Candice Youngblood PUT YOUR MONEY WHERE THEIR MOUTH IS: ACTUALIZING ENVIRONMENTAL JUSTICE BY AMPLIFYING COMMUNITY VOICES 46 Ecology Law Quarterly 455 (2019) This Note seeks to paint a picture of what working toward environmental justice should look like. Focusing on the demands that environmental justice communities voiced through the Principles of Environmental Justice, it posits that three key components are necessary to comprehensively achieve environmental justice: distributive justice,... 2019
Charles E. Murphy REMIXING RIVERSIDE: ENVIRONMENTAL RACISM AND HIP HOP AS A MIRROR OF SOCIETY 42 North Carolina Central Law Review 97 (2019) Hurricane Katrina struck the coasts of Louisiana, Mississippi, and Alabama in the early hours of August 29, 2005. Many New Orleans residents could not afford to evacuate the city, so they remained in their homes or sought shelter in the Superdome football stadium and New Orleans Convention Center. By 11:00 a.m., Hurricane Katrina's strongest winds... 2019
Helen H. Kang RESPECT FOR COMMUNITY NARRATIVES OF ENVIRONMENTAL INJUSTICE: THE DIGNITY RIGHT TO BE HEARD AND BELIEVED 25 Widener Law Review 219 (2019) Communities that bear the brunt of environmental pollution and lack basic amenities, such as clean drinking water, have a story to tell. One such community is the Bayview-Hunters Point community of San Francisco, California. There, the U.S. Navy extensively contaminated a now-shuttered shipyard with nuclear waste. After twelve years of cleanup... 2019
Uma Outka , Elizabeth Kronk Warner REVERSING COURSE ON ENVIRONMENTAL JUSTICE UNDER THE TRUMP ADMINISTRATION 54 Wake Forest Law Review 393 (Spring, 2019) This Article traces how policy reversals in the first years of the Trump Administration implicate protections for diverse, low-income communities in the context of environmental pollution and climate change. The environmental justice movement has drawn critical attention to the persistent inequality in exposure to environmental harms, tracking... 2019
Rachel Calvert REVIVING THE ENVIRONMENTAL JUSTICE POTENTIAL OF TITLE VI THROUGH HEIGHTENED JUDICIAL REVIEW 90 University of Colorado Law Review 867 (Summer, 2019) Title VI of the Civil Rights Act has unrealized potential to correct the racialized distribution of environmental hazards. The disparate impact regulations implementing this sweeping statute target the institutional discrimination that characterizes environmental injustice. Agency decisions routinely deny claims that federal funds are contributing... 2019
Oliver A. Houck SHINTECH: ENVIRONMENTAL JUSTICE AT GROUND ZERO 31 Georgetown Environmental Law Review 455 (Spring, 2019) This is a history of environmental justice in the American South, and more particularly Louisiana, where low-income communities of color are surrounded by some of the largest petro-chemical complexes in the world. It rises from a proposal to site yet another giant facility, Shintech, within a population already exposed to nation-leading volumes of... 2019
Rebecca Bratspies SHUTTING DOWN POLETTI: HUMAN RIGHTS LESSONS FROM ENVIRONMENTAL VICTORIES 36 Wisconsin International Law Journal 247 (Spring, 2019) I firmly believe that this State does not need to abuse its most vulnerable citizens to keep the lights on. Human rights enjoy a presumption of inviolability that at least arguably trumps other public goods. To the extent that sustainable development has become bogged down in conventional economic thinking, a human rights analysis may offer a... 2019
Dr. Frankie Griffin, M.D., J.D. SOCIAL DETERMINANTS OF HEALTH AND THE LAW: MUNICIPALITIES' SUPERSONIC WATER BILLING CYCLES ENDANGER ARKANSANS' HEALTH 54-WTR Arkansas Lawyer 40 (Winter, 2019) Imagine arriving home from Arkansas Children's Hospital (ACH) on a Saturday afternoon with your child fresh from a major heart surgery requiring access to water for urgent hydration, postoperative wound care, and toileting, only to find that your family's water had been shut off without your knowledge while you were at ACH with your child--even... 2019
