| Author | Title | Citation | Summary | Year |
| Michelle Diffenderfer, Christopher Johns |
PROTECTING TRIBAL INTERESTS IN WATER |
39-WTR Natural Resources & Environment 18 (Winter, 2025) |
On May 2, 2024, the U.S. Environmental Protection Agency (EPA) published its final rule titled Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights. 89 Fed. Reg. 35,717 (May 2, 2024) (Final Rule). The Final Rule aims to provide a regulatory framework for states and tribes to use when establishing or revising water quality... |
2025 |
| Jessica Faucher |
PROTECTION OR INDIFFERENCE: WHY THE ARIZONA v. NAVAJO NATION DECISION DOESN'T HOLD WATER |
54 Stetson Law Review 501 (Spring, 2025) |
In Arizona v. Navajo Nation, a 5-4 majority of the Supreme Court held under the Navajo Nation's 1868 Treaty with the United States that the United States has no affirmative duty to secure water for the Tribe. In doing so, the majority inflated the Navajo's request for relief, analyzed the Tribe's claim under the wrong legal framework, and reached... |
2025 |
| Alex Woodward, Esq. |
QUIETING THE CACOPHONY: HOW TO REDUCE GREENWASHING AND ENVIRONMENTAL DAMAGE FROM THE FOOD INDUSTRY |
17 Kentucky Journal of Equine, Agriculture, and Natural Resources 41 Law(2024-2025) |
To support a global population of over 8 billion as of 2025, agriculture on a mass-produced scale is necessary. Unfortunately, that scale, along with the for-profit nature of the American food industry, brings with it many environmental externalities. Pesticides are used as an inexpensive way to ensure the maximum yield for crops while protecting... |
2025 |
| Shelby White |
REDUCING POLLUTION FROM CONCENTRATED ANIMAL FEEDING OPERATIONS BY ENFORCING NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT REQUIREMENTS UNDER THE CLEAN WATER ACT |
36 Colorado Environmental Law Journal 167 (Winter, 2025) |
C1-2Table of Contents Introduction. 168 I. The History and Goals of the Clean Water Act. 171 A. How the Clean Water Act Came to Be. 171 B. CAFO Regulation Under the CWA. 172 C. Purpose Statement. 175 II. Lack of Permit Enforcement for CAFOs is Detrimental to Human Health and the Environment. 176 A. Surface Water Pollution from CAFOs is Harming Our... |
2025 |
| Fredrick Ole Ikayo |
RE-INDIGENIZING FOOD SOVEREIGNTY IN THE NGORONGORO CONSERVATION AREA |
26 Vermont Journal of Environmental Law 278 (Summer, 2025) |
INTRODUCTION. 279 I. THE MAASAI PEOPLE AND TANZANIA'S SIGNIFICANT NATURAL AREAS. 281 II. FORTRESS CONSERVATION AND ITS DEFICIENCIES. 288 III. THE MAASAI PEOPLES' RIGHT TO FOOD SOVEREIGNTY. 290 A. The Essential Nature of Food Sovereignty. 290 B. Contemporary Issues that Threaten and Impede Indigenous Food Sovereignty in the Ngorongoro Conservation... |
2025 |
| Drew Woodward, Jordan Cruz |
SETTLEMENTS, COMPACTS, COMMISSIONS, AND MORE: NONLITIGATION ALTERNATIVES TO RESOLVING FEDERALLY RESERVED WATER RIGHTS |
28 University of Denver Water Law Review 224 (Fall, 2025) |
The closing panel of the 2025 Symposium emphasized that litigation is only one of the many solutions needed to provide equitable water solutions to tribal nations. A history of inequitable access through litigation of water rights was demonstrated through multiple examples from tribal communities. Alternatively, settlements were highlighted as a... |
2025 |
| Claire Lingley |
SHIFTING CURRENTS: THE NEXUS BETWEEN MAJOR PROJECT DEVELOPMENT, WATER, AND INDIGENOUS ENGAGEMENT |
56 ABA Trends 4 (July/August, 2025) |
Canada's regulatory framework for major projects is both divided and overlapping: municipalities govern stormwater, zoning, and infrastructure; the federal government has jurisdiction over fish and fish habitats, oceans and boundary waters, and transboundary impacts; and provinces, where most water-related regulation occurs, has the primary... |
