Rebecca M. Bratspies HUMAN RIGHTS AND ENVIRONMENTAL REGULATION 19 New York University Environmental Law Journal 225 (2012) We can't manage effectively without trust. --Jane Lubchenko, NOAA Administrator, 2010 Because environmental regulators exercise vast discretion against a background of scientific uncertainty, the background assumptions they use to guide their decisionmaking are particularly influential. This article suggests that were federal regulators to view... 2012
Evan Barret Smith IMPLEMENTING ENVIRONMENTAL JUSTICE IN APPALACHIA: THE SOCIAL AND CULTURAL CONTEXT OF MOUNTAINTOP REMOVAL MINING AS SEEN THROUGH THE LENSES OF LAW AND DOCUMENTARIES 4 William & Mary Policy Review 170 (Fall, 2012) Mountaintop removal is a form of mining that has major effects on the ecology and people of central Appalachia. The practice has gained increased attention from the U.S. Environmental Protection Agency (EPA) and popular cultural sources as an environmental justice issue. Recent decisions by the EPA incorporate an environmental justice analysis as... 2012
Dr. Derek Fincham JUSTICE AND THE CULTURAL HERITAGE MOVEMENT: USING ENVIRONMENTAL JUSTICE TO APPRAISE ART AND ANTIQUITIES DISPUTES 20 Virginia Journal of Social Policy and the Law 43 (Fall 2012) What does justice require? This paper aims to spark a conversation about the role of justice in art and antiquities disputes by introducing the concept of cultural justice. Borrowing from a principle known as environmental justice, cultural justice allows the application of critical scrutiny to the law and norms that govern cultural heritage. The... 2012
William Boyd , Douglas A. Kysar , Jeffrey J. Rachlinski LAW, ENVIRONMENT, AND THE "NONDISMAL" SOCIAL SCIENCES 8 Annual Review of Law and Social Science 183 (2012) law and psychology, science and technology studies, global governance, risk regulation Over the past 30 years, the influence of economics over the study of environmental law and policy has expanded considerably, becoming in the process the predominant framework for analyzing regulations that address pollution, natural resource use, and other... 2012
Lisa Vanhala LEGAL OPPORTUNITY STRUCTURES AND THE PARADOX OF LEGAL MOBILIZATION BY THE ENVIRONMENTAL MOVEMENT IN THE UK 46 Law and Society Review 523 (September, 2012) This article examines the strategic legal activity of the environmental movement in the United Kingdom over the past twenty years. Environmental non-governmental organizations (NGOs) have increasingly turned to the courts in pursuit of their policy goals, despite significant losses on substantive legal issues, difficulties gaining standing and high... 2012
Jeannine Cahill-Jackson MOSSVILLE ENVIRONMENTAL ACTION NOW v. UNITED STATES: IS A SOLUTION TO ENVIRONMENTAL INJUSTICE UNFOLDING? 3 No. 6 Pace International Law Review Online Companion 173 (May, 2012) Surrounded by an army of hazardous industrial facilities, the residents of the small town of Mossville, Louisiana try to hold onto their lives and their homes, where many of their families have lived for over a century, despite an onslaught of pollution. There are people [who] are getting sick; there are people who are dying because of what is... 2012
William L. Andreen OF FABLES AND FEDERALISM: A RE-EXAMINation OF THE HISTORICAL RATIONALE FOR FEDERAL ENVIRONMENTAL REGULATION 42 Environmental Law 627 (Summer 2012) This Article responds to recent scholarship questioning the need for environmental statutes that place primary responsibility for regulation in the hands of the federal government. These claims are based, in part, upon assertions that state and local governments had made great progress on a number of pollution fronts before the major federal... 2012
