Luisa Ferreira-Peralta MINING IN COLOMBIA AND ENVIRONMENTAL JUSTICE: HOW THE "POPULAR CONSULTATION" PROCESS WORKS IN PRACTICE 46 Environmental Law Reporter News & Analysis 10416 (May, 2016) This Article examines how the Latin American procedure of popular consultation has been used as a mechanism for resisting the development of an open-pit gold mine in Colombia, and analyzes how Colombian communities are using the procedure to have meaningful involvement in environmental decisionmaking. A close study suggests that communities were... 2016
Tiyanjana Maluwa OIL UNDER TROUBLED WATERS?: SOME LEGAL ASPECTS OF THE BOUNDARY DISPUTE BETWEEN MALAWI AND TANZANIA OVER LAKE MALAWI 37 Michigan Journal of International Law 351 (Spring, 2016) C1-3Table of Contents L1-2Introduction . L3352 I. Historical Background, Factual Abstract and Preliminary Legal Questions. 356 A. British and German Colonial Rule and the History of the Boundary: 1890-1967. 356 B. Legal Significance and Probative Value of Maps in Boundary Disputes: An Excursus. 368 C. Prelude to the Dispute: The Post-Independence... 2016
Erica J. Shell PETCOKE: HOW AN OUTDATED AND INCONSISTENT REGULATORY FRAMEWORK DEFEATS ENVIRONMENTAL JUSTICE IN DETROIT 17 Journal of Law in Society 3 (Spring, 2016) I. Introduction. 3 A. Environmental Injustice in America's Industrial Capital. 5 B. Petcoke-What Is It and How Did It Get Here?. 8 II. Background of Petcoke Production and Storage in Detroit. 9 A. Marathon's Detroit Heavy Oil Upgrade Project (DHOUP). 9 B. Environmental Impacts of Petcoke Production. 13 C. Detroit's Pile as a Lens to View Regulatory... 2016
John Copeland Nagle POPE FRANCIS, ENVIRONMENTAL ANTHROPOLOGIST 28 Regent University Law Review 7 (2015-2016) Giovanni di Pietro di Bernardone was born in Italy around 1181. His father was a wealthy silk merchant, and Giovanni relished his status as the wealthy son. But then he had a vision that changed his life and his name. The christened Francis lived in poverty, joined the poor in begging at St. Peter's Basilica, and began preaching in his hometown of... 2016
Nathalie Prescott PRISONER (IN)CONSIDERATION IN ENVIRONMENTAL JUSTICE ANALYSES 5/31/2016 Georgetown Environmental Law Review Online 1 (May 31, 2016) In October 2015, health officials in Flint, Michigan issued a public health declaration urging residents not to drink the city's tap water after tests showed high lead levels in children's blood. The city had switched tap water sources in April 2014 from Lake Huron by way of Detroit to the Flint River to save money. For more than a year, residents... 2016
Christopher D. Ahlers RACE, ETHNICITY, AND AIR POLLUTION: NEW DIRECTIONS IN ENVIRONMENTAL JUSTICE 46 Environmental Law 713 (Fall, 2016) Environmental justice recognizes that low-income, minority communities are disproportionately affected by air pollution, and that this problem should be addressed through environmental law and policy. While it is easy to identify general relationships between poverty, demographic patterns, and air pollution, it is far more difficult to demonstrate... 2016
Trayce A. Hockstad RATS AND TREES NEED LAWYERS TOO: COMMUNITY RESPONSIBILITY IN DEODAND PRACTICE AND MODERN ENVIRONMENTALISM 18 Vermont Journal of Environmental Law 105 (Fall, 2016) Introduction. 106 I. A Historic Look at Legal Representation for Non-Human Objects: Community Responsibility. 108 A. Deodand Practice. 108 B. Implications of Deodand. 111 C. What Happened to Deodand?. 114 II. Modern Laws of Nature: Environmental Standing in the United States. 116 A. Ideological Shifts. 116 B. Where Do We Stand?. 118 III. The Danger... 2016
Blake Hudson RELATIVE ADMINISTRABILITY, CONSERVATIVES, AND ENVIRONMENTAL REGULATORY REFORM 68 Florida Law Review 1661 (November, 2016) Both critics and supporters of federal environmental law have called for its reform. Conservative scholars and policy makers in particular have called for reform due to the size, scope, and cost of the federal environmental bureaucracy. To date, however, conservatives have implemented few successful alternative environmental protection policies... 2016