2025 |
| Tyler Mebane |
STANDING IN THE WRONG LINE: NAVAJO NATION WATER RIGHTS AFTER ARIZONA v. NAVAJO NATION |
57 Arizona State Law Journal 353 (Spring, 2025) |
Close to a thousand years ago, the ancestors of the Navajo Nation arrived in what would become the American Southwest. They settled in the Colorado River basin, using the river's water to support agriculture and establish a homeland for themselves in the region. Pushed out by the encroachment of the United States as it expanded West, the Navajo... |
2025 |
| Sadie C. Pate |
STOLEN STREAMS: TRIBAL WATER RIGHTS AND JUDICIAL TAKINGS |
49 Harvard Environmental Law Review 655 (2025) |
Tribal water rights are fundamental to tribal existence and self-determination. Yet, despite treaty protection and federal recognition of these rights for over a century, tribal communities still struggle to realize their water rights. Forced to litigate in state courts under the McCarran Amendment, tribes frequently see those rights systematically... |
2025 |
| Associate Professor Ying Chen , Professor Ludivine Petetin |
TAKING A RIGHTS-BASED APPROACH TO MEAT SUBSIDIES TO ADDRESS THE DUAL CHALLENGES OF FOOD INSECURITY AND CLIMATE CHANGE: A COMPARATIVE ANALYSIS OF THE US, EU, AND UK AGRI-FOOD POLICIES |
42 Wisconsin International Law Journal 239 (Spring, 2025) |
Meat production has devastating environmental impacts. It contributes to not only greenhouse gas emissions and climate change, but also natural resources depletion, biodiversity loss, water pollution, and other environmental problems, which together pose a serious threat to agricultural sustainability and food security. Despite these negative... |
2025 |
| Tammi S. Etheridge |
THE BIG COST OF SMALL FARMS |
77 Florida Law Review 465 (March, 2025) |
Americans love meat. We celebrate our independence with steaks on the grill, we enjoy our favorite pastime with hot dogs, and we give thanks with turkey. Our love of meat is so ingrained in our culture that, historically, small increases in meat prices have driven the populace to riot. Today, meat prices are rising. Simultaneously, the largest meat... |
2025 |
| Jack H.L. Whiteley |
THE CLEAN WATER ACT AND AVOIDANCE CREEP |
109 Minnesota Law Review 3053 (June, 2025) |
In Sackett v. EPA, the Supreme Court set out a test for the Clean Water Act's jurisdiction over wetlands. The Act, the Court held, protects only those wetlands that have a continuous surface connection to relatively permanent bodies of water like streams, rivers, and lakes. If the connection lies below the surface, or is at the surface but... |
2025 |
| James Salzman , Ana Mackay Peltzer |
THE CLEANEST WATER AND THE DUMBEST KIDS: DO SMALL WATER SYSTEMS COMPLY WITH THE SAFE DRINKING WATER ACT? |
44 Stanford Environmental Law Journal 276 (2025) |
Drinking water is one of the few essential requirements for life. Throughout history, human settlements have been built with ready access to sources of safe drinking water. Without water to drink, no population can long remain in place, and it has always been so. The basic tasks of providing safe water have also remained the same over time - the... |
2025 |
| Sarah E. Mische |
THE COST OF PFAS CLEANUP IN WATERWAYS: WHO PAYS AND HOW? |
96 University of Colorado Law Review 905 (2025) |
It is now widely known that per- and polyfluoroalkyl substances (PFAS) pose serious environmental and health risks. A particular aspect of PFAS contamination occurs in water, including drinking water, groundwater, drainage and runoff water, and sewage and wastewater. Since the early 2000s, the U.S. Environmental Protection Agency (EPA) has taken... |
2025 |
| Dr. Taino J. Palermo |
