall, 2018) C1-2Table of Contents I. Introduction. 649 II. A Short History of Human Rights and the Environment. 649 III. The Present State of Environmental Human Rights Law. 654 IV. Possible Futures for Human Rights and the Environment. 662 2018
Andrew Schrack THE SHIFTING LANDSCAPE OF ANCESTRAL LANDS: TribAL GATHERING OF TRADITIONAL PLANTS IN NationAL PARKS 9 Arizona Journal of Environmental Law & Policy 1 (Fall, 2018) I. Introduction. 1 II. Historical Gathering Rights in National Parks. 2 A. Treaties. 3 B. Congressional Acts and Presidential Proclamations. 5 C. Agreements. 7 III. Shifting Legal Landscape. 10 A. 2016 Regulatory Changes. 12 1. Criticism of the Regulations. 15 IV. Eastern Band of Cherokee Indians Case Study. 17 A. United States v. Burgess. 20 B.... 2018
Sydney Donovan, Alexandra Tressler, Michael Larrick THE UNIVERSITY OF DENVER WATER LAW REVIEW ELEVENTH ANNUAL SYMPOSIUM: FORGING SOVEREIGNTY, SELF DETERMINation, AND SOLIDARITY THROUGH WATER LAW 21 University of Denver Water Law Review 291 (Spring, 2018) Denver, Colorado March 30, 2018 2018
Kyle J. Conway THERE'S SOMETHING IN THE WATER: HOW APATHETIC STATE OFFICIALS LET THE PEOPLE OF FLINT, MICHIGAN DOWN 29 Villanova Environmental Law Journal 57 (2018) In February 2015, a rash appeared on Lee-Anne Walters' children due to bathing in water drawn from the Flint River. The family first began to avoid ingesting the water almost four months prior due to its abnormal qualities--a harsh brown tint and unsettling odors that could not be ignored. After an inspection, the Michigan Department of... 2018
Diana Kearney TRANSFORMING ADVERSARY TO ALLY: MOBILIZING CORPORATE POWER FOR LAND RIGHTS 27 Journal of Transnational Law & Policy 97 (2017-2018) I. Introduction. 97 II. The Global Land Rush. 104 A. The Scale. 104 B. The Cast. 106 C. The Titled Solution. 111 III. Corporate Obligations on Land Tenure. 115 A. Corporate Due Diligence: Current Practice and International Human Rights Law Obligations. 116 B. Due Diligence on Land. 122 C. The Lawyer's Role: Implementing UNGPs and Land Due... 2018
Lane Kaiwi Opulauoho TRUST LANDS FOR THE NATIVE HAWAIIAN Nation: LESSONS FROM FEDERAL Indian LAW PRECEDENTS 43 American Indian Law Review 75 (2018) From time immemorial, Native Hawaiians, the aboriginal peoples who settled the isolated Hawaiian Archipelago surrounded by the vast Pacific Ocean, have lived and prospered. These peoples provided the foundation of a nation that exercised sovereignty over these islands. This jurisdiction has had several titles: first, the Hawaiian Kingdom, a... 2018
Susan M. Larned WATER IS LIFE: THE NATIVE AMERICAN TribAL ROLE IN PROTECTING NATURAL RESOURCES 8 Barry University Environmental and Earth Law Journal 52 (2018) So, the monarch [butterfly] is also part of the protest, part of the movement, with its drumbeat reverberating across the planet. The tribal peoples of Earth are making their voices heard in so many ways. Their mission is to reconnect the modern world with the circle of life--a circle that much of humanity left behind maybe ten millennia ago, in... 2018
Reginald L. Streater ZIMBABWE'S STRUGGLE TO BREAK THE CHAINS OF COLONIALISM: SELF-DETERMINation, LAND REFORM, AND INTERNationAL LAW 33 Temple International and Comparative Law Journal 119 (Fall, 2018) Zimbabwe--like most African Post-Colonial nation states--has been criticized and castigated for exercising its legal rights to self-determination, autonomy and sovereignty over land and resources--especially when these conflict with the economic and/or geo-political interests of the West, or white expats who once dominated these former colonies.... 2018
