Digital Commons Network^™

Spatial Justice: Deductions, Demonstrations, And Derivations, Fabio Capra-Ribeiro

Faculty Publications

No abstract provided.

Intersectional Management: An Analysis Of Cooperation And Competition On American Public Lands, Robin M. Rotman, Abigail M. Hunt

Faculty Publications

The United States government holds public lands in trust for the whole of the American people. This article focuses on National Monuments under the Antiquities Act. It argues that the federal government should renew its approach to the management of these lands by incorporating principles of environmental justice and long- term environmental viability. The article begins by examining the historical and legal foundations of federal lands in the United States, with a focus on the Antiquities Act. It then reflects on recent litigation and political controversy surrounding Bears Ears National Monument and Grand Staircase–Escalante National Monument, to illustrate how the …

The Clinic As A Site Of Grounded Pedagogy, Madalyn K. Wasilczuk

Faculty Publications

Legal education tends to focus on teaching students federal law from hefty casebooks, inculcating the ability to "think like lawyers." In a sea of Socratic lectures and hypotheticals, students often take refuge in clinics as an island of practical skills-building, client centeredness, and individual fulfillment. Yet even clinics sometimes fail to highlight for students how the place where they practice, with its particular political context and history, shapes their clients' lives and legal problems. This Article describes the law school clinic as a site of grounded pedagogy: a teaching method that centers the con­nection between local history and the present …

Resurfacing Sovereignty: Who Regulates Surface Mining In Indian Country After Mcgirt?, Robin M. Rotman, Sam J. Carter

Faculty Publications

This article examines disputes over surface mining jurisdiction on the Muscogee (Creek) Nation Reservation post-McGirt and the larger implications for sovereignty and environmental justice in Indian Country that follow. Part II summarizes the history of federal, state, and tribal relations and provides an analysis of the McGirt decision and its potential impacts on natural resource issues. Part III offers an examination of jurisdictional uncertainties post-McGirt through an in-depth discussion of the Surface Mining Control and Reclamation Act and the State of Oklahoma v. United States Department of the Interior case. Drawing from the examination of surface mining regulation, Part IV …

The Role Of A Green Bank In South Carolina: A Market & Feasibility Assessment, Jory Fleming, Claire Windsor

Faculty Publications

A market and feasibility report that explores the role of a green bank in South Carolina. This report is the culmination of a multi-year process that included a comprehensive market assessment and interviews with over 60 organizations across South Carolina. It demonstrates that a green bank could play a vital role in South Carolina by creating a dedicated institution working to accelerate the flow of capital to projects that seek to reduce carbon pollution and increase resilience to climate impacts.

Precautionary Ratemaking, Jonas J. Monast

Faculty Publications

For more than one hundred years, states have relied on ratemaking to ensure that electric utilities deliver affordable and reliable power to their customers. This process helped keep costs down, but it also produced an electricity system that is a cause of, and vulnerable to, some of the most pressing challenges now facing society: climate change, catastrophic wildfires, extreme storms, and air and water pollution.

This Article argues that risk regulation is an alternate legal foundation for interpreting bedrock principles of ratemaking, such as prudency, reasonableness, least cost, and the public interest. The traditional economic regulator view of ratemaking evaluates …

Public Investment In Climate Resiliency: Lessons From The Law And Economics Of Natural Disasters, Donald T. Hornstein

Faculty Publications

This Article takes issue with an important claim in the public choice and climate disaster literature: that American political markets will not allow appropriate investments in disaster preparedness and prevention, even when those investments are cost-benefit bargains. The claim is significant because the costs of climate disasters in the twenty-first century are estimated to be in the trillions of dollars due to the presence of legacy greenhouse gases in the atmosphere. Thus, even assuming a sustained, successful global campaign to limit future greenhouse gases, the ingredients for decades of droughts, wildfires, storms, and floods are already locked into the atmosphere. …

Rural Estrangement And The Regulatory State, Ann M. Eisenberg

Faculty Publications

In today’s polarized social and political climate, rural alienation from government is often dismissed as “just more politics” or a symptom of problematic cultural norms. This Article takes rural disaffection from government seriously, with a focus on rural relationships with the federal regulatory state. The Article argues that rural disaffection from the regulatory state is not solely a cultural or political phenomenon among white conservatives. Rural disaffection is also a broader structural issue that stems in part from the regulatory state’s crisis of legitimacy.

