AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Mahatab Uddin TRADITIONAL KNOWLEDGE, INTERNATIONAL ENVIRONMENTAL LAW, AND BANGLADESH 48 Yale Journal of International Law Online 1 (2023) Traditional knowledge (TK), which is orally passed down from older to newer generations, is of vital importance to local communities and indigenous people who own and apply it in their everyday lives. TK is used in numerous areas of daily life including agriculture, medicine, music, literature, and home decor. Because TK is owned by a local or... 2023  
Hannah Friedle TREATIES AS A TOOL FOR NATIVE AMERICAN LAND REPARATIONS 21 Northwestern Journal of Human Rights 239 (Summer, 2023) Hundreds of treaties signed. Hundreds of treaties broken. The juvenile United States grew in size as independent Native nations ceded their territory through treaties. Thirsting for more land, the United States broke its promises and continued its manifest destiny westward. And what of tribes' treaty rights to land? Some Native nations received... 2023  
Franklyn P. Salimbene, William P. Wiggins UNENDING ENVIRONMENTAL INJUSTICE: THE LEGACY OF THE 1956 FEDERAL-AID HIGHWAY ACT 53 Environmental Law Reporter (ELI) 10169 (March, 2023) The Federal Aid Highway Act of 1956 led to massive investments in highway construction, changed the nation's physical landscape, and transformed how people traveled and where they lived. It also wreaked havoc on low-income and Black neighborhoods, imposing undeniable injustices, making no aid available to support residents displaced from their... 2023  
Madelyn M. VanDorpe WESTERNERS HUNG OUT TO DRY: A REVIEW OF THE PRIOR APPROPRIATION DOCTRINE AMIDST A DRYING CLIMATE AND A PATCHWORK OF WATER CLAIMS 34 Villanova Environmental Law Journal 109 (2023) The western United States has struggled with maintaining an adequate water supply since its early settlement. In recent years, however, climate change and population growth have become additional components of the challenge, increasing the imminence of its water scarcity predicament. In 2021, the western half of the United States experienced a... 2023  
Bryce C. Tingle, KC WHAT DO WE KNOW ABOUT SHAREHOLDERS' POTENTIAL TO SOLVE ENVIRONMENTAL AND SOCIAL PROBLEMS? 58 Georgia Law Review 169 (Fall, 2023) Securities regulators around the world are attempting to assist socially conscious shareholders in driving changes in the way corporate America operates. At a time when legislative solutions to some of our most pressing social and environmental problems seem far away, many market actors have come to hope that shareholders can succeed in regulating... 2023  
Alec Fante WHO IS MANNING THE SHIP? THE ENVIRONMENTAL AND LEGAL QUESTIONS FACING THE EMERGING COMMERCIAL SPACE TOURISM MARKET 34 Villanova Environmental Law Journal 33 (2023) Spaceflight events during 2021--such as tourism flights and private space missions led by Jeff Bezos, Elon Musk, Richard Branson, and more--ushered in a new era for space exploration. The rapidly growing space tourism industry highlights the need for updated federal regulation and provokes polarizing viewpoints on its potential environmental... 2023  
Filzah Belal WHY WE NEED A CONSTITUTIONAL RIGHT TO HEALTHY ENVIRONMENT IN CANADA 34 Fordham Environmental Law Review 31 (Spring, 2023) The increasing demand for constitutional recognition of the right to a healthy environment (RTHE) has been a matter of public concern and debate in many countries, including Canada. This paper asks, will a constitutional RTHE within the Canadian Constitution add any value when statutes already exist to protect the environment (and thereby... 2023  
