Law Commons^™

The Legal Case For Equity In Local Climate Action Planning, Amy E. Turner

Sabin Center for Climate Change Law

Over the last half decade, local climate action plans have regularly come to incorporate considerations of racial and socioeconomic equity, recognizing the ways in which low-income communities and communities of color experience earlier and worse consequences from global warming, and these communities are also at risk of being harmed by policies meant to address climate change. Until now, however, the discourse on equity in climate action planning has largely pertained to policy; it acknowledges the disproportionate harm that certain communities experience as a result of climate change and policies to address climate change, and suggests policy tools that can address …

Law Library Blog (March 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Strengthening A One Health Approach To Emerging Zoonoses, Samira Mubareka, John Amuasi, Arinjay Banerjee, Hélène Carabin, Joe Copper Jack, Claire Jardine, Bogdan Jaroszewicz, Greg Keefe, Jonathon Kotwa, Susan Kutz, Deborah Mcgregor, Anne Mease, Lily Nicholson, Katarzyna Nowak, Brad Pickering, Maureen Reed, Johanne Saint-Charles, Katarzyna Simonienko, Trevor Smith, J. Scott Weese, E. Jane Parmley

Articles & Book Chapters

Given the enormous global impact of the COVID-19 pandemic, outbreaks of highly pathogenic avian influenza in Canada, and manifold other zoonotic pathogen activity, there is a pressing need for a deeper understanding of the human-animal-environment interface and the intersecting biological, ecological, and societal factors contributing to the emergence, spread, and impact of zoonotic diseases. We aim to apply a One Health approach to pressing issues related to emerging zoonoses, and propose a functional framework of interconnected but distinct groups of recommendations around strategy and governance, technical leadership (operations), equity, education and research for a One Health approach and Action Plan …

Commentary: Dan Mandelker—A Land-Use Legacy Unlike Any Other, Patricia E. Salkin

Scholarly Works

It is an honor to share thoughts about the importance of Professor Daniel Mandelker’s legacy to the field of land-use and zoning law. The word “legacy” means, among other things, “something that is part of your history or that remains from an earlier time.” At ninety-two, he was the longest actively teaching land use law professor in the United States. His academic career began in 1949 when he was appointed an Assistant Professor at Drake Law School, with relatively short stints at the University of Indiana Law School and Columbia Law School, followed by his appointment at Washington University School …

Energy Law—The Green Squeeze: Net Metering’S Negative Externalities And Societal Consequences For The Poor, Steven Cox

University of Arkansas at Little Rock Law Review

No abstract provided.

Human Rights At The Ocean-Climate Nexus: Opening Doors For The Participation Of Indigenous Peoples, Children And Youth, And Gender Diversity, Unwana Udo, Tahnee Prior, Sara L. Seck

Articles, Book Chapters, & Popular Press

No abstract provided.

Equitable, Affordable And Climate-Cognizant Housing Construction, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

The almost universal sentiment by a growing body of physical and social scientists is that climate change--with its floods, drought, heat, and cold-- portend losses of life, communities, property, and the rhythms of living. Some are more vulnerable to these impacts than others: individuals and the poor, who through official government policy and self-interest in the housing markets, have been relegated to live in poorly-constructed and poorly-placed structures--in the wake of ocean surges; in the path of strong winds; near hazardous and noxious facilities; stranded in urban heat islands. Failing to heed climate change omens will lead to a world …

Principle Of Cbdr-Rc: Its Interpretation And Implementation Through Ndcs In The Context Of Sustainable Development, Stellina Jolly, Abhishek Trivedi

Washington Journal of Environmental Law & Policy

For the international community, 2015 was a momentous year in terms of transformative legal developments. Climate change response culminated in the adoption of the Paris Agreement and Sustainable Development Goals (SDGs), which heralded a new era in the international community’s pursuit of sustainability. Both of these developments are complementary; the climate change legal framework acknowledges sustainable development, and SDGs explicitly recognize the United Nations Framework Convention on Climate Change and the Paris Agreement. The Paris Agreement presented to the global community an objective to strengthen the global response to the threat of climate change, through sustainable development and efforts to …

