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Articles 1 - 30 of 437
Full-Text Articles in Law
Remediation For Pfas Contamination: The Role Of Cercla Enforcement In Environmental Justice, Amanda F. Watson
Remediation For Pfas Contamination: The Role Of Cercla Enforcement In Environmental Justice, Amanda F. Watson
Georgia Law Review
PFAS are a family of manufactured chemicals that are highly persistent in the environment. Most people in the U.S. have been exposed to PFAS, but different groups of people may have higher exposure due to their environments. In recent years, peer-reviewed scientific studies have shown that PFAS are linked to numerous adverse human health effects. As a result, the U.S. Environmental Protection Agency (EPA) has taken a variety of actions to address PFAS, including proposing to designate PFOS and PFOA, two chemicals in the PFAS family, as hazardous substances under CERCLA, or Superfund. CERCLA is the primary legal mechanism in …
Climate, Clarity, Controversy: A Constitutional, Statutory, And Policy Analysis Of The Sec’S Proposed Climate Disclosure Rules, Astoneia O. Moss
Climate, Clarity, Controversy: A Constitutional, Statutory, And Policy Analysis Of The Sec’S Proposed Climate Disclosure Rules, Astoneia O. Moss
Emory Corporate Governance and Accountability Review
The burgeoning ESG movement has heightened investors’ interest in how companies steward the environment in which they operate; manage their human capital; and implement strategies to effectively manage and fulfill the desires of stakeholders. As a result, the SEC has sought to implement a mandatory climate-related disclosure regime to provide investors with public companies’ climate-related data to assist in the investment decision-making process. The proposed climate-related disclosure rule has faced criticism from businesses, politicians, and legal scholars on constitutional, statutory, and policy grounds. This Comment concludes that based on the statutory language of the Securities Act of 1933 and Securities …
Enforcing International Human Rights Law Against Corporations, Barnali Choudhury
Enforcing International Human Rights Law Against Corporations, Barnali Choudhury
All Papers
International human rights law is generally thought to apply directly to states, not to corporations since the latter is not a subject of international law. Some domestic courts are, however, enforcing these norms against corporations in domestic settings. Canadian courts have, for instance, recognized that corporations can be liable for breach of customary international law norms while UK courts have enforced international human rights norms indirectly against corporations relying on a combination of domestic corporate and tort law.
At the same time, some states are choosing to enforce international human rights norms against corporations using regulatory initiatives. These initiatives, known …
Putting The Public Back In The Public Trust Doctrine: A Reinterpretation To Advance Native Hawaiian Water Rights, Steven Hindman
Putting The Public Back In The Public Trust Doctrine: A Reinterpretation To Advance Native Hawaiian Water Rights, Steven Hindman
Washington Law Review
The public trust doctrine guarantees that the government will hold natural resources in trust and protect them for the common good. The doctrine has played a key role in the allocation of water rights, particularly for Native American and Native Hawaiian interests in the United States. State and federal courts often consider the doctrine when deciding if certain use rights should be granted. In Hawai‘i, the doctrine has taken on a particularly robust form because the State Constitution expressly provides that all public natural resources are to be held in trust for the benefit of all Hawaiians. Unfortunately, the doctrine’s …
Sackett V. U.S. Environmental Protection Agency: "Waters Of The United States" Defined By 0.63 Acres, Brian Gillis
Sackett V. U.S. Environmental Protection Agency: "Waters Of The United States" Defined By 0.63 Acres, Brian Gillis
Golden Gate University Law Review
This case note analyzes Sackett v. U.S. Env’t Prot. Agency, 8 F.4th 1075, 1080 (9th Cir. 2021), a case wherein the U.S. Court of Appeals for the Ninth Circuit set forth the proper test for determining whether wetlands are “waters of the United States” within the meaning of the Clean Water Act (33 U.S.C. §1251 et seq. (1972)). In 2007, the Sacketts had purchased a 0.63 acre lot in Idaho, obtained building permits, and began constructing a house, which resulted in the deposit of sand and gravel in areas of standing water on the property. Soon thereafter, the Environmental …
Law School News: Rake To Plate: Rwu Law Students Dive Into The Clamming Industry 10-4-2023, Grace Boland
Law School News: Rake To Plate: Rwu Law Students Dive Into The Clamming Industry 10-4-2023, Grace Boland
Life of the Law School (1993- )
No abstract provided.