Daniel C. Esty, Nathan de Arriba-Sellier ZEROING IN ON NET-ZERO: FROM SOFT LAW TO HARD LAW IN CORPORATE CLIMATE CHANGE PLEDGES 94 University of Colorado Law Review 635 (Summer, 2023) One hundred and ninety-seven nations endorsed a target of net-zero greenhouse gas (GHG) emissions by midcentury in the 2021 Glasgow Climate Pact. As countries around the world have begun to develop their plans for deep decarbonization, it has become evident that the private sector will need to deliver much of what is required for the transition to... 2023  
Mary Christina Wood "ON THE EVE OF DESTRUCTION": COURTS CONFRONTING THE CLIMATE EMERGENCY 97 Indiana Law Journal 239 (Winter, 2022) In the dim and smokey twilight, with only bare necessities in tow, a family rushes to escape the wildfire racing toward them. Elsewhere, a household evacuates just ahead of a category five hurricane, perhaps not for the first time. Along the coastlines, countless others are resigned to looking on as their homesites erode into the inexorably rising... 2022  
Eric Leis "WATER, WATER, EVERYWHERE, NOR ANY DROP TO DRINK": HOW THE FEDERAL GOVERNMENT CAN COMBAT SALTWATER INTRUSION IN THE UPPER FLORIDAN AQUIFER 25 University of Denver Water Law Review 163 (Spring, 2022) INTRODUCTION. 163 I. The Upper Floridan Aquifer. 166 A. Groundwater. 166 B. Saltwater Intrusion. 167 C. Hydrology, Use, and Depletion of the Upper Floridan Aquifer. 168 D. Saltwater Intrusion into the Upper Floridian Aquifer. 169 II. Federal Water Rights. 170 A. Federal Reserve Water Rights. 170 1. The Development of the Winters Doctrine. 171 2.... 2022  
Michael C. Blumm, Gregory A. Allen 30 BY 30, AREAS OF CRITICAL ENVIRONMENTAL CONCERN, AND TRIBAL CULTURAL LANDS 52 Environmental Law Reporter (ELI) 10366 (May, 2022) President Joe Biden's Executive Order No. 14008 of January 2021 called for the Administration to conserve at least 30% of the nation's lands and waters by 2030. To accomplish this ambitious 30 by 30 effort, the Order directed federal agencies to work with tribal governments, among others, to propose lands and waters as qualifying for... 2022  
Reed D. Benson A CONTENTIOUS MISSION: WATER SUPPLY AND CORPS OF ENGINEERS RESERVOIRS 32 Duke Environmental Law and Policy Forum 247 (Spring, 2022) The U.S. Army Corps of Engineers operates hundreds of multipurpose reservoirs nationwide, many of which provide water for municipal and industrial purposes. Demands for water from Corps reservoirs are sure to grow, and Congress has ordered the Corps to report on whether water supply should become a primary mission of the agency. The Corps has... 2022  
Noah DeWitt A TWISTED FATE: HOW CALIFORNIA'S PREMIER ENVIRONMENTAL LAW HAS WORSENED THE STATE'S HOUSING CRISIS, AND HOW TO FIX IT 49 Pepperdine Law Review 413 (2022) California, the iconic Golden State, holds the infamous record for the largest population of people experiencing homelessness in the United States. These record-setting numbers have been steadily on the rise for decades and are due in large part to the state's severe housing shortage, which is currently just under one million housing units. From... 2022  
Steven Sacco ABOLISHING CITIZENSHIP: RESOLVING THE IRRECONCILABILITY BETWEEN "SOIL" AND "BLOOD" POLITICAL MEMBERSHIP AND ANTI-RACIST DEMOCRACY 36 Georgetown Immigration Law Journal 693 (Winter, 2022) C1-2Table of Contents I. Introduction. 694 II. Citizenship as Racism and Anti-Democracy. 698 A. Citizenship as Race. 698 1. Race Becomes Citizenship. 700 2. Citizenship Becomes Race. 711 3. Citizenship Racializes Citizens. 714 B. Citizenship as Anti-Democracy. 718 1. Citizenship Is Anti-Egalitarian. 718 a. Citizenship Is a Caste System. 718 b.... 2022  