Rachael E. Salcido REVIVING THE ENVIRONMENTAL JUSTICE AGENDA 91 Chicago-Kent Law Review 115 (2016) I. Introduction. 115 II. Environmental Justice in the U.S.. 118 III. Obama Administration EJ Actions. 122 A. Structural Actions. 122 1. EJ Plan 2014 and EJ Plan 2020. 122 2. Interagency Working Group. 126 3. Data Collection. 127 B. Grant Programming. 128 C. Regulatory and Enforcement Actions. 129 IV. E.O. Limits and Tensions of Environmental Law... 2016
J. Michael Angstadt SECURING ACCESS TO JUSTICE THROUGH ENVIRONMENTAL COURTS AND TribUNALS: A CASE IN DIVERSITY 17 Vermont Journal of Environmental Law 345 (Spring, 2016) Introduction. 346 I. Access to Justice and Pressing Societal Issues. 347 A. Indigenous Rights. 349 B. Environmental Justice. 349 II. Specialized Courts: An Institutional Mechanism for Enhancing Access to Justice?. 350 III. Method and Cases. 352 A. India. 352 B. New Zealand. 355 IV. Analysis. 357 A. Standing. 358 1. India National Green Tribunal.... 2016
David Takacs SOUTH AFRICA AND THE HUMAN RIGHT TO WATER: EQUITY, ECOLOGY, AND THE PUBLIC TRUST DOCTRINE 34 Berkeley Journal of International Law 55 (Fall, 2016) After liberation from apartheid in 1996, South Africa's new, progressive Constitution proclaimed: Everyone has the right to have access to sufficient food and water. In this paper, I analyze South Africa's revolutionary legal vision for marrying social equity to ecology in fulfilling the right to water. South Africa's successes and obstacles as a... 2016
Matthew T. King SOVEREIGNTY'S GRAY AREA: THE DELIMITATION OF AIR AND SPACE IN THE CONTEXT OF AEROSPACE VEHICLES AND THE USE OF FORCE 81 Journal of Air Law and Commerce 377 (Summer, 2016) Debate over the delimitation of airspace and outer space has persisted since the dawn of the space age, without resolution. With the development of hybrid aerospace vehicles that can operate in and transition between the two zones, the line between their disparate legal regimes will be tested. And this test may not come with an after-the-fact... 2016
William H. Holley STARTING FROM SCRATCH: REASSERTING "Indian COUNTRY" IN ALASKA BY PLACING ALASKA NATIVE LAND INTO TRUST 11 Florida A & M University Law Review 333 (Spring, 2016) 301 Introduction. 303 I. The Present Scheme of Native Land Ownership in Alaska. 305 A. The Legal Trajectory of Native Land Ownership in Alaska. 306 1. The Alaska Native Claims Settlement Act. 307 2. The Venetie Indian Country Decision. 309 B. The Practical Impact of ANCSA. 311 1. Poverty in Rural Alaska. 311 2. Policing Rural Alaska. 313... 2016
Darryll M. Halcomb Lewis THE CREATION OF A HOSTILE WORK ENVIRONMENT BY A WORKPLACE SUPERVISOR'S SINGLE USE OF THE EPITHET "NIGGER" 53 American Business Law Journal 383 (Summer, 2016) Far more than a mere offensive utterance, the word nigger is pure anathema to African-Americans. Perhaps no single act can more quickly alter the conditions of employment and create an abusive working environment than the use of an unambiguously racial epithet such as nigger by a supervisor in the presence of his subordinates. This article... 2016
James S. Burns THE CROWN LANDS TRUST: WHO WERE, WHO ARE, THE BENEFICIARIES? 38 University of Hawaii Law Review 213 (Winter, 2016) In his 2008 book Who Owns the Crown Lands of Hawai'i?, Professor Jon M. Van Dyke asked: What was the trust status of the Crown Lands before the [1893] overthrow? Assuming Professor Van Dyke intended to use the word Monarchs rather than Monarchy, this paper agrees with Professor Van Dyke's answer that a law enacted in 1865 took away the... 2016
Geneva E.B. Thompson THE DOUBLE-EDGED SWORD OF SOVEREIGNTY BY THE BARREL: HOW NATIVE NationS CAN WIELD ENVIRONMENTAL JUSTICE IN THE FIGHT AGAINST THE HARMS OF FRACKING 63 UCLA Law Review 1818 (August, 2016) Natural resource extraction has become an appealing form of economic growth for many Native nations. Nations have experienced booming economic growth and prosperity from oil and gas development, but this has come at the expense of environmental and social harms to their communities. These environmental and social harms develop because the oil and... 2016
