AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Scott W. Stern THE JUSTICE FROM MONSANTO: THE ENVIRONMENTAL LIFE AND LAW OF CLARENCE THOMAS 46 Harvard Environmental Law Review 67 (2022) Ever since his controversial 1991 confirmation hearings, Justice Clarence Thomas has been the subject of ravenous popular and scholarly interest. Today, there is a veritable shelf of books and studies analyzing his biography, his ideology, and his jurisprudence. Yet one area has been missing from the existing literature: environmental law. Few... 2022  
Stella Emery Santana THE LEGAL ASPECTS OF WATER AS A HUMAN RIGHT ACCORDING TO THE 2030 AGENDA: A COMPARATIVE ANALYSIS BETWEEN BRAZIL AND THE UNITED STATES OF AMERICA 32 Indiana International & Comparative Law Review 287 (2022) This research article demonstrates the legal aspects of water as a human right by utilizing the United Nations (UN) 2030 Agenda on Sustainable Development as the primary comparative tool. Brazil and the United States of America (USA) are the objects of research for this legal analysis. Both countries were the subjects of analysis because of the... 2022  
Victor Flatt THE MYTH OF STATE SURFACE WATER REGULATION--THE FIFTY YEAR FLAW OF THE FEDERAL WATER POLLUTION CONTROL ACT JURISDICTIONAL DEBATE 52 Environmental Law 331 (Summer, 2022) In 1972, when the federal government took the lead in protecting our nation's waters from pollution and destruction, it intended to assert federal jurisdiction as broadly as possible. Nonetheless, for the last fifty years, the precise contours of federal jurisdiction (the extent of waters of the United States or WOTUS) have been in dispute,... 2022  
Kurt Wohlers THE PARTICLE PROBLEM: USING RCRA CITIZEN SUITS TO FILL GAPS IN THE CLEAN AIR ACT 121 Michigan Law Review 325 (November, 2022) While the Clean Air Act has done a substantial amount for the environment and the health of individuals in the United States, there is still much to be done. For all its complexity, the Act has perpetuated systemic inequities and allowed harms to fall more heavily on low-income communities and communities of color. This is no less true for... 2022  
Michelle Bryan THE POWER OF RECIPROCITY: HOW THE CONFEDERATED SALISH & KOOTENAI WATER COMPACT ILLUMINATES A PATH TOWARD NATURAL RESOURCES RECONCILIATION 25 University of Denver Water Law Review 227 (Spring, 2022) INTRODUCTION. 229 The Peoples and Their Place. 230 Why This Story Matters. 232 Roadmap for this Article. 235 I. HOW THE FEDERAL GOVERNMENT SET THE STAGE FOR TRIBAL-STATE COMPETITION OVER SCARCE WATER RESOURCES. 235 A. It Began in Montana: The Winters Doctrine and Tribal Water Rights. 235 B. The McCarran Amendment and its Impact on Tribal-State... 2022  
George Moshenski-Dubov THE PROTECTION OF ENVIRONMENTAL LAW UNDER NAFTA AND CUSMA: A CANADIAN PERSPECTIVE 46 Canada-United States Law Journal 239 (2022) C1-2Table of Contents I. INTRODUCTION. 240 II. NAFTA HISTORY. 240 A. North American Agreement on Environmental Cooperation. 241 1. Objectives. 241 2. Obligations. 241 3. Commission for Environmental Cooperation. 242 4. Cooperation and Provision of Information. 242 5. Consultation and Resolution of Disputes. 242 6. General Provisions and 7. Final... 2022  
Arthur D. Middleton, Temple Stoellinger, Drew E. Bennett, Travis Brammer, Laura Gigliotti, Hilary Byerly Flint, Sam Maher, Bryan Leonard THE ROLE OF PRIVATE LANDS IN CONSERVING YELLOWSTONE'S WILDLIFE IN THE TWENTY-FIRST CENTURY 22 Wyoming Law Review 237 (2022) I. Introduction. 238 II. Origins, Ownership, and Use of Private Land in the Gye. 244 III. Importance of Private Lands to Wide-Ranging Wildlife in the Gye. 251 A. The Grizzly Bear. 252 B. The Elk. 254 IV. Conceptual Basis for Wildlife Conservation on Private Lands. 260 A. Responsibilities of Landowners Toward Wildlife; and of the Public Toward... 2022  