Free, Prior Informed Consent And Extractive Industry: Indigenous Action Is The Past, Present, And Future Of Global Environmental Justice, Paige Bellamy
Environmental and Earth Law Journal (EELJ)
Free, Prior Informed Consent ("FPIC") from the UN Declaration on the Rights of Indigenous Peoples has been central to global Indigenous action against extractive industries’ harmful practices. Yet, it is often not fully recognized as a sovereign right, which hinders Indigenous peoples’ ability to use it to its full potential. Historically, FPIC has been deemed a consultation right, not a right to “veto” industry action on Indigenous land. Countries that have interpreted FPIC as a mere consultation right have allowed further exploitation of Indigenous peoples, usually leading to environmental and humanitarian disasters. However, when courts have respected the right to …
Soaps And Shampoos: Proposals To Reform Regulation In The United States Personal Care Market To Decrease Deforestation From Palm Oil Imports, Kelsey Weston
Environmental and Earth Law Journal (EELJ)
Palm oil is the world's most highly sought-after vegetable oil due to its multifaceted uses and cheap cost of production. However, producing this versatile oil comes at a high cost to one of the largest biodiversity on the planet. Over the last two centuries, Indonesia and Malaysia have become the main producers and exporters of palm oil but they are also home to the largest number of mammal species in the world that have seen a staggering decline in populations. Furthermore, palm oil production has caused excessive release of greenhouse gases, increased disruption of forestland, and economic poverty for smallholders …
Unclos, Undrip & Tartupaluk: The Grim Tale Of Hans Isle And Graense, Christopher Mark Macneill
Unclos, Undrip & Tartupaluk: The Grim Tale Of Hans Isle And Graense, Christopher Mark Macneill
Sustainable Development Law & Policy
“Inuit have lived in the Arctic from time immemorial.” The Arctic, in the face of climate change, has become a hot spot for exploration, resource extraction, and increased shipping and scientific activity. “[The] Inuit . . . have had a common and shared use of the sea area and the adjacent coasts” among their own communities, and contemporaneously with the world. This vast circumpolar Inuit Arctic region includes land, sea, and ice stretching from eastern Russia (Chukotka region) across the Berring Strait, to Alaska, the Canadian Arctic, and Greenland, representing an Inuit homeland known as Nunaat. Hans Isle, a small …
The End Externalities Manifesto: Restatement, Loose Ends, And Unfinished Business, J.B. Ruhl
The End Externalities Manifesto: Restatement, Loose Ends, And Unfinished Business, J.B. Ruhl
Pace Environmental Law Review
Professor J.B. Ruhl observes in his article, “The End Externalities Manifesto: Restatement, Loose Ends, and Unfinished Business,” that Elliott and Esty’s proposal for a rights-centric system of environmental law focuses narrowly on a right to recover compensation for harms to human health caused by pollution. He offers suggestions for implementing that proposal, such as using the concept of ecosystem services to trace how harm to ecosystems can cause harm to human health, and he proposes how Elliott and Esty could extend their rights-centric system to a broader conception of human rights and the environment.
Natural Resource Systems And The Evolution Of Environmental Law, Monika Ehrman
Natural Resource Systems And The Evolution Of Environmental Law, Monika Ehrman
Pace Environmental Law Review
Professor Monika Ehrman provides a pragmatic response to Elliott and Esty’s proposal to end all environmental externalities, which she refers to as an “environmental law moonshot.” She examines the value of transforming environmental law and dreaming big as Elliott and Esty recommend, while discussing the practical considerations of doing so. Her considerations include incentivizing technological advancement, compensating environmentally harmed communities to address systemic issues, and breaking down silos in environmental law.
A Balanced Prescription For More Effective Environmental Regulations, W. Kip Viscusi
A Balanced Prescription For More Effective Environmental Regulations, W. Kip Viscusi
Pace Environmental Law Review
Government agencies increasingly base the structure and approval of environmental regulations on a benefit-cost test. For regulations that pass this test, total benefits exceed total costs. Under a benefit-cost framework, the degree of regulatory stringency is set at an economically efficient level whereby the tightness of the regulation is increased up to the point where the incremental benefits equal the incremental costs. Setting regulatory standards to achieve the efficient degree of pollution control does not fully discourage entry into polluting industries, provide compensation to those harmed by pollution, or establish meaningful incentives for effective enforcement. This article proposes that the …
Marine Law Symposium: Can Offshore Wind Development Have A Net Positive Impact On Biodiversity? Regulatory And Scientific Perspectives And Considerations April 20-21, 2023, Roger Williams University School Of Law Marine Affairs Institute, The Nature Conservancy
Marine Law Symposium: Can Offshore Wind Development Have A Net Positive Impact On Biodiversity? Regulatory And Scientific Perspectives And Considerations April 20-21, 2023, Roger Williams University School Of Law Marine Affairs Institute, The Nature Conservancy
School of Law Conferences, Lectures & Events
No abstract provided.