Melody Kapilialoha MacKenzie , D. Kapua'ala Sproat A COLLECTIVE MEMORY OF INJUSTICE: RECLAIMING HAWAI'I'S CROWN LANDS TRUST IN RESPONSE TO JUDGE JAMES S. BURNS 39 University of Hawaii Law Review 481 (Summer, 2017) I ka lelo no ke ola, i ka lelo no ka make. Words can heal; words can destroy. I. INTRODUCTION. 482 II. COLLECTIVE MEMORY'S VITAL ROLE IN SHAPING THE PUBLIC'S UNDERSTANDING OF HISTORY AND NATIVE HAWAIIAN RIGHTS' CLAIMS. 487 A. Understanding Collective Memory. 487 B. Collective Memory's Power and Potential. 492 1. Collective memory's practical... 2017
Emily M. Hoyle A POOL OF CANDIDATES WHO REFUSE TO SWIM: THE 2016 PRESIDENTIAL ELECTION AND THE DEMISE OF TESTING THE WATERS 85 George Washington Law Review 312 (January, 2017) In the 2016 presidential election, many candidates delayed announcing their candidacy until long after anyone who was paying attention realized that they were considering a run for office. In the past, these candidates may have been considered to be testing the waters, a special status proscribed by the Federal Election Campaign Act (FECA) that... 2017
Nicky Sheats ACHIEVING EMISSIONS REDUCTIONS FOR ENVIRONMENTAL JUSTICE COMMUNITIES THROUGH CLIMATE CHANGE MITIGATION POLICY 41 William and Mary Environmental Law and Policy Review 377 (Winter, 2017) The Clean Power Plan rule is the U.S. Environmental Protection Agency's (EPA) regulatory method of reducing the nation's carbon dioxide emissions and, by doing so, of fighting climate change. There was very little in the original Clean Power Plan proposal that addressed environmental justice (EJ) using section 111(d) of the Clean Air Act as... 2017
David A. Dana , Deborah Tuerkheimer AFTER FLINT: ENVIRONMENTAL JUSTICE AS EQUAL PROTECTION 111 Northwestern University Law Review Online 93 (January 17, 2017) The lead crisis in Flint, Michigan has captivated the nation, prompting calls for reform. For its part, the United States Environmental Protection Agency (EPA) recently reaffirmed that environmental justice is a priority. Even so, the discourse surrounding Flint's aftermath has been surprisingly unimaginative. We offer a somewhat different way of... 2017
David A. Dana, Deborah Tuerkheimer AFTER FLINT: ENVIRONMENTAL JUSTICE AS EQUAL PROTECTION 111 Northwestern University Law Review 879 (2017) This Essay conceptualizes the Flint water crisis as an archetypical case of underenforcement--that is, a denial of the equal protection of laws guaranteed by the U.S. Constitution. Viewed as such, the inadequacy of environmental regulation can be understood as a failure that extends beyond the confines of Flint; a failure that demands a... 2017
Shelley Cavalieri BACK TO THE BASICS: LESSONS FROM U.S. PROPERTY LAW FOR LAND REFORM 95 Denver Law Review 73 (Fall, 2017) Redistributive land reform programs are a central development approach in nations of the global south. For proponents of land reform, land redistribution is an obvious strategy, designed to reduce hunger and poverty, to bolster citizens' ability to support themselves and their families, and to shape the future of burgeoning democracies worldwide.... 2017
Lucia A. Silecchia CONFLICTS AND LAUDATO SI': TEN PRINCIPLES FOR ENVIRONMENTAL DISPUTE RESOLUTION 33 Journal of Land Use & Environmental Law 61 (Fall, 2017) I. Introduction to the Problem. 61 II. Laudato Si' and Environmental Dispute Resolution. 67 A. Principle One: Stakeholder Involvement Should Be Expansive. 68 B. Principle Two: Environmental Issues Should Be Defined Broadly. 71 C. Principle Three: Intergenerational Obligations Are Sacred and Need Protection. 73 D. Principle Four: The Rule of Law... 2017