Heather J. Tanana, Elisabeth Paxton Parker THE UNFULFILLED PROMISE OF INDIAN WATER RIGHTS SETTLEMENTS 37-FALL Natural Resources & Environment 12 (Fall, 2022) When the Ute Bands signed the treaty establishing the Ute Reservation in 1868, the United States promised the Ute people that the Reservation would be a permanent home that would support our people forever. The key to carrying out that promise is water--a fact that the Tribal leadership has always known but which the United States has sometimes... 2022  
Andrew Simmons TIJUANA RIVER VALLEY POLLUTION: HOW THE ENVIRONMENTAL PROTECTION AGENCY EXPECTS TO END A NINETY-YEAR ENVIRONMENTAL AND PUBLIC HEALTH CRISIS 33 Villanova Environmental Law Journal 113 (2022) The Tijuana River Valley (TRV) is a transboundary watershed that covers approximately 1,750 square miles across Mexico and the United States. Although the TRV spans the border, most of its water flow originates in Mexico's Baja California mountain ranges and flows downhill north towards the United States. Mexico contains approximately seventy-five... 2022  
Dino Delgado Gutiérrez TRADE AGREEMENTS AND ENVIRONMENT IN LATIN AMERICA 52 Environmental Law Reporter (ELI) 10311 (April, 2022) Inspired by the work of the Secretariat for Submissions on Environmental Enforcement Matters of the United States-Peru Trade Promotion Agreement, this Article surveys other environmental submission mechanisms in Latin America, looking at similarities and differences. Beyond the criticisms made of these processes, they have value as independent... 2022  
Jason Miranda U.S. DISTRICT COURT LETS PRO SE GAY TEACHER PURSUE HOSTILE WORK ENVIRONMENT CLAIM 2022 LGBT Law Notes 14 (November, 2022) Teachers across the U.S. consistently face a large burden in today's education system--underfunded, underpaid, and tasked with obtaining standardized test results while maintaining ever-increasing limits on permitted curriculum. One particular schoolteacher, Jared Hester, has had to deal with what appears to be an onslaught of harassment from... 2022  
Rebecca Glenn UNREALIZED FEDERAL INDIAN WATER RIGHTS ON THE COLORADO RIVER: AN OPPORTUNITY FOR EQUITY AND CONSERVATION 25 University of Denver Water Law Review 287 (Spring, 2022) I. Introduction. 288 II. The Law of the River. 290 A. A Brief History. 290 B. The Drought. 292 III. Federal Indian Water Rights on the Colorado River. 294 A. A Brief History of Federal Indian Reserved Water Rights, Generally. 294 B. Federal Indian Water Rights Settlements and Adjudications on the Colorado River. 297 1. The Colorado Ute Indian Water... 2022  
Travis Brammer USING LAND AND WATER CONSERVATION FUND MONEY TO PROTECT WESTERN MIGRATION CORRIDORS 22 Wyoming Law Review 61 (2022) I. Introduction. 62 II. Background. 63 A. Importance of Migration Corridors. 64 B. Threats to Migration Corridors. 71 C. The Land and Water Conservation Fund. 74 III. Migration Corridor Conservation Funding. 77 A. Existing Efforts to Protect Migration Corridors. 78 B. Need for Additional Federal Funding. 83 IV. Using LWCF Money. 84 A. LWCF Funding... 2022  
Katharine Bleau VALUING NATURE IN ENVIRONMENTAL LAW 37-SUM Natural Resources & Environment 52 (Summer, 2022) Last year marked the start of the United Nations Environment Programme's (UNEP) Decade on Ecosystem Restoration. UNEP et al., Ecosystem Restoration Playbook: A Practical Guide to Healing the Planet, at 3 (2021). This call to recover nature stems largely from society's remaining tendency to value the short-term gains from environmental degradation... 2022  