Carmen G. Gonzalez THE ENVIRONMENTAL JUSTICE IMPLICATIONS OF BIOFUELS 20 UCLA Journal of International Law and Foreign Affairs 229 (Spring, 2016) Analyses of the viability of biofuels as alternatives to fossil fuels have often adopted a technocratic approach that focuses on environmental consequences, but places less emphasis on the impact that biofuels may have on vulnerable populations. This Article fills the gap in the existing literature by evaluating biofuels through the lens of... 2016
Samit D'Cunha THE FIRST PLAGUE: THE DENIAL OF WATER AS A FORCIBLE TRANSFER UNDER INTERNationAL HUMANITARIAN LAW 24 Michigan State International Law Review 279 (2016) Introduction. 279 I. Determination of the Applicable Law in the West Bank. 282 II. The Scope of Deportation & Forcible Transfers Under Article 49 of the Fourth Geneva Convention. 287 III. Water Regulation in the West Bank. 292 A. Appropriation of Water Resources in the Aftermath of the Six Day War. 293 B. Water Regulation Under the Oslo Accords and... 2016
Liz Darling Edmondson THE INCORPORATION OF HEALTH IMPACT ANALYSIS INTO LAND USE REGULATION: USING HEALTH IMPACT ASSESSMENTS TO PROMOTE SUSTAINABLE, HEALTHY COMMUNITIES 8 Kentucky Journal of Equine, Agriculture, and Natural Resources Law 43 (2015-2016) A variety of health conditions are increasingly being connected to land use decision-making. Land use decisions, or policies that encourage suburban sprawl, can contribute to various adverse health impacts derived from neighborhoods that are not conducive to physical activity and increased traffic congestion that contributes to air pollution. Other... 2016
Nicole Zub THE NATURE OF EQUALITY: PROMOTING ENVIRONMENTAL JUSTICE IN KENTUCKY VIA THE FAIR HOUSING ACT 8 Kentucky Journal of Equine, Agriculture, and Natural Resources Law 591 (2015-2016) Across the United States, certain communities are subjected to more environmental hazards and pollution than others. A visit to any of the major cities will illuminate the disparities in living and working conditions for particular neighborhoods and populations. Despite that state environmental agencies are subject to Title VI of the Civil Rights... 2016
Michael Hozik THE OLYMPIC GAMES: A GLOBAL STAGE FOR ENVIRONMENTAL ACTIVISM AND PROGRESS 8/22/2016 Georgetown Environmental Law Review Online 1 (August 22, 2016) The 1994 Winter Olympics in Lillehammer, Norway were the first Olympic Games to explicitly include environmental considerations while preparing for and hosting of the Olympic Games. Since then, the International Olympic Committee (IOC) has updated its charter to encourage and support a responsible concern for environmental issues, to promote... 2016
Lécia Vicente THE TALE OF THE SILVER FOX: THE CO-EVOLUTION OF PROPERTY RIGHTS AND CONTRACTUAL ARRANGEMENTS IN LIMITED LIABILITY COMPANIES 26 Southern California Interdisciplinary Law Journal 189 (Fall, 2016) [W]hen we compare the dray-horse and race-horse, the dromedary and camel, the various breeds of sheep fitted either for cultivated land or mountain pasture, with the wool of one breed good for one purpose, and that of another breed for another purpose; when we compare the many breeds of dogs, each good for man in different ways; when we compare... 2016
Gavin Clarkson , Alisha Murphy TribAL LEAKAGE: HOW THE CURSE OF TRUST LAND IMPEDES TribAL ECONOMIC SELF-SUSTAINABILITY 12 Journal of Law, Economics & Policy 177 (Spring 2016) Gallup, New Mexico, is a border town just outside the Navajo Nation reservation with an estimated 22,000 residents; however, that number nearly triples on the first of the month. Social Security checks are distributed to elders and veterans on the first of the month, and most tribal members have neither access to a local bank nor sufficient... 2016
