Gregg P. Macey BOUNDARY WORK IN ENVIRONMENTAL LAW 53 Houston Law Review 103 (Fall, 2015) This Article introduces a new approach to environmental law, which I refer to as boundary work. Legal scholars organize environmental law around a series of boundary disputes. These include: federalism, beginning with the matching principle and the appropriate scale of response to pollution; statutory interpretation, including federal power to... 2015
Mallory Irwinsky COALBED METHANE DEVELOPMENT IN WYOMING AND MONTANA: THE POTENTIAL IMPACTS OF MONTANA V. WYOMING, COALBED METHANE DEVELOPMENT, AND WATER QUALITY ON THE TribES OF THE POWDER RIVER AND WIND RIVER BASINS 39 American Indian Law Review 553 (2014-2015) For the past few decades, the production of coalbed methane (CBM) across the United States has grown as the demand for fuel has increased across the nation, coupled with a desire for cleaner-burning energy sources. CBM, a form of natural gas, is not only cheaper to produce than conventional natural gas, but it is touted as a clean energy... 2015
Jootaek Lee CONTEMPORARY LAND GRABBING: RESEARCH SOURCES AND BIBLIOGRAPHY 107 Law Library Journal 259 (Spring, 2015) This article investigates issues related to contemporary land grabbing. First it defines contemporary land grabbing and identifies the difficulties of research. Next, it delineates various mechanisms and international principles that can be useful in protecting those affected by contemporary land grabs. Finally, it selectively reviews current... 2015
Jessica Embree CRIMINALIZING LAND-GRABBING: ARGUING FOR ICC INVOLVEMENT IN THE CAMBODIAN LAND CONCESSION CRISIS 27 Florida Journal of International Law 399 (December, 2015) I. Introduction. 399 II. History of Land-Grabbing. 402 III. Current Legal Framework in Cambodia. 404 A. Land Ownership Rights for Individuals. 404 B. Land Ownership Rights for Indigenous Communities. 405 C. Legal Framework and Procedures for Land Concessions. 406 D. Methods of Redress for Land Right Disputes. 408 IV. The International Criminal... 2015
Eirik Torsvoll DETERRING CONFLICT WITH CHINA: A COMPARISON OF THE AIR-SEA BATTLE CONCEPT, OFFSHORE CONTROL, AND DETERRENCE BY DENIAL 39-WTR Fletcher Forum of World Affairs 35 (Winter, 2015) China has, ever since the 1996 Taiwan Strait Crisis, attempted to develop the means to counter America's power projection abilities in the Asia-Pacific. During the Crisis, President Clinton deployed two U.S. aircraft carrier battle groups to the region in order to coerce China to end its hostilities toward Taiwan. The event greatly accelerated... 2015
Cara McClellan DISCRIMINation AS DISRUPTION: ADDRESSING HOSTILE ENVIRONMENTS WITHOUT VIOLatinG THE CONSTITUTION 34 Yale Law and Policy Review Inter Alia 1 (Fall, 2015) In early March 2015, a video surfaced showing members of the Sigma Alpha Epsilon (SAE) fraternity at the University of Oklahoma chanting: There will never be a nigger at SAE . you can hang him from a tree, but he'll never sign with me. Following the wide circulation of this video, the university's president expelled two students leading the... 2015
Gabriel Eckstein DRUGS ON TAP: MANAGING PHARMACEUTICALS IN OUR Nation'S WATERS 23 New York University Environmental Law Journal 37 (2015) Pharmaceuticals in the environment and public water supplies are believed to have serious impacts on human and environmental health. Current research suggests that exposure to certain drugs and their residues may result in a variety of adverse human health effects. Other studies more conclusively show that even minute concentrations of... 2015
