Erin Mette A CONSTITUTIONAL RIGHT TO SAFE, AFFORDABLE, ACCESSIBLE DRINKING WATER 32 Tulane Environmental Law Journal 189 (Summer, 2019) I. Introduction. 189 II. Background. 190 A. In re City of Detroit. 190 B. Boler v. Earley. 193 III. Analysis. 197 A. Violation of Substantive Due Process. 198 B. Violation of the Equal Protection Clause. 201 IV. Conclusion. 203 2019
Grant Glovin A MOUNT LAUREL FOR CLIMATE CHANGE? THE JUDICIAL ROLE IN REDUCING GREENHOUSE GAS EMISSIONS FROM LAND USE AND TRANSPORTATION 49 Environmental Law Reporter News & Analysis 10938 (October, 2019) Greenhouse gas emissions from transportation in the United States have remained persistently high. One cause is common low-density land use patterns that make most Americans dependent on automobiles. Reducing these emissions requires increasing density, which U.S. local government law makes difficult to achieve through the political process. Mount... 2019
Brie Sherwin AFTER THE STORM: THE IMPORTANCE OF ACKNOWLEDGING ENVIRONMENTAL JUSTICE IN SUSTAINABLE DEVELOPMENT AND DISASTER PREPAREDNESS 29 Duke Environmental Law and Policy Forum 273 (Spring, 2019) The past decade has brought on some of the worst cases of flooding due to natural disasters and the resulting leaching of some of the most hazardous environmental contaminants back into nearby, often low-income, communities. Natural disasters are not great equalizers when it comes to recovery. Lower-income individuals are more likely to live in... 2019
Charlotte E. Blattner , Odile Ammann AGRICULTURAL EXCEPTIONALISM AND INDUSTRIAL ANIMAL FOOD PRODUCTION: EXPLORING THE HUMAN RIGHTS NEXUS 15 Journal of Food Law & Policy 92 (Fall, 2019) The host of negative effects of animal agriculture on the immediate environment, workers, and local communities are well-documented, yet little is known about the global repercussions of animal agriculture, especially on human rights guarantees. This contribution attempts to begin filling this soaring gap. It examines the nexus between industrial... 2019
Robert W. Adler COEVOLUTION OF LAW AND SCIENCE: A CLEAN WATER ACT CASE STUDY 44 Columbia Journal of Environmental Law 1 (January 17, 2019) I. Introduction. 2 A. Science and Regulation. 2 B. Competing Models of Science and Regulation. 5 II. The Role of Biological Water Quality Criteria (Biocriteria) in the Clean Water Act. 10 A. The Statutory Background. 10 1. CWA Statutory Objective and Subsidiary Goals. 11 2. The Qualified Discharge Ban. 12 B. Water Quality Standards. 15 1. Water... 2019
Shannon Roesler COMPETITIVE FEDERALISM: ENVIRONMENTAL GOVERNANCE AS A ZERO-SUM GAME 49 Environmental Law Reporter News & Analysis 10858 (September, 2019) When the major pollution control laws were passed in the 1970s, there was growing consensus that federal environmental regulations were essential to the protection of human health and the environment. At that time, many feared that states would engage in a race to the bottom, setting lax environmental regulations to attract industry and economic... 2019
Hillary M. Hoffmann CONGRESSIONAL PLENARY POWER AND IndigenOUS ENVIRONMENTAL STEWARDSHIP: THE LIMITS OF ENVIRONMENTAL FEDERALISM 97 Oregon Law Review 353 (2019) Introduction. 354 I. Plenary Power over Indian Affairs: A Congressional Exercise of Authority Lacking a Constitutional Foundation. 358 A. Origins: An Unenumerated Power Born of Necessity and Circumstance. 358 B. The Scope of the Modern Plenary Power Doctrine. 371 C. Inherent Flaws in the Plenary Power Doctrine. 377 1. Constitutional Deficiencies.... 2019
