David Takacs ENVIRONMENTAL DEMOCRACY AND FOREST CARBON (REDD+) 44 Environmental Law 71 (Winter 2014) Public funders and private investors are pouring billions of dollars into Reducing Emissions from Deforestation and forest Degradation (REDD+) in the developing world. In REDD+, investors pay people to preserve carbon in trees, and then sell credits based on the stored carbon to those who wish to offset their own greenhouse gas emissions. REDD+... 2014
David E. Adelman ENVIRONMENTAL FEDERALISM WHEN NUMBERS MATTER MORE THAN SIZE 32 UCLA Journal of Environmental Law & Policy 238 (2014) Two elements of the Clean Air Act are viewed as essential to its many successes: the health-based national ambient air quality standards (NAAQS), which restrict emissions of six widely released air pollutants, and the statute's hybrid form of cooperative federal-state regulation. This Article will show that these programs are far less important to... 2014
Daniel L. Millimet ENVIRONMENTAL FEDERALISM: A SURVEY OF THE EMPIRICAL LITERATURE 64 Case Western Reserve Law Review 1669 (Summer, 2014) Generally, the debate over environmental federalism strongly focuses on anecdotal evidence and intuition. Empirical facts have not been the focus of arguments concerning the optimal allocation of environmental authority. For example, the Tiebout model, which highlights the positive side of decentralization as jurisdictions efficiently compete for... 2014
Todd S. Aagaard ENVIRONMENTAL LAW OUTSIDE THE CANON 89 Indiana Law Journal 1239 (Summer, 2014) It is time to rethink the domination of environmental law by a canon of major federal statutes enacted in the 1970s. Environmental law is in a malaise. Despite widespread agreement that existing laws are inadequate to address current environmental problems, Congress has not passed a major environmental statute in more than twenty years. If it is to... 2014
Richard Lazarus ENVIRONMENTAL LAW WITHOUT CONGRESS 30 Journal of Land Use & Environmental Law 15 (Fall 2014) I. Congressional Environmental Lawmaking During The Nation's Formative Years. 16 II. Congressional Role in Environmental Lawmaking During The Second Half of The Twentieth Century. 21 III. Congress's Role-Or Lack Thereof-Since 1990. 27 IV. Conclusion. 33 2014
Jing Jin E-WASTE & THE REGULATORY COMMONS: A PROPOSAL FOR THE DECENTRALIZATION OF INTERNationAL ENVIRONMENTAL REGULATION 39 Brooklyn Journal of International Law 1251 (2014) In an isolated junkyard at the edges of Lagos, Nigeria, hundreds of laborers, including young children, pick apart remnants of discarded electronics to recover valuable minerals such as gold and copper. Unaware of the dangerous carcinogens and harmful chemicals that abound in the electronic waste (e-waste), these workers often burn the e-waste in... 2014
Elizabeth Ann Kronk Warner EXAMINING TribAL ENVIRONMENTAL LAW 39 Columbia Journal of Environmental Law 42 (2014) Introduction. 43 I. Catalysts for Tribal Environmental Law Development: Promoting Tribal Sovereignty and Responding to Emerging Environmental Concerns. 46 A. Tribal Sovereignty and Related Tribal Environmental Ethics. 46 B. Emerging Environmental Challenges: Adopting Environmental Protection Laws in Light of Natural Resource Development and Climate... 2014
Danielle M. Purifoy FOOD POLICY COUNCILS: INTEGRATING FOOD JUSTICE AND ENVIRONMENTAL JUSTICE 24 Duke Environmental Law and Policy Forum 375 (Spring, 2014) Beginning in 1982, food policy councils (FPCs) proliferated across North America as forums for democratic discourse and advocacy to develop sustainable food systems at the local, state, and regional levels. Challenging the industrialization of food production and distribution by corporate agribusiness, FPCs reflect the desire in many communities to... 2014