Kayla Kelly-Slatten UNCITRAL TRANSPARENCY: AN EXAMINation OF THE 2014 INTERNationAL ARBITRATION TRANSPARENCY RULES AND THEIR EFFECT ON INVESTOR-STATE ENVIRONMENTAL DISPUTES AND ECONOMIC FAIRNESS 8 Yearbook on Arbitration and Mediation 94 (2016) In 2002, Pacific Rim Mining Corporation (now owned by OceanaGold) began exploring gold mining in the Central American country El Salvador. Six years later, due to extreme public outcry regarding the polluted and depleted drinking water, Salvadoran President Elías Antonio Saca banned mineral mining, and denied all permits, including Pacific Rim's.... 2016
Jason W. Jutz UTILITY AIR REGULATORY GROUP v. ENVIRONMENTAL PROTECTION AGENCY: THE APOTHEOSIS OF IMPLICIT BIAS IN THE SUPREME COURT OF THE UNITED STATES OF AMERICA AGAINST ENVIRONMENTAL INTERESTS AND THEIR ADVOCATES 12 Journal of Animal & Natural Resource Law 53 (May, 2016) So confident am I in the intentions, as well as wisdom, of the government, that I shall always be satisfied that what is not done, either cannot, or ought not to be done. While I have a rather great respect for Thomas Jefferson, on this occasion, I do not share his view .. I take particular note of the epic failure by the Supreme Court of the... 2016
Caspar S. Miller A STATE OF INJUSTICE: APPLICATION OF AMERICAN ENVIRONMENTAL JUSTICE MOVEMENT PRINCIPLES TO SUB-SAHARAN AFRICA 36 Whittier Law Review 333 (Winter 2015) As society progresses in technology and industry, the greater the demand and stress upon the environment to fuel this advancement. Unfortunately, there is an end to every road, a place where waste and byproducts of industry go -- to facilities such as landfills, industrial plants, truck depots, or hazardous waste sites. Unsurprisingly, these sites... 2015
McCall Baugh AN UNFULFILLED PROMISE: HOW NationAL SECURITY DEFERENCE ERODES ENVIRONMENTAL JUSTICE 8 Golden Gate University Environmental Law Journal 81 (Spring, 2015) Environmental justice proponents seek equal treatment of every community regardless of color or socio-economic status. In particular, advocates highlight the environmental hazards that disproportionately affect low-income and minority communities. Much like other civil rights and environmental causes, environmental justice enjoyed an auspicious,... 2015
Sarah Schindler ARCHITECTURAL EXCLUSION: DISCRIMINation AND SEGREGATION THROUGH PHYSICAL DESIGN OF THE BUILT ENVIRONMENT 124 Yale Law Journal 1934 (April, 2015) The built environment is characterized by man-made physical features that make it difficult for certain individuals-- often poor people and people of color--to access certain places. Bridges were designed to be so low that buses could not pass under them in order to prevent people of color from accessing a public beach. Walls, fences, and highways... 2015
Ann M. Eisenberg BEYOND SCIENCE AND HYSTERIA: REALITY AND PERCEPTIONS OF ENVIRONMENTAL JUSTICE CONCERNS SURROUNDING MARCELLUS AND UTICA SHALE GAS DEVELOPMENT 77 University of Pittsburgh Law Review 183 (Winter, 2015) The debate surrounding the use of hydraulic fracturing (also known as fracking or HF) to extract natural gas from the Marcellus and Utica Shale deposits is often characterized as a tension between economic development and environmental risks. However, frequently missing from this dichotomy is the fact that the concerns of many who oppose HF use... 2015
Christopher K. Warren BLOWING THE WHISTLE ON ENVIRONMENTAL LAW: HOW CONGRESS CAN HELP THE EPA ENLIST PRIVATE RESOURCES IN THE FIGHT TO SAVE THE PLANET 42 Boston College Environmental Affairs Law Review 195 (2015) Following the 2008 financial crisis, regulators faced the task of returning the country to financial stability and protecting consumers. Given the challenges involved, Congress empowered the SEC and the CFTC, through the Dodd-Frank Act, to encourage whistleblowers to come forward through programs that provide significant financial rewards... 2015
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