Michael A. Livermore , Richard L. Revesz RETHINKING HEALTH-BASED ENVIRONMENTAL STANDARDS 89 New York University Law Review 1184 (October, 2014) Under the Clean Air Act, the U.S. Environmental Protection Agency (EPA) is required to determine the stringency of the National Ambient Air Quality Standards (NAAQS), arguably the most important federal environmental program, without considering the costs of achieving these standards. Instead, it must rely exclusively on health-related criteria.... 2014
Henry N. Butler , Nathaniel J. Harris SUE, SETTLE, AND SHUT OUT THE STATES: DESTROYING THE ENVIRONMENTAL BENEFITS OF COOPERATIVE FEDERALISM 37 Harvard Journal of Law & Public Policy 579 (Spring, 2014) Introduction. 580 I. The Background and Legal Standard for Sue-and-Settle Consent Orders. 587 A. General Consent Decree Doctrine. 588 B. Consent Decree Procedure for Government Entities. 590 C. Intervention Under Rule 24 and Joinder Under Rules 19 and 21. 592 D. Modification. 596 II. The Effect of Sue-and-Settle on Environmental Policy. 598 A.... 2014
Tonya Lewis , Jessica Owley SYMBOLIC POLITICS FOR DISEMPOWERED COMMUNITIES: STATE ENVIRONMENTAL JUSTICE POLICIES 29 BYU Journal of Public Law 183 (2014) When Samara Swanston was growing up in the Corona and East Elmhurst neighborhoods of Queens, New York, she played in vacant lots and small wetlands containing turtles, frogs, salamanders, and tent caterpillar nests in the trees. Decades later, the vacant lots that once served as playgrounds for jovial children had come to serve as local dumps for... 2014
Jacquelyn A. Thomas THE FAILURE AND FUTURE OF LAKE OKEECHOBEE WATER RELEASES: A QUASI-GOVERNMENTAL SOLUTION 42 Florida State University Law Review 285 (Fall, 2014) I. Introduction. 285 II. The History and Current Regime Surrounding the Lake Okeechobee Basin. 287 A. How Did We Get Here?. 287 B. The Senate Select Committee on Indian River Lagoon and Lake Okeechobee Basin. 290 III. Jurisdiction over Navigable Waterways. 291 A. The Case Law Defining Navigability. 292 B. The Clean Water Act. 294 IV. Federalism and... 2014
Hari M. Osofsky THE GEOGRAPHY OF SOLVING GLOBAL ENVIRONMENTAL PROBLEMS: REFLECTIONS ON POLYCENTRIC EFFORTS TO ADDRESS CLIMATE CHANGE 58 New York Law School Law Review 777 (2013/2014) In approaching the symposium topic of solving global environmental problems, I faced three dilemmas regarding the problem--climate change--that has occupied much of my time over the past several years. First, I do not regard it as global. While certainly climate change has global dimensions, which makes attempts to solve it through... 2014
Ernest F. Lidge III THE NECESSITY OF EXPANDING PROTECTION FROM RETALIATION FOR EMPLOYEES WHO COMPLAIN ABOUT HOSTILE ENVIRONMENT HARASSMENT 53 University of Louisville Law Review 39 (2014) Our nation's employment discrimination laws contain an inherent contradiction. The law imposes a greater duty on employees to complain when they have suffered from a discriminatory hostile environment than when they have been subjected to a discriminatory tangible employment action. However, the anti-retaliation laws, as a practical matter, provide... 2014
Lane A. Johnson THE RACE THAT ISN'T: HOW INDUSTRY CAN ACTUALLY HELP DRIVE AN INTERNationAL TREND OF HEIGHTENED ENVIRONMENTAL REGULATION IN THE COPPER MINING INDUSTRY 26 Georgetown International Environmental Law Review 327 (2014) On September 16, 2013, a large British mining company named Anglo American announced that it would be withdrawing from a controversial copper and gold mining project in Alaska after encountering a great deal of opposition from the Environmental Protection Agency (EPA) and environmental interest groups. There were concerns that the proposed mine... 2014
