Rhett B. Larson WATER SECURITY 112 Northwestern University Law Review 139 (2017) Climate change, as the dominant paradigm in natural resource policy, is obsolete and should be replaced by the water security paradigm. The climate change paradigm is obsolete because it fails to adequately resonate with the concerns of the general public and fails to integrate fundamental sustainability challenges related to economic... 2017
Catherine Danley WATER WARS: SOLVING INTERSTATE WATER DISPUTES THROUGH CONCURRENT FEDERAL JURISDICTION 47 Environmental Law Reporter News & Analysis 10980 (November, 2017) As climate change shifts precipitation patterns, warms seasonal temperatures, and causes severe droughts, the value of and demand for water rises. Consequently, competition for water resources is likely to increase among the states and lead to more Supreme Court original jurisdiction cases over water disputes than ever before. While the Court holds... 2017
Jonathon Lubrano WATER, LEAD, AND ENVIRONMENTAL JUSTICE: EASING THE FLINT WATER CRISIS WITH A PUBLIC WATER CONTAMINation LIABILITY FUND 42 William and Mary Environmental Law and Policy Review 331 (Fall, 2017) On April 25, 2014, the city of Flint, Michigan switched water sources from the Detroit Water and Sewage Department to the Flint River. By the next month, residents were already complaining about color and smell. It wasn't until August 2014, four months after the switch, that high levels of dangerous bacteria were detected, requiring residents to... 2017
Michael Lewyn ZONING AND LAND USE PLANNING 46 Real Estate Law Journal 447 (Winter 2017) Historically, municipal zoning codes have made housing more expensive by restricting housing supply, thus excluding low-income households from many neighborhoods. Political progressives once opposed such exclusionary zoning. But some progressives now argue that new housing may displace the poor by encouraging gentrification, and thus favor more... 2017
Nicholas J. Schroeck A CHANGING ENVIRONMENT IN CHINA: THE RIPE OPPORTUNITY FOR ENVIRONMENTAL LAW CLINICS TO INCREASE PUBLIC PARTICIPATION AND TO SHAPE LAW AND POLICY 18 Vermont Journal of Environmental Law 1 (Fall, 2016) Introduction. 1 I. Environmental Pollution and Fundamental Changes to Chinese Environmental Law. 2 China's Revised Environmental Protection Law. 3 II. Environmental Policy and the Essential Role of Environmental Law Clinics. 5 United States Environmental Law Clinics Working for Environmental Justice. 8 III. United States Environmental Law Clinics... 2016
Sharmila L. Murthy A NEW CONSTITUTIVE COMMITMENT TO WATER 36 Boston College Journal of Law & Social Justice 159 (2016) Cass Sunstein coined the term constitutive commitment to refer to an idea that falls short of a constitutional right but that has attained near-constitutional significance. This Article argues that access to safe and affordable water for drinking, hygiene, and sanitation has attained this status and that national legislation is needed... 2016
D. Kapua‘ala Sproat AN IndigenOUS PEOPLE'S RIGHT TO ENVIRONMENTAL SELF-DETERMINation: NATIVE HAWAIIANS AND THE STRUGGLE AGAINST CLIMATE CHANGE DEVASTATION 35 Stanford Environmental Law Journal 157 (June, 2016) I. Introduction. 158 II. Climate Change and Its Impacts on Native Peoples and Resources. 163 A. Climate Change and Environmental Injustice for Indigenous Peoples. 163 B. Knaka Maoli Cultural Survival and the Integrity of Hawaii's Natural and Cultural Resources. 167 C. Climate Change's Projected Impacts on Traditional and Customary Practices. 172... 2016
Kevin C. Foy BALANCING MULTIPLE GOALS AT THE LOCAL LEVEL: WATER QUALITY, WATER EQUITY, AND WATER CONSERVATION 26 Duke Environmental Law and Policy Forum 241 (Spring, 2016) Water is essential to life, but that is not what makes it unique. Water is unique for a variety of reasons, including its physical and chemical structure, as well as its geographic distribution throughout the earth. Water can also take many forms. Sometimes it falls from the sky, sometimes it is deep underground, sometimes it is a placid lake, and... 2016