Michael C. Blumm , Michael Benjamin Smith WALKER LAKE AND THE PUBLIC TRUST IN NEVADA'S WATERS 40 Virginia Environmental Law Journal 1 (2022) The public expects this unique natural resource to be preserved and for all of us to always be able to marvel at this massive glittering body of water lying majestically in the midst of a dry mountainous desert. --Justice Robert Rose Walker Lake, a terminal desert lake in western Nevada's Mineral County was once home to a thriving trout fishery... 2022  
Abigail R. Brown WATER JUSTICE UNDER THE BIG SKY: LOCATING A HUMAN RIGHT TO WATER IN MONTANA LAW 45 Public Land & Resources Law Review 41 (2022) I. Introduction. 42 II. Background: Water Scarcity in Montana's Communities. 44 III. Montana's Prior Appropriation Doctrine and Domestic Preference. 49 A. Prior Appropriation in Montana. 49 B. Domestic Preference: An Exception to the Rule of Priority. 52 C Montana's Legal Authority to Recognize a Domestic Preference: Reconsidering Mettler. 54 IV. A... 2022  
Richard A. Monette WATER LAW IN NATIVE NATION TERRITORIES 95-OCT Wisconsin Lawyer 10 (October, 2022) Maintaining access to sufficient clean water sometimes requires resort to the legal system. Determining rights to water on Indian land is a special exercise in choice of laws, jurisdiction, and balance of competing policies and cultures. Indian water rights law is complex, meandering through federal Indian law and several relatively distinct but... 2022  
Stephen M. Johnson WHITHER THE LOFTY GOALS OF THE ENVIRONMENTAL LAWS?: CAN STATUTORY DIRECTIVES RESTORE PURPOSIVISM WHEN WE ARE ALL TEXTUALISTS NOW? 49 Pepperdine Law Review 285 (2022) Congress set ambitious goals to protect public health and the environment when it enacted the federal environmental laws through bipartisan efforts in the 1970s. For many years, the federal courts interpreted the environmental laws to carry out those enacted purposes. Over time, however, courts greatly reduced their focus on the environmental and... 2022  
John A. Kolanz WHY COLORADO SHOULD EVALUATE CLEAN WATER ACT SECTION 404 PROGRAM ASSUMPTION 33 Colorado Environmental Law Journal 55 (Winter, 2022) C1-2Table of Contents Introduction. 56 I. Background. 57 II. Discussion. 59 A. Why Colorado Might Reach a Different Conclusion This Time Around. 59 1. Removal of Certain Barriers to State Section 404 Program Assumption. 59 a. The Assumable Waters Barrier. 60 b. The Endangered Species Act (ESA) Barrier. 65 c. The Program Administration Funding... 2022  
Anne MacKinnon WYOMING WATER LAW GIVES STATE KEY ROLE THROUGH CHANGING TIMES 45-JUN Wyoming Lawyer 42 (June, 2022) Most people interested in water in Wyoming know the name of Elwood Mead, who as a young engineer in the 1880s wrote the core of water law promoted as a model for other states at the time. Mead adopted the common Western principle of prior appropriation, first in time, first in right, that provides that the earliest rights can get water first. But... 2022  
Magdalena Filipiuk Gonzalez A BREATH OF FRESH AIR: USING THE CLEAN AIR ACT TO ELIMINATE AIR POLLUTION HOT SPOTS 12 George Washington Journal of Energy & Environmental Law 137 (Summer, 2021) The Clean Air Act governs air quality in the United States through a coordinated effort between the Environmental Protection Agency and the states. This Note focuses on the Clean Air Act's National Ambient Air Quality Standards provisions, through which the Environmental Protection Agency regulates the nation's air by setting air quality standards... 2021  