Sara Gonzalez-Rothi Kronenthal THE RIPPLE EFFECT: HOW A LAWSUIT SEEKING CLEANER WATER MAY BE BACKFIRING 3 LSU Journal of Energy Law & Resources 1 (Fall, 2014) Success in litigation requires more than a favorable order. For parties to achieve a desired outcome, forces outside the courtroom must not interfere with the legal victory. In 2009, conservation groups succeeded in negotiating a settlement that, on its face, seemed to promise cleaner water in Florida. However, a ripple of social and political... 2014
  TOXIC COMMUNITIES: ENVIRONMENTAL RACISM, INDUSTRIAL POLLUTION, AND RESIDENTIAL MOBILITY BY DORCETA E. TAYLOR (NEW YORK UNIVERSITY PRESS; 281 PAGES; 2014) 55 Natural Resources Journal 236 (Fall 2014) Most people today are familiar with the basic contours of the environmental justice argument: racial and ethnic minorities and the poor are subjected to greater environmental risks and harm than other population groups. In Toxic Communities: Environmental Racism, Industrial Pollution, and Residential Mobility, Dorceta E. Taylor offers a much deeper... 2014
Lea Lambert TRADING RIGHTS FOR GREENHOUSE GASES: THE DILEMMA OF CAP-AND-TRADE AND ENVIRONMENTAL JUSTICE 24 George Mason University Civil Rights Law Journal 205 (Spring 2014) On August 29, 2005, Hurricane Katrina ravaged the Gulf Coast and quickly proceeded towards the city of New Orleans where the storm would prove to be beyond devastating for many residents. Though the impact of the devastation in New Orleans can be partly attributed to a lack of disaster preparedness and absence of political transparency,... 2014
Jeanette Wolfley TribAL ENVIRONMENTAL PROGRAMS: PROVIDING MEANINGFUL INVOLVEMENT AND FAIR TREATMENT 29 Journal of Environmental Law & Litigation 389 (2014) Introduction. 390 I. Background of Tribal Environmental Authority. 393 II. Policies Supporting Meaningful Involvement and Fair Treatment. 399 A. Providing Good Governance. 400 B. Respecting the Interests of Community Members. 402 C. Protecting and Promoting Tribal Sovereignty. 405 III. Defining Meaningful Involvement and Fair Treatment . 409 A.... 2014
Alan Ramo U.S. MILITARY ACCOUNTABILITY FOR EXTRATERRITORIAL ENVIRONMENTAL IMPACTS: AN EXAMINation OF OKINAWA, ENVIRONMENTAL JUSTICE, AND JUDICIAL MILITARISM 28 Tulane Environmental Law Journal 53 (Winter 2014) Local resistance to the relocation of a U.S. military base to a bay threatening an endangered sea mammal off the coast of the island of Okinawa raises important issues regarding the extraterritoriality of U.S. environmental laws, the role of the courts in reviewing military operations, and ultimately environmental justice. These issues are being... 2014
Amy Hardberger WATER IS A GIRL'S BEST FRIEND: EXAMINING THE WATER VALUATION DILEMMA 62 University of Kansas Law Review 893 (May, 2014) When the well is dry, we know the worth of water. . . . . Only what is rare is valuable, and water, which is the best of all things . . . is also the cheapest. These two quotes personify the current challenge facing water sustainability and the role of markets. Reflected in these words is a traditional economic model of supply and demand and... 2014
Alison Leary WATER YOU WAITING FOR? BALANCING PRIVATE RIGHTS AND PUBLIC NECESSITY IN THE SOUTH ATLANTIC WETLANDS 6 Washington and Lee Journal of Energy, Climate, and the Environment 243 (2014) A healthy and robust network of wetlands protects coastal communities from storm damage caused by hurricanes. Unfortunately, development pressures threaten wetlands along the South Atlantic coast, the region most susceptible to an increased risk of climate change induced hurricanes. If these wetlands are not protected from destruction, coastal... 2014
Robert L. Glicksman WILDERNESS MANAGEMENT BY THE MULTIPLE USE AGENCIES: WHAT MAKES THE FOREST SERVICE AND THE BUREAU OF LAND MANAGEMENT DIFFERENT? 44 Environmental Law 447 (Spring 2014) The organic statutes for the Forest Service and the Bureau of Land Management direct each agency to manage lands under its jurisdiction in accordance with nearly identical multiple use, sustained yield mandates. Like the dominant use agencies, the National Park Service and the Fish and Wildlife Service, the multiple use agencies are required to... 2014
