Clifford J. Villa REMAKING ENVIRONMENTAL JUSTICE 66 Loyola Law Review 469 (Summer, 2020) From movements for civil rights in the 1960s and environmental protection in the 1970s, the environmental justice movement emerged in the 1980s and 1990s to highlight the disparate impacts of pollution, principally upon people of color and low-income communities. Over time, the scope of environmental justice expanded to address concerns for other... 2020
Rebecca Bratspies RENEWABLE RIKERS: A PLAN FOR RESTORATIVE ENVIRONMENTAL JUSTICE 66 Loyola Law Review 371 (Summer, 2020) These bills could represent the dawn of a new era for millions of New Yorkers and also a blueprint on how a green and sustainable city could operate in the twenty-first century, This paper makes the case that the City of New York should use the closure of its Rikers Island jail as a moment for restorative environmental justice. The very name... 2020
Meghan Knapp ROMANI WOMEN'S RIGHT TO WATER: BRINGING INTERSECTIONAL DISCRIMINation CLAIMS IN THE E.U. 29 Minnesota Journal of International Law 151 (Spring, 2020) Water, water every where, nor any drop to drink. Coleridge's famous words reflected the situation of sailors on a ship, but the words hold true for the situation of many on land today. 2.1 billion people lack access to safe drinking water at home, and by 2025, half of the world will live in a water-stressed area. While the mind may more readily... 2020
Hannah Lustman SICK UNCERTAINTY: HOW EXECUTIVE THREATS TO EPA PROGRAMS FOR THE U.S.-MEXICO BORDER THREATEN ENVIRONMENTAL JUSTICE 10 Arizona Journal of Environmental Law & Policy 465 (Summer, 2020) The U.S.-Mexico Border is in the midst of a decades-long environmental health crisis. Unsafe and discriminatory land use practices, pollution, and lacking infrastructure are among the problems causing Border residents to become sick. They suffer from third world health afflictions in the Southwest corner of the first world. Because residents of... 2020
Thomas O. McGarity SUPPLEMENTAL ENVIRONMENTAL PROJECTS IN COMPLEX ENVIRONMENTAL LITIGATION 98 Texas Law Review 1405 (June, 2020) After an anonymous source tipped the Environmental Protection Agency (EPA) off to a site operated by the Massachusetts Highway Department (MHD) containing unlabeled barrels, corroded drums, and stained soil, EPA found similar conditions at several MHD disposal sites that violated state and federal environmental laws. An EPA enforcement official... 2020
Karen J. Pita Loor TEAR GAS + WATER HOSES + DISPERSAL ORDERS: THE FOURTH AMENDMENT ENDORSES BRUTALITY IN PROTEST POLICING 100 Boston University Law Review 817 (May, 2020) Thirty years ago, in Graham v. Connor, the Supreme Court determined that excessive-force claims against police should proceed via the Fourth Amendment, which theoretically protects an individual against unreasonable siezures. However, the Court showed extreme deference to law enforcement's use of force by using a permissive reasonableness analysis... 2020
Rebecca Bratspies 'TERRITORY IS EVERYTHING': AFRO-COLOMBIAN COMMUNITIES, HUMAN RIGHTS AND ILLEGAL LAND GRABS 4 Columbia Human Rights Law Review Online 290 (May 27, 2020) In Colombia, the struggle over land rights often pits the cultural and economic interests of indigenous and marginalized peoples against the governments that are supposed to protect their rights under law. Rural Afro-Colombian women seeking to vindicate their land rights find themselves at the mercy of multiple vectors of discrimination: they are... 2020
Kenneth R. Davis THE "SEVERE AND PERVERS-IVE" STANDARD OF HOSTILE WORK ENVIRONMENT LAW: BEHOLD THE MOTIVATING FACTOR TEST 72 Rutgers University Law Review 401 (Winter, 2020) C1-2Table of Contents Introduction. 402 I. Individual Disparate Treatment Law. 407 A. Dual Tracks for Resolving Individual Disparate Treatment Cases. 408 1. McDonnell Douglas Corp. v. Green: Pretext Cases. 408 2. Price Waterhouse v. Hopkins: Mixed-Motive Cases. 410 3. The Civil Rights Act of 1991: Codification of the Motivating Factor Test. 414 4.... 2020