  ADMINISTRATIVE LAW--ENVIRONMENTAL LAW--REMEDIES--D.C. CIRCUIT UPHOLDS VACATUR AND REMAND OF DAKOTA ACCESS PIPELINE EASEMENT, REVERSES DISTRICT COURT ORDER TO CEASE PIPELINE OPERATIONS.--STANDING ROCK SIOUX TRIBE v. U.S. ARMY CORPS OF ENGINEERS, 985 F.3D 1 135 Harvard Law Review 1688 (April, 2022) Administrative law has a remedy problem. Careful attention to procedural safeguards and standards of review in administrative cases often leaves remedial options undertheorized both in court opinions and in scholarly commentary. Recently, in Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers, the D.C. Circuit upheld the vacatur of an... 2022  
Allyson E. Gold, Srinivas Parinandi, Allen Slater, Tyler Garrett ADVANCING POSITIVE WATER RIGHTS 81 Maryland Law Review 449 (2022) Despite its necessity to survival, the United States does not recognize a positive right to water. Instead, access is determined largely by the free market. Consequently, millions have historically lacked reliable access to clean water, a crisis that disproportionately affects minority and low-income households. Then came the COVID-19 pandemic.... 2022  
Jessica Holmes AGGREGATION: AN ESSENTIAL TOOL IN ACHIEVING IMPERATIVE ENVIRONMENTAL ENFORCEMENT, PROTECTION, AND JUSTICE 52 Environmental Law 547 (Summer, 2022) Climate change is no longer a distant threat. The effects from environmental degradation, exorbitant greenhouse gas emissions, and the exploitation of our natural resources are inducing catastrophic tragedies that were once preventable. For the last four decades, between 1980-2021, the United States averaged seven weather disasters per year. In... 2022  
Christian Webber AIDING EMPLOYMENT AND THE ENVIRONMENT ON TRIBAL LANDS: AN ANALYSIS OF HIRING PREFERENCES AND THEIR USE IN THE MINING INDUSTRY 12 Arizona Journal of Environmental Law & Policy 298 (Summer, 2022) This Note analyzes hiring preferences on tribal lands in the mining industry within the United States and particularly in the State of Arizona, which has a relatively high number of both mines and federally recognized tribes. Arizona has its own robust history and case law on hiring preferences in the mining industry for tribal members. This Note... 2022  
Helen Sprainer AIR QUALITY EQUITY: WHY THE CLEAN AIR ACT FAILED TO PROTECT LOW-INCOME COMMUNITIES AND COMMUNITIES OF COLOR FROM COVID-19 30 New York University Environmental Law Journal 123 (2022) The effects of the COVID-19 pandemic highlight the many ways in which low-income communities and communities of color suffer disproportionate harms during a disaster. This pandemic is an environmental injustice because the inequitable development and enforcement of our environmental laws has left some communities more at risk for serious infection... 2022  
John Leshy AMERICA'S PUBLIC LANDS: A SKETCH OF THEIR POLITICAL HISTORY AND FUTURE CHALLENGES 62 Natural Resources Journal 341 (Summer, 2022) I recently published a comprehensive political history of America's public lands, those owned by the national government and managed by four agencies--the National Park Service, the United States Forest Service, the U.S. Fish & Wildlife Service, and the Bureau of Land Management. Most people know something about these lands, often through... 2022  
Linda K. Breggin, Bruce Johnson, Jaehee Kim, Michael P. Vandenbergh ANALYSIS OF ENVIRONMENTAL LAW SCHOLARSHIP 2020-2021 52 Environmental Law Reporter (ELI) 10599 (August, 2022) The Environmental Law and Policy Annual Review (ELPAR) is published by the Environmental Law Institute's (ELI) Environmental Law Reporter in partnership with Vanderbilt University Law School. ELPAR provides a forum for the presentation and discussion of some of the most creative and feasible environmental law and policy proposals from the legal... 2022  