Hajin Kim ECO-LABELS AND COMPETITION: ECO-CERTIFICATION EFFECTS ON THE MARKET FOR ENVIRONMENTAL QUALITY PROVISION 22 New York University Environmental Law Journal 181 (2015) Introduction. 181 I. Assumptions and Legal Context. 184 A. Factual Assumptions. 184 B. Legal Context. 186 II. The Justification For Eco-Certification. 190 A. The Facts. 190 B. Legal Analysis. 194 III. The Likely Anti-Competitive Effect of Producer-Led Eco-Label Entry. 199 A. The Facts. 199 B. Legal Analysis. 208 IV. The Scale Versus Exclusivity... 2015
Anu Paulose ECONOMIC HAZARDS OF ENVIRONMENTAL JUSTICE FOR LOWER-INCOME HOUSING TENANTS 39 William and Mary Environmental Law and Policy Review 507 (Winter, 2015) Proponents of environmental justice have long been aware that minorities and low-income individuals often bear a disproportionate share of environmental costs. This situation is highlighted by the affordable housing crisis in the United States. Providing affordable housing that is environmentally sound requires balancing a number of interests:... 2015
Alexandra Dapolito Dunn , Chandos Culleen ENGINES OF ENVIRONMENTAL INNOVATION: REFLECTIONS ON THE ROLE OF STATES IN THE U.S. REGULATORY SYSTEM 32 Pace Environmental Law Review 435 (Spring, 2015) Ralph Waldo Emerson said, [d]o not go where the path may lead, go instead where there is no path and leave a trail. This reflection from an American poet with a passion for the environment seems to set the stage well for an article reflecting on the role of state environmental regulatory, programmatic, and management innovation. States are often... 2015
Carmen G. Gonzalez ENVIRONMENTAL JUSTICE, HUMAN RIGHTS, AND THE GLOBAL SOUTH 13 Santa Clara Journal of International Law 151 (2015) From the Ogoni people devastated by oil drilling in Nigeria to the Inuit and other indigenous populations threatened by climate change, communities disparately burdened by environmental degradation are increasingly framing their demands for environmental justice in the language of human rights. Domestic and international tribunals have concluded... 2015
Barry E. Hill ENVIRONMENTAL JUSTICE: LEGAL THEORY AND PRACTICE 45 Environmental Law Reporter News & Analysis 10236 (March, 2015) This Article is adapted from Barry E. Hill, Environmental Justice: Legal Theory and Practice (3d ed. 2014), published by ELI Press. This textbook/handbook explores how environmental justice concerns are framed, addressed, and resolved in the United States through acts of civil disobedience; federal, state, and local government initiatives;... 2015
Paul Sabin ENVIRONMENTAL LAW AND THE END OF THE NEW DEAL ORDER 33 Law and History Review 965 (November, 2015) I don't think there was ever a field of law which developed as explosively and dramatically as environmental law, David Sive, a pioneering environmental lawyer, declared in a 1982 interview. It was the great romance. Along with new state and federal regulatory agencies and more than a dozen major environmental statutes passed in the 1970s,... 2015
Craig Anthony (Tony) Arnold ENVIRONMENTAL LAW, EPISODE IV: A NEW HOPE? CAN ENVIRONMENTAL LAW ADAPT FOR RESILIENT COMMUNITIES AND ECOSYSTEMS? 21 Journal of Environmental and Sustainability Law 1 (Fall, 2015) It is a period of uncertainty and change. Climate change is threatening communities and ecosystems. The old regimes are fragmented, divided, only partially effective. They falter in the face of drought, flood, invasive species, polluted runoff, and land-development pressures. The landscapes of forests, farms, and cities are changing, even shifting.... 2015
Shannon M. Roesler FEDERALISM AND LOCAL ENVIRONMENTAL REGULATION 48 U.C. Davis Law Review 1111 (February, 2015) From green building initiatives to local farmers' markets, local governments have become major players in addressing the most pressing environmental and public health concerns. For example, in the absence of national climate change legislation, municipalities are leading the way in transportation and development strategies to mitigate and adapt to... 2015
