| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| 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 |
|
| Reid Peyton Chambers |
PROTECTION AND IMPLEMENTATION OF INDIAN RESERVED WATER RIGHTS AS A NECESSARY CONDITION FOR TRIBAL ECONOMIC DEVELOPMENT |
2022 Wisconsin Law Review 383 (2022) |
Introduction. 383 I. Legal Framework of Federally Reserved Indian Water Rights. 385 A. Winters Case. 385 B. Repeated Failures of the United States to Implement Winters for the First Five Decades After the Decision. 386 C. Arizona v. California. 389 II. Adjudications Involving Indian Water Rights Subsequent to Arizona v. California. 391 A. Wyoming... |
2022 |
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| Akilah M. Browne, A. Mychal Johnson |
PUBLIC LAND FOR PUBLIC GOOD: A CALL FOR A REPARATIVE APPLICATION OF THE PUBLIC TRUST DOCTRINE IN NEW YORK |
30 New York University Environmental Law Journal 303 (2022) |
Introduction. 304 I. The Racially Discriminatory History of American Property Law. 311 II. New York's Interpretation and Application of the Public Trust Doctrine. 313 III. An Expansive and Reparative Application of the Public Trust Doctrine. 317 Conclusion. 322 |
2022 |
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| Elaine Y. Lee, Athena G. Rutherford |
QUICKER BUT LESS DIRTY: THE BIDEN ADMINISTRATION BOTH STREAMLINES AND SEEKS TO EXPAND NEPA ENVIRONMENTAL REVIEW |
41-SPG Construction Lawyer 17 (Spring, 2022) |
Any construction project associated with a federal agency such as the Department of Transportation or Federal Transit Administration must comply with the requirements of the National Environmental Policy Act (NEPA). With the surge of new and upcoming infrastructure projects funded by the federal government, contractors pursuing and working on... |
2022 |
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| Frances Baillon , Michelle Gibbons |
RACE-BASED HOSTILE WORK ENVIRONMENT CLAIMS IN FEDERAL AND MINNESOTA COURTS: A HISTORICAL PERSPECTIVE ON THE DEVELOPMENT OF THE "SEVERE OR PERVASIVE" STANDARD |
48 Mitchell Hamline Law Review 863 (May, 2022) |
I. Introduction. 864 II. Statutory Measures Addressing Race Harassment. 865 A. State Statute--The Minnesota Human Rights Act. 865 B. Federal Statute--Title VII. 866 III. The History of Race Harassment Claims and the Origins of the Federal Severe or Pervasive Standard. 867 A. Early Federal Decisions Apply an Expansive View of Title VII and... |
2022 |
|
| Maria Antonia Tigre , Natalia Urzola , Victoria Lichet |
REFRAMING GLOBAL BIODIVERSITY PROTECTION AFTER COVID-19: IS INTERNATIONAL ENVIRONMENTAL LAW UP TO THE TASK? |
23 Vermont Journal of Environmental Law 124 (Winter, 2022) |
Introduction. 125 I. Regulation of Wildlife Trade and Deforestation: A Pathway to Reduce Biodiversity Loss?. 126 A. Deforestation and Land-Use Changes as Primary Drivers of Biodiversity Loss. 128 B. Wildlife Trade and Zoonotic Diseases. 130 C. Possible Responses to Biodiversity Loss: Protected Areas and Wildlife Trade International Regulation. 132... |
2022 |
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| Rachel Chambers , Jena Martin |
REIMAGINING CORPORATE ACCOUNTABILITY: MOVING BEYOND HUMAN RIGHTS DUE DILIGENCE |
18 NYU Journal of Law & Business 773 (Summer, 2022) |
The global movement towards the adoption of human rights due diligence laws is gaining momentum. Starting in France, moving to Germany, and now at the European Union level, lawmakers are heeding the call to mandate that companies conduct human rights due diligence throughout their global operations. The situation in the United States is very... |
2022 |
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| Tyler Demetriou |
REINVIGORATING THE VIRGINIA CONSTITUTION'S ENVIRONMENTAL PROVISION |
40 Virginia Environmental Law Journal 66 (2022) |
Fifty years ago, Virginia enacted a new constitution. The constitution's framers, recognizing that environmental threats would be among the most significant problems facing Virginia in future decades, included Article XI, the state's first comprehensive environmental constitutional provision. Article XI made natural resource conservation a stated... |
2022 |
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| Ada C. Montague , Samuel J. Panarella , Peter Yould |
RENEWABLE ENERGY DEVELOPMENT ON STATE TRUST LANDS |
32 Duke Environmental Law and Policy Forum 177 (Spring, 2022) |