Principle Of Cbdr-Rc: Its Interpretation And Implementation Through Ndcs In The Context Of Sustainable Development, Stellina Jolly, Abhishek Trivedi

Washington Journal of Environmental Law & Policy

For the international community, 2015 was a momentous year in terms of transformative legal developments. Climate change response culminated in the adoption of the Paris Agreement and Sustainable Development Goals (SDGs), which heralded a new era in the international community’s pursuit of sustainability. Both of these developments are complementary; the climate change legal framework acknowledges sustainable development, and SDGs explicitly recognize the United Nations Framework Convention on Climate Change and the Paris Agreement. The Paris Agreement presented to the global community an objective to strengthen the global response to the threat of climate change, through sustainable development and efforts to …

Regulating Micromobility: Examining Transportation Equity And Access, Karen Johnston, Deirdre A. Oakley, Audra Durham, Claire Bass, Stacie Kershner

Journal of Comparative Urban Law and Policy

This paper evaluates the various ways cities have or are attempting to address e-scooter usage equity concerns, with a focus on Atlanta, Georgia as compared to Austin, Texas; Charlotte, North Carolina; Los Angeles, California; and Portland, Oregon. The cities were evaluated by the laws in effect at the time of coding, which occurred during the project period of October through December 2019. To explore how existing laws and regulations affect access to e-scooters, this research was guided by the following overarching questions: How equitable is access to e-scooters? How can equitable access to e-scooters be improved? How can a data-driven …

Inequities Of Transit Access: The Case Of Atlanta, Ga, Christopher K. Wyczalkowski, Timothy Welch, Obed Pasha

Journal of Comparative Urban Law and Policy

Public transportation systems are essential components of urban infrastructure, providing connectivity that contributes to the quality of life for urban dwellers. Particularly important for low-income populations, public transportation systems enhance access to jobs, markets, services, education, healthcare, recreation, and social networks. While low-income populations and minorities make up a disproportionately high share of transit ridership, theories such as spatial mismatch, social construction framework, and Critical Race Theory maintain that public transportation systems may not provide equitable connectivity to all riders. We utilize GIS and regression models to examine the relationship between transit connectivity and poverty, asking whether connectivity is evenly …

Sabin Center Diversity, Equity, Inclusion And Anti-Racism Plan, Sabin Center For Climate Change Law

Sabin Center for Climate Change Law

The climate crisis is a crisis of unprecedented scope and scale. It arises from everywhere, and impacts everyone. But some – some countries, some companies, some communities, some individuals – are more responsible than others; and some are more impacted, and more vulnerable, than others. Climate change has made clear that diversity increases the power of potential solutions and the resilience to adverse impacts – for ecosystems, social systems, economic systems and their various hybrids and combinations. At the Sabin Center for Climate Change Law we believe that by creating and fostering a culture of diversity, equity, inclusion, and anti-racism, …

Bridging Gaps Between Constituents And Policymakers In Climate Policy In Washington State, Rebecca Dickson

Global Honors Theses

Climate change is one of the preeminent concerns of our time. As nation-states around the world face rising sea levels, pollution, political instability, and a rise of national security concerns due to climate instability, greater international cooperation is needed in order to target and adapt to cross-border issues. However, international political action is often reliant upon a national support for that action, especially when national officials rely on the support of their citizenry, such as in democracies, like the United States.

In order to understand how countries such as the United States make decisions on the domestic and international level, …

Climate Change: The Equity Problem, Michael P. Vandenbergh, Brooke A. Ackerly

Michael Vandenbergh

A substantial proportion of the United States population is at or below the poverty level, yet many of the greenhouse gas emissions reduction measures proposed or adopted to date will increase the costs of energy, motor vehicles, and other consumer goods. This essay suggests that although scholarship and policymaking to date have focused on the disproportionate impact of these increased costs on the low-income population, the costs will have two important additional effects. First, the anticipated costs will generate political opposition from social justice groups, reducing the likelihood that aggressive measures will be adopted. Second, to the extent aggressive measures …

Can Clean Energy Policy Promote Environmental, Economic, And Social Sustainability?, Felix Mormann