Tara B. Ratanun GENETICALLY MODIFIED ORGANISMS AND ENVIRONMENTAL JUSTICE: SHOULD LABELING BE MANDATORY ON PRODUCTS CONTAINING GENETICALLY ENGINEERED INGREDIENTS? 42 Western State Law Review 111 (Fall, 2014) I. Introduction. 111 II. So What Exactly Are Genetically Modified Organisms?. 112 A. Where Can Genetically Modified Organisms Be Found?. 113 III. The History of Genetically Modified Organism Regulations. 114 A. The Current United States Regulations. 115 1. The Food and Drug Administration. 116 2. The United States Department of Agriculture. 117 3.... 2014
Sean J. Wright GOOD FENCES MAKE GOOD NEIGHBORS: AN ENVIRONMENTAL JUSTICE FRAMEWORK TO PROTECT PROHIBITION BEYOND RESERVATION BORDERS 79 Brooklyn Law Review 1197 (Spring, 2014) My apple trees will never get across And eat the cones under his pines, I tell him. He only says, Good fences make good neighbors. - Robert Frost In Whiteclay, Nebraska, a desolate town of 10 people, four rickety shacks line the main road. On average, 13,000 cans of beer and bottles of malt liquor are sold per day from these shacks. The closest... 2014
Jeanne Marie Zokovitch Paben GREEN POWER & ENVIRONMENTAL JUSTICE-DOES GREEN DISCRIMINATE? 46 Texas Tech Law Review 1067 (Summer, 2014) I. Environmental Justice Themes. 1070 II. Environmental Justice Themes in Energy Production. 1077 A. Hydroelectric. 1082 B. Coal. 1082 C. Oil & Gasoline (Petroleum). 1084 D. Natural Gas. 1085 E. Nuclear. 1086 III. The Rise of the Green Power Movement & Its Environmental Justice Impacts. 1088 A. Wind. 1093 B. Solar. 1094 C. Biomass. 1095 D.... 2014
Anne Bellows HOLDING LOCAL GOVERNMENTS ACCOUNTABLE FOR ENVIRONMENTAL DISCRIMINation: THE PROMISE OF CALIFORNIA GOVERNMENT CODE § 65008 41 Ecology Law Quarterly 1 (2014) Local governments play a crucial role in distributing environmental harms and benefits--and all too often, they disproportionately impose environmental burdens on low-income neighborhoods and neighborhoods of color. The concentration of toxic uses and environmental risks in these communities poses a serious threat to residents' health and safety.... 2014
Mfon Etukeren HYDROFRACKING AND ENVIRONMENTAL JUSTICE: A PROPOSAL TO LOWER THE THRESHOLD FOR EVIDENCE OF DISCRIMINATORY IMPACT IN TITLE VI COMPLAINTS 4 Seattle Journal of Environmental Law 51 (2014) L1-2Table of Contents I. Introduction. 52 II. How Hydrofracking Affects Environmental Justice Communities. 55 A. Environmental Hazards of the Hydrofracking Process. 55 B. The History of the Environmental Justice Movement. 60 C. EPA's Role in Addressing Hydrofracking in Environmental Justice Communities. 63 III. Utilizing Title VI to Address EJ... 2014
Amy Cordalis , Daniel Cordalis Indian WATER RIGHTS: HOW ARIZONA v. CALIFORNIA LEFT AN UNWANTED CLOUD OVER THE COLORADO RIVER BASIN 5 Arizona Journal of Environmental Law & Policy 333 (Fall, 2014) The Colorado River is one of the most important rivers in the world. The river's 1,400-mile journey from the Rocky Mountains to the Sea of Cortez takes on waters from seven states and from the reservations of twenty-eight Indian tribes along the way, 244,000 square miles of river basin in all. The Colorado River is also heavily managed: Its waters... 2014
Richard Gutierrez INTERNationAL ENVIRONMENTAL JUSTICE ON HOLD: REVISITING THE BASEL BAN FROM A PHILIPPINE PERSPECTIVE 24 Duke Environmental Law and Policy Forum 399 (Spring, 2014) Nineteen years after the Basel Ban was adopted it still has not garnered the necessary ratifications to enter into force. This article aims to revisit the Basel Ban and understand it from the perspective of a developing country, particularly the Philippines, and draw out possible obstacles it faces in ratifying this instrument of international... 2014
