Abigail M. Hunt, Robin M. Rotman INTERSECTIONAL MANAGEMENT: AN ANALYSIS OF COOPERATION AND COMPETITION ON AMERICAN PUBLIC LANDS 42 Stanford Environmental Law Journal 121 (May, 2023) I. Introduction. 122 II. Overview of National Monuments and Other Federal Public Lands. 124 A. Federal Public Lands. 124 1. Federal land acquisition and disposition. 124 2. Management and use of federal public lands. 127 B. National Monuments and the Antiquities Act. 132 1. Legislative history. 133 2. Establishing national monuments. 135 3.... 2023
Sheila Simon JOHNSON v. M'INTOSH: 200 YEARS OF RACISM THAT RUNS WITH THE LAND 47 Southern Illinois University Law Journal 311 (Winter, 2023) The United States Supreme Court case of Johnson v. M'Intosh is a foundation of property law in the United States. It established the United States government as the only possible buyer of land from people native to the continent. As the only possible buyer, the United States government had the power to negotiate a low purchase price. The bargain... 2023
Craig Anthony (Tony) Arnold , Frank Bencomo-Suarez , Pierce Stevenson , Elijah Beau Eisert , Henna Khan , Rachel Utz , Rebecca Wells-Gonzalez JUSTICE, RESILIENCE, AND DISRUPTIVE HISTORIES: A SOUTH FLORIDA CASE STUDY 34 Colorado Environmental Law Journal 213 (Spring, 2023) C1-2Table of Contents I. Introduction. 214 II. Social-Ecological Resilience and the Role of Justice. 217 III. Resilience Justice and Disruptive Histories. 226 IV. The Florida Everglades and Tribal Water Justice. 229 A. The Tribes. 229 B. The Everglades. 234 C. Tribal Water-Justice Struggles. 238 V. Miami and Climate Justice. 249 VI. Conclusion. 262 2023
Chris Todd LAND LAW IN THE NORTHERN MARIANA ISLANDS 115 Law Library Journal 331 (2023) The Northern Mariana Islands have a 500-year history of colonial occupation and foreign regulation of land rights. These laws were largely introduced as a means of social control over the indigenous Chamorro and Carolinian populations. This piece collates and analyzes recorded land law issued throughout the archipelago from 1521 to present.... 2023
Clemence Rusenga , Emmanuel Ndhlovu , School for Policy Studies, University of Bristol, Bristol, UK, Vaal University of Technology, Vanderbijlpark, South Africa LAND REFORM AND FINANCIAL INCLUSION CHALLENGES IN SOUTH AFRICA 106 IUS Gentium 141 (2023) Abstract This chapter addresses the experiences of land reform beneficiaries in South Africa, in relation to financial in/exclusion. It highlights that the government largely subject land reform beneficiaries to agricultural production within a costly agribusiness model without adequate access to financial and material resources. The chapter notes... 2023
Jessica A. Shoemaker LAND REFORM IN THE FIFTH WORLD 52 Southwestern Law Review 239 (2023) Our current property systems are strained by rapid climate change and growing inequality. If change is needed, how does it actually happen? Land reform is difficult to imagine, much less implement, within a physical landscape already so engineered and embedded with deep layers of tradition, experience, and law. In this short Essay, I argue that... 2023
Maia Foster LEGAL STRATEGIES TO MINIMIZE SUBWAY AIR POLLUTION IN THE UNITED STATES 72 Duke Law Journal 1345 (March, 2023) Air pollution in U.S. subway systems poses a major threat to public health. People in subway stations breathe in dangerously high levels of dusts, called particulate matter. Current legislation does not effectively address this problem; in fact, the United States does not have a comprehensive indoor air quality law at all. Left unregulated, people... 2023