Scott W. Stern STANDING FOR EVERYONE: SIERRA CLUB v. MORTON, JUSTICE BlackMUN'S DISSENT, AND SOLVING THE PROBLEM OF ENVIRONMENTAL STANDING 49 Environmental Law Reporter News & Analysis 10063 (January, 2019) The modern doctrine of environmental standing prevents many worthy plaintiffs from presenting their cases in court. Especially in the context of climate change, this restrictive doctrine has profound implications. But the modern doctrine is an aberration; this Article shows that for most of American history there were no comparably severe standing... 2019
Cameron W. Arnold STANDING IN THE LINE OF FIRE: COMPULSORY CAMPUS CARRY LAWS AND HOSTILE SPEECH ENVIRONMENTS 49 Seton Hall Law Review 807 (2019) I. Introduction. 808 II. Compulsory Campus Carry Laws, Glass v. Paxton, and the Problem of Standing. 812 A. Campus Carry in the United States. 812 B. Glass v. Paxton. 813 1. Texas's Campus Carry Law and the University of Texas's Campus Carry Policy. 813 2. The Lawsuit. 815 3. The District Court Decisions. 818 4. The Fifth Circuit Appeal. 820 III.... 2019
Lauren Madison SUBSTANTIVE DUE PROCESS AS RECOURSE FOR FLINT WATER CRISIS PLAINTIFFS 64 Wayne Law Review 531 (Winter, 2019) I. Introduction. 532 II. Background. 538 A. The Fourteenth Amendment: Protecting Citizens From Harmful State Action. 538 B. § 1983: Enforcing Federal Rights. 539 C. Preemption: A Plaintiff's Predicament. 542 III. Analysis. 543 A. Is Preemption Proper?. 543 B. Can Plaintiffs Win Under § 1983?. 546 IV. Conclusion. 551 2019
Joshua C. Gellers, Trevor J. Cheatham SUSTAINABLE DEVELOPMENT GOALS AND ENVIRONMENTAL JUSTICE: REALIZATION THROUGH DISAGGREGATION? 36 Wisconsin International Law Journal 276 (Spring, 2019) Introduction. 276 I. Defining Environmental Justice. 278 Figure 1: Relationship Between Elements of EJ and Cognate Forms of Justice. 287 II. Linking the SDGs to Environmental Justice. 287 Figure 2: Distribution of Environmental Justice Components Among the SDGs. 291 III. Data and Methods. 292 IV. Empirical Analysis of Voluntary National Reviews.... 2019
Jeanne M. Woods , Sarah M. Lambert THE COLLAPSE OF DEMOCRACY: THE FLINT WATER CRISIS FROM A HUMAN RIGHTS PERSPECTIVE 20 Loyola Journal of Public Interest Law 177 (Spring, 2019) INTRODUCTION A. The Disenfranchisement B. The Water Crisis I. The Treaty Obligations of the United States: The Right to Democracy A. The Inter-American System B. The ICCPR II. Regional Customary Law III. Other Human Rights Abridged by the Violation of the Right to Democracy IV. Evolutive Human Rights Law: Analyzing the Flint Water Crisis in the... 2019
Jae-Hyup Lee THE INTRODUCTION OF THE LAW SCHOOL SYSTEM AND THE STRUCTURE OF THE LEGAL PROFESSION IN KOREA: STATUS AND PROSPECTS 68 Journal of Legal Education 460 (Winter, 2019) The number of legal professionals has rapidly grown in Korea. After reaching 5,000 in 2001, the total number of registered lawyers surpassed 10,000 in just the next seven years; six years later, in 2014, the number had grown to more than 20,000. In addition, workplace environments, types of work, educational background of legal professionals,... 2019
Sarah E. Light THE LAW OF THE CORPORATION AS ENVIRONMENTAL LAW 71 Stanford Law Review 137 (January, 2019) A firm is not a black box with a pipe sticking out of it. Firm managers make decisions with environmental consequences long before pollution comes out of a pipe or a smokestack. Corporate law governs how firms are created and the duties their managers owe to firm stakeholders. Securities regulations govern the information that firms must... 2019