The installed capacity of renewable energy projects in the United States is growing at a rapid pace, forcing renewable energy developers to look further afield to find lands suitable for new solar and wind projects. In this search, state trust lands, which have been underutilized to date for renewable energy development, offer an attractive... |
2022 |
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| Ben Mayer, Endre Szalay, Elizabeth Crouse, Bart Freedman |
RENEWABLE ENERGY ON TRIBAL LANDS: NATIVE AMERICAN TRIBES ARE WELL POSITIONED TO PLAY A KEY ROLE IN THE CLEAN ENERGY TRANSITION |
69-APR Federal Lawyer 42 (March/April, 2022) |
Demand for renewable energy projects is at an all-time high and trending up. As part of this acceleration, there has been a push for renewable energy projects with positive social impacts and benefits for traditionally marginalized communities. Indeed, some of the most significant consumers and supporters of renewable and carbon-free power have... |
2022 |
|
| Craig Anthony (Tony) Arnold , Resilience Justice Project Researchers |
RESILIENCE JUSTICE AND URBAN WATER PLANNING |
52 Seton Hall Law Review 1399 (2022) |
I. Introduction. 1400 II. Urban Water Planning And Institutions. 1405 A. Urban Water Planning. 1405 B. Local Water Institutions. 1408 C. State Water Institutions. 1409 D. Federal Water Institutions. 1414 III. Resilience Justice. 1417 IV. Case Studies: Fresno and Sacramento. 1423 A. Overview. 1423 B. Fresno Case Study. 1425 C. Sacramento Case Study.... |
2022 |
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| Senator Kevin Cramer |
RESTORING STATES' RIGHTS & ADHERING TO COOPERATIVE FEDERALISM IN ENVIRONMENTAL POLICY |
45 Harvard Journal of Law & Public Policy 481 (Spring, 2022) |
For Attorney General Wayne Stenehjem: On Friday, January 28, 2022, North Dakota and our nation lost a patriot who fought for the cause of states' rights and cooperative federalism. His work in the courtroom and on North Dakota's Industrial Commission was monumental in positioning the state to be an energy powerhouse while being a steward of the... |
2022 |
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| Joshua Ash |
RETHINKING INTERGENERATIONAL EQUITY IN LAND USE DECISION MAKING |
36-SPG Natural Resources & Environment 21 (Spring, 2022) |
For most of my childhood, I lived on a small farm on the border of Maryland and West Virginia, surrounded by mountain streams, picturesque pastures, and the occasional Amish buggy. Among other early childhood lessons, I was taught that land meant everything. In that agricultural community, the land upon which one lived shaped one's income, family... |
2022 |
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| Taino J. Palermo |
RETURNING HOME AND RESTORING TRUST: A LEGAL FRAMEWORK FOR FEDERALLY NON-RECOGNIZED TRIBAL NATIONS TO ACQUIRE ANCESTRAL LANDS IN FEE SIMPLE |
27 Roger Williams University Law Review 305 (Spring, 2022) |
There is a special trust relationship between the federal government and American Indian tribes, referred to as the trust responsibility. However, it is difficult to frame the scope of this relationship. One narrow interpretation is the trust instrument formed when the federal government takes tribal land in fee simple, to manage for the benefit... |
2022 |
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| Jorden Messmer |
REVIVING SUPPLEMENTAL ENVIRONMENTAL PROJECTS |
53 University of Toledo Law Review 527 (Spring, 2022) |
On October 8, 2020, the Conservation Law Foundation sued Attorney General William Barr over the Department of Justice terminating nearly thirty years of legal precedent. The controversy surrounds the environmentally beneficial settlement tool known as Supplemental Environmental Projects (SEPs). Although early forms of SEPs were supported by the... |
2022 |
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| Keith Hirokawa , Steph Tai , Elizabeth Kronk Warner |
ROUNDTABLE ONE THE ESSENTIAL ENVIRONMENTAL LAW CURRICULUM |
46 Vermont Law Review 552 (Summer, 2022) |
Dean Kronk Warner: I think the answer is yes and no. Traditionally, the focus in environmental law--at least how I was taught when I was in law school--was this focus on litigation-based strategies and also on federal environmental law. I think that, when we solely focus on those two issues, that goes to the critique we saw from the ABA. Any time... |