Zachary Pavlik LEVERAGING FOREIGN INVESTMENTS TO SUPPORT CLIMATE CHANGE ADAPTATION IN THE GLOBAL SOUTH: CERTIFYING CLIMATE-NEXUS INVESTMENTS AND CONDITIONING PROTECTIONS 53 Environmental Law 203 (Spring, 2023) Climate change poses increasingly grave risks to Global South states lacking the extensive capital and robust economies necessary to effectively adapt. The international investment regime may offer a path forward for resource-exporting Global South states willing to redraft international investment agreements to leverage resource demand and secure... 2023
Hari M. Osofsky LITIGATING CLIMATE CHANGE INFRASTRUCTURE IMPACTS 118 Energy Law Journal 149 (8/31/2023) Abstract--This Essay is the first to examine ways in which the different pathways of climate change litigation--statutory interpretation, human and constitutional rights, and common law--interact with infrastructure impacts. Its analysis draws on a model of these pathways that Professor Jacqueline Peel and I developed in our book Climate Change... 2023
Randall S. Abate , Nadine Nadow , Hayley-Bo Dorrian-Bak LITIGATION TO PROTECT THE MARINE ENVIRONMENT: PARALLELS AND SYNERGIES WITH CLIMATE LITIGATION 47 William and Mary Environmental Law and Policy Review 595 (Spring, 2023) Introduction. 595 I. Endangered Species and Marine Mammal Protection. 598 A. Litigation to Protect Marine Mammals. 599 B. The Intersection of Climate Change and Marine Species Protection. 602 II. Fisheries Management. 605 III. Marine Plastics. 610 A. Impact of Plastics on Marine Mammals. 613 B. Litigation and Regulatory Initiatives on Plastics. 614... 2023
Danielle Spiegel-Feld, Katrina M. Wyman LOCAL ACTION, GLOBAL PROBLEM: WHY AND HOW NEW YORK CITY IS TACKLING CLIMATE CHANGE 50 Fordham Urban Law Journal 1187 (September, 2023) Scholars often characterize local action to mitigate climate change as a puzzle. No locality's greenhouse gas emissions (GHGs) are sufficiently large to materially affect climate change; cities that reduce their emissions will therefore bear the costs of doing so, while deriving few climate benefits. This Article analyzes why New York City has... 2023
Dries Lyna, Luc Bulten , Radboud University Nijmegen, the Netherlands, E-mail:; MATERIAL PLURALISM AND SYMBOLIC VIOLENCE: PALM LEAF DEEDS AND PAPER LAND GRANTS IN COLONIAL SRI LANKA, 1680-1795 41 Law and History Review 453 (August, 2023) A little less than two decades ago, historians like Christopher Bayly and David Washbrook worked on the idea of a colonial transition that supposedly took place in South Asia in the late eighteenth and early nineteenth centuries. Shifting markets (both in the Global South and in Europe), an increasing European colonial/imperial presence in the... 2023
Moira O'Neill, Eric Biber, Nicholas J. Marantz MEASURING LOCAL POLICY TO ADVANCE FAIR HOUSING AND CLIMATE GOALS THROUGH A COMPREHENSIVE ASSESSMENT OF LAND USE ENTITLEMENTS 50 Pepperdine Law Review 505 (March, 2023) California's legislature has passed several laws that intervene in local land-use regulation in order to increase desperately needed housing production-- particularly affordable housing production. Some of these new laws expand local reporting requirements concerning zoning and planning laws, and the application of those laws apply to proposed... 2023
Michael Damasco MEPA AT 50 80-AUG Bench and Bar of Minnesota 28 (August, 2023) As the Minnesota Environmental Policy Act (MEPA) turns 50 this year, it's an opportune time to reexamine its place in a world increasingly invested in environmental justice. MEPA, Minnesota's environmental review statute, is an information-gathering tool used to determine the environmental impacts of development projects. Highly publicized... 2023
Kate Bosh NAVIGATING COMPETING INTERESTS ON THE COLORADO RIVER: THE PUBLIC TRUST DOCTRINE, PRIOR APPROPRIATIONS, AND CLIMATE CHANGE 26 University of Denver Water Law Review 79 (Fall, 2023) I. Introduction. 79 II. Climate Change and Implications on Water in the West. 80 III. The Public Trust Doctrine. 82 IV. The Public Trust Doctrine and the Environmental Movement. 84 V. Failures of the Public Trust Doctrine in the Legal Sphere. 86 VI. Prior Appropriation in the Colorado River Basin. 88 VII. Basin State Approaches to Prior... 2023