THE EROSION OF TRUST: ARIZONA v. NAVAJO, CLIMATE CHANGE, AND THE POTENTIAL ABROGATION OF TRIBAL WATER RIGHTS |
30 Roger Williams University Law Review 47 (Winter, 2025) |
The Supreme Court's ruling in Arizona v. Navajo Nation represents a pivotal moment in the ongoing struggle for tribal water rights in the United States. This decision not only impacts the Navajo Nation, but also sets a significant judicial precedent with far-reaching implications for the future of treaty-protected water rights. The Court's ruling... |
2025 |
| D'Andra Millsap Shu |
THE FOOD ALLERGY GENERATION GOES TO WORK |
66 Boston College Law Review 857 (March, 2025) |
Introduction. 858 I. Food Allergies Are a Significant Medical and Societal Issue. 864 A. Medical and Management Basics. 865 B. Prevalence Among Children and Adults. 868 C. Negative Attitudes About Food Allergies. 869 II. Food Allergy as a Disability. 872 A. Prior Work on Food Allergy as a Disability. 872 B. New Case Law on Food Allergy as a... |
2025 |
| Camesha Little |
THE HUNGER GAMES: FOOD AS A RIGHT, NOT A PRIVILEGE |
20 FIU Law Review 526 (Fall, 2025) |
The dystopian landscape of popular novels like The Hunger Games and Parable of the Sower vividly portray societies crippled by poverty, oppression, and pervasive starvation. Although fictional stories, the depiction of food insecurity resonates with a sobering global reality. Despite the United Nations' explicit declaration that all humans have a... |
2025 |
| Maria Gedris |
THE PFAS PROBLEM: HOW WETLAND REGULATIONS CAN PROTECT MICHIGAN'S DRINKING WATER FROM CHEMICAL CONTAMINANTS |
70 Wayne Law Review 889 (Winter, 2025) |
I. INTRODUCTION. 890 II. BACKGROUND. 892 A. The Clean Water Act. 892 B. History of Federal Wetland Protection Law. 894 1. United States v. Riverside Bayview Homes, Inc. 894 2. Rapanos v. United States. 895 3. Maui v. Hawaii Wildlife Fund. 898 4. Sackett v. EPA. 899 C. The Deterioration of Chevron Deference Following the Sackett Ruling. 901 D.... |
2025 |
| Rhett B. Larson |
THE PRIVATE SECTOR'S ROLE IN ARIZONA'S WATER FUTURE |
44 Stanford Environmental Law Journal 243 (2025) |
Professor Buzz Thompson's book Liquid Asset explores the critical partnership between the public and private sectors in water management. Water management has taken center stage in Arizona, where Colorado River shortages, groundwater depletion, and persistent water rights litigation has placed national media attention on the state. The principles... |
2025 |
| Adam Bixby |
THE SILVER LINING SOLUTION: ALLEVIATING WATER INSECURITY IN THE COLORADO RIVER BASIN THROUGH CLOUD SEEDING |
34-SPG Kansas Journal of Law & Public Policy 189 (Spring, 2025) |
Since ancient times, civilizations have relied on favorable weather conditions for their survival and development. Human history is spattered with a wide array of elaborate ceremonies dedicated to summoning the rain that sustains human civilizations. These ceremonies demonstrate a common goal to reach the very heavens themselves to harness its... |
2025 |
| James J. Vinch |
THE UNEXPECTED IMPLICATIONS OF SACKETT v. EPA ON WATER QUANTITY ALLOCATIONS IN THE ARID WEST |
52 Ecology Law Quarterly 193 (2025) |
Water moves over the earth according to the hydrologic cycle and can be best understood as an integrated system. However, the law often artificially segregates the hydrologic cycle into its component parts for regulatory purposes. The Clean Water Act is an example of a statute which separates water quality--which is regulated jointly by the federal... |
2025 |
| Sarah Van Voorhis |
THERE WOULD BE FOOD FOREVER: LEVERAGING THE CULVERT CASE TO FIGHT TOXIC FISH CONTAMINATION IN THE COLUMBIA RIVER |
31 UC Law Environmental Journal 153 (May, 2025) |
