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Articles 1 - 17 of 17
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Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard
Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard
Robert D Bullard
Presenter: Robert D. Bullard, Ph.D., Professor of Sociology, Clark Atlanta University 1 page.
Confronting Chronic Pollution: A Socio-Legal Analysis Of Risk And Precaution, Dayna Nadine Scott
Confronting Chronic Pollution: A Socio-Legal Analysis Of Risk And Precaution, Dayna Nadine Scott
Dayna N. Scott
The central aim of this article is to demonstrate a socio-legal approach to risk and precaution using the example of chronic pollution. Drawing on ongoing empirical work with the Aamjiwnaang First Nation, which is tucked into Sarnia's "Chemical Valley," a secondary aim is to influence and shape how we understand the problem and confront the risks of chronic pollution. This article forwards the argument that the prevailing regulatory approach is incapable of capturing the essence of contemporary pollution harms, because those harms are increasingly linked to continuous, routine, low-dose exposures to contaminants that are within legally sanctioned limits. Community residents …
The North-South Divide In International Environmental Law: Framing The Issues, Carmen G. Gonzalez, Sumudu Atapattu
The North-South Divide In International Environmental Law: Framing The Issues, Carmen G. Gonzalez, Sumudu Atapattu
Carmen G. Gonzalez
The unprecedented degradation of the planet’s vital ecosystems is among the most pressing issues confronting the international community. Despite the proliferation of legal instruments to combat environmental problems, conflicts between rich and poor nations (the North-South divide) have compromised the effectiveness of international environmental law, leading to deadlocks in environmental treaty negotiations and non-compliance with existing agreements. Through contributions from scholars based in five continents, International Environmental Law and the Global South examines both the historical origins of the North-South divide in European colonialism as well as its contemporary manifestations in a range of issues, including food justice, energy justice, …
International Environmental Law And The Global South, Carmen G. Gonzalez
International Environmental Law And The Global South, Carmen G. Gonzalez
Carmen G. Gonzalez
The unprecedented degradation of the planet’s vital ecosystems is among the most pressing issues confronting the international community. Despite the proliferation of legal instruments to combat environmental problems, conflicts between rich and poor nations (the North-South divide) have compromised the effectiveness of international environmental law, leading to deadlocks in environmental treaty negotiations and non-compliance with existing agreements. Through contributions from scholars based in five continents, International Environmental Law and the Global South examines both the historical origins of the North-South divide in European colonialism as well as its contemporary manifestations in a range of issues, including food justice, energy justice, …
Millennial Pivot: Sustainability-Purposed Performance Zoning Guidelines In Urban Commercial Development, Michael Widener
Millennial Pivot: Sustainability-Purposed Performance Zoning Guidelines In Urban Commercial Development, Michael Widener
Michael N Widener
This paper argues that economic competitiveness requires cities and towns to reimagine their zoning regulations, leveraging technology advances to address challenges revealed by demands for sustainability in building urban projects. The optimal means to accomplish this is to use performance zoning, a method encouraging creative solutions to problems caused by increasing development densities. Performance zoning consists of a series of standards addressing specific sub-optimal neighborhood or community impacts of commercial development; these standards can be negative or positive expressions of municipal goals for sustainability and environmental justice. Pivoting to performance zoning is desirable because the development community has a firmer …
Pining For Sustainability, Timothy M. Mulvaney
Pining For Sustainability, Timothy M. Mulvaney
Timothy M. Mulvaney
The survey results discussed in Part I below reveal substantial paper consumption excesses in the existing law journal system. Though only thirty-three primary law journals responded to the survey, making extrapolation across the general population of all law journals difficult, the aggregate data is illuminating nonetheless. Based upon a very conservative evaluation of the data set, the respondent journals reported printing nearly seventeen million pages of paper in the one-year term of the 2008-2009 editorial boards. Isolated practices proved particularly disconcerting. For instance, one journal reported printing a full, single-sided copy of each of the more than two thousand electronically …
The Necessity Of Economics: The Preferential Option For The Poor, Markets, And Environmental Law, Andrew P. Morriss
The Necessity Of Economics: The Preferential Option For The Poor, Markets, And Environmental Law, Andrew P. Morriss
Andrew P. Morriss
No abstract provided.
Organophosphates, Friend And Foe: The Promise Of Medical Monitoring For Farm Workers And Their Families, Adriane J. Busby, Gabriel Eckstein
Organophosphates, Friend And Foe: The Promise Of Medical Monitoring For Farm Workers And Their Families, Adriane J. Busby, Gabriel Eckstein
Gabriel Eckstein
Millions of farm workers nation-wide who load, mix and/or apply pesticides are exposed to incredible amounts of pesticides on a daily basis. Various inefficiencies and inconsistencies in the regulatory system - including insufficient illness reporting data systems, lack of regulatory compliance and enforcement, and inadequate data and information on the chronic effects of exposure and overexposure to various pesticides - increase the likelihood that these workers will continue to be exposed to dangerous amounts of pesticides. This Article assesses the existing mechanisms designed to protect farm workers from occupational exposure to pesticides and identifies and analyzes some of the shortcomings …
Holding The United States Accountable For Environmental Damages Caused By The U.S. Military In The Philippines, A Plan For The Future, 4 Asian-Pac. L. & Pol'y J. 320 (2003), Kim D. Chanbonpin
Kim D. Chanbonpin
No abstract provided.
