Deborah Behles FROM DIRTY TO GREEN: INCREASING ENERGY EFFICIENCY AND RENEWABLE ENERGY IN ENVIRONMENTAL JUSTICE COMMUNITIES 58 Villanova Law Review 25 (2013) THE stifling summer heat that raged across the nation was difficult for everyone, but one group had a more difficult time than others--those who could not afford to cool their homes. Disparities like these will likely only get worse. Poor communities of color that are already vulnerable and disproportionately impacted by pollution will shoulder a... 2013
Haydn Davies , Birmingham City University, UK From Equal Protection to Private Law: What Future for Environmental Justice in U.S. Courts? 2 British Journal of American Legal Studies 163 (Spring, 2013) The American instinct to cast controversies into a legal forum has been an American characteristic at least since Alexis de Tocqueville observed in 1835, Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question. This essay discusses the past and future of the environmental justice... 2013
Donna S. Salcedo HAWAIIAN LAND DISPUTES: HOW THE UNCERTAINTY OF THE NATIVE HAWAIIAN IndigenOUS TribAL STATUS EXACERBATES THE NEED FOR MEDIATION 14 Cardozo Journal of Conflict Resolution 557 (Winter 2013) Many people see the Hawaiian Islands as a paradise in the Pacific Ocean. However, most are unaware that history has left an unpleasant and permanent scar on the original inhabitants of the islands, the Native Hawaiians. It is often forgotten that the islands were once ruled by its monarchy. In fact, the Hawaiian Kingdom was not overthrown until... 2013
Derrick Howard HYDRAULIC FRACTURING IN THE APPALACHIAN BASIN: INCORPORATING ENVIRONMENTAL JUSTICE TO REGULATE NATURAL RESOURCE EXPLORATION 7 Appalachian Natural Resources Law Journal 113 (2011-2013) 113 Introduction. 114 Mining's Impact on the Environment and Health of Appalachian Basin Residents. 122 The Benefits and Banes of Fracking in the Appalachian Basin. 126 Historic Constraints to Regulating Fracking. 138 A. Consistent Leadership Needed. 139 B. Increased Disclosure Needed. 142 C. Litigation Is Cumbersome and Increases a... 2013
Inessa Abayev HYDRAULIC FRACTURING WASTEWATER: MAKING THE CASE FOR TREATING THE ENVIRONMENTALLY CONDEMNED 24 Fordham Environmental Law Review 275 (2012-2013) The ever-expanding search for domestic energy supplies in the form of natural gas has fueled a stream of concerns about our greatest natural resource: water. That search has led to the proliferation of hydraulic fracturing, or hydrofracking for short, a rapidly growing method of natural gas extraction in many parts of the country that has... 2013
Jacinta Ruru IndigenOUS RESTITUTION IN SETTLING WATER CLAIMS: THE DEVELOPING CULTURAL AND COMMERCIAL REDRESS OPPORTUNITIES IN AOTEAROA, NEW ZEALAND 22 Pacific Rim Law & Policy Journal 311 (March, 2013) Water is important to all peoples, including indigenous peoples. In recent years, the government in Aotearoa, New Zealand has utilized various cultural redress-type legal mechanisms to recognize and revive the importance of water to the Maori people's identity, health, and wellbeing. These mechanisms create revolutionary modern... 2013
Heather A. Culp LAND ETHIC UNDER ATTACK: KEYSTONE XL AND THE WAR OVER DOMESTIC S(OIL) 3 Barry University Environmental and Earth Law Journal 126 (2013) The Keystone XL pipeline has caused recent controversy and renewed the debate over the future of fossil fuels in the United States. The project pits largely conservative groups, who argue that the pipeline will create jobs and decrease America's dependence on foreign oil, against environmental advocates, indigenous tribes, and private landowners,... 2013
Stephen Clowney LANDSCAPE FAIRNESS: REMOVING DISCRIMINation FROM THE BUILT ENVIRONMENT 2013 Utah Law Review 1 (2013) At its core, this Article argues that the everyday landscape is one of the most overlooked instruments of modern race-making. Drawing on evidence from geography and sociology, the Article begins by demonstrating that the built environment inscribes selective and misleading versions of the past in solid, material forms. These narratives--told... 2013
Jared Wigginton LARGE-SCALE LAND INVESTMENT IN AFRICA: AN ISSUE OF SELF-HELP AND SELF-DETERMINation 20 U.C. Davis Journal of International Law and Policy 105 (Fall 2013) This paper addresses the environmental and human rights implications arising from the global land rush in developing countries in Africa. It acknowledges both the potential benefits and costs of these large-scale land deals, and then analyzes the international community's current response: The Voluntary Guidelines on the Responsible Governance of... 2013
Mike Ewall, Esq. LEGAL TOOLS FOR ENVIRONMENTAL EQUITY vs. ENVIRONMENTAL JUSTICE 13 Sustainable Development Law & Policy 4 (2012-2013) In 1982, when Benjamin Chavis coined the term environmental racism to describe the targeting of a black community in Warren County, North Carolina for a toxic waste dump, it brought together two powerful movements - the civil rights and environmental movements - into a growing force that would eventually reach the White House and the United... 2013