Hope M. Babcock THE CURRENT ROLE OF THE ENVIRONMENT IN REINFORCING ACTS OF DOMESTIC TERRORISM: HOW FEAR OF A CLIMATE CHANGE APOCALYPSE MAY STRENGTHEN RIGHT-WING HATE GROUPS 38 Virginia Environmental Law Journal 207 (2020) Right-wing extremist organizations, like white supremacists and nativists, are using the environment as a rallying cry to gain supporters of their anti-social agendas. Apocalyptic rhetoric about climate change and the lack of action to combat it has frightened some people into accepting the simplistic, violent worldview of these groups. Although... 2020
Scott Murphy THE DEVELOPMENT OF IndigenOUS ENVIRONMENTAL LAW IN THE UNITED STATES: FROM THE NINETEENTH CENTURY TO THE DAKOTA ACCESS PIPELINE CONTROVERSY 10 Chicago-Kent Journal of Environmental and Energy Law 60 (Fall, 2020) The area of Indigenous land rights highlights the intersection of environmental law and human rights law. This is due to the intimate connection many Indigenous communities perceive between themselves and nature. Indigenous peoples have struggled to achieve justice through the modern legal system, due in good part to the unreceptiveness of Western... 2020
Nicholas J. Schroeck THE FLINT WATER CRISIS, DRINKING WATER REGULATIONS AND GAPS IN LEAD, COPPER, AND LEGIONELLA PROTECTIONS 97 University of Detroit Mercy Law Review 509 (Spring, 2020) The Flint Water Crisis was an entirely preventable environmental and public health disaster. The City of Flint is majority African American and nearly half the population lives below the federal poverty line. Because of these demographics, Flint is considered an environmental justice community. Environmental justice communities are characterized as... 2020
Bain Attwood THE LIMITS OF THE LAW IN CLAIMING RIGHTS TO LAND IN A SETTLER COLONY: SOUTH AUSTRALIA IN THE EARLY-TO-MID NINETEENTH CENTURY 38 Law and History Review 631 (November, 2020) In the closing decades of the twentieth century, as indigenous peoples in the United States, Canada, Australia, and New Zealand increasingly filed legal suits to regain their lands or win compensation for lands that they had lost, scholars increasingly devoted themselves to the task of explaining the ways in which European powers had laid claim to... 2020
Brigham Daniels , Andrew P. Follett , Joshua Davis THE MAKING OF THE CLEAN AIR ACT 71 Hastings Law Journal 901 (May, 2020) The 1970 Clean Air Act is arguably Congress' most important environmental enactment. Since it became law fifty years ago, much could be and has been said about how it has changed both the physical environment and the contours of environmental law. Much less, however, has been written on the genesis of the Act itself. Where its history is discussed,... 2020
Jack Davis THE PUBLIC USE OF REPARATIONS: HOW LAND-BASED REPARATIONS CAN SATISFY THE PUBLIC USE REQUIREMENT OF THE TAKINGS CLAUSE 104 Minnesota Law Review 2105 (April, 2020) Emancipation, one of our nation's boldest and most morally profound acts, rested upon the hope that a dramatic reconception of property would take root. Almost four million African Americans gained the rights and remedies of personhood, no longer to be property. This transformation also carried with it one of our nation's most enduring property... 2020
Gayathri D. Naik THE RIGHT TO A CLEAN ENVIRONMENT IN INDIA: GENDER PERSPECTIVE 21 Vermont Journal of Environmental Law 371 (Spring, 2020) I. Introduction. 372 II. Right to Environment: Content and Context. 374 A. A Substantive Right. 375 1. Right to a Clean Environment as a Constitutional Right. 376 2. Right to a Clean Environment as a Human Right. 379 B. Procedural Right. 382 1. Access to Information. 384 2. Public Participation. 385 3. Access to Justice. 387 C. The Right to a Clean... 2020