Amelia Marsh ANNE MACKINNON, PUBLIC WATERS: LESSONS FROM WYOMING FOR THE AMERICAN WEST, UNIVERSITY OF NEW MEXICO PRESS (2021); 368 PP.; ISBN 978-0-8263-6241-4 25 University of Denver Water Law Review 307 (Spring, 2022) Public Waters: Lessons from Wyoming for the American West traces the development of Wyoming water law and water management beginning in the 1880s through 2020. The author, Anne MacKinnon, leverages her extensive experience living and working in Wyoming as a journalist and editor-in-chief of the Casper Star-Tribune to chronicle the development of... 2022  
MJ Palau-McDonald BLOCKCHAINS AND ENVIRONMENTAL SELF-DETERMINATION FOR THE NATIVE HAWAIIAN PEOPLE: TOWARD RESTORATIVE STEWARDSHIP OF INDIGENOUS LANDS 57 Harvard Civil Rights-Civil Liberties Law Review 393 (Summer, 2022) Introduction. 394 I. Four Values of Restorative Justice for Native Peoples. 397 A. Mo'omeheu: Cultural Integrity. 398 B. 'ina: Land and Natural Resources. 398 C. Mauli Ola: Social Determinants of Health and WellBeing. 399 D. Ea: Self-Governance. 399 II. Contextual History of Hawai'i's Public Land Trust. 400 A. Native Hawaiian Values, Customs, and... 2022  
Monte Mills, Martin Nie BRIDGES TO A NEW ERA: A REPORT ON THE PAST, PRESENT, AND POTENTIAL FUTURE OF TRIBAL CO-MANAGEMENT ON FEDERAL PUBLIC LANDS 52 Environmental Law Reporter (ELI) 10661 (August, 2022) Federal public land management agencies regularly disassociate their land management activities from their interactions with Indian tribes. Moreover, federal public land law generally provides state governments and private interests broad powers and authorities not yet extended to Indian tribes. Public land management agencies must be compelled to... 2022  
Thomas B. Sokolowski CAN CRIMINALS RESHAPE ENVIRONMENTAL LAW? AN ANALYSIS OF MCGIRT AND ITS IMPLICATIONS ON REGULATING THE ENVIRONMENT 55 Indiana Law Review 857 (2022) On July 9, 2020, the United States Supreme Court held in McGirt v. Oklahoma that a portion of eastern Oklahoma was an Indian reservation. Though the case specifically addressed whether the State of Oklahoma or the Muscogee (Creek) Nation had prosecuting authority over the defendant, the Justices anticipated the decision's implications on other... 2022  
Bridget Roddy CAN YOU DIG IT? YES, YOU CAN! BUT AT WHAT COST?: A PROPOSAL FOR THE PROTECTION OF DOMESTIC FOSSILS ON PRIVATE LAND 8 Texas A&M Journal of Property Law 473 (5-May-22) Paleontological resources require similar protections to archaeological resources because the threat of looting, improper excavation, and market demand are analogous. Paleontological resources are responsible for informing much of scientists' understanding of evolution and the history of the planet, just as cultural property helps to inform the... 2022  
Erum Sattar COMPARING COLONIAL WATER LEGACIES: FLOW AND STAGNATION IN LEGAL DEVELOPMENT 29 Buffalo Environmental Law Journal 55 (2021-2022) In 1965 Lon Fuller wrote an article, Irrigation and Tyranny, that is perhaps little known by scholars other than legal theorists of irrigation. In it, he recounted his personal interest in the ideas of the great irrigation theorist Karl Wittfogel, specifically, Wittfogel's idea of a hydraulic civilization. Fuller observed that: The historian Karl... 2022  
Daniel B. Rosenbaum CONFRONTING THE LOCAL LAND CHECKERBOARD 56 University of Richmond Law Review 665 (Winter, 2022) Fractured public land is hidden in plain sight. In communities across the country, a patchwork assortment of local governments share splintered ownership over surplus public properties, which can be found scattered in residential neighborhoods and alongside highways, in the shadows of development projects and in the scars of urban renewal. The... 2022  