Global Trade Impacts: Addressing The Health, Social And Environmental Consequences Of Moving International Freight Through Our Communities, Martha Matsuoka, Andrea Hricko, Robert Gottlieb, Juan Delara
Global Trade Impacts: Addressing The Health, Social And Environmental Consequences Of Moving International Freight Through Our Communities, Martha Matsuoka, Andrea Hricko, Robert Gottlieb, Juan Delara
Martha Matsuoka
As ports and goods movement activity expands throughout the United States, a major challenge is how to make the adverse impacts of freight transportation a more central part of economic development, policy and planning discussions and transportation decision making. In 2009, faculty and staff from the Urban & Environmental Policy Institute of Occidental College and from the environmental health sciences and regional equity programs of the University of Southern California (USC) began a study of this evolving global trade and freight transportation system, focusing on areas in the United States where the system is expanding and where community, labor and …
Environmental Burdens And Democratic Justice, Gerald Torres
Environmental Burdens And Democratic Justice, Gerald Torres
Gerald Torres
To date, however, there has been relatively little academic discussion about how EPA and other federal agencies can achieve environmental justice. In addition, most legal academic literature has focused either on simply identifying the legal issues associated with race and environmental law or on developing a litigation strategy for remedying “environmental racism.” None of the legal academic literature has focused on the benefits of using an administrative framework to define or develop sustainable solutions to the distributional inequities of environmental laws. The purpose of this Article is to explain the benefits of pursuing an administrative model for change. Unlike other …
Symposium On Global Environmental Constitutionalism: An Introduction And Overview, James R. May
Symposium On Global Environmental Constitutionalism: An Introduction And Overview, James R. May
James R. May
No abstract provided.
Boundary Work In Environmental Law, Gregg P. Macey
Boundary Work In Environmental Law, Gregg P. Macey
Gregg P. Macey
This Article introduces a new approach to environmental law, which I refer to as “boundary work.” Legal scholars organize environmental law around a series of boundary disputes. These include: federalism, beginning with the matching principle and the appropriate scale of response to pollution; statutory interpretation, including federal power to regulate “waters of the United States” and air emissions beyond a facility; and the balance of equity and efficiency, often through critiques of risk borne by “fenceline” or environmental justice communities. These areas of inquiry focus on decisions that agencies make as they struggle with governable commons, protectable waters and habitats, …
Human Rights, Environmental Justice, And The North-South Divide, Carmen G. Gonzalez
Human Rights, Environmental Justice, And The North-South Divide, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental Justice, Human Rights, And The Global South, Carmen G. Gonzalez
Environmental Justice, Human Rights, And The Global South, Carmen G. Gonzalez
Carmen G. Gonzalez
From the Ogoni people devastated by oil drilling in Nigeria to the Inuit and other indigenous populations threatened by climate change, communities disparately burdened by environmental degradation are increasingly framing their demands for environmental justice in the language of environmental human rights. Domestic and international tribunals have concluded that failure to protect the environment violates a variety of human rights (including the rights to life, health, food, water, property, and privacy; the collective rights of indigenous peoples to their ancestral lands and resources; and the right to a healthy environment). Some scholars have questioned the utility of the human rights …
Energy Poverty And The Environment, Carmen G. Gonzalez
Energy Poverty And The Environment, Carmen G. Gonzalez
Carmen G. Gonzalez
Nearly 3 billion people in Asia, Africa, and Latin America (the Energy Poor) face daily hardships due to lack of modern energy for cooking, heating, sanitation, lighting, transportation, and basic mechanical power. Despite their minimal greenhouse gas emissions, the Energy Poor will be disproportionately burdened by the floods, droughts, rising sea levels, and other disturbances caused by climate change. Although climate change has been framed as an issue of climate debt and climate justice, the plight of the Energy Poor has received short shrift in the climate change negotiations. Will efforts to reduce greenhouse gas emissions consign the Energy Poor …
Bridging The North-South Divide: International Environmental Law In The Anthropocene, Carmen G. Gonzalez
Bridging The North-South Divide: International Environmental Law In The Anthropocene, Carmen G. Gonzalez
Carmen G. Gonzalez
The failure of international law and institutions to address global environmental degradation has significant implications for law and society as the planet’s ecosystems approach irreversible tipping points. According to a recent study published in the journal Science, the global economy has transgressed four of the nine “planetary boundaries” critical to the planet’s self-regulating capacity. Climate change, deforestation, species extinction, and the runoff of phosphorus and nitrogen into regional watersheds and oceans have exceeded safe biophysical thresholds. Scientists refer to the current geologic era of human-induced environmental change as the Anthropocene. These environmental problems are inextricably intertwined with patterns of trade, …