Hope M. Babcock [THIS] I KNOW FROM MY GRANDFATHER: THE BATTLE FOR ADMISSIBILITY OF IndigenOUS ORAL HISTORY AS PROOF OF TribAL LAND CLAIMS 37 American Indian Law Review 19 (2012-2013) A major obstacle indigenous land claimants must face is the application of federal evidentiary rules, like the hearsay doctrine, which block the use of oral history to establish legal claims. It is often oral history and stories that tribes rely upon as evidence to support their claims, reducing substantially the likelihood of a tribe prevailing.... 2013
Cameryn Rivera A FRESHER LAW: AMENDING THE FLORIDA RIGHT TO FARM ACT TO INCLUDE URBAN MICRO FARMING AS A KEY INITIATIVE TO PROMOTE SUSTAINABILITY, FOOD ACCESS, AND ENVIRONMENTAL JUSTICE FOR LOW-INCOME COMMUNITIES 8 Florida A & M University Law Review 385 (Spring, 2013) Introduction. 386 I. The History and Evolution of Urban Micro Farming: From Victory Gardens to Big City Farms. 388 II. Food Policy Concerns in Florida. 395 A. Tallahassee: Maintaining Sustainable Principles. 396 B. Jacksonville: The Necessity of Food Security. 397 C. Orlando: The Negative Impacts of Food Injustice. 401 III. The Florida Right To... 2013
Amelia Chizwala Peterson A LEGAL STANDARD FOR POST-COLONIAL LAND REFORM 13 Sustainable Development Law & Policy 21 (2012-2013) [T]he increase of lands, and the right employing of them, is the great art of government: and that prince, who shall be so wise and godlike, as by established laws of liberty to secure protection and encouragement to the honest industry of mankind, against oppression of power and narrowness or party, will quickly be too hard for his neighbor .... 2013
Michelle Bryan Mudd A NEXT, BIG STEP FOR THE WEST: USING MODEL LEGISLATION TO CREATE A WATER-CLIMATE ELEMENT IN LOCAL COMPREHENSIVE PLANS 3 Washington Journal of Environmental Law & Policy 1 (June, 2013) Since it touches all we do and experience, water creates a language through which we may discuss our common future. The West is witnessing early, important efforts to join water supply and land use planning, and the reality of climate change makes this convergence all the more critical. Local comprehensive planning presents itself as an... 2013
Scott McKenzie A RIVER RUNS THROUGH IT: THE FUTURE OF THE COLUMBIA RIVER TREATY, WATER RIGHTS, DEVELOPMENT, AND CLIMATE CHANGE 29 Georgia State University Law Review 921 (Summer, 2013) C1-3Table of Contents L1-2Introduction . L3922 I. Physical And Political History Of The Columbia River Basin And Treaty. 923 A. Early History Of The River And Basin. 924 B. The Columbia River Treaty: Creation, Management, And Impacts. 928 II. Governance Issues: Theoretical And Practical. 932 A. Western Water Law And Development. 933 B. Competing... 2013
Adam Garmezy BALANCING HYDRAULIC FRACTURING'S ENVIRONMENTAL AND ECONOMIC IMPACTS: THE NEED FOR A COMPREHENSIVE FEDERAL BASELINE AND THE PROVISION OF LOCAL RIGHTS 23 Duke Environmental Law and Policy Forum 405 (Spring 2013) Hydraulic fracturing, or hydrofracking, describes the process wherein fluid is pumped underground at extremely high pressure to drive out oil or natural gas. Although first developed in the 1940s, hydrofracking did not begin to revolutionize the U.S. energy-extraction industry until 1998, when, for the first time, it was used in conjunction with... 2013
Alice Kaswan CLIMATE CHANGE ADAPTATION AND LAND USE: EXPLORING THE FEDERAL ROLE 47 John Marshall Law Review 509 (Winter 2013) Scientists agree that climate change impacts are already occurring and will only get worse. Measures to reduce, or mitigate, greenhouse gas (GHG) emissions are, of course, of central importance. However, even if the international community adopted robust measures to mitigate GHG emissions, accumulated GHGs would nonetheless continue to warm the... 2013