Ciprian N. Radavoi FENCELINE COMMUNITIES AND ENVIRONMENTALLY DAMAGING PROJECTS: AN ASYMPTOTICALLY EVOLVING RIGHT TO VETO 29 Tulane Environmental Law Journal 1 (December 1, 2015) The issue of unwanted facilities siting was discussed for decades by academics, as far as the local community--government dialogue is concerned, in the so-called NIMBY (Not In My Back Yard) and LULU (Locally Unwanted Land Uses) literature; as for the local community-transnational corporation dialogue, it has been more recently analyzed in the... 2015
Purba Mukerjee FIGHTING FOR AIR IN Indian COUNTRY: CLEAN AIR ACT JURISDICTION IN OFF-RESERVATION TribAL LAND 45 Environmental Law Reporter News & Analysis 10966 (October, 2015) Acting under its Clean Air Act (CAA) authority, the U.S. Environmental Protection Agency (EPA) has attempted to regulate air quality on behalf of Native American tribes. However, the D.C. Circuit--in reviewing EPA's tribal CAA rules--significantly cut back on these efforts, resulting in state encroachment on the environmental authority... 2015
Liza Guerra Garcia FREE THE LAND : A CALL FOR LOCAL GOVERNMENTS TO ADDRESS CLIMATE-INDUCED FOOD INSECURITY IN ENVIRONMENTAL JUSTICE COMMUNITIES 41 William Mitchell Law Review 572 (2015) I. Introduction. 573 II. Climate Change. 574 A. The Science of Climate Change. 576 B. Impacts and Projections. 577 C. Minnesota's Changing Climate. 580 III. Overview of Environmental Justice. 582 IV. Environmental Justice and Food Security. 585 A. The Nexus of Environmental Justice, Vulnerability, and Food Insecurity. 585 B. Urban Indigenous... 2015
Benjamin Mason Meier , Yuna Kim HUMAN RIGHTS ACCOUNTABILITY THROUGH TREATY BODIES: EXAMINING HUMAN RIGHTS TREATY MONITORING FOR WATER AND SANITATION 26 Duke Journal of Comparative & International Law 141 (Fall 2015) Framing scholarship on human rights accountability through treaty bodies, this article examines the water and sanitation content of state human rights reporting to the United Nations Committee on Economic, Social and Cultural Rights. In this novel application of analytic coding methods to state human rights reports, the authors trace the... 2015
Rebecca Tsosie IndigenOUS PEOPLES AND THE ETHICS OF REMEDIATION: REDRESSING THE LEGACY OF RADIOACTIVE CONTAMINation FOR NATIVE PEOPLES AND NATIVE LANDS 13 Santa Clara Journal of International Law 203 (2015) Most readers probably paid little attention to the small entry in a local New Mexico newspaper on December 28, 2013: Uranium project on Navajo Nation gets green light. According to the article, Navajo lawmakers voted to grant a mining company permission to operate a demonstration uranium recovery project on lands within the Church Rock chapter... 2015
Mohamed F. Sweify INVESTMENT-ENVIRONMENT DISPUTES: CHALLENGES AND PROPOSALS 14 DePaul Business & Commercial Law Journal 133 (Winter 2015) How effective is arbitration in resolving investment disputes, and what are the prospects of this method when the dispute involves non-investment issues, such as the environmental issues? These questions are likely to prompt diverse discussions and analysis of overlapping bodies of law. It is apparent that the system of investment arbitration is a... 2015
Tamara L. Slater INVESTOR-STATE ARBITRATION AND DOMESTIC ENVIRONMENTAL PROTECTION 14 Washington University Global Studies Law Review 131 (2015) Introduction. 131 I. International Agreements and Global Environmental Protection. 134 A. World Trade and International Investment Agreements. 134 B. Investor-State Dispute Settlement (ISDS) Provisions. 136 C. International Environmental Protection Measures. 140 II. The Challenge of Implementing International Environmental Policies Through... 2015