John Infranca THE NEW STATE ZONING: LAND USE PREEMPTION AMID A HOUSING CRISIS 60 Boston College Law Review 823 (March, 2019) Introduction. 825 I. Localism And Land Use. 830 II. The First Generation of State Land Use Interventions. 836 A. Massachusetts: A Focus on Streamlining Development Approvals and Encouraging Zoning Reform. 837 B. New Jersey: A Focus on Planning and Development Approvals. 839 C. California: A Focus on Planning and Procedure. 841 D. Some Trends. 844... 2019
Alexandra McGee, Shalini Swaroop THE POWER OF POWER: DEMOCRATIZING CALIFORNIA'S ENERGY ECONOMY TO ALIGN WITH ENVIRONMENTAL JUSTICE PRINCIPLES THROUGH COMMUNITY CHOICE AGGREGATION 46 Ecology Law Quarterly 985 (2019) Community choice aggregation energy programs have proliferated throughout California as a tool for public municipalities to aggregate their communities' electricity demand and procure electricity for themselves. Through their community choice aggregation programs, communities have reduced their electricity-related greenhouse gas emissions in order... 2019
Malina Welman THE STARTING POINT: STRUCTURING NEWARK'S LAND USE LAWS AT THE OUTSET OF REDEVELOPMENT TO PROMOTE INTEGRATION WITHOUT DISPLACEMENT 53 Columbia Journal of Law and Social Problems 43 (Fall, 2019) Housing is an outward expression of the inner human nature; no society can be fully understood apart from the residences of its members. In 2017, New Jersey's largest municipality, Newark, made history when its city council passed an inclusionary zoning ordinance requiring, in part, that at least twenty percent of new residential projects be set... 2019
Brie D. Sherwin THE UPSIDE DOWN: A NEW REALITY FOR SCIENCE AT THE EPA AND ITS IMPACT ON ENVIRONMENTAL JUSTICE 27 New York University Environmental Law Journal 57 (2019) Because of changes to EPA that began under the leadership of former Administrator Pruitt, many career scientists are arguing that science is increasingly under attack. These changes have resulted in increased secrecy within the agency, the systematic removal of academic scientists from key advisory roles, and a 60 percent reduction in enforcement.... 2019
Ashley A. Glick THE WILD WEST RE-LIVED: OIL PIPELINES THREATEN NATIVE AMERICAN TribAL LANDS 30 Villanova Environmental Law Journal 105 (2019) We do not inherit the earth from our ancestors[;] we borrow it from our children. Since the inception of designated reservations, the land within the reservation boundaries has served as a point of contention between the Native Americans and the federal government. In 1851, the United States government attempted to negotiate peace with the Native... 2019
Barry E. Hill TIME FOR A NEW AGE OF ENLIGHTENMENT FOR U.S. ENVIRONMENTAL LAW AND POLICY: WHERE DO WE GO FROM HERE? 49 Environmental Law Reporter News & Analysis 10362 (April, 2019) The issue of environmental injustice has again come into sharp focus in the wake of the predominantly African-American community in Flint, Michigan, being exposed to lead-contaminated drinking water. To secure environmental justice for all individuals and communities, living in a clean, safe, and healthy environment in America should be considered... 2019
Jessica A. Shoemaker TRANSFORMING PROPERTY: RECLAIMING IndigenOUS LAND TENURES 107 California Law Review 1531 (October, 2019) This Article challenges existing narratives about the future of American Indian land tenure. The current highly-federalized system for reservation property is deeply problematic. In particular, the trust status of many reservation lands is expensive, bureaucratic, oppressive, and linked to persistent poverty in many reservation communities. Yet,... 2019