Judith Dworkin COURTS HAVE MUCH TO RESOLVE IN DETERMINING INDIAN WATER RIGHTS 36-WTR Natural Resources & Environment 39 (Winter, 2022) A sustainable water supply is critical for viable communities. In the western United States, this has meant the development of water law regimes to support the area's growing population. These regimes set objectives for obtaining and controlling limited water and diverting, storing, and delivering this vital resource. The federal government,... 2022  
Misbah Husain , Melissa K. Scanlan DISADVANTAGED COMMUNITIES, WATER JUSTICE & THE PROMISE OF THE INFRASTRUCTURE INVESTMENT AND JOBS ACT 52 Seton Hall Law Review 1513 (2022) I. Introduction. 1514 II. Water Infrastructure Need. 1515 III. Drinking Water. 1518 A. The Infrastructure Law Prioritizes Disadvantaged Communities for Funding Through the Drinking Water State Revolving Fund Program. 1518 B. The Infrastructure Law Expands Funding Opportunities to Disadvantaged Communities with Compliance Problems. 1519 IV. Clean... 2022  
Chandra T. Taylor-Sawyer DUAL-PURPOSE OUTREACH TO ENHANCE PUBLIC PARTICIPATION IN ENVIRONMENTAL DECISIONMAKING 52 Environmental Law Reporter (ELI) 10629 (August, 2022) In my work at the Southern Environmental Law Center (SELC), I often face the question of how to do everything possible during the policymaking process to involve the people who are most harmed by environmental contamination. I have practiced in this area since 2006, and I have learned it helps to take a step back and make sure we are thinking about... 2022  
Cate Baskin EMPOWERING WOMEN'S LAND RIGHTS AS A CLIMATE CHANGE MITIGATION STRATEGY IN NIGERIA 20 Northwestern Journal of Human Rights 217 (7-Jul-22) ABSTRACT--This article focuses on the intersection between gender and land rights as they relate to climate change in Nigeria. Decisions about land use, such as biodiversity management and farming techniques, impact the quality of the land and peoples' ability to live off it. This article will show that women are better situated to utilize... 2022  
Jaclyn Lopez ENFORCEMENT OF CLEAN WATER ACT COULD CLEAN UP WATER, SAVE FLORIDA MANATEES 53 No. 4 ABA Trends 27 (March/April, 2022) Florida's water quality crisis is best told through the eyes of a Florida manatee. Florida manatees are slow-moving herbivores, roly-poly sea cows that graze on seagrasses throughout Florida's rivers, estuaries, and nearshore marine waters. But in 2021, algae-choked water caused by nutrient pollution killed hundreds of the manatees. On Florida's... 2022  
Macon Bianucci, Robert Cetrino, Ciara Cooney, Lindsay Martin, Elizabeth Pianucci, Victoria Sheber, Stephanie West ENVIRONMENTAL CRIMES 59 American Criminal Law Review 719 (Summer, 2022) I. Introduction. 721 A. Criminal Versus Civil Penalties. 723 B. Criminal Enforcement. 724 C. Interaction with Other Criminal Violations. 725 II. General Issues. 726 A. Overview of the Elements of an Environmental Criminal Violation. 726 B. Liability. 726 1. Individual Liability. 726 2. Corporate Liability. 728 C. Common Defenses. 730 1.... 2022  
Seema Kakade ENVIRONMENTAL ENFORCEABILITY 30 New York University Environmental Law Journal 65 (2022) There are great expectations for a resurgence in federal environmental enforcement in a Biden-led federal government. Indeed, federal environmental enforcement suffered serious blows during the Trump administration, particularly at the Environmental Protection Agency (EPA), including large cuts in the budget for enforcement and reversals of key... 2022  
Jalen R. Farmer ENVIRONMENTAL INJUSTICE 22 Journal of Law in Society 132 (Winter, 2022) C1-2CONTENTS Abstract. 132 Introduction. 133 I. Background. 134 A. National Environmental Policy Act. 135 B. Environmental Protection Agency. 136 II. Analysis. 136 A. Holding the EPA Accountable. 137 B. United Church of Christ. 139 III. Case Studies. 140 A. Toxic Doughnut'. 140 B. Uniontown, Alabama. 143 C. Cancer Alley'. 145 IV. Effectuating... 2022  
