| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
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| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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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| Michael J. Amato |
THE BEST AND WORST FORM OF ENVIRONMENTAL ENFORCEMENT: THIRD-PARTY PAYMENTS AND EXECUTIVE SETTLEMENT POLICY |
110 Georgetown Law Journal 1171 (May, 2022) |
C1-2Table of Contents Introduction. 1172 I. Background of Third-Party Payments. 1178 A. HISTORICAL BACKGROUND. 1179 B. MODERN THIRD-PARTY PAYMENTS. 1181 1. Supplemental Environmental Projects. 1182 2. Equitable Mitigation. 1183 3. Community Service. 1184 4. Restitution. 1185 C. CRITICISM. 1186 1. Statutory Criticism. 1187 2. Policy Criticism. 1188... |
2022 |
|
| Casey Hellman, Staff Contributor |
THE BIDEN ADMINISTRATION'S NEW TOOL TO ADDRESS ENVIRONMENTAL INJUSTICE |
10/23/2022 Georgetown Environmental Law Review Online 1 (23-Oct-22) |
Using the Explore the Map tool to view data for a specific community in Washington, D.C. On January 27, 2021, President Biden issued Tackling the Climate Crisis at Home and Abroad, an executive order intended to increase the primacy of climate issues in domestic and foreign policy. The Order created the Justice40 Initiative, which is a commitment... |
2022 |
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| Skye M. Walker, 2021-2022 Symposium Editor |
THE CLEAN WATER ACT AT 50: REQUIEM OR RESURRECTION? |
52 Environmental Law I (Summer, 2022) |
Fifty years ago, Congress passed the Federal Water Pollution Control Act of 1948 (later known as the Clean Water Act) in response to a disturbing public health issue: egregious pollution of U.S. waterbodies. The Cuyahoga River fire of 1969, among other events, generated national concern over water quality and set in motion a new regulatory era.... |
2022 |
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| Tom I. Romero, II |
THE COLOR OF LOCAL GOVERNMENT: OBSERVATIONS OF A BROWN BUFFALO ON RACIAL IMPACT STATEMENTS IN THE MOVEMENT FOR WATER JUSTICE |
25 CUNY Law Review 241 (Summer, 2022) |
This Article advocates for the adoption of racial impact statements (RIS) in local government decision making, particularly among water utilities. Situated in the larger history of water and climate injustice in Colorado and the arid American West, this Article examines ways that racially minoritized communities engage and contest legal and... |
2022 |
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| |
THE CONSTITUTIONAL RIGHT TO SAVE THE ENVIRONMENT |
52 Environmental Law Reporter (ELI) 10007 (January, 2022) |
More than 50 years ago, Franklin Kury drafted and championed an Environmental Rights Amendment to the Pennsylvania Constitution. His book, The Constitutional Question to Save the Planet: The Right to a Healthy Environment (ELI Press 2021), expands upon the story of his amendment to demonstrate how its principles can be the basis for addressing... |
2022 |
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| Khiara M. Bridges |
THE DYSGENIC STATE: ENVIRONMENTAL INJUSTICE AND DISABILITY-SELECTIVE ABORTION BANS |
110 California Law Review 297 (April, 2022) |
Disability-selective abortion bans are laws that prohibit individuals from terminating a pregnancy because the fetus has been diagnosed with a health impairment. Many environmental toxins--to which low-income people and people of color disproportionately are exposed--are known to cause impairments in fetuses. When the fact of environmental... |
2022 |
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| Gabriel J. Chin *, Anna Ratner ** |
THE END OF CALIFORNIA'S ANTI-ASIAN ALIEN LAND LAW: A CASE STUDY IN REPARATIONS AND TRANSITIONAL JUSTICE |
29 Asian American Law Journal 17 (2022) |
For nearly a century, California law embodied a rabid anti-Asian policy, which included school segregation, discriminatory law enforcement, a prohibition on marriage with Whites, denial of voting rights, and imposition of many other hardships. The Alien Land Law was a California innovation, copied in over a dozen other states. The Alien Land Law,... |
2022 |
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| Kylah Staley |
THE EXTRACTION INDUSTRY IN LATIN AMERICA AND THE PROTECTION OF INDIGENOUS LAND AND NATURAL RESOURCE RIGHTS: FROM CONSULTATION TOWARD FREE, PRIOR, AND INFORMED CONSENT |
73 Hastings Law Journal 1145 (May, 2022) |
Resource extraction and exploitation threaten the survival of Indigenous and tribal peoples, who are amongst the most marginalized communities in the world. This is both a human rights issue and an environmental issue. There are around 300 million people that make up Indigenous communities worldwide, the majority of whom live in forests.... |
2022 |
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| Shira Cohen |
THE FAILINGS OF THE UNITED STATES JUSTICE SYSTEM: LOBATO v. TAYLOR AND MEXICAN COMMUNITY LAND GRANTS |
93 University of Colorado Law Review 841 (Summer, 2022) |
Introduction. 842 I. The Broken Promises of the Treaty of Guadalupe-Hidalgo. 845 A. Communal Land Ownership in Mexico. 846 B. The Treaty and Its Import to Community Land Grants. 847 C. Disregard of Community Land Grants and Treaty Violations. 849 1. Tameling and the Removal of Courts from the Land-Grant Confirmation Process. 849 2. Sandoval and... |
2022 |
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| Joshua Ozymy , Melissa Jarrell Ozymy |
THE GREEN POLICE IN THE GOLDEN STATE: AN ANALYSIS OF THE CRIMINAL ENFORCEMENT OF ENVIRONMENTAL LAW IN THE STATE OF CALIFORNIA |
28 Hastings Environmental Law Journal 3 (Winter, 2022) |
The use of criminal enforcement tools is necessary for deterring and punishing environmental offenses involving significant harm or culpable conduct. Yet we have very limited empirical knowledge of how the criminal enforcement of environmental laws has functioned historically in the Golden State. Through content analysis of prosecution summaries... |
2022 |
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