Benjamin A. Kahn SEPARATE AND UNEQUAL: ENVIRONMENTAL REGULATORY MANAGEMENT ON Indian RESERVATIONS 35-SPG Environs Environmental Law and Policy Journal 203 (Spring 2012) I. Introduction. 205 II. Statutory Obligations: The Federal Government Must Treat Tribes Like States. 206 A. Safe Drinking Water Act. 206 B. Clean Water Act. 207 C. Clean Air Act. 208 D. Federal Insecticide, Fungicide, and Rodenticide Act. 209 E. Solid Waste Disposal Act (the Resource Conservation and Recovery Act). 209 III. Fiduciary Obligations:... 2012
Chelsea M. Keeton SHARING SUSTAINABILITY: PREVENTING INTERNationAL ENVIRONMENTAL INJUSTICE IN AN AGE OF REGULATION 48 Houston Law Review 1167 (Winter 2012) I. Introduction. 1168 II. The Pollution-Haven Hypothesis and the Advent of the U.S. Environmental Movement. 1171 A. The Pollution-Haven Hypothesis and Its Controversy. 1171 B. The Modern Environmental Movement in the United States. 1173 C. Evidence Surrounding the Hypothesis. 1176 D. The Other Side of the Pollution-Haven Hypothesis: Toxic Waste... 2012
Louis J. Kotzé , Rebecca Bates SIMILAR BUT DIFFERENT: COMPARATIVE PERSPECTIVES ON ACCESS TO WATER IN AUSTRALIA AND SOUTH AFRICA 15 University of Denver Water Law Review 221 (Spring 2012) I. Introduction. 222 II. Grounding the Comparative Approach. 223 III. Focus, Key Terminology, and Assumptions. 226 IV. Environmental and Hydro-political Contexts. 228 A. South Africa. 228 B. Australia. 232 V. The Regulatory Frameworks. 235 A. South Africa. 235 1. Policy Framework. 235 2. Constitutional Provisions. 236 3. Statutory Framework. 239 4.... 2012
Joseph Lam SPURRING ON ENVIRONMENTAL JUSTICE THROUGH CAP AND TRADE 2 Chicago-Kent Journal of Environmental and Energy Law 1 (2011-2012) As proposed cap and trade programs for greenhouse gases gain political traction because of their averred market-based efficiencies, many environmental justice advocates have expressed concern about localized effects from cap and trade hot spots. The Article analyzes the conflicts between market-based pollution trading systems, i.e., cap and trade... 2012
Lincoln L. Davies STATE RENEWABLE PORTFOLIO STANDARDS: IS THERE A "RACE" AND IS IT "TO THE TOP"? 3 San Diego Journal of Climate & Energy Law 3 (2011-2012) I. Introduction. 4 II. Renewable Portfolio Standards. 10 A. The RPS. 13 B. RPS Design. 16 C. RPS Goals. 20 III. Regulatory Races. 24 A. Defining Regulatory Races. 24 B. Races to the Bottom. 30 C. Races to the Top. 38 IV. Conceptualizing RPS Races. 42 A. An Image. 43 B. A Mirror Image?. 44 V. Measuring RPS Races. 49 A. The Evidence. 50 B. Weighing... 2012
John C. Dernbach , Patricia E. Salkin , Donald A. Brown SUSTAINABILITY AS A MEANS OF IMPROVING ENVIRONMENTAL JUSTICE 19 Journal of Environmental and Sustainability Law 1 (Summer, 2012) I. The Environmental Justice Foundation of Sustainable Development. 5 L1 A. Environmental Degradation Adversely Affects Human Well-Being. L25 B. Two Responses. 11 1. Sustainable Development. 11 2. Environmental Justice. 14 C. Sustainable Development as a Helpful Way of Framing Environmental Justice Issues. 17 II. How Sustainability Can Improve U.S.... 2012
Alex Geisinger THE BENEFITS OF DEVELOPMENT AND ENVIRONMENTAL INJUSTICE 37 Columbia Journal of Environmental Law 177 (2012) Introduction. 178 I. Environmental Injustice and Its Regulation. 180 A. Environmental Injustice and Its Causes. 180 B. Regulation of Environmental Injustice. 184 1. Non Civil-Rights-Based Federal Regulation. 184 2. Civil Rights Law. 187 a. Title VI Regulation. 187 b. Private Rights of Action. 189 II. The Development Myth and Its Implications. 191... 2012
Daniel A. Farber THE BP BLOWOUT AND THE SOCIAL AND ENVIRONMENTAL EROSION OF THE LOUISIANA COAST 13 Minnesota Journal of Law, Science & Technology 37 (Winter 2012) There, shockingly, along the grassy bayou bank, I can now make out a dozen or so old tombs, all in different stages of submersion, tumbling brick by brick into the bayou water . . . . The bayou is swallowing the dead here. This quote comes from a book, whose subtitle says it all: The Rich Life and Tragic Death of Louisiana's Cajun Coast. The... 2012