Thomas Maligno , Benjamin Rajotte TRIAL BY WATER: REFLECTIONS ON SUPERSTORM SANDY 35 Touro Law Review 957 (2019) Superstorm Sandy devastated thousands of homes in some of the most densely populated areas of the country. It created extensive and diverse property losses in the Northeast, resulting in an unprecedented need for disaster recovery assistance in affected communities. As we pass the storm's two-and-a-half-year anniversary, complex challenges remain... 2019
Mingjie Hoemmen VERTICAL AND HORIZONTAL MODES OF INJUSTICE IN AIR POLLUTION: A COMPARISON OF LAW AND SOCIETY IN CHINA AND THE U.S. 59 Natural Resources Journal 347 (Summer, 2019) On the night of November 18, 2017, a big residential fire broke out in the outskirts of Beijing, taking 19 lives. The Beijing city fire department's investigation determined that the fire was caused by illegal recompartmentalization of a storage building into part-storage, part-rental units. Tenants were stacked up in small rooms. Seizing the... 2019
Jonathan Zasloff W(H)ITHER ENVIRONMENTAL JUSTICE? 66 UCLA Law Review Discourse 178 (2019) This Article considers Gitanjali Nain Gill's recent book Environmental Justice in India, the first comprehensive look at India's National Green Tribunal. India's environmental crisis--major international surveys highlight its severe environmental degradation--is of interest to the global public, for no progress on climate change can be made without... 2019
Leigh S. Barton WATER IS POWER: AN ANALYSIS OF CITIES' POWER TO PROCURE MUNICIPAL WATER SUPPLIES 42-SPG Environs Environmental Law and Policy Journal 95 (Spring, 2019) How powerful are U.S. cities? This question forms the basis of a massive debate in the urban law and policy field. Some believe that cities are, or at least have the potential to be, extremely powerful. Others believe that cities are completely powerless. This paper seeks to contribute towards the assertion that cities are in fact powerful.... 2019
Lauren Gwin , Jessica Owley , Sally K. Fairfax WHAT CAN THE APPLE TEACH THE ORANGE? LESSONS U.S. LAND TRUSTS CAN LEARN FROM THE NationAL TRUST IN THE U.K. 30 Duke Environmental Law and Policy Forum 89 (Fall, 2019) The National Trust in England, Wales, and Northern Ireland is one of the oldest and most revered private land conservation organizations in the world. While the private land conservation movements in the United States and the United Kingdom began at a similar time and with similar tools, conservation attitudes and methods in the two countries... 2019
Chan Tov McNamarah WHITE CALLER CRIME: RACIALIZED POLICE COMMUNICATION AND EXISTING WHILE Black 24 Michigan Journal of Race and Law 335 (Spring, 2019) Over the past year, reports to the police about Black persons engaged in innocuous behaviors have bombarded the American consciousness. What do we make of them? And, equally important, what are the consequences of such reports? This Article is the first to argue that the recent spike in calls to the police against Black persons who are simply... 2019
Jeffrey Schmitt A HISTORICAL REASSESSMENT OF CONGRESS'S "POWER TO DISPOSE OF" THE PUBLIC LANDS 42 Harvard Environmental Law Review 453 (2018) The Property Clause of the Constitution grants Congress the Power to Dispose of federal land. Congress uses this Clause to justify permanent federal land ownership of approximately one-third of the land within the United States. Legal scholars, however, are divided as to whether the original understanding of the Clause supports this practice.... 2018
Andrew R. Highsmith A POISONOUS HARVEST: RACE, INEQUALITY, AND THE LONG HISTORY OF THE FLINT WATER CRISIS 18 Journal of Law in Society 121 (Fall, 2018) Table of Contents 121 I. Introduction. 122 II. A Segregated Metropolis. 126 III. Deindustrialization and Metropolitan Fragmentation. 131 IV. STARVING THE CITY. 136 V. Conclusion. 139 2018
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