Sabrina Lanni , University of Milan, Milan, Italy, e-mail: NEW CIVIL CODES AND THE ENVIRONMENT: THE CONTRIBUTIONS OF CHINA AND ARGENTINA 104 IUS Gentium 385 (2023) Abstract Critically reflecting on the current approach to uncontrolled economic development, which could lead not only to ecologic imbalance but also to an imminent crisis of civilization, this essay aims to demonstrate that markets are not necessarily enemies of the environment: they could, in fact, provide valuable support in protecting... 2023
Hailey Droogan, Erin Flannery Keith NEW ENVIRONMENTAL JUSTICE EXECUTIVE ACTION 38-FALL Natural Resources & Environment 57 (Fall, 2023) On April 21, 2023, President Joseph R. Biden signed Executive Order 14096, Revitalizing Our Nation's Commitment to Environmental Justice for All. 88 Fed. Reg 25251 (Apr. 26, 2023) (E.O. 14096). Drawing on 29 years of federal agencies' experience implementing President William J. Clinton's Executive Order 12898, Federal Actions to Address... 2023
Laura Waldman NO SETTLED LAW ON SETTLED LAND: LEGAL STRUGGLES FOR NATIVE AMERICAN LAND AND SOVEREIGNTY RIGHTS 26 CUNY Law Review 220 (Summer, 2023) I. INTRODUCTION. 221 II. THE ROOTS OF DISPOSSESSION. 223 A. Resource Greed Drives Settlers' Theft of Native American Land. 223 B. An Ineffective Treaty Codifies Partial Sovereignty. 226 C. Allotment Further Weakens Native American Control of Land. 229 III. ROLE OF THE JUDICIARY. 232 A. Cherokee Nation Has No Standing in Cherokee Nation v. Georgia.... 2023
Kelsey McKechnie NO-MAN'S-LAND: TEXAS, MEXICO, AND INTERNATIONAL DEAL-MAKING 11 Texas A&M Law Review 223 (Fall, 2023) In 2012, the United States and Mexico negotiated an agreement to determine how to address the transboundary hydrocarbon reservoirs in the Gulf of Mexico. This agreement generally comported with international law's commitment to safe, efficient, and effective exploitation. Notably, however, the agreement did not cover any possible transboundary... 2023
Yuree Nam ONE-WAY TICKET TO MARS: THE PRIVATIZATION OF THE SPACE INDUSTRY AND ITS ENVIRONMENTAL IMPACT ON EARTH AND BEYOND 19 Northwestern Journal of Law & Social Policy 150 (Fall, 2023) In the 21 century, the space industry has changed from a government-focused practice to a rapidly growing private sector. Billionaires like Elon Musk and Jeff Bezos operate private companies for the advance of space travel and exploration. Other companies like Lunar Outpost, ispace, and Masten Space Systems were selected by NASA to collect lunar... 2023
Michael C. Blumm OUR COMMON GROUND: AN APPRECIATIVE ESSAY ON JOHN LESHY'S PUBLIC LAND LAW HISTORY 31 New York University Environmental Law Journal 187 (2023) John Leshy, one of the foremost scholars and practitioners of public land law, has written a magnum opus on the subject and its long history. Public land law's origins date back before the founding of the United States, as Leshy's history makes clear. The book carefully traces this long history through two-and-a-half centuries and some six hundred... 2023
Hilda Loury PACHAMAMA OVER PEOPLE AND PROFIT: A CASE FOR INDIGENOUS ECOLOGY AND ENVIRONMENTAL PERSONHOOD 47 American Indian Law Review 229 (2022-2023) C1-2Table of Contents Introduction. 229 I. The Environmental Crisis. 231 A. The Anthropocene. 231 B. Global Environmental Changes. 233 II. A Comparative Analysis of Indigenous and Western Ecology. 236 A. Prefaces. 236 B. Self, Other, and Nature. 237 C. Use and Consumption. 241 D. Cultural Priorities. 243 III. Law and Personhood. 246 A. U.S.... 2023
Robert W. Adler , Carina E. Wells PLASTICS AND THE LIMITS OF U.S. ENVIRONMENTAL LAW 47 Harvard Environmental Law Review 1 (2023) Plastics are among the most ubiquitous materials on the planet, used for functions ranging from single-use cups to medical syringes to industrial equipment. The properties that make plastics useful, however, also make them highly persistent in the environment when improperly disposed of. Moreover, although plastic polymers are inert, they break... 2023
