Law Commons^™

Something Stinks: The Need For Stronger Agricultural Waste Regulations, Audrey Curelop

Washington and Lee Law Review

In the twentieth century, the American agricultural industry underwent significant changes—while most food animals were once raised on small family farms, now, over fifty percent are produced entirely inside concentrated animal feeding operations. These large‑scale farming operations house hundreds to thousands of cows, swine, or chickens, which collectively produce hundreds of millions of tons of waste per year. The primary method of waste disposal is land application, a process in which waste is sprayed or spread onto land with no required pretreatment. After land application, waste byproducts make their way into the surrounding air and waterways, posing significant threats to …

Ninth Circuit Muddies The Waters Of Tribal Sovereign Immunity And The Clean Water Act In Deschutes River Alliance V. Portland Ge, Danielle Clifford

Washington Journal of Social & Environmental Justice

Throughout 2011 and 2012, members of the Deschutes River community who fish in the Lower Deschutes River in Oregon noticed a slew of significant changes to their natural environment. The Deschutes River Alliance attributed the changes to the operation of the Pelton Round Butte Hydraulic Project, which is co-owned and operated by Portland General Electric and The Confederated Tribes of the Warm Springs. In July 2016, DRA filed a Clean Water Act lawsuit against them. To rule on the alleged CWA violations, the DRA must first get past the tribal sovereign immunity hurdle. It is long-recognized that American Indian Nations …

Nature Deserves Rights, Too: The Case For A ‘Rights Of Nature’ Constitutional Amendment, Michelle Mandler

Journal of Civil Rights and Economic Development

(Excerpt)

Picture this: Every day, millions of Americans enjoy the great outdoors. People of all ages dive into cool, blue oceans and babbling rivers across the United States. Others visit local and National parks, hiking steep mountains and running through green fields sprinkled with tall trees and sweet-smelling flowers in every color. They pick and snack on apples and berries along their paths, breathing in the crisp outdoor air. Birds soar overhead. Insects buzz and flutter through the breeze. Sunshine gleams down upon the earth.

Now, picture this: The surrounding environment is actually deteriorating— silently suffering—and harming these people all …