Dan Farber CONTINUITY AND TRANSFORMATION IN ENVIRONMENTAL REGULATION 10 Arizona Journal of Environmental Law & Policy 1 (Fall, 2019) I. Alternative Regulatory Tools 4 A. Economic Tools 5 B. Voluntary Programs, Informational Strategies, and Collaborative Governance 10 II. Federalism and Beyond 16 A. Arguments for Federalism 16 B. State and Local Governments as Climate Policy Initiators 18 III. An Emerging Climate Governance Regime 25 A. Feedback Effects 25 B. Conceptualizing... 2019
Alexis Zendejas DESERVING A PLACE AT THE TABLE: EFFECTING CHANGE IN SUBSTANTIVE ENVIRONMENTAL PROCEDURES IN Indian COUNTRY 9 Arizona Journal of Environmental Law & Policy 90 (Spring, 2019) This note explores how tribal-federal relations have impacted environmental justice efforts in domestic pipeline construction in and around Indian Country. The impact these poor relations have had on indigenous peoples has the potential to adversely affect indigenous people and their reservation and ancestral lands. This note discusses how the... 2019
Judge Bernice B. Donald , Emily P. Linehan DIGNITY RIGHTS AND THE ENVIRONMENT: AFFIRMING HUMAN DIGNITY THROUGH ENVIRONMENTAL JUSTICE 25 Widener Law Review 153 (2019) What we are doing to the forests of the world is but a mirror reflection of what we are doing to ourselves and to one another. --Chris Maser, Forest Primeval: The Natural History of an Ancient Forest Throughout history, we have been spurred to action after tragic events we did not foresee or did not act quickly enough to prevent. As we have... 2019
Christopher Serkin DIVERGENCE IN LAND USE REGULATIONS AND PROPERTY RIGHTS 92 Southern California Law Review 1055 (May, 2019) For the past century, property rights--and in particular development rights-- have been circumscribed and largely defined by comprehensive local land use regulations. As any student of land use knows, zoning across the country shares a common DNA. Despite their local character, zoning limits on development rights in almost every American... 2019
Emily A. Benfer, Emily Coffey, Allyson E. Gold, Mona Hanna-Attisha, Bruce Lanphear, Helen Y. Li, Ruth Ann Norton, David Rosner, Kate Walz DUTY TO PROTECT: ENHANCING THE FEDERAL FRAMEWORK TO PREVENT CHILDHOOD LEAD POISONING AND EXPOSURE TO ENVIRONMENTAL HARM 18 Yale Journal of Health Policy, Law & Ethics 1 (Spring, 2019) Scientific evidence indisputably demonstrates that lead poisoning causes permanent neurological damage and numerous co-morbidities for children and adults. Exposure to lead hazards irreversibly harms individuals and, left unchecked, can devastate communities into the future. In recognition of these threats, the President's Task Force on... 2019
Sarah Fox ENVIRONMENTAL GENTRIFICATION 90 University of Colorado Law Review 803 (Summer, 2019) Gentrification is a term often used, much maligned, and difficult to define. A few general principles can nonetheless be distilled regarding the concept. First, gentrification is spurred by rising desirability of an area for housing or commercial purposes. Second, this rising desirability, following basic supply-and-demand principles, leads to... 2019
Sarah Krakoff ENVIRONMENTAL INJUSTICE AND THE LIMITS OF POSSIBILITIES FOR ENVIRONMENTAL LAW 49 Environmental Law 229 (Winter, 2019) Climate change and extreme inequality combine to cause disproportionate harms to poor communities throughout the world. Further, unequal resource allocation is shot through with the structures of racism and other forms of discrimination. This Essay explores these phenomena in two different places in the United States, and traces law's role in... 2019
Bethany Sullivan ENVIRONMENTAL JUSTICE IN Indian COUNTRY 55-APR Arizona Attorney 22 (April, 2019) The term environmental justice is evocative but elusive, subject to a broad array of interpretations and rallying cries. The U.S. Environmental Protection Agency defines environmental justice as the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development,... 2019