Nicholas A. Fromherz THE CASE FOR A GLOBAL TREATY ON SOIL CONSERVATION, SUSTAINABLE FARMING, AND THE PRESERVATION OF AGRARIAN CULTURE 39 Ecology Law Quarterly 57 (2012) Soil is the foundation of life, yet the international community has all but ignored it in conservation efforts and legal reforms. Right under our feet we are losing topsoil at rates that far outpace nature's ability to keep up. Erosion, salinization, desertification, nutrient depletion, contamination-- these and other threats have conspired to take... 2012
Tom I. Romero, II J.D., PH.D. THE COLOR OF WATER: OBSERVATIONS OF A BROWN BUFFALO ON WATER LAW AND POLICY IN TEN STANZAS 15 University of Denver Water Law Review 329 (Spring 2012) Prologue: The Brown Buffalo Awakens. 330 I. Stanza I. 335 II. Stanzas II and III. 339 III. Stanzas IV and V. 348 IV. Stanzas VI and VII. 354 V. Stanzas VIII and IX. 360 VI. Stanza X. 362 Conclusion: The Brown Buffalo Blue. 366 2012
Joan D. Flocks THE ENVIRONMENTAL AND SOCIAL INJUSTICE OF FARMWORKER PESTICIDE EXPOSURE 19 Georgetown Journal on Poverty Law and Policy 255 (Spring, 2012) Farmworkers in the United States are recognized as an environmental justice community. The farmworker population is low-income and primarily Hispanic, and is at a disproportionate risk from exposure to an environmental contaminant--pesticides. Farmworkers face distributional, procedural, corrective, and social challenges with this exposure, as is... 2012
Hari M. Osofsky, University of Minnesota Law School THE OXFORD HANDBOOK OF INTERNationAL ENVIRONMENTAL LAW. EDITED BY DANIEL BODANSKY, JUTTA BRUNNÉE, AND ELLEN HEY. OXFORD, NEW YORK: OXFORD UNIVERSITY PRESS, 2007. PP. XXVIII, 1080. INDEX. $225, £99, CLOTH; $98.50, £44, PAPER 106 American Journal of International Law 715 (July, 2012) The Oxford Handbook of International Environmental Law, edited by Daniel Bodansky, Jutta Brunnée, and Ellen Hey, makes an important contribution to conceptualizing international environmental law as a distinct field and to exploring its contours. The book's editors are leading international law scholars with substantial backgrounds on the topic:... 2012
April Hendricks Killcreas THE POWER OF COMMUNITY ACTION: ENVIRONMENTAL INJUSTICE AND PARTICIPATORY DEMOCRACY IN MISSISSIPPI 81 Mississippi Law Journal 769 (2012) L1-2Introduction . R3769. I. From Environmental Racism to Environmental Justice. 773 II. The Road to Environmental Justice: The Early Movement. 778 III. Environmental Injustice in Mississippi. 782 A. Turkey Creek--Harrison County, Mississippi. 782 B. Eastmoor Estates--Moorhead, Mississippi. 787 IV. Remedying the Injustice. 791 A. Legislative... 2012
David W. Case THE ROLE OF INFORMATION IN ENVIRONMENTAL JUSTICE 81 Mississippi Law Journal 701 (2012) L1-2Introduction . R3701. I. Federal Environmental Justice Policy. 706 II. Federal Policy on Information and Environmental Justice. 718 III. Environmental Justice Information: Tools and Sources. 724 A. EPA's Environmental Justice Strategic Enforcement Assessment Tool (EJSEAT). 725 B. EPA's EJView. 729 C. EPA's Community Cumulative Assessment Tool... 2012
Alexander Kazazis THE WESTERN CLIMATE INITIATIVE: THE FATE OF AN EXPERIMENT IN SUBNationAL CROSS-BORDER ENVIRONMENTAL COLLABORATION 37 Brooklyn Journal of International Law 1177 (2012) The atmospheric concentrations of greenhouse gases--chiefly carbon dioxide, methane, and nitrous oxide--are rising due to human activity. As their concentrations increase, the gases trap more solar heat, causing a gradual warming of the earth's climate system. Absent a change in policy, experts project that greenhouse gas (GHG) emissions will... 2012
Hallie L. Shipley THE WTI INCINERATOR: THE RCRA CITIZEN SUIT AND THE EMERGENCE OF ENVIRONMENTAL HUMAN RIGHTS 2 Global Business Law Review 193 (Spring, 2012) The WTI Incinerator currently operates in East Liverpool, Ohio, burning toxic waste despite a district court ruling that held it posed an imminent and substantial risk to both human health and the environment. Unfortunately for the Ohio plaintiffs, the Circuit Court of Appeals in this case misinterpreted the RCRA Citizen suit provision, barring any... 2012
