Barry E. Hill ENVIRONMENTAL JUSTICE AND THE TRANSITION FROM FOSSIL FUELS TO RENEWABLE ENERGY 53 Environmental Law Reporter (ELI) 10317 (April, 2023) This Article explores the environmental justice, climate justice, and sustainable development implications of the recently enacted Inflation Reduction Act, which encourages domestically produced and processed minerals for the country's energy transition from fossil fuels. It examines (1) the resulting need for a resurgence of mining in Indian... 2023
Luis Cruz ENVIRONMENTAL JUSTICE CONSIDERATIONS IN SITING SPENT NUCLEAR FUEL DISPOSAL 91 George Washington Law Review 499 (April, 2023) There are 80,000 metric tons of uranium stranded at nuclear power plant sites throughout the United States with no clear path to permanent disposal. Although there is a consensus on using a consent-based siting process for the disposal of spent nuclear fuel, no statutory authority exists to execute such a consent-based approach. This Note analyzes... 2023
Danielle W. Mason ENVIRONMENTAL JUSTICE FOR ALL 59-JAN Trial 18 (January, 2023) People of color are often disproportionately impacted by environmental hazards. Trial lawyers can play a crucial role in righting this devastating imbalance. In this country, more than half of the people who live close to hazardous waste sites are people of color, and they are more likely to die of environmental causes. Communities of color are 75%... 2023
Alexandra Guillot ENVIRONMENTAL JUSTICE IN POLLUTION HOTSPOTS AND SECTIONS 7 & 15 OF THE CHARTER: THE CASE OF THE AAMJIWNAANG COMMUNITY IN "CHEMICAL VALLEY" 53 Environmental Law 273 (Spring, 2023) Chemical Valley in Sarnia, Ontario, the site of almost half of Canada's chemical industry, is one of the most polluted areas in the country. It is also home to the Aamjiwnaang First Nation, whose community members, as a result of their proximity to this cluster of polluting facilities, experience much higher risk and actual harm to their health... 2023
Wade C. Foster , Krista K. McIntyre ENVIRONMENTAL JUSTICE: ONE KEY TO CORPORATE SUSTAINABILITY 66-MAY Advocate 22 (May, 2023) Consider these three statements: I experience odor or discoloration in my tap water, English is not the primary language spoken in my home, and I live near industrial activity. Now, consider these statements: The organization that I work for can access environmental subject matter experts, the organization that I work for has influence in the... 2023
Travis M. Trimble ENVIRONMENTAL LAW 74 Mercer Law Review 1387 (Summer, 2023) In 2022, the United States Court of Appeals for the Eleventh Circuit held that a plaintiff and the organization to which she belonged had standing, based on her claimed injury to her aesthetic well-being, to bring a Clean Water Act (CWA) citizen suit against a developer who had allegedly filled a wetland in violation of its permit, even though the... 2023
Jerry L. Anderson, Amy Grace Vaughan ENVIRONMENTAL PENALTIES: DISCRETION AND DISPARITY 42 Stanford Environmental Law Journal 3 (February, 2023) I. Introduction. 4 II. A Case Study in the Shortcomings of Penalty Discretion: California Coastal Commission. 7 III. Penalty Authority: Statutory, Regulatory, and Policy Provisions. 12 A. Federal Statutory Enforcement Authority. 13 B. EPA Penalty Policies. 16 C. Judicial Determination of Penalties. 23 D. State Penalty Authority. 26 IV. Data... 2023
Johanna Rahnasto EXPLORING THE ROLE OF PATENT OFFICES IN CLIMATE CHANGE MITIGATION 23 Chicago-Kent Journal of Intellectual Property 56 (12/20/2023) Patent offices are developing new programs to help in climate change mitigation. What can they deliver? This Article provides a contemporary overview of the different green technology initiatives promoted by patent offices: fast-tracking of patent applications, search platforms, applicant resources, and publicity and awareness programs. The Article... 2023