Two factors show that rural disaffection from the regulatory state is more diffuse and profound than …

The Impact Of Climate Change On Virginia's Coastal Areas, Jonathan L. Goodall, Antonio Elias, Elizabeth Andrews, Christopher "Kit" Chope, John Cosgrove, Jason El Koubi, Jennifer Irish, Lewis L. Lawrence Iii, Robert W. Lazaro Jr., William H. Leighty, Mark W. Luckenbach, Elise Miller-Hooks, Ann C. Phillips, Henry Pollard V, Emily Steinhilber, Charles Feigenoff, Jennifer Sayegh

Faculty Publications

As part of HJ47/SJ47 (2020), the Virginia General Assembly directed the Joint Commission on Technology and Science (JCOTS) to study the “safety, quality of life, and economic consequences of weather and climate-related events on coastal areas in Virginia.” In pursuit of this goal, the commission was to “accept any scientific and technical assistance provided by the nonpartisan, volunteer Virginia Academy of Science, Engineering, and Medicine (VASEM). VASEM convened an expert study board with representation from the Office of the Governor, planning district commissions in coastal Virginia, The Port of Virginia, the Virginia Economic Development Partnership, state universities, private industry, and …

Ecosytem Services: Delivering Decision-Making For Salt Marshes, Philine S. E. Zu Ermgassen, Ronald Baker, Michael W. Beck, Kate Dodds, Sophus O. S. E. Zu Ermgassen, Debbrota Mallick, Matthew D. Taylor, R. Eugene Turner

Faculty Publications

No abstract provided.

Black Urban Ecologies And Structural Extermination, Etienne C. Toussaint

Faculty Publications

Residents of low-income, metropolitan communities across the United States frequently live in “food apartheid” neighborhoods—areas with limited access to nutrient-rich and fresh food. Local government law scholars, poverty law scholars, and political theorists have long argued that structural racism embedded in America’s political economy influences the uneven development of such Black urban ecologies. Accordingly, food justice scholars have called for local governments to develop urban agricultural markets that combat racism in global corporatized food systems by localizing food development. These demands have only amplified during the COVID-19 pandemic, which has ravaged Black communities where residents suffer from preexisting health conditions …

The Bounds Of Energy Law, Shelley Welton

Faculty Publications

U.S. energy law was born of fossil fuels. Consequently, our energy law has long centered on the material and legal puzzles that bringing fossil fuels to market presents. Eliminating these same carbon-producing energy sources, however, has emerged as perhaps the most pressing material transformation needed in the twenty-first century—and one that energy law scholarship has rightfully embraced. Yet in our admirable quest to aid in this transformation, energy law scholars are largely writing into the field bequeathed to us, proposing changes that tweak, but do not fundamentally challenge, last century’s tools for managing the extraction, transport, and delivery of fossil …

Power Sector Carbon Reduction: An Evaluation Of Policies For North, Kate Konschnik, Martin Ross, Jonas J. Monast, Jennifer Weiss, Gennelle Wilson

Faculty Publications

The North Carolina power sector is poised for transition. Economics have driven big changes on the grid, making cleaner options for electricity generation cost competitive with traditional resources. North Carolina clean energy policies have further enabled the shift into renewable resources. Building on this momentum, Duke Energy Corporation and our state’s rural electric cooperatives have set ambitious climate goals, including “net zero” carbon emissions by 2050.