Megan Dooly INTERNationAL LAND GRABBING: HOW IOWA ANTI-CORPORATE FARMING AND ALIEN LANDOWNER LAWS, AS A MODEL, CAN DECREASE THE PRACTICE IN DEVELOPING COUNTRIES 19 Drake Journal of Agricultural Law 305 (Fall 2014) I. Introduction. 306 II. The Basics of Land Grabbing. 307 A. Definition of Land Grabbing. 308 B. History of Land Grabbing. 310 1. In the United States. 310 2. Internationally. 313 C. Contextual Framework that Facilitates Land Grabbing. 314 D. Examples of Land Grabbing. 315 1. Private Companies as Land Buyer - North Sudan. 315 2. Governments as Land... 2014
Hayley Carpenter MICCOSUKEE V. UNITED STATES: THE CONTINUING UNWIELDINESS OF EQUAL PROTECTION IN ENVIRONMENTAL JUSTICE 41 Ecology Law Quarterly 597 (2014) On May 15, 2013 the Eleventh Circuit held in Miccosukee Tribe of Indians v. United States that the Army Corps of Engineers' alleged flooding of the plaintiff tribe's trust and lease lands was not a violation of equal protection, due process, or the relevant lease agreement and trustee deed. Rather than address the substance of the tribe's claims,... 2014
Jessica Scott MOVE, OR WAIT FOR THE FLOOD AND DIE: PROTECTION OF ENVIRONMENTALLY DISPLACED POPULATIONS THROUGH A NEW RELOCATION LAW 9 Florida A & M University Law Review 369 (Spring, 2014) If we're still here in 10 years time we either wait for the flood and die, or just walk away and go someplace else. Colleen Swan, Kivalina Council Leader Introduction. 369 I. The Problem: Environmental Displacement. 371 II. Case Study: Kivalina. 375 III. Some Proposed International Solutions and Their Likelihood of Success. 377 IV. A Domestic... 2014
Dr. Ranee Khooshie Lal Panjabi NOT A DROP TO SPARE: THE GLOBAL WATER CRISIS OF THE TWENTY-FIRST CENTURY 42 Georgia Journal of International and Comparative Law 277 (2014) I. Introduction. 279 II. Water Pollution. 288 III. Water-Related Diseases. 297 IV. The Many Sources of Water. 301 V. Water Scarcity. 307 VI. Inequity in Availability of the Resource. 318 VII. Climate Change. 320 VIII. Water Transportation. 324 IX. Water Usage. 325 X. Biofuels. 328 XI. Irrigation in the Future. 331 XII. Inequitable Usage of Water.... 2014
Anthony V. Alfieri PATERNALISTIC INTERVENTIONS IN CIVIL RIGHTS AND POVERTY LAW: A CASE STUDY OF ENVIRONMENTAL JUSTICE 112 Michigan Law Review 1157 (April, 2014) Against Autonomy: Justifying Coercive Paternalism. By Sarah Conly. New York: Cambridge University Press. 2013. Pp. viii, 194. Cloth, $95; paper, $32.99. Low-income communities of color in Miami and in cities across the nation both share aspirations of equal justice and democratic participation and suffer the burdens of legal underrepresentation and... 2014
David Takacs PROTECTING YOUR ENVIRONMENT, EXACERBATING INJUSTICE: AVOIDING "MANDATE HAVENS" 24 Duke Environmental Law and Policy Forum 315 (Spring, 2014) The story in the Business Day section of the New York Times begins, somewhat breathlessly: San Diego - In an unmarked greenhouse, leafy bushes carpet an acre of land here tucked into the suburban sprawl of Southern California. The seeds of the inedible, drought-resistant plants, called jatropha, produce a prize: high quality oil that can be... 2014
Josephine M. Balzac PUBLIC ENGAGEMENT "REACH IN, REACH OUT": PURSUING ENVIRONMENTAL JUSTICE BY EMPOWERING COMMUNITIES TO MEANINGFULLY PARTICIPATE IN THE DECISION-MAKING PROCESSES OF BROWNFIELDS REDEVELOPMENT AND SUPERFUND CLEANUPS 9 Florida A & M University Law Review 347 (Spring, 2014) Introduction. 348 I. Environmental Justice Movement. 351 A. Environmental Justice and the Environmental Protection Agency. 352 B. National Environmental Justice Advisory Council. 352 II. CERCLA: Superfunds and Brownfields. 353 A. Superfund. 354 B. Brownfields. 355 III. Potential Adverse Consequences in Superfund Cleanups and Brownfields... 2014
Virginia C. Thomas , William W. LeFevre RESEARCHING ENVIRONMENTAL JUSTICE 93-SEP Michigan Bar Journal 56 (September, 2014) The U.S. Environmental Protection Agency 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, implementation, and enforcement of environmental laws, regulations, and policies. The concerns that arise in this complex... 2014