Tom I. Romero, II BRIDGING THE CONFLUENCE OF WATER AND IMMIGRATION LAW 48 Texas Tech Law Review 779 (Summer, 2016) I. Introduction. 780 II. The Irrigation Era and the Need for a Docile Labor Supply. 782 III. The Metropolitan Revolution and the Rise of the Illegal Gardner. 798 IV. The Great Local Thirst for Proper Documentation. 807 V. Conclusion. 815 Appendix: A Timeline of Important Moments in Water and Immigration Law and Policy. 817 2016
Jonathan Lovvorn CLIMATE CHANGE BEYOND ENVIRONMENTALISM PART I: INTERSECTIONAL THREATS AND THE CASE FOR COLLECTIVE ACTION 29 Georgetown Environmental Law Review 1 (Fall, 2016) C1-3Table of Contents L1-2Introduction . R31. I. The Basic Science of Climate Change. 9 II. The Tenuous Legal Framework for Climate Change Emissions. 11 III. The Intersectional and Discriminatory Impacts of Climate Change. 17 A. Poverty, Public Health, and Climate Change. 19 B. Race and Climate Change. 24 C. Women and Climate Change. 29 D. Children... 2016
Giovanna Gismondi DENIAL OF JUSTICE: THE LATEST IndigenOUS LAND DISPUTES BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS AND THE NEED FOR AN EXPANSIVE INTERPRETATION OF PROTOCOL 1 18 Yale Human Rights and Development Law Journal 1 (2016) In its three latest decisions on indigenous land rights, the European Court of Human Rights (ECtHR) has afforded scant protection to indigenous peoples. Through an analysis of each case in terms of substantive and procedural law, this Article evaluates the challenges indigenous peoples face when pursuing their claims before the Court. I argue that... 2016
Elizabeth Jones DRINKING WATER IN CALIFORNIA SCHOOLS: AN ASSESSMENT OF THE PROBLEMS, OBSTACLES, AND POSSIBLE SOLUTIONS 35 Stanford Environmental Law Journal 251 (June, 2016) In the last several years, hundreds of schools across California have been forced to restrict students' access to drinking water due to lead, nitrate, arsenic, and other serious contaminants. News reports and water quality databases indicate that problems are especially significant in schools in low-income communities of color--where many children... 2016
Suzi Ruhl, Jonathan Ostar ENVIRONMENTAL JUSTICE 33 No. 3 GPSolo 42 (May/June, 2016) Over the past 50 years, the United States has made great strides in protecting the environment and public health while also ensuring fair treatment under the law. Environmental laws and regulations generally require increased scrutiny and consideration of environmental and health impacts in environmental decision making, while civil rights laws and... 2016
Catherine Millas Kaiman ENVIRONMENTAL JUSTICE AND COMMUNITY-BASED REPARATIONS 39 Seattle University Law Review 1327 (Summer, 2016) C1-2Contents Introduction. 1328 I. Environmental Justice Case Study: Old Smokey. 1331 II. The Environmental Justice Movement. 1334 A. The Early Days of Environmental Justice. 1336 B. Environmental Justice Progress. 1338 III. Tools and Barriers. 1339 A. Environmental Laws. 1340 1. National Environmental Protection Act. 1342 2. Executive Order... 2016
Tyler Kennedy EXPANDING JURISDICTION: INCREASING TribAL ABILITY TO PROSECUTE CRIMINAL BEHAVIOR ON NATIVE AMERICAN LAND 15 Seattle Journal for Social Justice 465 (Fall, 2016) The long and complex relationship between Native American tribes and the US government has created a variety of issues deeply entrenched in the historical tensions between the two parties. The ebb and flow of history has brought about waves of progress, contrasted with eras of great oppression and subjugation. In recent years, criminal... 2016
Jessica Scott FROM ENVIRONMENTAL RIGHTS TO ENVIRONMENTAL RULE OF LAW: A PROPOSAL FOR BETTER ENVIRONMENTAL OUTCOMES 6 Michigan Journal of Environmental & Administrative Law 203 (Fall, 2016) [L]egal recognition of a right is useless if it cannot be translated into a victory in the field. With the recent lead contamination crisis in Flint, Michigan, the unfavorable United States country report of the former United Nations Special Rapporteur on the human right to safe drinking water and sanitation seems prescient. The Special... 2016
