| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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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| Paloma Wu , D. Korbin Felder |
HELL AND HIGH WATER: HOW CLIMATE CHANGE CAN HARM PRISON RESIDENTS AND JAIL RESIDENTS, AND WHY COVID-19 CONDITIONS LITIGATION SUGGESTS MOST FEDERAL COURTS WILL WAIT-AND-SEE WHEN ASKED TO INTERVENE |
49 Fordham Urban Law Journal 259 (February, 2022) |
Introduction. 261 I. Three Ways That Climate Change Can Harm Prison and Jail Residents and, By Extension, Home Communities. 261 A. Understaffing. 264 B. Deadlier Facilities. 267 C. Racial Disparities. 275 i. Examples of Racial Disparities in Imprisonment. 278 ii. Racial Disparities in Imprisonment Due to Poverty Resulting from Structural and... |
2022 |
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| Martha F. Davis |
HIDDEN BURDENS: HOUSEHOLD WATER BILLS, "HARD-TO REACH" RENTERS, AND SYSTEMIC RACISM |
52 Seton Hall Law Review 1461 (2022) |
I. Introduction. 1462 II. Water Unaffordability: Impacts and Policy Responses. 1470 A. Water and Sanitation Costs Are Rising Significantly. 1470 B. Utilities' Efforts to Address Unaffordability. 1475 1. Customer Assistance Plans. 1475 i. Lifeline Programs. 1475 ii. Charitable Programs. 1476 iii. Flexible Payment Plans. 1478 iv. Temporary... |
2022 |
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| Olivia Stevens |
HIDDEN IN PLAIN SIGHT: THE DANGERS OF ENVIRONMENTAL PROTECTIONS WAIVERS |
97 Indiana Law Journal 785 (Winter, 2022) |
When enacting both statutory and regulatory environmental protections, Congress and various agencies have recognized that emergency situations could arise that would require flexibility in the application and enforcement of those protections. Incorporating waivers into such protections provides that flexibility. However, the current state of... |
2022 |
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| Gregory A. Allen |
HOW CLEARLY DOES CONGRESS NEED TO WAIVE SOVEREIGN IMMUNITY? ENVIRONMENTAL IMPLICATIONS OF THE CLEAR STATEMENT RULE |
52 Environmental Law 585 (Summer, 2022) |
The English fiction that the king can do no wrong is clearly wrong, yet according to long-standing Supreme Court precedent, courts must narrowly construe waivers of sovereign immunity in favor of the sovereign. This can shield the government from liability if the statutory text is not crystal-clear, even where congressional intent of waiver is... |
2022 |
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| Madison Hinkle, Jesse Richardson |
HOW ENVIRONMENTAL LITIGATION HAS TURNED PIPELINES INTO PIPE DREAMS |
52 Environmental Law Reporter (ELI) 10558 (July, 2022) |
Proposed oil and gas pipelines have faced a myriad of legal challenges in the past several years. Even where pipeline proponents have prevailed, the cost and delay of protracted litigation has often caused cancellation of pipeline projects. In addition, presidential transitions have led to abrupt reversals of pipeline policies, which courts have... |
2022 |
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| Jillian Greene |
IDAHO PUBLIC LAND ACCESS: AMENDING ROAD LAWS TO ENSURE PUBLIC LAND REMAINS ACCESSIBLE |
58 Idaho Law Review 133 (2022) |
Public land access issues regularly arise across the West because of the unique landscape of federally owned public land, state owned public land, and private property. In Idaho, and other western states, there is a trend of private parties purchasing large landholdings and subsequently closing off roads that have historically been used to access... |
2022 |
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| Emma Easley |
IMPROVING INTERSTATE WATER COMPACTS ONE ADR PROVISION AT A TIME |
37 Ohio State Journal on Dispute Resolution 369 (2022) |
I. Introduction II. History of Water Scarcity and Disputes A. Global Water Availability B. American Water Availability C. Water Compacts Overview III. Effectiveness and Problems with Interstate Water Compacts A. Water Compact Benefits B. Water Compact Drawbacks IV. The Great Lakes Compact: A Case Study A. Great Lakes Overview B. History of the... |
2022 |
|
| Leonardo Figueroa Helland |
INDIGENOUS PATHWAYS BEYOND THE "ANTHROPOCENE": BIOCULTURAL CLIMATE JUSTICE THROUGH DECOLONIZATION AND LAND REMATRIATION |
30 New York University Environmental Law Journal 347 (2022) |