Well-designed policies can accelerate pollution reduction, make change more affordable for state residents and business, and stimulate job growth. For this reason, the North Carolina Clean Energy Plan (CEP)—developed pursuant to Governor Cooper’s Executive …

Parkindex: Validation And Application Of A Pragmatic Measure Of Park Access And Use, Andrew T. Kaczynski, S. Morgan Hughey, Ellen W. Stowe, Marilyn E. Wende, J. Aaron Hipp, Elizabeth L. Oliphant, Jasper Schipperijn

Faculty Publications

Composite metrics integrating park availability, features, and quality for a given address or neighborhood are lacking. The purposes of this study were to describe the validation, application, and demonstration of ParkIndex in four diverse communities. This study occurred in Fall 2018 in 128 census block groups within Seattle(WA), Brooklyn(NY), Raleigh(NC), and Greenville County(SC). All parks within a half-mile buffer were audited to calculate a composite park quality score, and select households provided data about use of proximal parks via an online, map-based survey. For each household, the number of parks, total park acreage, and average park quality score within one …

Uncertain Regional Urbanism In Venezuela. Government, Infrastructure And Environment, Fabio Capra-Ribeiro

Faculty Publications

Uncertain Regional Urbanism in Venezuela explores the changes cities face when they become metropolises, forming expanding regions which create both potential and problems within settlements. To do so, it focuses on three metropolitan areas located in Venezuela’s Center-North region: Caracas, Maracay and Valencia, designated as "Camava."

Considering three core topics, government and territorial administration, infrastructure and environment, as well as looking at the reciprocal impact, this book describes and analyzes the determinant variables that characterize the phenomenon of regional urbanization in this area and in the wider Global South. It includes documentary research, semi-structured interviews and Delphi methodology, involving a …

Framework For A Community Health Observing System For The Gulf Of Mexico Region: Preparing For Future Disasters, Paul Sandifer, Landon Knapp, Maureen Lichtveld, Ruth Manley, David Abramson, Rex Caffey, David Cochran, Tracy Collier, Kristie Ebi, Lawrence Engel, John Farrington, Melissa Finucane, Christine Hale, David Halpern, Emily Harville, Leslie Hart, Yulin Hswen, Barbara Kirkpatrick, Bruce Mcewen, Glenn Morris, Raymond Orbach, Lawrence Palinkas, Melissa Partyka, Dwayne Porter, Aric A. Prather, Teresa Rowles, Geoffrey Scott, Teresa Seeman, Helena Solo-Gabriele, Erik Svendsen, Terry Tincher, Juli Trtanj, Ann Hayward Walker

Faculty Publications

© Copyright © 2020 Sandifer, Knapp, Lichtveld, Manley, Abramson, Caffey, Cochran, Collier, Ebi, Engel, Farrington, Finucane, Hale, Halpern, Harville, Hart, Hswen, Kirkpatrick, McEwen, Morris, Orbach, Palinkas, Partyka, Porter, Prather, Rowles, Scott, Seeman, Solo-Gabriele, Svendsen, Tincher, Trtanj, Walker, Yehuda, Yip, Yoskowitz and Singer. The Gulf of Mexico (GoM) region is prone to disasters, including recurrent oil spills, hurricanes, floods, industrial accidents, harmful algal blooms, and the current COVID-19 pandemic. The GoM and other regions of the U.S. lack sufficient baseline health information to identify, attribute, mitigate, and facilitate prevention of major health effects of disasters. Developing capacity to assess adverse human …

Racial Disparities In Air Pollution Burden And Covid-19 Deaths In Louisiana, Usa, In The Context Of Long-Term Changes In Fine Particulate Pollution, Kimberly A. Terrell, Wesley James

Faculty Publications

Black Americans in Louisiana are disproportionately dying from COVID-19, and environmental disparities may be contributing to this injustice. While Black communities in Louisiana's industrialized regions (e.g., Cancer Alley, Calcasieu Parish) have been overburdened with pollution for decades, this disparity has not been evaluated by using recent data. Here, we explore statewide relationships among air pollution burden, race, COVID-19 death rates, and other health/socioeconomic factors. Measures of pollution burden included satellite-derived particulate matter (PM2.5) concentrations and health risks from toxic air pollution (i.e., respiratory hazard [RH] and immunological hazard [IH], estimated by the Environmental Protection Agency). In addition, we evaluate changes …

Addressing The Social Vulnerability Of Mississippi Gulf Coast Vietnamese Community Through The Development Of Community Health Advisors, Susan Mayfield-Johnson, Danielle Fastring, Daniel Le, Jane Nguyen