Laurence Boisson de Chazournes THE SUSTAINABLE DEVELOPMENT GOALS (SDGS) AND THE RULE OF LAW: A PROPOS SDG 6 ON ACCESS TO WATER AND SANITATION 114 American Society of International Law Proceedings 143 (June 25-26, 2020) The rule of law and the Sustainable Development Goals (SDGs) are mutually supportive. Respect for the rule of law is indeed crucial for development issues. The 2030 Agenda for Sustainable Development itself acknowledges, through SDG 16, that access to justice and the rule of law foster sustainable development. The latter ensures that all... 2020
Katrina M. Wyman, Danielle Spiegel-Feld THE URBAN ENVIRONMENTAL RENAISSANCE 108 California Law Review 305 (April, 2020) City governments were an important source of environmental protection in the United States from the 1800s until well into the 1900s. However, since Congress passed a series of landmark environmental statutes in the 1970s, scholars have primarily equated environmental law with federal law. To the extent that scholars consider subnational sources of... 2020
Erin M. Hodgson THIRSTY FOR JUSTICE: HOW THE FLINT WATER CRISIS HIGHLIGHTS THE INSUFFICIENCY OF THE CITIZEN SUIT PROVISION OF THE SAFE DRINKING WATER ACT 44 Southern Illinois University Law Journal 347 (Winter, 2020) In 1974, the Safe Drinking Water Act was enacted in order to protect the quality of drinking water in the United States. Like many pieces of environmental legislation at the time, it included a citizen suit provision, an avenue by which ordinary citizens could seek to ensure compliance with the Act and safeguard their ability to access safe... 2020
K-Sue Park THIS LAND IS NOT OUR LAND 87 University of Chicago Law Review 1977 (October, 2020) The story of our relationship to the earth is written more truthfully on the land than on the page. It lasts there. The land remembers what we said and what we did. -Robin Wall Kimmerer, Braiding Sweetgrass 341 (Milkweed 2013) The land and the wealth that began in it still carry the shape of history .. The land remembers. But what do we remember... 2020
Sophia SepĂșlveda Harms TOWARD A GREEN NEW TREATY DEAL: REFORMS TO ISDS AMID ENVIRONMENTAL CRISIS 58 Houston Law Review 479 (Fall, 2020) Foreign investment has played a pivotal role in contributing to economic growth. As a result, developing countries continue to shape their policies to remain an attractive target for investment. As the number of foreign investments has increased, so too have the number of investment disputes, resulting in billions of dollars in awards against host... 2020
Annie Brett TRANSBOUNDARY WATERS 44 Harvard Environmental Law Review 473 (2020) In 2018, toxic algae spread from Lake Okeechobee through the State of Florida, leading to a state of emergency and costing the state over $17 million. Similar toxic algal blooms have become an annual occurrence throughout the country and highlighted the pervasive issues with the U.S. water supply. Inadequate and incomplete monitoring data means... 2020
Robert W. Adler TRANSLATIONAL ECOLOGY AND ENVIRONMENTAL LAW 50 Environmental Law 703 (Summer, 2020) Translational ecology is a comparatively new approach to the pursuit of ecology and other environmental sciences, the implications of which for environmental law have not previously been explored significantly. Emulating the concepts of translational medicine, proponents of translational ecology seek to increase the relevance of their research of... 2020
Jonathan H. Adler UNCOOPERATIVE ENVIRONMENTAL FEDERALISM 2.0 71 Hastings Law Journal 1101 (June, 2020) As a presidential candidate, Donald Trump promised to curtail federal environmental regulation and empower the states. Has the Trump Administration made good on these pledges to reinvigorate cooperative federalism and constrain environmental regulatory overreach by the federal government? Perhaps less than one would think. This Essay provides a... 2020