I. The Spiritual Basis of Sacred Indigenous Relations to Land and Mother Earth. 350 II. To Nurture or Destroy Diversity? Indigenous Biocultures vs. Desacralizing Violences. 358 III. A Climate Crisis or a Problem of Colonialism? Defending Mother Earth at a High Cost. 372 IV. The Colonial Traps of Global Environmental Policy. 382 V. The Treacherous... |
2022 |
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| Katrina Fischer Kuh |
INFORMATIONAL REGULATION, THE ENVIRONMENT, AND THE PUBLIC |
105 Marquette Law Review 603 (Spring, 2022) |
Informational Regulation, the Environment, and the Public generates a typology to analyze how public disclosure functions in informational regulation. In the environmental context, informational regulation compels the public disclosure of environmental information without mandating substantive environmental outcomes in the expectation that... |
2022 |
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| |
INTERNATIONAL LAW AND THE ENVIRONMENT: SUSTAINABILITY, JUSTICE, AND CLIMATE CHANGE AROUND THE WORLD |
32 Indiana International & Comparative Law Review 191 (2022) |
Good morning and welcome to the annual Indiana International and Comparative Law Review Symposium. We are pleased to see so many of you virtually here with us. We hoped this year we would be able to meet in person, but with ongoing COVID-19 concerns, we decided a virtual forum would be the best option for this year. Thank you for joining remotely,... |
2022 |
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| Alexander Toke |
LAND, LEGACY, AND LAW: AMENDING CERCLA TO ACCOUNT FOR ENVIRONMENTAL CONTAMINATION OF TRIBAL CULTURAL RESOURCES |
28 Cardozo Journal of Equal Rights & Social Justice 333 (Winter, 2022) |
C1-2Table of Contents I. Introduction. 335 II. Background Information. 337 A. Treaties. 337 B. The Relationship Between the Federal Government and the Tribes. 340 C. Natural Resources Damages and CERCLA. 343 III. Challenges Faced by Tribes in Recovering for Injuries to Cultural Resources. 346 A. Tribal Lands are Disproportionately Affected by... |
2022 |
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| Maggie Lohmann |
LAW OF THE LAND: THE CONTINUING LEGACY OF INDIAN LAW'S RACIST ROOTS AND ITS IMPACT ON NATIVE AMERICAN LAND RIGHTS |
125 West Virginia Law Review 329 (Fall, 2022) |
Throughout American history, inhumane treatment of Native nations has been legalized through treaties, court cases, and legislation. Confiscating Native land, treating Native Americans as second-class citizens, and breaking government promises to Native nations has been justified with racist stereotypes about Native Americans. Although some may... |
2022 |
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| Alveena Shah |
LEASING THE RAIN: WATER, PRIVATIZATION, AND HUMAN RIGHTS |
26 UCLA Journal of International Law and Foreign Affairs 89 (Fall/Winter, 2022) |
The 1990s saw the unprecedented emergence of corporate engagement in national water systems. Before 1990, international funding went exclusively to public entities. By 2001, ninety-three countries had private sector involvement in their water systems. This shift, supported by international business and trade law, created a regulatory framework... |
2022 |
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| Genevieve (Jenny) Zook |
LEGAL RESOURCES: RESEARCHING WISCONSIN WATER LAW |
95-MAY Wisconsin Lawyer 45 (May, 2022) |
For some lawyers, finding resources on specific legal topics might seem as challenging as finding a cool drink in a desert. This article makes the process of researching water law much easier. Because of a megadrought in the western United States, water has become such a scarce commodity that neighbors fight over irrigation ditches, and water cops... |
2022 |
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| Laura E. Jarvis |
LESSONS FROM LAND TO SEA: AN INFORMED APPROACH TO OFFSHORE AQUACULTURE REGULATION |
102 Boston University Law Review 1083 (April, 2022) |
As traditional capture fisheries run into sustainability issues, including those brought on by climate change and overfishing, and the demand for seafood continues to increase, aquaculture operations and policymakers in the United States are looking toward the potentially lucrative frontier that is offshore aquaculture. Aquaculture operations do... |