Will Breland ACRES OF DISTRUST: HEIRS PROPERTY, THE LAW'S ROLE IN SOWING SUSPICION AMONG AMERICANS AND HOW LAWYERS CAN HELP CURB Black LAND LOSS 28 Georgetown Journal on Poverty Law and Policy 377 (Spring, 2021) In the last century, Black landownership has declined by roughly 90 percent. One agricultural attorney remarked of the phenomenon, I think the threat to Black-owned land is one of the biggest social issues of our time. The passing observer might hypothesize that the hemorrhaging of Black lands occurred in the distant past because of Jim Crow laws... 2021  
Margaret L. Satterthwaite ASSESSING THE RIGHTS TO WATER AND SANITATION: BETWEEN INSTITUTIONALIZATION AND RADICALIZATION 52 Georgetown Journal of International Law 315 (Winter, 2021) In the past two decades, the human rights to water and sanitation have emerged, matured, and taken their place at the center of discussions about rights, sustainable development, global health, and climate change. While there was early hope that these rights--especially the right to water--would provide a strong basis for rejecting the... 2021  
Jessica Wakefield ATTAINING CRIMINAL LAW ENDS THROUGH ENVIRONMENTAL MEANS 11 Arizona Journal of Environmental Law & Policy 228 (Summer, 2021) The criminal justice system is inefficient, ineffective, and fraught with laws and policies disparately impacting people of color and low-income individuals. There is no singular solution to crime, and the current system does not go far enough. If we are to achieve the goals set out by the criminal justice system of enhancing public safety and... 2021  
Joseph P. Tomain BRIDGING TROUBLED WATER: CLEAN ENERGY 50 YEARS AFTER THE GREENING OF AMERICA 69 University of Kansas Law Review 713 (June, 2021) 2020 marked the fiftieth anniversary of The Greening of America by Yale law professor Charles Reich and allows for its reassessment. Did Reich accurately predict the development of a new consciousness for America? Reich argued that Consciousness I (Con I) dominated late eighteenth and early nineteenth century thinking and was best seen as an... 2021  
Maya K. van Rossum, Kacy C. Manahan CONSTITUTIONAL GREEN AMENDMENTS 36-FALL Natural Resources & Environment 27 (Fall, 2021) Imagine if you couldn't trust the water coming out of your faucets because it was tainted with dangerous levels of lead or cancer-causing chemicals. Imagine if the air quality was so poor in your neighborhood that you couldn't safely enjoy the outdoors without fear of an air pollution--induced heart attack or asthma attack. What if research showed... 2021  
Melissa Mitchell (Zeid) CRUEL, UNUSUAL, AND TOXIC: THE ENVIRONMENTAL IMPLICATIONS OF MASS INCARCERATION IN THE UNITED STATES 11 Arizona Journal of Environmental Law & Policy 267 (Summer, 2021) This note examines the environmental issues associated with mass incarceration. It will first discuss mass incarceration and environmental injustices generally. Then it will assert that, due to the increased demand for prison facilities, mass incarceration led to an era of building prisons on the cheapest, easiest to obtain sites: toxic waste sites... 2021  
Hannah Perls DECONSTRUCTING ENVIRONMENTAL DEREGULATION UNDER THE TRUMP ADMINISTRATION 45 Vermont Law Review 591 (Summer, 2021) Introduction. 592 I. Strategy 1: Undermine Agencies' Scientific and Expert Capacities. 593 A. Step 1: Block the Collection of Information Needed to Justify Forward-Looking Regulation. 594 B. Step 2: Undermine the Integrity of Scientific Expert Review Committees. 596 C. Step 3: Preclude EPA from Relying on Critical Public Health Studies. 602 II.... 2021  
James M. Grijalva ENDING THE INTERMINABLE GAP IN Indian COUNTRY WATER QUALITY PROTECTION 45 Harvard Environmental Law Review 1 (2021) Tribal self-determination in modern environmental law holds the tantalizing prospect of translating indigenous environmental value judgments into legally enforceable requirements of federal regulatory programs. Congress authorized this approach three decades ago, but few tribes have sought primacy even for foundational programs like Clean Water Act... 2021  