Edwin C. Kisiel ENVIRONMENTAL LAW AND STRATEGIC COMPETITION: HELP OR HINDRANCE? 9 National Security Law Journal 258 (Spring, 2022) Environmental law is often thought of as a hindrance to achieving long-term strategic competition goals. Environmental law imposes regulatory requirements that can constrain military acquisition, construction, and operations, providing a disadvantage compared to competitors not bound by environmental compliance requirements. However, recent... 2022  
Mark A. Chertok, Kayley R. McGrath, Kevin A. Rogers ENVIRONMENTAL LAW: DEVELOPMENTS IN THE LAW OF SEQRA 72 Syracuse Law Review 687 (2022) Introduction. 687 I. Summary Overview of SEQRA. 688 II. Caselaw Developments. 695 A. Threshold Requirements in SEQRA Litigation. 695 1. Standing. 696 A. Where Standing May Be Presumed. 697 B. Standing to Challenge Lead Agency Status. 698 C. Sufficiently Particularized Harm. 699 D. Zone of Interests. 701 2. Ripeness, Mootness & Statute of... 2022  
Lisa Vanhala ENVIRONMENTAL LEGAL MOBILIZATION 18 Annual Review of Law and Social Science 101 (2022) legal mobilization, environment, climate change, litigation, nongovernmental organizations, NGOs The mobilization of law to address the degradation of the environment implicates a wide range of institutions, actors, and materials. This article maps developments in the study of environmental legal mobilization. It examines the different theoretical... 2022  
Dirk Hanschel , Mario G. Aguilera Bravo , Bayar Dashpurev , Abduletif Kedir Idris ENVIRONMENTAL RIGHTS BETWEEN CONSTITUTIONAL LAW AND LOCAL CONTEXT: REFLECTIONS ON A MOVING TARGET 23 German Law Journal 1012 (September, 2022) (Received 31 August 2022; accepted 31 August 2022) Environmental rights such as the right to a sound environment and rights of nature, while playing an increasingly important role in global environmental governance and protection, frequently do not correspond to articulations of fundamental experiences of injustice by communities particularly... 2022  
Jaclyn Lopez EPA'S OPPORTUNITY TO REVERSE THE FERTILIZER INDUSTRY'S ENVIRONMENTAL INJUSTICES 52 Environmental Law Reporter (ELI) 10125 (February, 2022) Seventy phosphogypsum stacks are scattered throughout the United States, concentrated in low-wealth and Black, indigenous, and people of color communities. These radioactive waste heaps have a long history of failures, and present a substantial hazard and unreasonable risk of harm. The U.S. Environmental Protection Agency (EPA) should swiftly move... 2022  
João Figueiredo, Nova Law School, Nova University of Lisbon ESCLAVOS Y TIERRAS ENTRE POSESIÓN Y TÍTULOS LA CONSTRUCCIÓN SOCIAL DEL DERECHO DE PROPIEDAD EN BRASIL (SIGLO XIX) [SLAVES AND LANDS FROM POSSESSION TO TITLE-OWNING. THE SOCIAL CONSTRUCTION OF PROPERTY LAWS IN BRAZIL (19TH CENTURY)], MARIANA ARMOND DIAS PA 45 PoLAR: Political and Legal Anthropology Review 1 (November, 2022) Esclavos y tierras entre posesión y títulos is a ground-breaking historical account of the early development of liberal property laws in Brazil. In this stimulating volume, Mariana Armond Dias Paes uses data collected from 74 randomly sampled legal proceedings of the Court of Appeals of Rio de Janeiro to ground a bottom-up interpretation of legal... 2022  
Monica K. Mahal EXPANDING ENVIRONMENTAL HUMAN RIGHTS BEYOND WESTERN LEGAL ETHICS: AN ANALYSIS OF INDIA'S ENVIRONMENTAL JURISPRUDENCE 31 Southern California Interdisciplinary Law Journal 539 (Spring, 2022) The Universal Declaration of Human Rights (UDHR) of 1948 is one of the most formative statements of ethics and serves as a guideline for international human rights, including the right to a healthy environment. The UDHR carries unparalleled influence, as evidenced by its translation into 360 languages--making it the most translated document in... 2022  