  FEDERAL COURTS--TRIBAL SOVEREIGNTY AND FISHING RIGHTS--SECOND CIRCUIT CONFIRMS EXCEPTION TO SOVEREIGN IMMUNITY FOR TRIBAL CLAIMS RELATING TO LAND AND FISHING RIGHTS.--SILVA v. FARRISH, 47 F.4TH 78 (2D CIR. 2022) 136 Harvard Law Review 2012 (May, 2023) Tribal sovereignty grants Native American nations the right to govern themselves and their lands, thereby protecting, honoring, and preserving their communities and culture. Despite these guarantees, tribal sovereignty is often illusory in practice and has been systemically eroded by courts, state governments, and Congress alike, leading Native... 2023
  FEDERAL ENVIRONMENTAL JUSTICE LEGISLATION AND REGULATIONS 53 Environmental Law Reporter (ELI) 10527 (July, 2023) With passage of the Inflation Reduction Act and Water Resources Development Act of 2022, the statutory landscape has changed to reflect the Biden Administration's emphasis on environmental justice. On February 27, 2023, the Environmental Law Institute (ELI) and ELI's Pro Bono Clearinghouse co-hosted a panel of experts who explored how communities... 2023
Jayesh Rathod FLEEING THE LAND OF THE FREE 123 Columbia Law Review 183 (January, 2023) This Essay is the first scholarly intervention, from any discipline, to examine the number and nature of asylum claims made by U.S. citizens, and to explore the broader implications of this phenomenon. While the United States continues to be a preeminent destination for persons seeking humanitarian protection, U.S. citizens have fled the country in... 2023
Chloe Picchio FORTUNE FAVORS THE BOLD--UNLESS YOU'RE IN RURAL AMERICA: LEGISLATING THE ENVIRONMENTAL EFFECTS OF CRYPTOCURRENCY 24 North Carolina Journal of Law & Technology 67 (April, 2023) Cryptocurrency aims to democratize financial transactions. Through a digitized blockchain, cryptocurrency miners can mine currency with the rapid use of equations, which adds the cryptocurrency to the blockchain and financially rewards the miners. Proof-of-work mining, used for Bitcoin, the most prevalent cryptocurrency, consumes massive amounts... 2023
Paige Bellamy FREE, PRIOR INFORMED CONSENT AND EXTRACTIVE INDUSTRY: INDIGENOUS ACTION IS THE PAST, PRESENT, AND FUTURE OF GLOBAL ENVIRONMENTAL JUSTICE 13 Barry University Environmental and Earth Law Journal 105 (Summer, 2023) The fight for control of land and what lies within the earth has shaped, and continues to shape, much of human history. As Australian historian Patrick Wolfe stated: Land is life--or, at least, land is necessary for life. Thus, contests for land can be--indeed, often are--contests for life. Often at the center of these conflicts, Indigenous... 2023
Shai Stern FROM "SIT AND WAIT" TO "PROACTIVE REGULATION": A MODEL FOR ENVIRONMENTAL REGULATION OF PRIVATE PROPERTY 53 Environmental Law 33 (Winter, 2023) Let me start from the end: recent years indicate that the world is moving in the right direction by increasing environmental awareness and attempting to deal with immediate and long-term environmental threats on an ongoing basis. But the path to achieving these results--like any transition from one point to another--involves significant costs for... 2023
Anthony Moffa FROM COMPREHENSIVE LIABILITY TO CLIMATE LIABILITY: THE CASE FOR A CLIMATE ADAPTATION RESILIENCE AND LIABILITY ACT (CARLA) 47 Harvard Environmental Law Review 473 (2023) C1-2Table of Contents Introduction. 473 I. The Early 1980s and the Early 2020s. 477 A. The 1980s. 477 B. The 2020s. 486 II. The Inefficiency of the Tort Solution. 495 A. The Fate of Pending Adaptation Torts Cases. 495 B. Causation and Adaptation Damages Calculations. 501 III. The Political and Policy Case for a Statutory Remedy. 505 IV. Features of... 2023