David E. Adelman , Jori Reilly-Diakun ENVIRONMENTAL CITIZEN SUITS AND THE INEQUITIES OF RACES TO THE TOP 92 University of Colorado Law Review 377 (Spring, 2021) Environmental citizen suits were founded on the belief that empowering organizations and individuals to take legal action would provide a backstop against lax federal or state programs. Working in conjunction with the system of cooperative federalism, citizen suits were designed to uphold minimum levels of environmental protection and to provide a... 2021  
Terry Ann Campbell ENVIRONMENTAL CONSTITUTIONALISM: MARRYING THE DUE PROCESS CLAUSE AND THE EQUAL PROTECTION CLAUSE WITH CLIMATE CHANGE 22 Vermont Journal of Environmental Law 103 (Spring, 2021) Introduction. 104 I. Background. 107 A. The U.S. is Yet to Recognize That Climate Change is a Global Issue That has Nefarious Effects on Human and Civil Rights. 108 B. Violating the Fifth and Fourteenth Amendments is Contrary to the Rule of Law. 109 C. Climate Change Imposes an Obligation to Protect Fundamental Rights. 111 D. The Juliana III Ruling... 2021  
Rebecca Bratspies, Vanessa Casado Perez, Robin Kundis Craig, Lissa Griffin, Keith Hirokawa, Sarah Krakoff, Katrina Kuh, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J.B. Ruhl, Erin Ryan, David Takacs ENVIRONMENTAL LAW, DISRUPTED BY COVID-19 51 Environmental Law Reporter (ELI) 10509 (June, 2021) For over a year, the COVID-19 pandemic and concerns about systemic racial injustice have highlighted the conflicts and opportunities currently faced by environmental law. Scientists uniformly predict that environmental degradation, notably climate change, will cause a rise in diseases, disproportionate suffering among communities already facing... 2021  
Kimberly L. Bick ENVIRONMENTAL PARITY AND OUTDOOR EQUITY 63-APR Orange County Lawyer 36 (April, 2021) This month we celebrate Earth Day, but Earth Day represents more than one day set aside to plant trees or pick up trash at the beach. It was founded after three-million gallons of crude oil spilled into the Pacific Ocean just off the coast of Santa Barbara, California, in 1969, creating an oil slick thirty-five miles long along California's coast... 2021  
Brandon I. Weinreb ESPORTS AND HARASSMENT: ANALYZING PLAYER PROTECTIONS IN A HOSTILE WORK ENVIRONMENT 57 California Western Law Review 473 (Spring, 2021) C1-2Table of Contents Introduction. 474 I. The Nature & Increasing Popularity of Esports. 476 A. What is Esports?. 476 B. The Rise of Esports. 478 II. Employment Status of Esports Players. 479 A. The Economic-Realities Test. 480 B. Esports Players Are Employees Under the Economic-Realities Test. 482 III. Title VII & the Hostile Nature of Online... 2021  
Martha F. Davis FREEDOM FROM THIRST: A RIGHT TO BASIC HOUSEHOLD WATER 42 Cardozo Law Review 879 (June, 2021) C1-2Table of Contents Introduction. 879 I. A Fifth Freedom?. 887 II. Finding the Human Right to Water. 894 III. The Constitutional Right to Water Around the World. 900 IV. Constitutional Rights to Basic Water under United States Law. 904 Conclusion. 910 2021  
Joerika Stitt GUN VIOLENCE AND DE FACTO SEGREGATION: COULD ENVIRONMENTAL DISCRIMINation BE FUELING CHICAGO'S SOARING GUN VIOLENCE? 11 Wake Forest Journal of Law and Policy 395 (2021) Shirley Chambers is a Chicago resident who has experienced the unimaginable: her four children, three sons and one daughter, were all shot and killed in Chicago's Lawndale neighborhood. After her first three children were murdered, Ms. Chambers recalled feeling sadder for her last remaining son more than she felt for herself. She reported, I... 2021  