Albert C. Lin UNCOOPERATIVE ENVIRONMENTAL FEDERALISM: STATE SUITS AGAINST THE FEDERAL GOVERNMENT IN AN AGE OF POLITICAL POLARIZATION 88 George Washington Law Review 890 (July, 2020) The conventional account of most U.S. environmental regulation goes something like this: cooperative federalism schemes accommodate state and federal interests while tapping into the respective strengths of centralized and decentralized regulation. In cooperative federalism arrangements, the federal government sets minimum environmental standards... 2020
Heidi R. Weimer UP THE ETHICAL CREEK WITHOUT A PADDLE: HOW IMPOSSIBLE DEMANDS ON PLAINTIFFS' ATTORNEYS IN THE FLINT WATER CRISIS CLASS ACTIONS DEMONSTRATE THE NEED TO REDEFINE ETHICAL DUTIES IN MASS TORT CASES 33 Georgetown Journal of Legal Ethics 855 (Summer, 2020) The American public is familiar with the Flint Water Crisis (the crisis, or FWC)--the general causes, the impact, and the injustice. It has been a hot topic over the past several years with multiple documentaries, books, and news accounts providing platforms for residents' stories of being poisoned by lead in their city's water. While the... 2020
Dr. Waseem Ahmad Qureshi WATER RESOURCES IN THE ANTHROPOCENE: CAUSE FOR WAR OR COOPERATION? 30 Minnesota Journal of International Law 43 (Fall, 2020) With the collective effect of the ever-growing human population, deterioration of water quality, increased pollution, climate change, the changing water cycle, increased water scarcity, and intense competition for freshwater resources, it is predicted that wars in the future will be fought over freshwater instead of oil. A race to construct mega... 2020
Matthew McKerley WATER, WATER EVERYWHERE? ESTABLISHING A PUBLIC TRUST IN GROUNDWATER TO ADDRESS AGRICULTURAL POLLUTION IN CALIFORNIA 43-SPG Environs Environmental Law and Policy Journal 163 (Spring, 2020) Unbeknownst to some, thousands of residents in California's San Joaquin Valley lack access to clean drinking water, which carries very real economic and human costs. The problems encountered by residents in the Valley disproportionately affect poor communities and communities of color. The issue thus falls directly within larger problems... 2020
Chiara Pappalardo WHAT A DIFFERENCE A STATE MAKES: CALIFORNIA'S AUTHORITY TO REGULATE MOTOR VEHICLE EMISSIONS UNDER THE CLEAN AIR ACT AND THE FUTURE OF STATE AUTONOMY 10 Michigan Journal of Environmental & Administrative Law 169 (Fall, 2020) Air pollutants from motor vehicles constitute one of the leading sources of local and global air degradation with serious consequences for human health and the overall stability of Earth's climate. Under the Clean Air Act (CAA), for over fifty years, the state of California has served as a national laboratory for the testing of technological... 2020
Lolita Buckner Inniss WHILE THE WATER IS STIRRING: SOJOURNER TRUTH AS PROTO-AGONIST IN THE FIGHT FOR (Black) WOMEN'S RIGHTS 100 Boston University Law Review 1637 (October, 2020) This Essay argues for a greater understanding of Sojourner Truth's little-discussed role as a proto-agonist (a marginalized, long-suffering forerunner as opposed to a protagonist, a highly celebrated central character) in the process that led up to the passage of the Nineteenth Amendment. Though the Nineteenth Amendment failed to deliver on its... 2020
Eric Shupin ZONING REFORMS NEEDED TO DISMANTLE DISCRIMINATORY LAND USE AND BUILD MORE AFFORDABLE HOUSING 64-SPG Boston Bar Journal 5 (Spring, 2020) Discriminatory government policies in zoning and land use over the last 50 years have intentionally created racially segregated communities with concentrated areas of poverty. More than a half-century since passage of the Fair Housing Act of 1968, even as metropolitan areas diversify, white Americans still live in mostly white neighborhoods. In... 2020
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