Madison MacLeod FROM NATURE TO NUISANCE: A HISTORICAL OBSERVATION ON THE TRAJECTORY OF ENVIRONMENTAL LAW 15 Golden Gate University Environmental Law Journal 35 (Spring, 2023) Environmental law and policy in the United States has had a wavering trajectory, ebbing and flowing with the tides of societal awareness, technological advancements, and political leadership. Although many of the early roots of Western environmental policy stem from a combination of resource depletion and public outrage in Europe, these notions... 2023
Hélène Tigroudja FROM THE "GREEN TURN" TO THE RECOGNITION OF AN AUTONOMOUS RIGHT TO A HEALTHY ENVIRONMENT: ACHIEVEMENTS AND CHALLENGES IN THE PRACTICE OF UN TREATY BODIES 117 AJIL Unbound 179 (2023) Since the end of the 2010s, some of the UN human rights treaty bodies have affirmed and enhanced states' obligations in relation to the environment. This green turn, deeply influenced by the jurisprudence of the regional human rights tribunals and the work of UN Special Procedures, raises the question of the potential recognition of an autonomous... 2023
Altamush Saeed FROM THE UNITED STATES TO PAKISTAN: CAN CLIMATE CHANGE PAVE THE WAY FOR AN INTERNATIONAL RIGHT TO ANIMAL RESCUE IN DISASTERS? 29 Animal Law 193 (2023) Over 69% of the world's wildlife has been lost between 1970 and 2018. Catastrophic events like the Australian bushfires, the Amazon rainforest fires, and the ongoing floods in the United States have led to the deaths of several billion animals. Ongoing apocalyptic floods have put one-third of Pakistan underwater and led to the deaths of over a... 2023
Stephen Cody, Suffolk University Law School, Boston, Massachusetts, USA GLOBAL BURNING: RISING ANTIDEMOCRACY AND THE CLIMATE CRISIS. BY EVE DARIAN-SMITH. STANFORD: STANFORD UNIVERSITY PRESS, 2022. 230 PP. $22.00 PAPERBACK 57 Law and Society Review 410 (September, 2023) [O]ur planet is literally and metaphorically on fire, writes Eve Darian-Smith (p. 137). Wildfires burn throughout California. Bushfires rage in Australia. The Amazon smolders. In Global Burning: Rising Antidemocracy And The Climate Crisis, Darian-Smith investigates the origins of these catastrophic wildfires and their disproportionate impacts on... 2023
John Landzert GREEN NEW APPEAL?: THE DUE PROCESS CLAUSE AS A DEFENSE AGAINST STATE PREEMPTION OF MUNICIPAL ENVIRONMENTAL LAWS 64 Boston College Law Review 1243 (May, 2023) Abstract: As action to combat climate change stalls on the federal level, cities and towns have taken the lead in passing environmentally friendly legislation. Nevertheless, as political polarization continues, states have increasingly employed preemption ceilings to curb municipal legislative efforts. Many state constitutions are structured in a... 2023
Jose Garcia-Fuerte , William Garriott GREENING THE GREEN RUSH: HOW ADDRESSING THE ENVIRONMENTAL IMPACT OF CANNABIS LEGALIZATION CAN ENHANCE SOCIAL EQUITY AND REMEDIATE THE HARMS OF THE WAR ON DRUGS 53 Environmental Law 169 (Spring, 2023) The legalization of cannabis in the United States has focused on creating regulated, for-profit commercial markets modeled on alcohol to replace the prohibition regime that held sway for most of the 20th Century. Like the fabled gold rush of the 19th Century, this new market opportunity has been a magnet for entrepreneurs and prospectors of all... 2023
John Latson HIGHER ALTITUDES AND HIGHER STANDARDS: ADVOCATING THE FCC REQUIRE ENVIRONMENTAL ASSESSMENTS FOR MEGA-CONSTELLATIONS 16 Journal of Business, Entrepreneurship and the Law 105 (Fall, 2022 & Spring, 2023) I. Introduction. 106 Ii. The National Environmental Policy Act's Purpose And Procedure. 109 A. The Federal Government As Trustee Of The Environment For Succeeding Generations. 109 B. The Nepa Process. 111 C. Council On Environmental Quality. 113 Iii. The Federal Communications Commission's Policy On Categorical Exclusions And Environmental... 2023