Margaretha Wewerinke-Singh PREVENTING CLIMATE HARM: THE ROLE OF RIGHTS-BASED LITIGATION 40 Wisconsin International Law Journal 245 (Spring, 2023) Climate change is a global problem that has the potential to cause catastrophic harm, and courts have started to play an important role in attempts to turn the tides. In the global wave of climate litigation, we see increasing reliance on human rights in plaintiffs' submissions and judicial rulings. This article focuses on specific asks put forward... 2023
Erin Ryan PRIVATIZATION, PUBLIC COMMONS, AND THE TAKINGSIFICATION OF ENVIRONMENTAL LAW 171 University of Pennsylvania Law Review 617 (March, 2023) This project takes on the critical but undertheorized question of how to balance private and public interests in critical natural resource commons, including air, water, public lands, energy, and biodiversity resources, all of which are prone to forms of diminution by private exploitation. It identifies a set of legal biases, which we might call... 2023
Sofie Elise Quist, Annika Krafcik 'PROMISING MORE THAN IT DELIVERS'?: A CRITICAL READING OF THE HRC'S DANIEL BILLY ET AL v. AUSTRALIA (2022) DECISION LINKING CLIMATE CHANGE AND HUMAN RIGHTS 41 UCLA Journal of Environmental Law & Policy 411 (2023) The United Nations Human Rights Committee's 2022 Decision, Daniel Billy et al. v. Australia (Daniel Billy or the Decision), brought by Indigenous Peoples residing on the Torres Strait Islands off the coast of Australia, is the first case before an international human rights body to find that a State's failure to adopt timely climate adaptation... 2023
Heather Tanana PROTECTING TRIBAL PUBLIC HEALTH FROM CLIMATE CHANGE 15 Northeastern University Law Review 89 (March, 2023) C1-2Table of Contents Introduction 95 I. Climate Change in Indian Country 103 2A. Climate-Related Changes to Water 105 2B. Health Impacts of Climate Change 115 2C. Cultural Impacts of Climate Change 122 II. The Convergence of Federal Treaty and Trust Responsibilities, Tribal Health, and Climate Change 128 2A. Federal Responsibility to Provide... 2023
Sam Kalen PUBLIC LAND MANAGEMENT'S FUTURE PLACE: ENVISIONING A PARADIGM SHIFT 82 Maryland Law Review 240 (2023) The recent sesquicentennial of Yellowstone National Park, the nation's first and prototypical national park, marked an opportune moment for examining the management of the nation's public lands. Public lands are confronting a myriad of challenges, whether from climate change and the efficacy of using the nation's lands for fossil fuel development... 2023
Phyllis C. Taite REMEDIATING INJUSTICES FOR BLACK LAND LOSS: TAKING THE NEXT STEP TO PROTECT HEIRS' PROPERTY 10 Belmont Law Review 301 (Spring, 2023) Introduction. 301 I. Inequalities in Land Ownership. 303 A. Black Land Loss. 303 B. Eminent Domain, Neighborhood Blight, and Gentrification. 304 C. Restrictive Covenants, Redlining, and Blockbusting. 308 II. Heirs' Property and Black Land Loss. 310 A. The Problematic Nature of Heirs' Property. 310 B. The Reach of The Uniform Partition of Heirs'... 2023
Anne Haluska RESTORATIVE JUSTICE AND THE RIGHTS OF NATURE: USING INDIGENOUS LEGAL TRADITIONS TO INFLUENCE CULTURAL CHANGE AND PROMOTE ENVIRONMENTAL PROTECTION 49 Mitchell Hamline Law Review 92 (February, 2023) I. Introduction. 93 II. Rights of Nature Background. 94 III. Western Ideologies Influenced a Legal Framework That is Ineffective at Achieving Environmental Protection Goals. 96 A. Western Ideologies View Nature as a Commodity Subject to Human Control and Consumption. 96 B. Environmental Protection Laws in the United States Reflect the Western View... 2023
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