Faculty Publications

Background:Resiliency is the ability to prepare for, recover from, and adapt to stressors from adverse events. Social vulnerabilities (limited access to resources, political power, and representation; lack of social capital; aspects of the built environment; health inequities; and being in certain demographic categories) can impact resiliency. The Vietnamese population living along the Mississippi Gulf Coast is a community that has unique social vulnerabilities that impact their ability to be resilient to adverse events. Objectives: The purpose of this project was to address social vulnerability by implementing and evaluating a volunteer Community Health Advisor (CHA) project to enhance community resiliency in …

Framework For Implementing Socially Just Climate Adaptation (Post-Print), Jeffrey T. Malloy, Catherine M. Ashcraft

Faculty Publications

The previous two decades of scholarship devoted to the role of social justice in climate change adaptation has established an important theoretical basis to evaluate the concept of just adaptation, or, in other words, how the implementation of climate adaptation policy affects socially vulnerable groups. This paper synthesizes insights from relevant literature on urban climate change governance, climate adaptation, urban planning, social justice theory, and policy implementation to develop three propositions concerning the conditions that must occur to implement just adaptation. First, just adaptation requires the inclusion of socially vulnerable as full participants with agency to shape the decisions that …

The Role Of Climate Change Education On Individual Lifetime Carbon Emissions, Eugene Cordero, Diana Centeno Delgado, Anne Marie Todd

Faculty Publications

Strategies to mitigate climate change often center on clean technologies, such as electric vehicles and solar panels, while the mitigation potential of a quality educational experience is rarely discussed. In this paper, we investigate the long-term impact that an intensive one year university course had on individual carbon emissions by surveying students at least five years after having taken the course. A majority of course graduates reported pro-environmental decisions (i.e., type of car to buy, food choices) that they attributed at least in part to experiences gained in the course. Furthermore, our carbon footprint analysis suggests that for the average …

Identity: Obstacles And Openings, Osamudia James

Faculty Publications

No abstract provided.

The Persistence Of High Energy Burdens: A Bibliometric Analysis Of Vulnerability, Poverty, And Exclusion In The United States, M A. Brown, A Soni, A D. Doshi, C King, M A. Brown

Faculty Publications

Using bibliometric methods, we examine the persistently high energy bills borne by low-income households in the U.S. This is a mystifying problem in today's age of abundant and low-priced electricity and fossil fuels. After decades of energy-efficiency programs and targeted policies, the average low-income household still spends a disproportionately large percentage of its income on energy bills. Issues of equity, race and justice are increasingly linked to the problem of persistent energy burdens. In the complex ecosystem of stakeholders that influence energy burden, key gaps still exist in the understanding of causes and solutions. In particular, limited research has examined …

Tempered Radicalism And Intersectionality: Scholar-Activism In The Neoliberal University, Jennifer Richter, Flora Farago, Beth Blue Swadener

Faculty Publications

Using a collaborative critical personal narrative methodology grounded in intersectionality, we interrogated tensions in identifying ourselves as tempered radicals and scholar-activists who were involved in a local university-community activist organization. We assert the value of informal activist spaces within the university and identify issues related to the lack of recognition of scholar-activism as legitimate scholarship, including the paradox of universities as colonizing and liberatory spaces for community engagement and activism. Our themes highlight how mentorship affects scholar-activism and how activism transforms and disrupts the neoliberal university. Yet, activism is rendered invisible, making homeplaces for scholar-activism critical for students, faculty, staff, …

Pollution And Polluter Pays, Aaron Lercher

Faculty Publications

No abstract provided.