Sascha Dov Bachmann , Ikechukwu P. Ugwu HARDIN'S 'TRAGEDY OF THE COMMONS': IndigenOUS PEOPLES' RIGHTS AND ENVIRONMENTAL PROTECTION: MOVING TOWARDS AN EMERGING NORM OF IndigenOUS RIGHTS PROTECTION? 6 One J: Oil and Gas, Natural Resources, and Energy Journal 547 (May, 2021) Most of the world's natural resources can be found on the territories of indigenous peoples. This puts indigenous peoples in a position where they are not only subjected to environmental hazards, as a result of the mining and exploitation of these resources, but are also denied the use and control of these resources. In addition, the proximity to... 2021  
Todd Anthony Walker HEALING RACISM'S WOUNDS: ON RACIAL RECKONING & OBAMA'S "A PROMISED LAND" 6 Columbia Human Rights Law Review Online 34 (November 11, 2021) Legal controversies surrounding race and racism have persisted in America from its inception, but not without intervention. Supreme Court decisions in Dred Scott, Plessy and Brown trace the Court's jurisprudential evolution while, legislatively, the passage of the post-civil rights Amendments, and, more recently, The Civil Rights Act of 1964,... 2021  
David B. Schorr HORIZONTAL AND VERTICAL INFLUENCES IN COLONIAL LEGAL TRANSPLANTATION: WATER BY-LAWS IN BRITISH PALESTINE 61 American Journal of Legal History 308 (September, 2021) Local by-laws were the primary tool for local governments in British-ruled Palestine to exercise their authority, and water was the paradigmatic subject for local legislation. Looking at the diffusion of legal norms in local by-laws in the 1930s and 1940s, the article examines the dynamics of lawmaking in a context characterized both by imperial... 2021  
Annie Petsonk HOW PROFESSOR STEWART HAS PROMOTED EQUITY, EFFECTIVENESS, AND TRANSPARENCY IN ENVIRONMENTAL LAW: A PRACTITIONER'S VIEW 29 New York University Environmental Law Journal 659 (2021) Introduction. 659 I. Promoting Equity and Effectiveness: Proof Positive in California. 660 II. Transparency: Proof Positive in International Administrative Law. 667 III. Concluding Remarks: A Personal Look-Back and Look-Ahead. 673 2021  
Travis D. Jones HUMANS LONG IGNORED: REVISITING NEPA'S DEFINITION OF "HUMAN ENVIRONMENT" IN THE ERA OF Black LIVES MATTER 32 Villanova Environmental Law Journal 1 (2021) In 2020, the Black Lives Matter movement brought state-sanctioned violence against African Americans to the forefront of public discourse. In the wake of the horrific killing of George Floyd, highly charged protests exploded around the country, from Washington D.C. to Dallas to Portland. Across the internet, social media timelines and profile... 2021  
Kenneth A. Stahl INCORPORATING TRANSPORTATION TOPICS INTO THE LAND USE CURRICULUM 106 Iowa Law Review 2451 (July, 2021) Land use and transportation are intricately linked. Transportation intersects with some of the most important issues covered in the land use law curriculum, including among others the wisdom of Euclidean zoning ordinances that mandate the segregation of uses, the advantages and disadvantages of ad hoc land use decision-making processes... 2021  
Aila Hoss IndianA'S Indian LAWS: IndigenOUS ERASURE AND RACISM IN THE LAND OF THE IndianS 30-SPG Kansas Journal of Law & Public Policy 184 (Spring, 2021) In response to a request for funding on Tribal and Indian law research, a director level position from Indiana University who reviewed a draft of the proposal stated that the author needed to clear why a team from the middle of Indiana is positioned to conduct this research and that it is her job to point out the obvious. In the author's... 2021  