The Native American Tribes of the Pacific Northwest signed treaties in the 1800s with a representative of the federal government that purported to protect their right to fish in their usual and accustomed places. Despite this explicit provision of their treaties, the Tribes have struggled to exercise this right to fish. Through a series of court... |
2025 |
| Richard A. Epstein |
THROWING COLD WATER ON CLIMATE REPARATIONS |
110 Iowa Law Review 2015 (July, 2025) |
ABSTRACT: In this Essay, I dispute the increasingly common claim that the pollution and other excesses from the developed nations of the Industrial West have, given their capitalist economies, forced global warming on the rest of the world, for which reparations are not only appropriate but also a moral imperative. But the counterarguments are... |
2025 |
| Susan Lea Smith , Darlene Sanderson |
TRANSFORMING WATER: THE EMERGING PARADIGM OF WATER JUSTICE ETHICS |
55 Environmental Law 303 (Spring, 2025) |
This Essay calls for a critical transformation in humanity's relationship with water, shifting away from the dominant western paradigm of sustainable integrated water resources management (IWRM) to water justice ethics, a life-affirming ethical relationship with water. The sustainable IWRM paradigm is superior to earlier twentieth century versions... |
2025 |
| Andrew Teegarden |
UNCERTAIN FUTURE: HOW CONDITIONAL WATER RIGHTS HAVE CREATED UNINTENDED CONSEQUENCES IN COLORADO |
28 University of Denver Water Law Review 175 (Fall, 2025) |
Introduction. 176 I. Foundational Policies for Conditional Water Rights. 177 II. Historical Development of Conditional Rights. 179 A. Prior Appropriation & Conditional Rights. 179 B. How Conditional Rights Became Law. 180 C. Constitutional Protections & Preferences. 182 III. Requirements to Obtain Conditional Rights. 182 A. Unique Aspects of... |
2025 |
| Jordann Krouse |
UNDER THE UMBRELLA OF WATER LAW: WHY RAINWATER HARVESTING SHOULD CONSTITUTE A VALID WATER RIGHT |
100 Washington Law Review 545 (June, 2025) |
Abstract: Rain is a major source of water. It provides for our greatest needs, such as feeding our gardens, crops, rivers, and lakes. As global climate change continues to unfold, the impacts of water availability and water pollution simultaneously grow more urgent. Water rights are a mechanism in the United States' legal system to allocate,... |
2025 |
| Vanessa Casado Pérez |
WATER FLOWING DOWN WALL STREET |
109 Minnesota Law Review 2749 (June, 2025) |
Water scarcity is a perennial problem with dire consequences for the United States and governments around the world. A lack of adequate water resources is a systematic cause of environmental harm, economic damage, and societal division. Climate change has exacerbated these problems making water even more valuable and essential. Financial actors... |
2025 |
| Robert Haskell “Bo” Abrams |
WATER GOVERNANCE AND WATER FUTURES IN THE UNITED STATES AND AUSTRALIA |
65 Natural Resources Journal 193 (Summer, 2025) |
The world's hydroclimate has become more extreme in the last several decades--a phenomenon described in technical terms as the loss of stationarity. Focusing particularly on the drought-induced stresses, this Article examines water governance in the American West and Australia seeking aspects in the laws, institutions, and approaches of each nation... |
2025 |
| Wesley James Furlong , Lori E. Blumenthal |
WATER KNOWS NO BOUNDARIES: TRIBAL JURISDICTION OVER NON-INDIANS' OFF-RESERVATION CONDUCT THAT THREATENS ON-RESERVATION TRIBAL WATER RESOURCES |
48 Public Land & Resources Law Review 109 (2025) |