Sarah Dávila A. HOW MANY MORE BRAZILIAN ENVIRONMENTAL DEFENDERS HAVE TO PERISH BEFORE WE ACT? PRESIDENT LULA'S CHALLENGE TO PROTECT ENVIRONMENTAL QUILOMBOLA DEFENDERS 47 William and Mary Environmental Law and Policy Review 657 (Spring, 2023) The Global South has been historically marginalized and continues to suffer from systemic oppression, impeding the realization of their human rights. Afro-descendants and other minority populations in the Global South live in disproportionately environmentally unsafe conditions and are disproportionately more vulnerable to climate change and... 2023
Anna A. Mance HOW PRIVATE ENFORCEMENT EXACERBATES CLIMATE CHANGE 44 Cardozo Law Review 1493 (April, 2023) Private enforcement--the practice of allowing private actors to directly enforce statutes or regulations--has been a fixture of environmental law for the last fifty years. In the absence of comprehensive climate legislation, climate change has been brought under the fold of the environmental regime and its emphasis on private enforcement. Yet... 2023
Gwen Keyes Fleming , Lawrence K. Pittman IMPLEMENTING ENVIRONMENTAL JUSTICE--THE ABA EJ TASK FORCE 54 No. 3 ABA Trends 16 (January/February, 2023) Martin Luther King Jr. declared that injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. This declaration could not be truer today. King's last stand for civil rights was advocating for the working... 2023
Jaime S. King, Joanna Manning, Alistair Woodward IN THIS TOGETHER: INTERNATIONAL COLLABORATIONS FOR ENVIRONMENTAL AND HUMAN HEALTH 51 Journal of Law, Medicine & Ethics 271 (Summer, 2023) Keywords: Climate Change, Environmental and Human Health, Economic Case for Climate action, International Collaborations Abstract: Climate change exacts a devastating toll on health that is rarely incorporated into the economic calculus of climate action. By aligning health and environmental policy and collaborating across borders, governments and... 2023
Alexandra Dapolito Dunn , Irma S. Russell INCLUSIVENESS: ADVANCING ENVIRONMENTAL JUSTICE IN A DIVERSE DEMOCRACY 62 No. 4 Judges' Journal 6 (Fall, 2023) Today, environmental justice (EJ) is more than a significant and meaningful social movement. EJ has now emerged--after at least five decades--as a major initiative for the federal government and for many state governments. Since the beginnings of the EJ movement, its proponents have sought redress for the disproportionate and negative impacts of... 2023
Olabisi D. Akinkugbe , Adebayo Majekolagbe INTERNATIONAL INVESTMENT LAW AND CLIMATE JUSTICE: THE SEARCH FOR A JUST GREEN INVESTMENT ORDER 46 Fordham International Law Journal 169 (January, 2023) Efforts are underway to craft responses to the climate crisis within the international investment order. This Article highlights international investment law (IIL) and international climate law (ICL) as two basic governance contexts within which investment-related responses to climate change are being designed. There is, however, a... 2023
Maria Antonia Tigre INTERNATIONAL RECOGNITION OF THE RIGHT TO A HEALTHY ENVIRONMENT: WHAT IS THE ADDED VALUE FOR LATIN AMERICA AND THE CARIBBEAN? 117 AJIL Unbound 184 (2023) Although there is still no United Nations treaty on the right to a healthy environment, the recognition of the right by the UN General Assembly and the UN Human Rights Council have helped solidify its status as customary international law. The overwhelming recognition of the right at the national and regional levels, and now at the United Nations,... 2023
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