Jonathan H. Adler CONSERVATIVE PRINCIPLES FOR ENVIRONMENTAL REFORM 23 Duke Environmental Law and Policy Forum 253 (Spring 2013) Major environmental policy reform is long overdue. The current regulatory architecture was erected in the 1970s. Since then meaningful reforms have been few and far between. A few reforms and regulatory expansions were adopted in the 1980s, and Congress enacted significant reforms to the Clean Air Act in 1990. Only the most minor environmental... 2013
Lee Anne Fennell CROWDSOURCING LAND USE 78 Brooklyn Law Review 385 (Winter, 2013) Could the future of public land use control lie, quite literally, in the hands of the public? Local governments have increasingly embraced new technologies like smartphone apps and online interfaces for involving constituents in land use planning and control. The possibility that we could effectively crowdsource land use decisions through novel... 2013
Tony Kupersmith CUTTING TO THE CHASE: CORPORATE LIABILITY FOR ENVIRONMENTAL HARM UNDER THE ALIEN TORT STATUTE, KIOBEL, AND CONGRESS 37 William and Mary Environmental Law and Policy Review 885 (Spring, 2013) Prospectors first discovered commercial quantities of oil in Nigeria over fifty years ago. Today, the country's oil industry accounts for over 95 percent of export earnings and about 40 percent of government revenues, but the environmental costs have been nearly as staggering as the financial benefits. For instance, a recent study by the United... 2013
Hajin Kim DO TRADE LIBERALIZATION AND INTERNationAL TRADE LAW CONSTRAIN DOMESTIC ENVIRONMENTAL REGULATION? 43 Environmental Law Reporter News & Analysis 10823 (September, 2013) Environmentalists and free trade proponents sharply disagree on the role that trade plays in impacting environmental welfare. Contrary to environmentalist contentions, trade liberalization can improve environmental regulations, and WTO jurisprudence is more welcoming of domestic environmental regulations than popularly perceived. But, counter to... 2013
Eric C. Christiansen EMPOWERMENT, FAIRNESS, INTEGRATION: SOUTH AFRICAN ANSWERS TO THE QUESTION OF CONSTITUTIONAL ENVIRONMENTAL RIGHTS 32 Stanford Environmental Law Journal 215 (June, 2013) I. Introduction. 216 II. The South African Constitutional Right to a Clean and Sustainable Environment. 218 A. The End of Apartheid and the Rise of Constitutionalism in South Africa. 220 1. The Interim Constitution and Democratic Elections. 221 2. The Final Constitution, the Public Participation Programme, and Certification. 223 B. Environmental... 2013
Yasmin Karimian ENVIRONMENTAL INJUSTICE: THE BRIGHT-LINE SOLUTION 5 Georgetown Journal of Law & Modern Critical Race Perspectives 143 (Fall, 2013) Injustice anywhere is a threat to justice everywhere --Dr. Martin Luther King, Jr. Environmental issues are at the forefront of the world's attention. From global warming to air quality, conflict arises concerning how to best solve these pressing issues in order to provide generations to come with promising, healthy lives. While these issues are... 2013
Alice Kaswan ENVIRONMENTAL JUSTICE AND ENVIRONMENTAL LAW 24 Fordham Environmental Law Review 149 (2012-2013) Anniversary editions prompt grand thinking about the past and the future, topped off with grand titles; this Essay is no exception. I thank the editors of the Fordham Environmental Law Review for the chance to step back from the fray and consider what the environmental justice movement has accomplished and the contributions it can offer to the... 2013
Alan Ramo ENVIRONMENTAL JUSTICE AS AN ESSENTIAL TOOL IN ENVIRONMENTAL REVIEW STATUTES: A NEW LOOK AT FEDERAL POLICIES AND CIVIL RIGHTS PROTECTIONS AND CALIFORNIA'S RECENT INITIATIVES 19 Hastings West-Northwest Journal of Environmental Law, Policy 41 (Winter, 2013) I. Introduction II. Federal Environmental Justice Requirements A. The Roots of the Federal Environmental Justice Doctrine B. Federal Environmental Justice Law and NEPA C. Recent Federal Civil Rights Cases and Title VI's Viabiltiy III. California Environmental Justice Requirements IV. California Environmental Justice Requirements' Role in CEQA... 2013
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