It is also axiomatic that the quality of the natural environment on the Reservation impacts directly the health and welfare of the Tribes and the[ir] economic security. Pollution in the ground, air and water knows no boundaries and impacts Tribal, fee and allotted lands on the Reservation. It is extremely difficult to separate the effects of air... |
2025 |
| Meng Wang |
WATER PROTECTION IN ARMED CONFLICT AND THE U.N. WATERCOURSES CONVENTION |
55 Environmental Law Reporter (ELI) 10617 (November/December, 2025) |
The U.N. Watercourses Convention is a crucial agreement governing non-navigational use of international watercourses, at a time when war continues to pose challenges to water and aquatic ecosystems. This Article examines Article 29 of the Convention, which specifically addresses protection of international watercourses and related installations... |
2025 |
| Vanessa Casado Pérez |
WATER REALLOCATION IN THE WEST: GOVERNMENT AND MARKETS |
2025 Utah Law Review 235 (2025) |
The U.S. West is suffering a mega-drought. The drought, which began in the year 2000, is the worst since 800 A.D. As the West gets drier, droughts are no longer a sporadic emergency, but a structural problem. Climate change is increasing temperatures and altering precipitation patterns while increasing evaporation and water demand. Simply put, if... |
2025 |
| Kevin M. Morrow |
WATER RIGHTS IN OUTER SPACE: PRIOR APPROPRIATION AND THE FINAL FRONTIER |
36 Colorado Environmental Law Journal 7 (Winter, 2025) |
Water overshadows the other problems - Frank Herbert's Dune C1-2Table of Contents Introduction. 8 I. Discoveries of Water in Outer Space. 9 A. Water on Mars. 10 B. Discovery of Water on the Moon. 12 II. Water and the Principles of Space Law. 13 A. Environmental Protection of Space Water. 14 B. Space Treaties and Foundations of Space Law. 18 C.... |
2025 |
| Alexander Martin |
WATER, WATER, EVERYWHERE, AND NOT A DROP TO DRINK: WATER, PROPERTY, AND INTERNATIONAL LAW |
26 Currents: Journal of International Economic Law 79 (2025) |
Water is the most abundant resource in the world. Different types of water have different purposes, and freshwater is among the most precious of this resource. Earth is made up of seventy percent of water, yet only three percent of water is freshwater. Despite this wide disparity, the international community has failed to act quickly to protect... |
2025 |
| Victor Y. Wu |
WATERING DOWN ENFORCEMENT: INADEQUATE CRIMINAL LIABILITY IN STATE CLEAN WATER ACT PROGRAMS |
77 Stanford Law Review 1303 (May, 2025) |
Abstract. Environmental criminal liability plays an important role in deterring corporate polluters and motivating regulatory compliance. Accordingly, the Clean Water Act (CWA) requires states to apply criminal enforcement standards at least as stringent as the federal standards. For decades, however, the U.S. Environmental Protection Agency (EPA)... |
2025 |
| Victoria Sutton |
WE CAN PROTECT THE "WATERS OF THE UNITED STATES" AS LONG AS THEY STAY OUT OF THE HYDROLOGICAL CYCLE |
61 Idaho Law Review 89 (2025) |
The water cycle, including its oceans, surface water, wetlands, water vapor, clouds and groundwater, has resulted in a patchwork of statutes and regulations that fail to comprehensively protect the waters of the United States. This is not a simple fix, and requires Congressional positivism rather than decades of relying on the judicial branch... |
2025 |
| Katherine Fitzgerald |
WHEN POISON IS ON THE MENU: PROPOSING THE ADOPTION OF IRELAND'S STRICTER ALLERGEN REGULATIONS IN AMERICA'S FOOD ESTABLISHMENTS |
33 Journal of Law & Policy 112 (2025) |
In the modern era, a growing number of children and adults have been diagnosed with deadly food allergies. For the approximately 33 million Americans who have at least one food allergy, restaurants, aside from the home, are the most likely place where deadly reactions could occur. In order to adapt to this expanding and sensitive population, the... |