Kathleen Bonner TOXINS TARGETED AT MINORITIES: THE RACIST UNDERTONES OF "ENVIRONMENTALLY-FRIENDLY" INITIATIVES 23 Villanova Environmental Law Journal 89 (2012) In the small, suburban, working-class town of Kennedy Heights, Texas, hundreds of individuals complain of rashes, headaches, and a water supply contaminated with oil and toxins. More serious health issues also plague these unsuspecting residents, such as cancerous brain tumors, cancer, lupus, birth defects, menstrual problems, and even death. As... 2012
Cameron Jefferies UNCONVENTIONAL BRIDGES OVER TROUBLED WATER - LESSONS TO BE LEARNED FROM THE CANADIAN OIL SANDS AS THE UNITED STATES MOVES TO DEVELOP THE NATURAL GAS OF THE MARCELLUS SHALE PLAY 33 Energy Law Journal 75 (2012) I. Introduction. 76 II. The Emergence of Unconventional Fossil Fuel Sources. 78 A. Present Reliance on Fossil Fuel Energy and Forecasted Energy Needs. 78 B. Energy Security and Self-Sufficiency. 80 C. Interaction with Water Resources. 81 III. Understanding Unconventional Fuels. 82 A. The Canadian Oil Sands. 82 1. What Are the Oil Sands and How Are... 2012
Marcy Nicks Moody WARNING: MAY CAUSE WARMING 65 Vanderbilt Law Review 1401 (October, 2012) I. Supermarket Semantics. 1402 II. The Architecture of Global Trade. 1404 A. A Brief History of the WTO. 1404 B. Gaps in Trade Governance: The Case of the Environment. 1411 C. The Gap Fillers: Private Environmental Governance. 1414 III. Edges of the Architecture: WTO's Jurisdictional Analysis. 1416 A. Basis of the Dispute. 1416 1. Violations,... 2012
Raina Wagner ADAPTING ENVIRONMENTAL JUSTICE: IN THE AGE OF CLIMATE CHANGE, ENVIRONMENTAL JUSTICE DEMANDS A COMBINED ADAPTATION-MITIGATION RESPONSE 2 Arizona Journal of Environmental Law & Policy 153 (2011) The Environmental Justice Movement of the late twentieth century had a lofty goal: to protect poor and minority communities from being adversely affected by environmental harms such as toxic waste dumps and polluted waters. Many agree that today's greatest environmental danger is climate change, a worldwide problem with intensely local impacts; and... 2011
Shannon M. Roesler ADDRESSING ENVIRONMENTAL INJUSTICES: A CAPABILITY APPROACH TO RULEMAKING 114 West Virginia Law Review 49 (Fall, 2011) I. Introduction. 50 II. Defining the Justice in Environmental Justice: Theoretical Foundations. 54 A. The Distribution of Environmental Bads and Goods: Empirical Evidence. 56 B. Theorizing Fair Distribution. 59 1. The Background Conditions for Application of the Difference Principle. 62 2. Primary Goods: Is This All We Need to Know?. 67 C. The... 2011
Carmen G. Gonzalez AN ENVIRONMENTAL JUSTICE CRITIQUE OF COMPARATIVE ADVANTAGE: IndigenOUS PEOPLES, TRADE POLICY, AND THE MEXICAN NEOLIBERAL ECONOMIC REFORMS 32 University of Pennsylvania Journal of International Law 723 (Spring 2011) 1. Introduction. 724 2. Environmental Justice and Trade Agreements. 727 3. The Theory of Comparative Advantage: An Introduction. 736 4. Case Study: The Mexican Neoliberal Economic Reforms. 740 4.1. The Significance of the Corn Sector in Mexico and the United States. 741 4.2. Background to the Mexican Neoliberal Economic Reforms. 745 4.3. NAFTA,... 2011
Jeanne Marie Zokovitch Paben APPROACHES TO ENVIRONMENTAL JUSTICE: A CASE STUDY OF ONE COMMUNITY'S VICTORY 20 Southern California Review of Law & Social Justice 235 (Spring 2011) Environmental law encompasses many different areas. One aspect of environmental law is environmental justice. The United States Environmental Protection Agency (EPA) defines environmental justice as the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development,... 2011
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