The Constitutionality Of Contributing To Climate Change, Madeline Troxell
The Constitutionality Of Contributing To Climate Change, Madeline Troxell
Brigham Young University Prelaw Review
Despite the issue of human-caused climate change being upheld by science for decades, topics of its legitimacy, relevance, and repercussions are still debated heavily today. In an attempt to argue for their constitutional right to a safe and livable climate, 21 young plaintiffs have sued the federal government for its affirmative action increasing America’s dependency on fossil fuels, thus exacerbating the climate crisis. The obstacles facing their case can be reduced to an argument concerning the courts jurisdiction over climate issues. This article will argue that the plaintiff's case is centered around the civil rights of children, and thus the …
Marine Law Symposium: Can Offshore Wind Development Have A Net Positive Impact On Biodiversity? Regulatory And Scientific Perspectives And Considerations, April 20-21, 2023, Roger Williams University School Of Law
Marine Law Symposium: Can Offshore Wind Development Have A Net Positive Impact On Biodiversity? Regulatory And Scientific Perspectives And Considerations, April 20-21, 2023, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Speculative Constitutions In Ursula K. Le Guin’S Hainish Cycle And The Rights Of Nature, Ted Hamilton
Speculative Constitutions In Ursula K. Le Guin’S Hainish Cycle And The Rights Of Nature, Ted Hamilton
Faculty Journal Articles
This paper examines two speculative examinations of humanity as a unified species and agent of ecological change: Ursula K. Le Guin’s Hainish Cycle and the rights of nature movement. Le Guin’s Cycle imagines the slow interplanetary reintegration of human polities against a backdrop of cultural and environmental difference. I read the novels of the Cycle as an allegory for the rights of nature movement, which seeks to synthesize traditional and modern knowledge in a legal solution to ecological crisis. Both discourses, I argue, productively imagine a new historical understanding of humanity’s place on Earth, but they provide a weak theory …
Protecting The Ocean - Moving Forward At 50: London Convention/Protocol And Stockholm Declaration, Fiftieth Anniversary Proceedings, Ronán Long, José Manuel Pacheco Castillo, Elnaz Barjandi, Ríán Derrig, Linda Del Savio, Dorothee Seybold, Andrew Birchenough, Fredrik Haag
Protecting The Ocean - Moving Forward At 50: London Convention/Protocol And Stockholm Declaration, Fiftieth Anniversary Proceedings, Ronán Long, José Manuel Pacheco Castillo, Elnaz Barjandi, Ríán Derrig, Linda Del Savio, Dorothee Seybold, Andrew Birchenough, Fredrik Haag
Conference Papers
Fifty years have elapsed since environmental concerns were brought to the fore of the international community’s attention. The year 2022 marks the 50th anniversary of the adoption of the London Convention and the Stockholm Declaration, two landmark international instruments that set a path towards the current international environmental regulatory framework. The International Maritime Organization and the World Maritime University hosted the joint International Academic Conference ‘Protecting the Ocean – Moving forward at 50: London Convention and Stockholm Declaration’ with the aim of raising awareness, discussing ocean-climate-related topics, and charting new avenues for impactful future research and policy initiatives. This report …
Domestic Emergency Pretexts, Amy L. Stein
Domestic Emergency Pretexts, Amy L. Stein
Indiana Law Journal
Whereas emergencies used to be the exception to the rule, they now seem to be the norm. Wildfires, hurricanes, flooding, and contagious diseases dominate our daily lives. Although these are not the traditional types of military emergencies of our past, these non-wartime emergencies can trigger some of the same emergency powers. And with their use comes some of the same concerns about abuses of such emergency powers. Much ink has been spilled analyzing the tradeoffs associated with necessary emergency powers and frequent abuses in the context of foreign threats—resulting in reduced privacy, civil liberties, and freedoms.