Dr. Daniel Rietiker IndigenOUS PEOPLES' RIGHT TO WATER IN TIMES OF COVID-19: ASSESSMENT OF THE PROTECTION UNDER INTERNationAL LAW AND RECOMMENDATIONS FOR HUMAN RIGHTS LITIGATION 44 Suffolk Transnational Law Review 1 (Winter, 2021) While rivers flow through Navajo lands and are used to irrigate golf courses in Phoenix, the Navajo lack legal entitlement to that water and amidst the coronavirus crisis, cannot even get sufficient plumbing to wash their hands. Indigenous peoples have suffered and continue to suffer from human rights abuses more than the rest of the population.... 2021  
Cody Uyeda MOUNTAINS, TELESCOPES, AND BROKEN PROMISES: THE DIGNITY TAKING OF HAWAII'S CEDED LANDS 28 Asian American Law Journal 65 (2021) Introduction. 66 I. Why Native Hawaiian Dignity Restoration Matters Today. 67 A. Bettering Native Hawaiian Health. 67 B. Re-Righting Hawaiian History. 69 II. Hawaii's Annexation and Formation of the Ceded Lands. 70 A. Overthrow and Annexation. 70 B. Formation of Hawaii's Ceded Lands. 71 C. The Ceded Lands Dispute. 74 D. The Ceded Lands Today. 76... 2021  
Jesse Hevia NEPA AND GENTRIFICATION: USING FEDERAL ENVIRONMENTAL REVIEW TO COMBAT URBAN DISPLACEMENT 70 Emory Law Journal 711 (2021) Cities are embracing green spaces and environmental amenities. But as government and private investment surges into urban neighborhoods, residents of historically disinvested communities are evicted and displaced to make room for a wealthier--and often whiter--demographic. The National Environmental Policy Act requires federal agencies to prepare... 2021  
Matthew Woodward NOT APPROVED FOR HUMAN CONSUMPTION: A STUDY OF THE DENMARK WATER CRISIS, A CALL FOR REFORMING THE SDWA, AND A DEMAND FOR COMMUNITY LAWYERING IN RURAL AMERICA 45 William and Mary Environmental Law and Policy Review 881 (Spring, 2021) Over the past four decades, nine million Americans have ingested dangerous drinking water from a trusted source: their own taps. Each year, an estimated 16.4 million cases of acute gastroenteritis are linked to public drinking water. For many Americans, drinking water--perhaps the most important cornerstone of human health--has become cause for... 2021  
Anika Singh Lemar OVERPARTICIPATION: DESIGNING EFFECTIVE LAND USE PUBLIC PROCESSES 90 Fordham Law Review 1083 (December, 2021) There are more opportunities for public participation in the planning and zoning process today than there were in the decades immediately after states adopted the first zoning enabling acts. As a result, today, public participation, dominated by nearby residents, drives most land use planning and zoning decisions. Enhanced public participation... 2021  
Jennifer Black, Amanda Moreland, Montrece McNeill Ransom, Emely Sanchez PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES: USING LAW AND POLICY TO ADDRESS THESE ENVIRONMENTAL HEALTH HAZARDS IN THE UNITED STATES 31 Health Matrix: Journal of Law-Medicine 341 (2021) C1-2Contents Introduction. 342 I. Phase-Out Actions. 346 A. PFOA Stewardship Program. 347 B. TSCA. 348 C. Stockholm Convention. 350 II. Current Federal Approaches. 352 A. Safe Drinking Water Act. 352 B. EPA's Health Advisories. 355 C. ATSDR and CERCLA. 358 D. Congressional Actions. 361 III. Current State Approaches. 363 IV. Looking Forward. 366 2021  
Karen Engle , Lucas Lixinski QUILOMBO LAND RIGHTS, BRAZILIAN CONSTITUTIONALISM, AND RACIAL CAPITALISM 54 Vanderbilt Journal of Transnational Law 831 (October, 2021) The 1988 Brazilian Constitution, the first in a wave of new democratic and multicultural constitutions in Latin America, contains a transitory provision guaranteeing collective land rights to quilombo communities. These communities are composed of quilombolas, primarily descendants of formerly enslaved Africans, many of whom had escaped slavery. A... 2021  
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