2022 |
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| Wendy Kerner |
MAKING ENVIRONMENTAL WRONGS ENVIRONMENTAL RIGHTS: A CONSTITUTIONAL APPROACH |
41 Stanford Environmental Law Journal 83 (February, 2022) |
I. Introduction. 84 II. Imagine a Green Amendment: Structural Legal Implications. 87 III. Current Legal Paradigms Allow for Compromised Air Quality. 93 A. Elyria-Swansea, the Most Polluted City in the Country. 94 B. Colorado's Oil and Gas Policies Promote Pollution. 98 IV. There Is Not Pure Water for All. 102 A. Coloradans Suffer from Exposure to... |
2022 |
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| Karen Bradshaw , Caitlin Doak |
MAKING RECREATION ON PUBLIC LANDS MORE ACCESSIBLE |
97 Notre Dame Law Review 35 (January, 2022) |
This Article reflects upon Professor John Copeland Nagle's scholarship on public land with an emphasis on how his work might extend to the issue of accessibility. Professor John Copeland Nagle was a talented yet humble man of deep kindness and religious convictions. In addition to being a fabulous human being, John was a wonderful scholar. John's... |
2022 |
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| Karen Bradshaw , Caitlin Doak |
MAKING RECREATION ON PUBLIC LANDS MORE ACCESSIBLE |
97 Notre Dame Law Review Reflection 35 (2022) |
This Article reflects upon Professor John Copeland Nagle's scholarship on public land with an emphasis on how his work might extend to the issue of accessibility. Professor John Copeland Nagle was a talented yet humble man of deep kindness and religious convictions. In addition to being a fabulous human being, John was a wonderful scholar. John's... |
2022 |
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| John W. Head, Emily Otte |
MORE THAN FRIENDS? U.S.-CANADA COOPERATIVE FRAMEWORKS ON AGRICULTURE AND THE ENVIRONMENT |
70 University of Kansas Law Review 447 (March, 2022) |
Sharing a long and relatively peaceful border, Canada and the United States have built several cooperative frameworks to address issues of environmental protection and agricultural development. Some of these cooperative frameworks show the potential for the two countries to become more than friends in addressing these issues of common concern.... |
2022 |
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| Nicholas S. Bryner |
NEVER LOOK BACK: NON-REGRESSION IN ENVIRONMENTAL LAW |
43 University of Pennsylvania Journal of International Law 555 (Spring, 2022) |
Deregulatory advocates often frame environmental protection and economic well-being as a zero-sum tradeoff. During times of economic crisis, including the long-term fallout from the global Covid-19 pandemic, policymakers may seek to withdraw or roll back environmental laws and regulations in an attempt to accelerate economic recovery. In order to... |
2022 |
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| James M. Grijalva |
NEW FEDERAL INITIATIVES FOR INDIAN COUNTRY ENVIRONMENTAL MANAGEMENT |
97 North Dakota Law Review 343 (2022) |
I. INTRODUCTION. 343 II. THE FOUNDATION OF THE EPA'S INDIAN PROGRAM. 344 III. INDIAN COUNTRY WATER QUALITY PROTECTION. 346 IV. FEDERAL WQS FOR INDIAN COUNTRY. 347 V. DEFINING TRIBAL USES AND SETTING PROTECTIVE CRITERIA. 349 VI. PROTECTING TRIBAL WATER QUALITY INTERESTS OUTSIDE INDIAN RESERVATIONS. 351 VII. CONCLUSION. 352 |
2022 |
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| Danielle Clifford |
NINTH CIRCUIT MUDDIES THE WATERS OF TRIBAL SOVEREIGN IMMUNITY AND THE CLEAN WATER ACT IN DESCHUTES RIVER ALLIANCE v. PORTLAND GE |
12 Washington Journal of Social & Environmental Justice 45 (May, 2022) |
Throughout 2011 and 2012, members of the Deschutes River community who fish in the Lower Deschutes River in Oregon noticed a slew of significant changes to their natural environment. The Deschutes River Alliance attributed the changes to the operation of the Pelton Round Butte Hydraulic Project, which is co-owned and operated by Portland General... |
2022 |
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| Bina R. Reddy |
NO ACCOUNTING FOR ACCOUNTABILITY? A COMMENT ON ENVIRONMENTAL CITIZEN SUITS AND THE INEQUITIES OF RACES TO THE TOP |
52 Environmental Law Reporter (ELI) 10619 (August, 2022) |