2022 |
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| Cale Jaffe , Helen Kang , Hari Osofsky |
ROUNDTABLE THREE ENVIRONMENTAL LAW EDUCATION: PREPARING FOR ENVIRONMENTAL PRACTICE |
46 Vermont Law Review 604 (Summer, 2022) |
First of all, I just wanted to say a big thank you to all of you for including me in today's dialogue and putting together this really interesting series. I've gained so much from hearing everybody's insights. I think when we start talking about new strategies for addressing environmental issues to be incorporated into the law school curriculum, in... |
2022 |
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| Lincoln Davies , Karrigan Börk , Sarah Krakoff |
ROUNDTABLE TWO ENVIRONMENTAL LAW EDUCATION: NEW TECHNIQUES IN THE CLASSROOM AND BEYOND |
46 Vermont Law Review 575 (Summer, 2022) |
First, I want to briefly explain our curriculum, as it exists, to help with the context for my answer. At Colorado, we have what I think of as a developmental curriculum. We have a foundations class that is the gateway to the rest of the substantive classes. And then we have pollution law, water law, public lands, climate change--a full suite of... |
2022 |
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| Jonathan Rosenbloom , Jennifer Rushlow |
SAME SONG, DIFFERENT CHORUS: MODERNIZING ENVIRONMENTAL LAW CURRICULUM |
46 Vermont Law Review 543 (Summer, 2022) |
Environmental law is not what it used to be. Much has changed since the original major federal environmental statutes became law under President Nixon in the early 1970s. The climate crisis, loss of biodiversity, and more public recognition that environmental impacts disproportionately harm (and benefit) different communities according to race,... |
2022 |
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| Heather J. Tanana |
SECURING A PERMANENT HOMELAND: THE FEDERAL GOVERNMENT'S RESPONSIBILITY TO PROVIDE CLEAN WATER ACCESS TO TRIBAL COMMUNITIES |
69-APR Federal Lawyer 52 (March/April, 2022) |
Water is life--critical to the health, socioeconomic, and cultural needs of any community. Every household in the United States needs and deserves access to clean, reliable, and affordable drinking water. Yet, tribal communities face high rates of water insecurity. More than a half million people--nearly 48 percent of tribal homes in Native... |
2022 |
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| April Crain |
SLEIGHT OF LAND: THE SOCIOENVIRONMENTAL IMPACTS OF GLOBAL LAND TRADE IN THE INTERNATIONAL INVESTMENT SYSTEM |
33 Colorado Environmental Law Journal 219 (Winter, 2022) |
C1-2Table of Contents Introduction. 220 I. Southward Expansion. 222 A. Global Land Trade and Foreign Direct Investment. 224 1. Large-Scale Land Acquisition. 224 2. Resource-Seeking Bilateral Lending. 226 B. Socioenvironmental Impacts of Global Land Trade. 229 1. Deforestation and Biodiversity Loss Due to Land-Use Changes. 230 2. Increased... |
2022 |
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| Eric Biber , Giulia Gualco-Nelson , Nicholas Marantz , Moira O'Neill |
SMALL SUBURBS, LARGE LOTS: HOW THE SCALE OF LAND-USE REGULATION AFFECTS HOUSING AFFORDABILITY, EQUITY, AND THE CLIMATE |
2022 Utah Law Review 1 (2022) |
Housing costs in major coastal metropolitan areas nationwide have skyrocketed, impacting people, the economy, and the environment. Land-use regulation, controlled primarily at the local level, plays a major role in determining housing production. In response to this mounting housing crisis, scholars, policymakers, and commentators are debating... |
2022 |
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| Brent D. Chicken, Amanda J. Dick |
SOVEREIGN LANDS |
8 One J: Oil and Gas, Natural Resources, and Energy Journal 517 (December, 2022) |
C1-2Table of Contents I. Introduction. 517 II. Federal Regulatory Developments. 518 A. Amendments and Policy Updates. 518 B. New Rules. 521 C. Looking Forward. 523 III. Judicial Developments. 524 A. Moratorium on Federal Leases. 524 B. BLM Environmental Review. 526 C. CO2 Royalties Under Federal Leases. 526 D. Pipeline Regulations. 527 |
2022 |
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| James McElfish |
STATE PROTECTION OF NONFEDERAL WATERS: TURBIDITY CONTINUES |
52 Environmental Law Reporter (ELI) 10679 (September, 2022) |