Adam Wallwork LEGISLatinG THE FREE EXERCISE CLAUSE: CONGRESSIONAL POWER AND THE RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT OF 2000 5 Faulkner Law Review 1 (Fall, 2013) This Article evaluates Congress' constitutional authority to resurrect the compelling state interest test in the context of local zoning and landmark ordinances that impose a substantial burden on religious exercise. It analyzes the constitutionality of the three land use provisions of the Religious Land Use and Institutionalized Persons Act of... 2013
Dave Owen MAPPING, MODELING, AND THE FRAGMENTATION OF ENVIRONMENTAL LAW 2013 Utah Law Review 219 (2013) In the past forty years, environmental researchers have achieved major advances in electronic mapping and spatially explicit, computer-based simulation modeling. Those advances have turned quantitative spatial analysis--that is, quantitative analysis of data coded to specific geographic locations--into one of the primary modes of environmental... 2013
Rachel D. Guthrie MUDDYING THE WATERS: THE DOWNSTREAM IMPLICATIONS OF WAL-MART v. DUKES FOR MEDICAL MONITORING CLASS ACTIONS IN MISSOURI 7 Pittsburgh Journal of Environmental and Public Health Law 305 (Spring, 2013) In 2011, in Wal-Mart Stores, Inc. v. Dukes, the United States Supreme Court heightened scrutiny of class certification under Federal Rule of Civil Procedure (FRCP) 23(a)(2)'s commonality requirement and imposed a strict injunctive standard for relief sought under FRCP Rule 23(b)(2). In 2007, the Missouri Supreme Court followed several other states... 2013
Patrice Lumumba Simms ON DIVERSITY AND PUBLIC POLICYMAKING: AN ENVIRONMENTAL JUSTICE PERSPECTIVE 13 Sustainable Development Law & Policy 14 (2012-2013) Over the course of the Twentieth Century, the environmental movement and the resulting adoption and implementation of increasingly protective environmental laws have literally changed America's social, political, and physical landscape. However, the character of our policymaking institutions - how they both perceive and fulfill their... 2013
Angie McCarthy ON FERTILE GROUND: THE ENVIRONMENTAL AND REPRODUCTIVE JUSTICE MOVEMENTS AS A UNIFIED FORCE FOR REFORMING TOXIC CHEMICAL REGULATION 13 Sustainable Development Law & Policy 20 (2012-2013) The Environmental Justice (EJ) and Reproductive Justice (RJ) movements share important common ground: They aim to improve socioeconomic conditions for those living in poverty, increase involvement of traditionally marginalized communities in policy decisions affecting them, and recognize the right of women to have healthy pregnancies and of... 2013
David A. Dana ONE GREEN AMERICA: CONTINUITIES AND DISCONTINUITIES IN ENVIRONMENTAL FEDERALISM IN THE UNITED STATES 24 Fordham Environmental Law Review 103 (2012-2013) What should the role of the federal government, and federal law, be with respect to the environment? Should environmental law be an essentially federal domain, with the federal government setting the standards or at least minimum standards for environmental quality and natural resource protection? Should there be, in other words, a single Green... 2013
Charles Prior PERMITTING PROBLEMS: ENVIRONMENTAL JUSTICE AND THE MICCOSUKEE Indian TribE 3 Barry University Environmental and Earth Law Journal 163 (2013) The Miccosukee Tribe of Indians is a federally recognized tribe that works and resides in the Everglades region of the State of Florida. The Miccosukee have been battling lax water quality standards through lawsuits since the 1990's. Recent rulings in federal court held that the State of Florida has failed to comply with the Clean Water Act and... 2013
Khin Mai Aung PITTING OUR YOUTH AGAINST EACH OTHER: MOVING SCHOOL HARASSMENT AND BULLYING POLICY FROM A ZERO TOLERANCE DISCIPLINE TO SAFE SCHOOL ENVIRONMENT FRAMEWORK 3 UC Irvine Law Review 885 (December, 2013) Introduction. 885 I. State of the Law--School Harassment and Bullying Prevention Policies. 890 A. Federal Law. 890 1. Federal Antiharassment Laws. 890 2. Proposed Legislation--Safe School Improvement Act. 892 B. State and Local Laws and Policies on School Bullying and Harassment. 893 1. National Trends Across Jurisdictions. 893 2. Example--New York... 2013
Michael P. Vandenbergh PRIVATE ENVIRONMENTAL GOVERNANCE 99 Cornell Law Review 129 (November, 2013) Environmental law has quietly transformed from a positive law field deeply rooted in administrative law to one that is also heavily rooted in private law and private governance. After two decades (1970-1990) of remarkable activity, more than two decades have now passed without a major federal environmental statute (1991-2012). Whether the... 2013