Inara Scott, David Takacs, Rebecca Bratspies, Vanessa Casado Pérez, Robin Kundis Craig, Keith Hirokawa, Blake Hudson, Sarah Krakoff, Katrina Fischer Kuh, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J.B. Ruhl, Erin Ryan ENVIRONMENTAL LAW. DISRUPTED 49 Environmental Law Reporter News & Analysis 10038 (January, 2019) The U.S. regulatory environment is changing rapidly, at the same time that visible and profound impacts of climate change are already being felt throughout the world, and enormous, potentially existential threats loom in the not-so-distant future. What does it mean to think about and practice environmental law in this setting? In this latest in a... 2019
Maia Dombey ENVIRONMENTAL RACISM: HOW GOVERNMENTS ARE SYSTEMATICALLY POISONING IndigenOUS COMMUNITIES & THE U.N.'S ROLE 27 University of Miami International and Comparative Law Review 131 (Fall, 2019) This note examines the practice of toxic waste dumping on indigenous lands and how it fits within the broader concept of environmental racism. It further evaluates the international human rights framework and how the United Nations and other international bodies interact with this concept and provide means for protection against this illicit... 2019
Machara Mccall, Esquire ENVIRONMENTAL RACISM: THE U.S. EPA'S INEFFECTIVE ENFORCEMENT OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 13 Southern Journal of Policy and Justice 49 (Fall, 2019) African-Americans have often been regarded as being less--less protected, less educated, and lesser than their counterparts. Through this ideology emerged practices and policies of disenfranchisement and disparity. Environmental racism is a conspicuous part of the American sociopolitical system and, as a result, black people in particular, and... 2019
Elizabeth Keyes ENVIRONMENTAL REFUGEES? RETHINKING WHAT'S IN A NAME 44 North Carolina Journal of International Law 461 (Summer, 2019) I. Introduction. 461 II. What's in a Name?. 463 III. Identifying Climate-Change Refugees. 467 A. Persecution: Direct Environmental Harm and Indirect Other Forms of Harm. 467 B. Protected Characteristics and Nexus. 471 1. Where the Case Is Easily Made: Political Opinion. 472 2. Where the Case is More Attenuated: Race and Membership in a Particular... 2019
Joseph Kowalski ENVIRONMENTALISM ISN'T NEW: LESSONS FROM IndigenOUS LAW 26 Buffalo Environmental Law Journal 15 (2018-2019) The much-overlooked laws and lifeways of Indigenous people show that concepts of environmental sustainability have long been a part of the human tradition. By studying the Indigenous jurisprudence of societies that maintained these traditions into the modern era, much can be learned. Rather than making laws in regards to the land, the land itself... 2019
Hokulani McKeague HOKULANI MCKEAGUE v. DEPARTMENT OF HAWAIIAN HOME LANDS: A CASE FOR THE UNCONSTITUTIONALITY OF BLOOD QUANTUM 42 University of Hawaii Law Review 204 (Winter 2019) Section 209 of the Hawaiian Homes Commission Act requires a successor to a Department of Hawaiian Home Lands lease to have at least one-quarter Hawaiian blood. This article explores the unconstitutionality of blood quantum as it relates to section 209 and argues that it violates the Fifth and Fourteenth Amendments to the United States Constitution... 2019
Dylan Hitchcock-Lopez IF A PERSON MUST DIE, THEN SO BE IT: A CONSTITUTIONAL PERSPECTIVE ON SOUTH AFRICA'S LAND CRISIS 60 Washington University Journal of Law & Policy 317 (2019) A stark, green line separates manicured rows of grapevines from the sprawling warren of shacks and shanties that makes up Kayamandi township, just miles from the urban heart of Cape Town. The township strains under the pressure of rapid population growth, with more than 7,000 dwellings cramming into some of the most crowded blocks in South Africa.... 2019