Tanya Kapoor IS SUCCESSFUL WATER PRIVATIZATION A PIPE DREAM?: AN ANALYSIS OF THREE GLOBAL CASE STUDIES 40 Yale Journal of International Law 157 (Winter 2015) Introduction. 158 I. Methodology. 161 A. Class Dynamics. 161 B. Business and Deal Structure. 162 C. Political Climate. 163 II. Cochabamba, Bolivia. 163 A. Background. 163 B. The Cochabamba Privatization. 164 C. The Model Applied. 167 III. KwaZulu-Natal, South Africa. 171 A. Background. 171 B. The KwaZulu-Natal Privatization. 172 C. The Model... 2015
Rita Lenane IT DOESN'T SEEM VERY FAIR, BECAUSE WE WERE HERE FIRST: RESOLVING THE SIOUX Nation Black HILLS LAND DISPUTE AND THE POTENTIAL FOR RESTORATIVE JUSTICE TO FACILITATE GOVERNMENT-TO-GOVERNMENT NEGOTIATIONS 16 Cardozo Journal of Conflict Resolution 651 (Winter, 2015) As we work together to forge a brighter future for all Americans, we cannot ignore a history of mistreatment and destructive policies that have hurt tribal communities. The United States seeks to continue restoring and healing relations with Native Americans and . . . [w]e further recognize that restoring tribal lands through appropriate means... 2015
Elena Pacheco IT'S A FRACKING CONUNDRUM: ENVIRONMENTAL JUSTICE AND THE BATTLE TO REGULATE HYDRAULIC FRACTURING 42 Ecology Law Quarterly 373 (2015) Over the past five years, the process of hydraulic fracturing, or fracking, has become a hot-button topic in the media and the courtroom. As more information about fracking becomes publicly available, serious questions have arisen about the environmental and health hazards it poses. In light of these risks, local governments have been some of the... 2015
Scott P. Stedjan LAND IS NOT THE NEW OIL: WHAT THE NIGERIAN OIL EXPERIENCE CAN TEACH SOUTH SUDAN ABOUT BALANCING THE RISKS AND BENEFITS OF LARGE SCALE LAND ACQUISITION 3 Penn State Journal of Law & International Affairs 168 (February, 2015) The only reason why we are hungry is because of how we have been investing in Agriculture.--Ann Itto, South Sudan's Minister of Agriculture When food becomes scarce, the investor needs a weak state that does not force him to abide by any rules.-- Phillepe Heilberg of Jarch Capital Recent global food price volatility combined with the growing... 2015
Erik Podhora LESSONS FOR CLIMATE CHANGE REFORM FROM ENVIRONMENTAL HISTORY: 19TH CENTURY WILDLIFE PROTECTION AND THE 20TH CENTURY ENVIRONMENTAL MOVEMENT 30 Journal of Environmental Law & Litigation 1 (2015) Introduction. 3 I. State Wildlife Laws of The Late 19th Century. 7 A. Background. 7 B. Factors Contributing to Enactment of State Wildlife Laws. 10 1. Changes in Philosophy. 11 2. Demographic Changes and the End of the Frontier. 14 3. The Role of Organized Groups. 16 C. Challenges to State Wildlife Laws. 18 1. Legal Challenges. 19 2. Local... 2015
Xiaoxin Shi MAKING ENDS MEET: USING A MARKET-BASED APPROACH TO INCENTIVIZE FOREIGN VESSELS TO COMPLY WITH THE AIR EMISSION STANDARDS OF MARPOL ANNEX VI 4 Penn State Journal of Law & International Affairs 556 (December, 2015) Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL) sets mandatory air emission standards for ocean-going vessels. Ratifying countries are required to enact legislation to implement MARPOL Annex VI (Annex VI) within their jurisdictions. The United States adopted Annex VI through the Act to Prevent Pollution... 2015
Catherine J. Iorns Magallanes MAORI CULTURAL RIGHTS IN AOTEAROA NEW ZEALAND: PROTECTING THE COSMOLOGY THAT PROTECTS THE ENVIRONMENT 21 Widener Law Review 273 (2015) Indigenous views of their relationship with the natural world differ from those of the states within which they live. Such different views stem from different cosmologies and religions that define the appropriate place of humankind within nature. They give rise to different understandings of human rights and responsibilities in relation to the... 2015
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