2025 |
| Brooke Raniere |
YOU ARE WHAT YOU EAT: USING TRADEMARK LAW TO ADDRESS CONSUMER CONFUSION IN FOOD LABELING |
32 Journal of Intellectual Property Law 123 (September, 2025) |
I. Introduction. 125 II. Background. 126 A. Processed Food Overview. 126 B. Current Food Labeling Regulation in the U.S.. 127 1. The Food and Drug Administration (FDA). 127 2. Federal Trade Commission (FTC). 130 3. Food Seals. 131 C. Current Trademark Regime in the U.S.. 133 1. Lanham Act. 133 2. Trademark False Advertising. 135 III. Analysis. 136... |
2025 |
| Alexia M. Kulwiec, Tom Starck |
"FOOD OF THEIR OWN CHOOSING": IMPROVING ACCESS TO LOCALLY GROWN, SUSTAINABLE, AND REAL FOOD |
76 Maine Law Review 261 (June, 2024) |
Abstract Introduction: The Right to Food Should Ensure the Availability, Accessibility, Adequacy--Health and Nourishment--of Locally and Sustainably Grown Food, Including Access to Local Processing I. Global Corporate Control of the U.S. Food System, Its Failings, and Its Inability to Promote Community-Based Food Systems II. The Maine State... |
2024 |
| Isaac Bloch |
A GREEN ENERGY WATERSHED: WATER LITIGATION, ELECTRIC BATTERIES, AND AGENCY OVERSIGHT OF LITHIUM MINING |
27 University of Denver Water Law Review Rev. 1 (Spring, 2024) |
I. INTRODUCTION: LITHIUM AT THE WATER-ENERGY NEXUS. 2 II. THE WATER LITIGATION RISKS OF TRADITIONAL LITHIUM MINING. 5 A. State Prior Appropriations Law in Contemporary Western Mining Operations. 5 B. Federal Challenges to Water Allocation under NEPA. 7 III. WATERSHED MANAGEMENT AT THE SALTON SEA. 13 A. Salton Sea Stakeholders. 14 B. Precious Metals... |
2024 |
| Max Clayton |
A NEW MOMENT FOR INDIAN WATER RIGHTS SETTLEMENTS |
64 Natural Resources Journal 33 (Winter, 2024) |
Indian water rights settlements have been the primary mechanism to resolve water conflicts between tribal governments and state, municipal, and non-governmental parties. Although scholars have for decades roundly criticized settlements for their many shortcomings, this paper suggests that a combination of forces has altered the conditions for... |
2024 |
| Charisa Smith |
A POST-DOBBS FUTURE: BAILING WATER DOWNSTREAM TO CENTER DEMOCRACY'S CHILDREN |
54 Seton Hall Law Review 747 (2024) |
The reversal of Roe v. Wade by Dobbs v. Jackson Women's Health Organization not only imperils vital reproductive freedom across the United States but also illuminates the countless ways that childhood precarity will be exacerbated downstream now that forced births are sanctioned by the state. While an individual's reasons for exercising abortion... |
2024 |
| Governor Dirk Kempthorne |
A TRIUMPH OF FEDERALISM: REMARKS TO THE IDAHO LAW REVIEW WATER LAW SYMPOSIUM (MARCH 22, 2024) |
60 Idaho Law Review 319 (2024) |
I want to express my appreciation to Katie Sheftic who has poured herself into the agenda and is the architect of this Symposium. Congratulations on a fabulous conference Katie. We need great young attorneys like you who have a genuine interest in Idaho water law. I also want to acknowledge Dean Johanna Kalb of the University of Idaho College of... |
2024 |
| Karrigan Börk , John Mensik |
ADAPTING SEASONAL WATER RIGHTS |
48 William and Mary Environmental Law and Policy Review 483 (Spring, 2024) |
Climate change is shifting seasons. Spring comes earlier, fall comes later, rainy seasons are shorter and more intense, and summers are hotter and longer. In the American West, winter precipitation increasingly falls as rain, leading to a smaller snowpack and an earlier, more intense runoff followed by a longer and drier dry season. For... |
2024 |
| Lauren Dorsey |
AN INTERDISCIPLINARY ECONOMIC, LEGAL, AND EQUITY ANALYSIS OF, AND POLICY RECOMMENDATIONS FOR, UNITED STATES WATER MARKETS |