Julia Mizutani IN THE BACKYARD OF SEGREGATED NEIGHBORHOODS: AN ENVIRONMENTAL JUSTICE CASE STUDY OF LOUISIANA 31 Georgetown Environmental Law Review 363 (Winter, 2019) America's history of Jim Crow segregation, redlining, and exclusionary zoning in combination with its present-day zoning laws and siting processes have created toxic communities in predominately black and poor neighborhoods. Existing policies and laws that are meant to remedy such disparities all have flaws which render them too weak to repair the... 2019
Tegan Jarchow INTERNationAL TRADE AGREEMENTS AND THE ENVIRONMENT: A NAFTA AND NAAEC CASE STUDY 24 Drake Journal of Agricultural Law 319 (Summer, 2019) I. Introduction. 319 II. International Trade and Environmental Economics Theory. 321 III. International Policy Framework: WTO Policies. 325 IV. NAFTA. 328 V. NAFTA, the NAAEC, and the CEC. 332 VI. Future Recommendations. 335 VII. Conclusion. 339 2019
Blake Hudson LAND DEVELOPMENT: A SUPER-WICKED ENVIRONMENTAL PROBLEM 51 Arizona State Law Journal 1123 (Fall, 2019) I. Introduction. 1124 II. The Implications of the Wicked Land Development Problem. 1126 III. How Land Development is a Wicked Environmental Problem. 1131 IV. Factors Contributing to the Wickedness of Land Development. 1137 A. Collective Action. 1138 B. Corporate Design. 1139 C. Legal Institutions. 1140 D. Economics. 1143 E. Intersecting Policies.... 2019
M. Jordan Thompson , Chelsea L.M. Colwyn LIVING SQÉLIX: DEFENDING THE LAND WITH TribAL LAW 51 Connecticut Law Review 889 (August, 2019) The Salish and Pend d'Oreille--known today as part of the Confederated Salish and Kootenai Tribes (CSKT) of the Flathead Indian Reservation in Montana--have been part of the landscape of what is now Montana, Idaho, and eastern Washington ever since Coyote prepared the world for them. The Salish and Pend d'Oreille traditionally managed their... 2019
Katrina A. Tomas MANURE MANAGEMENT FOR CLIMATE CHANGE MITIGATION: REGULatinG CAFO GREENHOUSE GAS EMISSIONS UNDER THE CLEAN AIR ACT 73 University of Miami Law Review 531 (Winter, 2019) Climate change is the defining challenge of our time, which if unbridled, will imperil our communities and the viability of future generations. Efforts to reduce global temperature rise require more than merely reforming carbon dioxide emissions from the energy and transportation sectors. Notably, climate solutions cannot be reached without... 2019
Nadia B. Ahmad MASK OFF --THE COLONIALITY OF ENVIRONMENTAL JUSTICE 25 Widener Law Review 195 (2019) Justice is the foremost virtue of the civilizing races. It subdues the barbarous nations, while injustice arouses the weakest. --José Rizal His writings sparked the Philippine Revolution. Officials in the Spanish colonial government would execute him for the crime of rebellion. Even though he did not partake in the planning of the revolution, he... 2019
Marianne Engelman Lado NO MORE EXCUSES: BUILDING A NEW VISION OF CIVIL RIGHTS ENFORCEMENT IN THE CONTEXT OF ENVIRONMENTAL JUSTICE 22 University of Pennsylvania Journal of Law and Social Change 281 (2019) INTRODUCTION. 282 I. RACIAL INEQUALITY IN EXPOSURE TO HEALTH HAZARDS. 286 II. THE APPLICABILITY OF CIVIL RIGHTS LAW TO THE ENVIRONMENTAL JUSTICE CONTEXT. 288 A. Enforcement of Title VI of the Civil Rights Act of 1964. 288 B. Why Environmental Laws Are Inadequate to Address Racial Disparities. 291 III. A GAPING HOLE: EPA'S POOR RECORD OF CIVIL... 2019
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