This Article is not …
La Responsabilidad Internacional De Los Estados Por Violaciones A Los Derechos Humanos Como Consecuencia Del Cambio Climatico: El Rol Del Sistema Interamericano De Proteccion De Derechos Humanos, Jose Daniel Rodriguez Orue
La Responsabilidad Internacional De Los Estados Por Violaciones A Los Derechos Humanos Como Consecuencia Del Cambio Climatico: El Rol Del Sistema Interamericano De Proteccion De Derechos Humanos, Jose Daniel Rodriguez Orue
American University International Law Review
El fenómeno del cambio climático es una de las mayores amenazas para la garantía y protección de los derechos humanos a nivel global. Las consecuencias adversas del cambio climático, tales como incremento en el nivel del mar, el aumento de eventos meteorológicos extremos, la perdida de biodiversidad y las sequías, son susceptibles de ocasionar varias violaciones a los derechos humanos en las Américas. Estas violaciones a los derechos humanos se manifiestan con mayor intensidad en determinados grupos poblacionales que se encuentran expuestos de forma desproporcionada a la degradación medioambiental debido a su vinculación especial con los recursos naturales, pero también, …
The Gendered Face Of Climate Change: Exploring The Impact Of Climate Change On Gender-Based Violence And The Role Of State And Non-State Actors In Effecting Climate Justice, Hannah Wilson
American University International Law Review
Climate change affects men and women differently. While some individual women may be less vulnerable to climate change than some men, the global perpetuation of discrimination, inequality, patriarchal structures, and systematic barriers contribute to an overall higher risk of women experiencing harmful effects of climate change. International human rights law prohibits discrimination on the basis of gender. However, in practice, systematic discrimination, harmful stereotypes, and social, economic and political barriers related to gender can lead to varied climate change impacts with respect to health, food security, livelihoods and human mobility, and more, which may significantly limit women’s and girls’ adaptive …
Criminalizing Environmental Degradation And Devastation: New Prospects For The Icc Rome Statute, Kelly Pisimisi
Criminalizing Environmental Degradation And Devastation: New Prospects For The Icc Rome Statute, Kelly Pisimisi
American University International Law Review
Over the last decade, steadily increasing voices are ringing the tocsin to the international community for the impact of human activities on climate and their potential consequences on human life and dignity. The Intergovernmental Panel on Climate Change (IPCC), in its recent (6th) Assessment Report, confirmed this assertion. Greenhouse gas concentrations and emissions (particularly CO2), as well as the retreat of arctic glaciers and the subsequent sea level rise causing—among other issues—the acidification of the oceanic waters, are some of the most evident human-induced implications on climate and the environment.
La Limitacion De Los Derechos Humanos En La Lucha Contra El Cambio Climatico: El Caso De Los Derechos Culturales De Las Porlaciones Indigenas Y La Energia Hidroelectrica De Embalse En America Latina, Sebastian Sauter Odio
La Limitacion De Los Derechos Humanos En La Lucha Contra El Cambio Climatico: El Caso De Los Derechos Culturales De Las Porlaciones Indigenas Y La Energia Hidroelectrica De Embalse En America Latina, Sebastian Sauter Odio
American University International Law Review
El cambio climático es el resultado de la emisión de gases de efecto invernadero (GEI) producto de actividades antropogénicas. Al ser el sector energético el mayor contribuyente de GEI a nivel mundial, los esfuerzos para mitigar el cambio climático deben comprender la transformación de la matriz energética, hoy basada prioritariamente en la combustión de hidrocarburos, a una que involucre una mayor participación de las energías renovables.