Kevin K. Washburn FACILITATING TRIBAL CO-MANAGEMENT OF FEDERAL PUBLIC LANDS 2022 Wisconsin Law Review 263 (2022) Each year Native American tribal nations enter hundreds of federal contracts worth billions of dollars to run federal Indian programs. By substituting tribal governments for federal agencies, these self-determination contracts have been enormously successful in improving the effective delivery of federal programs on Indian reservations. Tribal... 2022  
Melissa K. Scanlan , Misbah Husain FEDERAL FUNDING AND WISCONSIN'S WATER INFRASTRUCTURE 95-DEC Wisconsin Lawyer 8 (December, 2022) People throughout the United States increasingly are at risk for diminished drinking water quality, extreme flooding, property damage, and more. In Wisconsin, as in other states, these negative consequences are unequally distributed, with low-income and minority communities disproportionately affected by such harms. Among efforts to protect the... 2022  
Michael C. Blumm, Kacey J. Hovden, Gregory A. Allen FEDERAL GRAZING LANDS AS "CONSERVATION LANDS" IN THE 30 BY 30 PROGRAM 52 Environmental Law Reporter (ELI) 10279 (April, 2022) On January 28, 2021, President Joseph Biden issued Executive Order No. 14008 initiating the 30 by 30 program to conserve 30% of the nation's lands and waters by 2030. The Administration proceeded to produce the America the Beautiful report in May 2021, which laid out some principles for the conservation effort but did little to clarify the... 2022  
Sara A. Colangelo FORGING COMPLETE JUSTICE: EQUITABLE RELIEF IN ENVIRONMENTAL ENFORCEMENT 46 Harvard Environmental Law Review 315 (2022) Fifty years after the rise of modern environmental law and its robust enforcement regime, there persists a disproportionate distribution of environmental burdens in the United States. Many underserved communities suffer from legacy pollution, siting of undesirable land uses, failing infrastructure, and attendant epidemiological and ecological... 2022  
Gabriella Mickel GENTRIFICATION AND THE CYCLE OF (IN)EQUITY--USING LAND USE AUTHORITY TO COMBAT DISPLACEMENT 51 Urban Lawyer 477 (October, 2022) In the wake of recent social justice movements, local governments are starting to address historical inequities in their communities. Unfortunately, in addressing these inequities, local governments can trigger gentrification, resulting in further injustice in the form of displacement and, thus, creating the need for another equity-motivated... 2022  
Gregory Ablavsky GETTING PUBLIC RIGHTS WRONG: THE LOST HISTORY OF THE PRIVATE LAND CLAIMS 74 Stanford Law Review 277 (February, 2022) Abstract. Black-letter constitutional law distinguishes private rights, which must be litigated before an Article III tribunal, from public rights, which Congress may resolve through administrative adjudication. Yet both scholars and the Supreme Court have long struggled to define this distinction. Recently, many have turned to history for... 2022  
Grace Gibson, Staff Editor HAWAI'I'S RED HILL WATER CRISIS ISN'T OVER 4/28/2022 Georgetown Environmental Law Review Online 1 (28-Apr-22) On November 20th, 2021, the Red Hill Bulk Fuel Storage Facility in Honolulu leaked 14,000 gallons of water and fuel. The facility, constructed in the early 1940s, holds over 100 million gallons of fuel a mere 100 feet above the Southern O'ahu Basal Aquifer, the primary source of drinking water for over 400,000 people. The Navy claimed that the... 2022  
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