Framework For A Community Health Observing System For The Gulf Of Mexico Region: Preparing For Future Disasters, P Sandifer, L Knapp, M Lichtveld, R Manley, P Sandifer, R Caffey, D Cochran, T Collier, K Ebi, L Engel, J Farrington, M Finucane, C Hale, D Halpern, E Harville, L Hart, Y Hswen, B Kirkpatrick, B Mcewen, G Morris, R Orbach, L Palinkas, M Partyka, D Porter, G Prather, T Rowles, G Scott, T Seeman, H Solo-Gabriele, E Svendsen, T Tincher, J Trtanj, A H. Walker, R Yehuda

Faculty Publications

The Gulf of Mexico (GoM) region is prone to disasters, including recurrent oil spills, hurricanes, floods, industrial accidents, harmful algal blooms, and the current COVID-19 pandemic. The GoM and other regions of the U.S. lack sufficient baseline health information to identify, attribute, mitigate, and facilitate prevention of major health effects of disasters. Developing capacity to assess adverse human health consequences of future disasters requires establishment of a comprehensive, sustained community health observing system, similar to the extensive and well-established environmental observing systems. We propose a system that combines six levels of health data domains, beginning with three existing, national surveys …

The Ends And Means Of Decarbonization: The Green New Deal In Context, Jonas J. Monast

Faculty Publications

Disputes about climate policy involve much more than whether or not to reduce greenhouse gas emissions. There is general agreement among proponents of climate policy that strategies should be cost effective, address distributional impacts, and incentivize investments in low-carbon technologies. Yet disagreements abound regarding additional goals of climate policy design.

Decarbonizing the economy means changing the sources of energy we use, how we transport people and products, how we produce food, and which resources we consume. Yet even among proponents of federal climate legislation there is strong disagreement regarding policy instruments. Recent proposals for a revenue-neutral carbon tax and a …

Responsible Devolution Of Affordable Housing, Andrea Boyack

Faculty Publications

The federal government has been heavily involved in promoting housing affordability since the 1930s and continues to have a critical role to play. Over the past several decades, the federal government has financed affordability by promoting development and income subsidies, but specific allocation decisions have devolved. Housing inequities can best be addressed locally, but only if localities are held to high standards of fairness and regional coordination is facilitated. Successful and sustainable local solutions to housing affordability will also require a substantial financial investment, one that the federal government can and should reliably and adequately provide. Each year, Congress permits …

Associations Among Neighborhood Socioeconomic Deprivation, Physical Activity Facilities, And Physical Activity In Youth During The Transition From Childhood To Adolescence, Morgan N. Clennin, Min Lian, Natalie Colabianchi, Andrew Kaczynski, Marsha Dowda, Russell R. Pate

Faculty Publications

Background: This study aims to examine the longitudinal association of neighborhood socioeconomic deprivation (SED) with physical activity in youth during the transition from elementary to middle school, and to determine if access to physical activity facilities moderates this relationship. Methods: Data were obtained from the Transitions and Activity Changes in Kids (TRACK) study, which was a multilevel, longitudinal study designed to identify the factors that influence changes in physical activity as youth transition from elementary to middle school. The analytic sample for the current study included 660 youth with complete data in grades 5 (baseline) and 7 (follow-up). A repeated …

Impacts Of Experimental Flooding On Microbial Communities And Methane Fluxes In An Urban Meadow, Baton Rouge, Louisiana, Gary M. King, Katherine Henry

Faculty Publications

© 2019 King and Henry. The impacts of extended flooding on microbial communities and their activities in natural and agricultural wetlands have been well-documented, but there is little basis for predicting the responses of urban soil microbial communities to infrequent, short-term flooding. To assess these responses, surface soil samples (0–1 cm) and intact soil cores (10 cm depth) were collected from an urban meadow in Baton Rouge, LA subsequent to an unprecedented flood during August 2016. During the flood, a topographically low region of the meadow (LM) was inundated for at least several days, while an elevated area (upper meadow …

Clean Energy Justice: Charting An Emerging Agenda, Shelley Welton, Joel Eisen

Faculty Publications

The rapid transition to clean energy is fraught with potential inequities. As clean energy policies ramp up in scale and ambition, they confront challenging new questions: Who should pay for the transition? Who should live next to the industrial-scale wind and solar farms these policies promote? Will the new “green” economy be a fairer one, with more widespread opportunity, than the fossil fuel economy it is replacing? Who gets to decide what kinds of resources power our decarbonized world? In this article, we assert that it is useful to understand these challenges collectively, as part of an emerging agenda of …