Francesco Francioni FROM RIO TO PARIS: WHAT IS LEFT OF THE 1992 DECLARATION ON ENVIRONMENT AND DEVELOPMENT? 11 Intercultural Human Rights Law Review 15 (2016) This paper has a dubitative title. And this is for a good reason. It is meant to introduce the critical perspective in which I propose to assess the legacy of the 1992 Rio Declaration after almost a quarter of a century from its adoption. This retrospective outlook, it is hoped, may help assess the progress, if any, that international law has made... 2016
Richard Lynn FROM THE BREAK ROOM TO THE COURT ROOM: REEVALUATING HOSTILE WORK ENVIRONMENT CLAIMS IN LIGHT OF NEW JERSEY'S EXPANDED WHISTLEBLOWER PROTECTION 25 Temple Political & Civil Rights Law Review 191 (Spring 2016) Commentary that courts have commonly deemed mere office banter has generally gone unpunished. Such commentary may include male employees' use of unambiguous gender epithets when referring to specific female employees or degradation of females generally through similarly disparaging language. Historically, office banter tends to fall outside of... 2016
Shea Diaz, Georgetown Environmental Law Review GETTING TO THE ROOT OF ENVIRONMENTAL INJUSTICE 1/29/2016 Georgetown Environmental Law Review Online 1 (January 29, 2016) This post is part of the Environmental Law Review Syndicate, a multi-school online forum run by student editors from the nation's leading environmental law reviews. In the United States, poor people and people of color experience higher cancer rates, asthma rates, mortality rates, and overall poorer health than their affluent and white... 2016
Shannon Joyce Prince GREEN IS THE NEW Black: African american LITERATURE INFORMING ENVIRONMENTAL JUSTICE LAW 32 Journal of Environmental Law & Litigation 33 (2016) Introduction. 34 I. Trees Are People Too?. 34 II. Greenlining. 38 III. What's the Fairest of Them All?. 41 IV. The Black (Family) Tree. 46 V. Savage Conservation. 57 VI. Green Like Me?. 66 Conclusion. 70 2016
Eric Anthony DeBellis , Senior Executive Editor, Ecology Law Quarterly IMPLEMENTING SUPPLEMENTAL ENVIRONMENTAL PROJECT POLICIES TO PROMOTE RESTORATIVE JUSTICE 3/14/2016 Georgetown Environmental Law Review Online 1 (March 14, 2016) The overwhelming majority of environmental enforcement actions settle out of court, but overlooking settlements as merely a mechanical means to save time and court costs is a mistake. An agency's approach to settlement has tremendous environmental justice implications that go largely unnoticed. In a traditional enforcement settlement model, the... 2016
Martha F. Davis LET JUSTICE ROLL DOWN: A CASE STUDY OF THE LEGAL INFRASTRUCTURE FOR WATER EQUALITY AND AFFORDABILITY 23 Georgetown Journal on Poverty Law and Policy 355 (Spring, 2016) Unequal access to water and sanitation has long been an issue in developing nations. In the United States, by contrast, most individuals take access to basic water and sanitation services for granted. Writing in 2011, the UN Special Rapporteur on the Human Right to Safe Drinking Water and Sanitation lauded the United States' past leadership in... 2016
Elizabeth Ann Kronk Warner LOOKING TO THE THIRD SOVEREIGN: TribAL ENVIRONMENTAL ETHICS AS AN ALTERNATIVE PARADIGM 33 Pace Environmental Law Review 397 (Spring 2016) December 2015 constituted a watershed month in the fight against the devastating impacts of climate change, as nearly 200 countries reached consensus at the Paris Conference of the Parties 21 (COP 21) on the need to cut greenhouse gas emissions in an effort to curb the negative impact of climate change. As evidenced by the Paris COP 21, the world... 2016
Geoff Ward MICROCLIMATES OF RACIAL MEANING: HISTORICAL RACIAL VIOLENCE AND ENVIRONMENTAL IMPACTS 2016 Wisconsin Law Review 575 (2016) This article examines the socially constitutive force of historical racial violence, dimensions and mechanisms of environmental impact, enduring questions, and remedial implications. I stress the importance of empirical scrutiny of racial violence since the nineteenth century, both for the development of critical race perspective on its social... 2016
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
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