Citizen suits elicit strong opinions but the discourse around their relative merits and deficits is often woefully lacking in supporting data. In Environmental Citizen Suits and the Inequities of Races to the Top, David E. Adelman and Jori Reilly-Diakun step into this void and provide a cogent empirical analysis of citizen suits aimed at assessing... |
2022 |
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| Frederick H. Turner |
OAK FLAT: A FIGHT FOR SACRED LAND IN THE AMERICAN WEST: LAUREN REDNISS, RANDOM HOUSE, 2020 |
37-FALL Natural Resources & Environment 60 (Fall, 2022) |
Early in this vibrant narrative, Lauren Redniss describes driving toward a series of desert mesas known as Oak Flat, near the small mining town of Superior, Arizona, and just east of Phoenix. On the approach, one can see Apache Leap--cliffs that drop like a stone curtain behind the town--and then you burst out of [a] tunnel to face brilliant... |
2022 |
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| Jessica E. Jay |
OPPORTUNITIES FOR REFORM AND REIMAGINING IN CONSERVATION EASEMENT AND LAND USE LAW: A TO-DO LIST FOR SUSTAINABLE, PERPETUAL LAND CONSERVATION |
46 Vermont Law Review 387 (Spring, 2022) |
I. Historic Reforms and Support Achieved Through Adaptive Legal Regimes. 388 II. The To-Do List. 387 A. Immediate, Imminent, Urgent Needs within the Existing Legal Framework. 388 1. Pass the Conservation Integrity Act to Immediately Curtail Abuse of the Conservation Easement Incentive. 391 2. Establish Gatekeeping of the Conservation Easement... |
2022 |
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| William B. Davis |
PERPETUATED IN RIGHTEOUSNESS: PROPOSALS FOR STRENGTHENING HAWAI'I'S "CEDED LAND" PROTECTIONS |
45-SPG Environs Environmental Law and Policy Journal 185 (Spring, 2022) |
I. Introduction. 186 II. Background. 188 A. Pre-Mhele. 189 B. The Great Mhele. 190 1. Crown and Government Lands. 191 C. Overthrow of the Hawaiian Kingdom. 192 1. Republic of Hawai'i. 194 2. Territory of Hawai'i. 195 3. Lili'uokalani v. United States. 196 D. Admission to the Union. 197 III. Road to the Current Law. 200 A. Halting the Sale of... |
2022 |
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| Rachael E. Salcido |
PLASTIC ACTIVISM AND THE CLEAN WATER ACT |
52 Environmental Law 307 (Summer, 2022) |
Scientists have been sounding the alarm about the health and environmental dangers of plastics. We have been slow to pay attention. Plastic production causes a range of environmental harms. Furthermore, larger plastic items break down over time into smaller and smaller pieces--microplastics. Much of the plastic waste in our environment originates... |
2022 |
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| Samantha Hepburn |
PRIVATE CLIMATE GOVERNANCE IN AUSTRALIA: INDIGENOUS LAND USE AGREEMENTS AND THE MAJORITY DEFAULT RULE |
39 Wisconsin International Law Journal 431 (Spring, 2022) |
The right to control and determine decision-making mechanisms is central to all legal systems including traditional legal systems .. This article examines the majority default rule as a consent mechanism for area Indigenous land use agreements (ILUAs) in Australia. The area ILUA is a well-established long-term land use transaction entered into... |
2022 |
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| Katrina M. Wyman , Adalene Minelli |
PROPERTIZING ENVIRONMENTAL ATTRIBUTES |
39 Yale Journal on Regulation 1391 (Summer, 2022) |
Tangible environmental resources such as land and water have been the object of property rights and traded in markets for millennia. In a development largely unnoticed by legal scholars, technology now allows a new class of environmental resources that are much harder to see and touch to be measured and potentially sold--environmental attributes.... |
2022 |
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| Shawn D. Ren |
PROTECTING OUR AT-RISK COMMUNITIES FROM THE GROUND(WATER) UP: CAFOS, THE CLEAN WATER ACT, AND A FRAMEWORK FOR OFFERING CLARITY TO AN IMPRECISE MAUI TEST |
71 Emory Law Journal 563 (2022) |
For rural communities across the country, the problems associated with concentrated animal feeding operations (CAFOs) are nothing new. These industrial-sized operations emit a tremendous amount of waste, polluting the surrounding air, land, and water. In many regions, minority, indigent, and uneducated groups disproportionately bear the ill-effects... |
2022 |
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