Michael B. Jones , Peter J. Jacques RESPONDING TO ENVIRONMENTAL INJUSTICE: THE CIVIL RIGHTS ACT AND AMERICAN FEDERAL INSTITUTIONAL AND SYSTEMIC BARRIERS TO PRIVATE REDRESS OF DISPARATE ENVIRONMENTAL HARM 9 Florida A & M University Law Review 417 (Spring, 2014) This article discusses the use of private action in federal institutions for relief from disparate racial impacts. The courts have eliminated consideration of § 602 disparate impact regulations as the basis for a private right of action challenging environmental harms. Legislative action seems unlikely in this era of gridlock and partisan... 2014
Michael A. Livermore , Richard L. Revesz RETHINKING HEALTH-BASED ENVIRONMENTAL STANDARDS 89 New York University Law Review 1184 (October, 2014) Under the Clean Air Act, the U.S. Environmental Protection Agency (EPA) is required to determine the stringency of the National Ambient Air Quality Standards (NAAQS), arguably the most important federal environmental program, without considering the costs of achieving these standards. Instead, it must rely exclusively on health-related criteria.... 2014
Henry N. Butler , Nathaniel J. Harris SUE, SETTLE, AND SHUT OUT THE STATES: DESTROYING THE ENVIRONMENTAL BENEFITS OF COOPERATIVE FEDERALISM 37 Harvard Journal of Law & Public Policy 579 (Spring, 2014) Introduction. 580 I. The Background and Legal Standard for Sue-and-Settle Consent Orders. 587 A. General Consent Decree Doctrine. 588 B. Consent Decree Procedure for Government Entities. 590 C. Intervention Under Rule 24 and Joinder Under Rules 19 and 21. 592 D. Modification. 596 II. The Effect of Sue-and-Settle on Environmental Policy. 598 A.... 2014
Tonya Lewis , Jessica Owley SYMBOLIC POLITICS FOR DISEMPOWERED COMMUNITIES: STATE ENVIRONMENTAL JUSTICE POLICIES 29 BYU Journal of Public Law 183 (2014) When Samara Swanston was growing up in the Corona and East Elmhurst neighborhoods of Queens, New York, she played in vacant lots and small wetlands containing turtles, frogs, salamanders, and tent caterpillar nests in the trees. Decades later, the vacant lots that once served as playgrounds for jovial children had come to serve as local dumps for... 2014
Jacquelyn A. Thomas THE FAILURE AND FUTURE OF LAKE OKEECHOBEE WATER RELEASES: A QUASI-GOVERNMENTAL SOLUTION 42 Florida State University Law Review 285 (Fall, 2014) I. Introduction. 285 II. The History and Current Regime Surrounding the Lake Okeechobee Basin. 287 A. How Did We Get Here?. 287 B. The Senate Select Committee on Indian River Lagoon and Lake Okeechobee Basin. 290 III. Jurisdiction over Navigable Waterways. 291 A. The Case Law Defining Navigability. 292 B. The Clean Water Act. 294 IV. Federalism and... 2014
Hari M. Osofsky THE GEOGRAPHY OF SOLVING GLOBAL ENVIRONMENTAL PROBLEMS: REFLECTIONS ON POLYCENTRIC EFFORTS TO ADDRESS CLIMATE CHANGE 58 New York Law School Law Review 777 (2013/2014) In approaching the symposium topic of solving global environmental problems, I faced three dilemmas regarding the problem--climate change--that has occupied much of my time over the past several years. First, I do not regard it as global. While certainly climate change has global dimensions, which makes attempts to solve it through... 2014
Ernest F. Lidge III THE NECESSITY OF EXPANDING PROTECTION FROM RETALIATION FOR EMPLOYEES WHO COMPLAIN ABOUT HOSTILE ENVIRONMENT HARASSMENT 53 University of Louisville Law Review 39 (2014) Our nation's employment discrimination laws contain an inherent contradiction. The law imposes a greater duty on employees to complain when they have suffered from a discriminatory hostile environment than when they have been subjected to a discriminatory tangible employment action. However, the anti-retaliation laws, as a practical matter, provide... 2014
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