102 Oregon Law Review 575 (2024) |
Introduction. 576 I. Economic Background: Theoretical Fit and Limitations to Water Widgets. 578 A. The Promise of Market-Determined Resource Allocation. 578 B. Defining the Competitive Market Framework and Its Water Incompatibilities. 579 II. Background Water Law. 582 A. Water Management: Ancient Systems. 582 B. Riparian Law: American Evolution and... |
2024 |
| Sara St. Juste |
ARE HEALTHY FOODS "WHITE PEOPLE FOOD": A LEGAL ANALYSIS OF DISPARITIES IN HEALTHY FOOD ACCESSIBILITY AND AFFORDABILITY AT GROCERY STORES AND RESTAURANTS IN LOW-INCOME NEIGHBORHOODS |
14 University of Miami Race & Social Justice Law Review 139 (Spring, 2024) |
INTRODUCTION. 141 I. The Origin. 143 a. Soul Food. 144 b. White People Food Rationality. 146 II. How Supermarkets and Restaurants Perpetuate a Lack of Healthy Food Options. 147 a. The Role Supermarkets and Grocery Stores Have on Healthy Food Options. 148 1. The Lack of Supermarkets in Low-Income Communities with Predominately Black and Hispanic... |
2024 |
| Jennifer Horkovich |
ARIZONA v. NAVAJO NATION AND SYSTEMIC FAILURES IN THE TRIBAL WATER ALLOCATION SCHEME |
35 Fordham Environmental Law Review 30 (Spring, 2024) |
When the United States Supreme Court's decision in Arizona v. Navajo Nation was published in June 2023, Indian Country was hardly surprised with the Court's ruling. There, the Court found that the United States had no affirmative duty to affirmatively protect the Navajo Nation's water rights under the 1868 Treaty. The Court was clear: the treaty is... |
2024 |
| Smita Narula |
BEYOND REFORM: FOOD SOVEREIGNTY AND THE FUTURE OF GLOBAL FOOD SYSTEMS |
31 Indiana Journal of Global Legal Studies 141 (Summer, 2024) |
We live in a deeply destructive food system, and the need for alternatives is clear. Yet state and corporate actors, beholden to an extractive, industrial model of food production, continue to push for incremental reforms instead of transformative action. In response, food sovereignty movements are charting a normative path in international human... |
2024 |
| Jonathan Rosenbloom |
BUILDING FOOD AND NUTRITION SECURITY AND SOVEREIGNTY |
54 Environmental Law Reporter (ELI) 10488 (June, 2024) |
Development impacts many aspects of the food system, including where food is grown, how far food must travel, where distributors and retailers are placed, and who has access to fresh and nutritious food. By viewing development and its associated impacts through a sustainability and life-cycle lens, we can rethink the role of development and how... |
2024 |
| Daniel Cornelius, Steph Tai |
CAN WE SAVE OUR FOODWAYS? THE INFLATION REDUCTION ACT, CLIMATE CHANGE, AND FOOD JUSTICE |
133 Yale Law Journal Forum 1053 (17-Apr-24) |
abstract. This Essay examines USDA programs supported by the Inflation Reduction Act and its approach toward addressing climate change and historical funding inequities for Indigenous and Black Farmers. It also argues for how the next Farm Bill can expand upon these efforts to further address inequities and promote climate resilience. Farmers,... |
2024 |
| R. Denisse Córdova Montes, Heather Retberg, Photini Kamvisseli Suarez |
CONSTITUTIONALIZING THE HUMAN RIGHT TO FOOD IN MAINE: A PEOPLE'S TOOL TO ADVANCE FOOD SOVEREIGNTY IN THE UNITED STATES |
76 Maine Law Review 229 (June, 2024) |
Abstract Introduction I. The Road to Constitutionalizing the Right to Food in Maine A. The Food Safety Modernization Act and Downward Pressure on Maine's Local Food System B. Local Participation of Farmers in Food System Legal Structures and the Birth of the Food Sovereignty Movement in Maine C. Connecting Locally and Globally to Strengthen the... |
2024 |