One Choice Is No Choice At All: Indonesia Is Violating The International Covenant On Civil And Political Rights By Requiring Political Parties To Adhere To Its National Ideology Of Pancasila, Daniel Brezina
American University International Law Review
This Comment argues that Indonesia is violating Articles 1, 18, 22, 25, and 27 of the International Covenant on Civil and Political Rights by requiring that all political parties adhere to its national ideology of Pancasila. This Comment will introduce the ideology of Pancasila and explain how Indonesia came to require political parties to adhere to the ideology. This Comment will also explain what rights the ICCPR guarantees and introduce the UN Human Rights Committee, which is tasked with monitoring signatories’ compliance with the ICCPR. This Comment will explain how Indonesia’s requirement violates several Articles of the ICCPR, including how …
Democracy Dies In Broad Daylight: How The Philippines' Halted Media Speech Despite Its Commitment To The Iccpr, Alexis Mozeleski
Democracy Dies In Broad Daylight: How The Philippines' Halted Media Speech Despite Its Commitment To The Iccpr, Alexis Mozeleski
American University International Law Review
A primary initiative of the Philippines’ Rodrigo Duterte’s presidency was the national campaign against drug users and criminals. During the turbulent period that was Duterte’s presidency, journalists who published dissenting views on the drug war frequently became targets of Duterte’s administration, which came in the form of frivolous charges, arrests, banning media outlets, or in some instances, murder. This Comment argues that the Philippines violated international law protections of freedom of expression as codified in Article 19 of the International Covenant on Civil and Political Rights. As a party to this treaty, the Philippines, under Duterte’s administration, unjustifiably restricted speech …
When The Race To Net Zero Becomes A Race To The Bottom: Human Rights Violations In The Renewable Energy Transition And The Extraterritorial Obligation To Protect Human Rights, Yogi Bratajaya
American University International Law Review
Recent reports published by the Intergovernmental Panel on Climate Change (IPCC) have shed light on and confirmed the extent of damages that will result if the world fails to keep global warming below 2°C. Irreversible adverse impacts on our ecosystems and the increasing frequency and intensity of natural disasters will have a significant negative effect on the enjoyment of human rights worldwide. Climate change is already affecting food security through increasing temperatures, changing precipitation patterns, and greater frequency of some extreme events. Additionally, the deteriorating conditions caused by climate change will cause millions of people to leave their homes and …
No Alternative: The Failure Of The Minnesota Environmental Policy Act To Consider Project Alternatives And Proposed Remedies, Kevin Swanberg
No Alternative: The Failure Of The Minnesota Environmental Policy Act To Consider Project Alternatives And Proposed Remedies, Kevin Swanberg
Mitchell Hamline Law Review
No abstract provided.
A Brief Legal History Of Wisconsin Conservation, Jason J. Czarnezki, Carolyn Drell
A Brief Legal History Of Wisconsin Conservation, Jason J. Czarnezki, Carolyn Drell
Marquette Law Review
The State of Wisconsin’s longstanding conservation ethic includes the passage of the Conservation Education Statute, which required conservation of natural resources be taught in public schools, and the creation of “Earth Day.” However, a lack of recent interest and scholarship in Wisconsin’s important conversation history and development of conservation law has driven us to write this Article which offers a brief legal history of Wisconsin conservation— how the state’s conservation values were expressed in law, how its natural resources law has evolved and what that has (and has not) embodied, and how Wisconsin helps us define modern concepts of “conservation.” …
Are The Mdbs Accountable? Reflecting On The Independent Accountability Mechanisms Of The Multilateral Development Banks, Susan Park
Perspectives
The International Accountability Mechanisms of the Multilateral Development Banks provide important insights into how to hold intergovernmental organizations to account for their environmental and social impacts. This perspective identifies how the IAMs hold the Banks to account according to the six standard questions of accountability: who is accountable, to whom, for what are they accountable, and what are the standards, processes, and sanctions employed to demonstrate that the MDBs are accountable. This highlights what the IAMs can and cannot hold the MDBs to account for, and how this might shape further international grievance mechanisms for people seeking to defend their …
Stakeholderism Silo Busting, Aneil Kovvali
Stakeholderism Silo Busting, Aneil Kovvali
Articles by Maurer Faculty
The fields of antitrust, bankruptcy, corporate, and securities law are undergoing tumultuous debates. On one side in each field is the dominant view that each field should focus exclusively on a specific constituency—antitrust on consumers, bankruptcy on creditors, corporate law on shareholders, and securities regulation on financial investors. On the other side is a growing insurgency that seeks to broaden the focus to a larger set of stakeholders, including workers, the environment, and political communities. But these conversations have largely proceeded in parallel, with each debate unfolding within the framework and literature of a single field. Studying these debates together …
Legal Mechanisms For Protecting The Earth From Climate Change: An Analysis Of Limitations, Current Trends And Emerging Alternatives, Abby Mei Frazier
Legal Mechanisms For Protecting The Earth From Climate Change: An Analysis Of Limitations, Current Trends And Emerging Alternatives, Abby Mei Frazier
Senior Projects Spring 2023
This thesis examines the obstacles that make environmental protection challenging to litigate, particularly in the context of climate change, and identifies the underlying reasons for these obstacles. I emphasize the significance of preserving nature and provide a historical overview of environmental conservation. Despite the pressing nature of climate change and environmental degradation, legal efforts to combat these issues have often yielded unsatisfying results due to a lack of transparency, accountability, and fair power dynamics. This study examines four U.S. climate litigation cases under the Freedom of Information Act, revealing a consistent pattern of inadequate transparency and accountability that creates an …