Wendy Wagner RACING TO THE TOP: HOW REGULATION CAN BE USED TO CREATE INCENTIVES FOR INDUSTRY TO IMPROVE ENVIRONMENTAL QUALITY 29 Journal of Land Use & Environmental Law 1 (Fall 2013) I. Introduction. 1 II. Toxics Regulation in Context. 4 A. Toxics 101. 4 B. The Lowest Common Denominator Problem. 8 III. A Better Way. 9 A. Specifics. 10 B. Benefits. 13 IV. Existing Hybrid Approaches that Parallel a Best-in-Market Approach to Toxics Product Regulation. 16 A. Reasonable Alternative Design in Products Liability Law. 17 B.... 2013
Tony LoPresti REALIZING THE PROMISE OF ENVIRONMENTAL CIVIL RIGHTS: THE RENEWED EFFORT TO ENFORCE TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 65 Administrative Law Review 757 (Fall 2013) The environmental justice movement has long pursued a viable mechanism for federal enforcement of environmental civil rights. No legal tool has inspired such high hopes--and such deep disappointment--as Title VI of the Civil Rights Act of 1964. Without a private right of action to enforce Title VI, advocates have focused on filing administrative... 2013
Aparna Polavarapu RECONCILING IndigenOUS AND WOMEN'S RIGHTS TO LAND IN SUB-SAHARAN AFRICA 42 Georgia Journal of International and Comparative Law 93 (2013) I. Introduction 94 II. The Move to Engage with Customary Law 97 III. Legal Frameworks 100 A. International and Regional Indigenous Rights Frameworks 101 B. Formalism in the Women's Rights Legal Frameworks 106 IV. The Gendered Difficulties of Customary and Statutory Law 110 A. Women's Rights Under Pre-Colonial Customary Tenure 111 B. Women and... 2013
Robert L. Liberty RISING TO THE LAND USE CHALLENGE: HOW PLANNERS AND REGULATORS CAN HELP SUSTAIN OUR CIVILIZATION 38 Vermont Law Review 251 (Winter 2013) You do me a great honor by including me in your roster of speakers in the Norman Williams Jr. Lecture Series. But a greater honor is to be asked to address this audience of public servants, active citizens, faculty members, and law students, who have contributed so much and have so much to offer Vermont and the nation in our challenge to create... 2013
Gerald S. Dickinson , Sheila R. Foster STASIS AND CHANGE IN ENVIRONMENTAL LAW: THE PAST, PRESENT AND FUTURE OF THE FORDHAM ENVIRONMENTAL LAW REVIEW 24 Fordham Environmental Law Review 1 (2012-2013) The Fordham Environmental Law Review was officially recognized as a law journal in 1993, although it debuted in 1989 as the Fordham Environmental Law Report. Professor Joseph Sweeney authored the Foreword to the new law review, remarking that because the field of Environmental Law is still in its initial stages, your [students'] work is performed... 2013
David E. Adelman THE COLLECTIVE ORIGINS OF TOXIC AIR POLLUTION: IMPLICATIONS FOR GREENHOUSE GAS TRADING AND TOXIC HOTSPOTS 88 Indiana Law Journal 273 (Winter, 2013) This Article presents the first synthesis of geospatial data on toxic air pollution in the United States. Contrary to conventional views, the data show that vehicles and small stationary sources emit a majority of the air toxics nationally. Industrial sources, by contrast, rarely account for more than ten percent of cumulative cancer risks from all... 2013
Hoi L. Kong THE DISAGGREGATED STATE IN TRANSNationAL ENVIRONMENTAL REGULATION 78 Missouri Law Review 443 (Spring, 2013) This Article argues against a positivist view of international environmental law that (i) conceives of states as unitary entities that speak with one voice in pursuit of a single national interest, and that focuses on (ii) authoritative sources of law and (iii) the binding force of these sources of law. Further, this Article argues for a view of... 2013
Smita Narula THE GLOBAL LAND RUSH: MARKETS, RIGHTS, AND THE POLITICS OF FOOD 49 Stanford Journal of International Law 101 (Winter 2013) In the past five years, interest in purchasing and leasing agricultural land in developing countries has skyrocketed. This trend, which was facilitated by the 2008 food crisis, is led by state and private investors, both domestic and foreign. Investors are responding to a variety of global forces: Some are securing their own food supply, while... 2013
E.A. Barry-Pheby THE GROWTH OF ENVIRONMENTAL JUSTICE AND ENVIRONMENTAL PROTECTION IN INTERNationAL LAW: IN THE CONTEXT OF REGULATION OF THE ARCTIC'S OFFSHORE OIL INDUSTRY 13 Sustainable Development Law & Policy 48 (2012-2013) The Arctic Ocean is surrounded by five coastal states (four of which are heavily industrialised). With its short food chain, and low temperatures, the Arctic Ocean is highly vulnerable to pollution. This marine environment is central to Arctic indigenous peoples existence: providing food, warmth, livelihood and cultural integrity. Yet the offshore... 2013
Lori Beail-Farkas THE HUMAN RIGHT TO WATER AND SANITATION: CONTEXT, CONTOURS, AND ENFORCEMENT PROSPECTS 30 Wisconsin International Law Journal 761 (Winter, 2013) The roots of the human right to water and sanitation date back to ancient times when concepts of community governed water use. Since then, the right has evolved alongside cultural and religious traditions, evolving social norms, and the law. The right to water and sanitation has been brought increasingly to the forefront of international human... 2013
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