Richard A. Marcantonio, Aaron Golub, Alex Karner, Louise Nelson Dyble CONFRONTING INEQUALITY IN METROPOLITAN REGIONS: REALIZING THE PROMISE OF CIVIL RIGHTS AND ENVIRONMENTAL JUSTICE IN METROPOLITAN TRANSPORTATION PLANNING 44 Fordham Urban Law Journal 1017 (August, 2017) Introduction. 1018 I. The Metropolitan Region and Regional Inequity. 1022 A. Early Suburbanization. 1023 B. White Flight, Subsidized Post-War Suburbanization, and Effects on Central Cities. 1024 1. Federal Transportation Policy Accelerates Suburbanization and Wreaks Urban Destruction. 1026 2. Increasing Citizen Participation and the Emergence of... 2017
Andrea C. Armstrong DEATH ROW CONDITIONS THROUGH AN ENVIRONMENTAL JUSTICE LENS 70 Arkansas Law Review 203 (2017) Glenn Ford lived on death row at Louisiana State Penitentiary for twenty-nine years, three months and five days. Typically, he was confined in his cell for at least twenty-three hours of a given day, seven days a week. Glenn was convicted of the armed robbery and murder of Isadore Rozeman. After prosecutors Martin Stroud and Carey Schimpf used six... 2017
Kirsten H. Engel DEMOCRATIC ENVIRONMENTAL EXPERIMENTALISM 35 UCLA Journal of Environmental Law & Policy 57 (2017) Scholars of democratic experimentalism and new governance rightly criticize the static allocations of authority found in the American traditional federalism framework for its rigidity and potential to stifle innovation at the state and local levels. Nevertheless, this critique underappreciates the level of experimentation harbored by this... 2017
Raymond Cross DEVELOPMENT'S VICTIM OR ITS BENEFICIARY?: THE IMPACT OF OIL AND GAS DEVELOPMENT ON THE FORT BERTHOLD Indian RESERVATION 38 Public Land & Resources Law Review 249 (2017) I. Introduction. 250 II. Why Development is Different on the Fort Berthold Indian Reservation. 255 A. The Tribal People's Unbreakable Geographic Ties to the Fort Berthold Indian Reservation. 257 1. Their Treaty-Based Geographic Ties to Fort Berthold. 258 2. Their Territorially-Based Rights of Sovereignty Within Fort Berthold. 259 3. Their... 2017
Felycia Itza ENVIRONMENTAL EDUCATION IN THE EVERY STUDENT SUCCEEDS ACT AND THE ROLE OF ADVOCATES 29 Georgetown Environmental Law Review 417 (Winter, 2017) In December of 2015, the Every Student Succeeds Act was signed into law. For the first time ever, a federal education statute will provide funding for environmental education. Although exciting, this new statute will require additional effort by advocates to realize the full potential of the Act. The new law allows states to choose environmental... 2017
Shannon Elizabeth Bell ENVIRONMENTAL INJUSTICE AND THE PURSUIT OF A POST-CARBON WORLD: THE UNINTENDED CONSEQUENCES OF THE CLEAN AIR ACT AS A CAUTIONARY TALE FOR SOLAR ENERGY DEVELOPMENT 82 Brooklyn Law Review 529 (Winter, 2017) The combustion of fossil fuels (coal, oil, and gas) and, to a lesser extent, changes in land cover, have led to a rise in greenhouse gasses (GHG) in the atmosphere and an increase in global average surface temperatures. This human-induced warming is causing dramatic changes in the climate that are manifesting in numerous ways throughout the world,... 2017
Joshua V. Berliner ENVIRONMENTAL INJUSTICE/RACISM IN FLINT, MICHIGAN: AN ANALYSIS OF THE BODILY INTEGRITY CLAIM IN MAYS v. SNYDER AS COMPARED TO OTHER ENVIRONMENTAL JUSTICE CASES 35 Pace Environmental Law Review 108 (Fall, 2017) L1-2TABLE OF CONTENTS I. Introduction 109 II. Summary of Alleged Facts from the Complaint 112 III. The Case Law on Bodily Integrity Claims 115 A. 42 U.S.C. ยง 1983 and Bodily Integrity Generally 115 B. Bodily Integrity Claims in the Environmental Justice Context 116 IV. The Flint Residents' Bodily Integrity Claim 118 V. Applying the Case Law to... 2017