Judicial or administrative changes in the regulatory scope of the 1972 Clean Water Act (CWA) are not merely theoretical, but directly affect members of the public who rely on the services that waters provide to ecosystems and the health of communities. Changes also affect entities that discharge pollutants to waters, and state regulators that are... |
2022 |
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| Samuel T. Ayres |
STATE WATER OWNERSHIP AND THE FUTURE OF GROUNDWATER MANAGEMENT |
131 Yale Law Journal 2213 (May, 2022) |
Climate change--bringing worse drought and more erratic weather--will both increase our need for groundwater and shrink the amount available. Managing dwindling groundwater reserves poses stark legal and policy challenges, which fall largely on the states. But in many states, antiquated legal regimes allow for an unrestricted race to pump aquifers... |
2022 |
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| Jon W. Katchen , Nicholas Ostrovsky |
STRANGERS IN THEIR OWN LAND: A SURVEY OF THE STATUS OF THE ALASKA NATIVE PEOPLE FROM THE RUSSIAN OCCUPATION THROUGH THE TURN OF THE TWENTIETH CENTURY |
39 Alaska Law Review 1 (June, 2022) |
The federal government's scattershot treatment of Alaska Natives has long created confusion over the legal status and rights of Alaska Natives and Alaska Native entities. This confusion was center stage in the recent Supreme Court case, Yellen v. Confederated Tribes of the Chehalis Reservation, involving Indian Tribe entitlement to CARES Act... |
2022 |
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| Emily Reeves |
TAKING BACK SOVEREIGNTY: THE IMPORTANCE OF NATIVE VOICES IN ADDRESSING ENVIRONMENTAL HARMS TO NATIVE LAND |
52 California Western International Law Journal 615 (Spring, 2022) |
C1-2Table of Contents Introduction. 616 I. History of Tribal Sovereignty. 619 II. Tribal Sovereignty and Environmental Rights. 620 III. Description of Controversy. 623 A. The Enbridge Pipeline. 624 B. Department of Natural Resources v. White Earth Band of Ojibwe. 625 IV. Repercussions of Department of Natural Resources v. White Earth Band of... |
2022 |
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| Lauren Reznick |
TAKING ON PAST INJUSTICES: NEW LAND COURT PROCEDURE OFFERS SOLUTIONS TO HOMEOWNERS FOR RACIALLY RESTRICTIVE COVENANTS IN LAND RECORDS |
66-WTR Boston Bar Journal 19 (Winter, 2022) |
No part of the land hereby conveyed or any of the improvements thereon shall ever be sold, leased, traded, deeded or donated to any one other than of the Caucasian race. These above words live within Massachusetts land records and remind us of a not-too-distant shameful past. Throughout the early twentieth century, racially restrictive covenants,... |
2022 |
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| Luis Inaraja Vera |
TAKINGS PROPERTY AND APPROPRIATIVE WATER RIGHTS |
44 Cardozo Law Review 271 (October, 2022) |
The Takings Clause of the Fifth Amendment to the United States Constitution provides that private property [shall not] be taken for public use, without just compensation. While courts and academics have put considerable amounts of effort into discussing the meaning of taken or public use, they have given far less attention to the phrase... |
2022 |
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| Doug Williams |
TEACHING ENVIRONMENTAL LAW AFTER TRUMP |
66 Saint Louis University Law Journal 469 (Spring, 2022) |
This Article addresses some of the challenges in teaching environmental law after the administration of President Donald Trump. The Trump Administration mounted a relentless, aggressive, and largely deregulatory overhaul of the nation's major environmental regulatory efforts, particularly the efforts of the prior Obama Administration. Many of these... |
2022 |
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| Kevin Cassidy , Craig Johnston |
TEAR DOWN THIS WALL: ALIGNING THE CORPS' ENVIRONMENTAL REVIEW OBLIGATIONS UNDER NEPA AND THE CLEAN WATER ACT FOR SECTION 404 WETLAND PERMITS |
52 Environmental Law 395 (Summer, 2022) |
Under its public interest review regulation, the U.S. Army Corps of Engineers (Corps) reserves to itself the power to consider a broad range of factors in determining whether it should issue Section 404 permits under the Clean Water Act (CWA). This review supplements, and is distinct from, the analysis that the Corps must engage in pursuant to... |
2022 |
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