Cecilia Martinez ENVIRONMENTAL JUSTICE AND THE CLEAN POWER PLAN: THE CASE OF ENERGY EFFICIENCY 41 William and Mary Environmental Law and Policy Review 605 (Spring, 2017) The U.S. Environmental Protection Agency (EPA) issued the Clean Power Plan (CPP) in August 2015, and is the first major federal regulation to address climate change. The CPP is a landmark rule, setting carbon dioxide (CO2) standards on existing power plants in the U.S. The promise of the CPP is to reduce CO2 by 32% from 2005 levels in 2030.... 2017
Elizabeth Ann Kronk Warner ENVIRONMENTAL JUSTICE: A NECESSARY LENS TO EFFECTIVELY VIEW ENVIRONMENTAL THREATS TO IndigenOUS SURVIVAL 26 Transnational Law & Contemporary Problems 343 (Summer, 2017) I. Introduction. 343 II. Environmental Justice and Indigenous Communities. 344 A. Tribal Sovereignty. 346 B. Federal Trust Relationship with Native Nations. 348 C. Unique Tribal Connection to the Land and Environment. 350 D. International Considerations. 351 III. Case Study: Protest of the Dakota Access Pipeline. 355 IV. Case Study: Negative... 2017
Carmen G. Gonzalez ENVIRONMENTAL RACISM, AMERICAN EXCEPTIONALISM, AND COLD WAR HUMAN RIGHTS 26 Transnational Law & Contemporary Problems 281 (Summer, 2017) I. International Law in U.S. Courts Before World War II. 285 II. Cold War Human Rights. 288 A. International Human Rights at the United Nations: The U.N. Human Rights Petitions. 290 B. International Human Rights Law in the United States. 294 III. The Mossville Case Study. 298 A. U.S. Environmental and Antidiscrimination Law. 301 B. The Mossville... 2017
Jin Hyung Lee ESTABLISHING APPLICABLE WATER QUALITY STANDARDS FOR SURFACE WATERS ON Indian RESERVATIONS 66 Emory Law Journal 965 (2017) The Clean Water Act is the foundational water law in the United States. It seeks to protect the nation's waters through establishing programs that limit pollutant discharge into surface waters. Water quality standards serve an essential role in protecting the surface waters of the United States because they set effluent limitations necessary to... 2017
Tracy-Lynn Humby EVALUATING THE VALUE OF TWAIL, ENVIRONMENTAL JUSTICE, AND DECOLONIZATION DISCOURSES AS FRAMING LENSES FOR INTERNationAL ENVIRONMENTAL LAW 26 Transnational Law & Contemporary Problems 317 (Summer, 2017) Third World Approaches to International Law (TWAIL) and environmental justice have been used as lenses to critique and reform international law and international environmental law. This contribution examines the analytical value of these framing lenses alongside the value of the discourse of decolonization and Fallism associated with South... 2017
Uma Outka FAIRNESS IN THE LOW-CARBON SHIFT: LEARNING FROM ENVIRONMENTAL JUSTICE 82 Brooklyn Law Review 789 (Winter, 2017) The environmental justice movement in the United States forged a pivotal connection among concerns for social justice, civil rights, and environmental protection. At a time when the federal environmental statutes enacted in the early 1970s were beginning to mature, the movement drew critical attention to the disproportionate environmental harm... 2017
Clifford J. Villa FIGHTING FOR ENVIRONMENTAL JUSTICE: THE LIFE AND WORK OF PROFESSOR EILEEN GAUNA 57 Natural Resources Journal 519 (Summer, 2017) Among the many fans of Emerita Professor Eileen Gauna, I probably have one of the thinnest claims to the honor of composing this tribute, having only spent one year with Professor Gauna before her official retirement from the University of New Mexico (UNM) law faculty in 2016. And yet, I would not be here on the UNM law faculty were it not for... 2017
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