Felix Mormann

Two and a half decades of clean energy policymaking focused primarily on environmental and economic sustainability have yielded considerable environmental and economic benefits. Along the way, however, other policy considerations, such as the social sustainability of the transition to a cleaner, renewably fueled energy economy, have gone largely overlooked. As clean energy technologies continue to gain ever-greater traction in the United States and global energy economies, the social impacts of their enabling policies become more and more salient. Already, ratepayers, taxpayers, and other stakeholders who fear being left behind by the clean energy transition question the “fairness” of today’s renewable …

Eulogizing Renewable Energy Policy, Lincoln L. Davies

Utah Law Faculty Scholarship

Across the globe, renewable energy policy is changing. The change is coming so quickly that it appears the world is now on the cusp of a new future. The renewable energy policy of the past is on its way out; a new and different policy is taking its place. That new policy has different end goals, implementing mechanisms, and strategies than its predecessors. This is not just policy evolution but a policy revolution. The labels of the past soon no longer will apply because they are being merged and blurred — and replaced. Using the U.S. electricity sector as its …

Can Clean Energy Policy Promote Environmental, Economic, And Social Sustainability?, Felix Mormann

Faculty Scholarship

Two and a half decades of clean energy policymaking focused primarily on environmental and economic sustainability have yielded considerable environmental and economic benefits. Along the way, however, other policy considerations, such as the social sustainability of the transition to a cleaner, renewably fueled energy economy, have gone largely overlooked. As clean energy technologies continue to gain ever-greater traction in the United States and global energy economies, the social impacts of their enabling policies become more and more salient. Already, ratepayers, taxpayers, and other stakeholders who fear being left behind by the clean energy transition question the “fairness” of today’s renewable …

Environmental Justice Activism Against Freeway Proposals In Contemporary America, Molly Wampler

Summer Research

Transportation infrastructure provides an excellent lens through which to look at environmental justice. There is legislation in place that should prevent or at least draw significant attention to environmental justice, yet new freeways are still being proposed which continue to commit the same environmental injustices as decades past. With grassroots opposition as a primary form of resistance, this paper investigates the tools available to activists, as well as the ones most effective in ensuring success of the movement. I also consider what accounts for the difference in outcomes of resistance movements, why some community movements are successful in stopping a …

Equitable Access To Public Transport: Corridor Plans For Transit-Oriented Development In Soweto, South Africa And Boston, Massachusetts Compared, Janice Griffith

Journal of Comparative Urban Law and Policy

The article argues that municipalities should play a major role in ensuring equitable access to public transportation and in planning for transit-oriented development. It presents two case studies that illustrate the importance of these undertakings. In South Africa, apartheid spatial and racial segregation resulted in the exclusion of non-white residents from the urban core where the economy was centered. These residents, who were forced to live in a city’s outlying areas, experienced considerable difficulty in commuting to the workplace. To address the lack of transportation equity, the City of Johannesburg, with support from the national and provincial governments, embarked on …

Clean Electrification, Shelley Welton

Faculty Publications

To combat climate change, many leading states have adopted the aim of creating a “participatory” grid. In this new model, electricity is priced based on time of consumption and carbon content, and consumers are encouraged to adjust their behavior and adopt new technologies to maintain affordable electricity. Although a more participatory grid is an important component of lowering greenhouse gas emissions, it also raises a new problem of clean energy justice: utilities and consumer advocates claim that such policies unjustly benefit the rich at the expense of the poor, given the type of consumer best able to participate in the …

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.

Slides: Perspectives On Water Management In Arizona, Kathy Jacobs

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Kathy Jacobs, Director, Center for Climate Adaptation Science and Solutions (CCASS), Department of Soil, Water and Environmental Science, University of Arizona

25 slides

Texas Remedies In Equity For Breach Of Fiduciary Duty: Disgorgement, Forfeiture, And Fracturing., George P. Roach

St. Mary's Law Journal

The remedy of fee forfeiture against lawyer fiduciaries has been marginalized. Following Burrow v. Arce, Texas trial courts have frequently applied a no-fracturing rule that effectively bars a claim for breach of fiduciary duty against an attorney. Although the court in Burrow held actual damages were not a prerequisite for fee forfeiture, many Texas trial courts have not followed that precedent. Most Texas trial courts require the plaintiff to prove actual damages to survive a summary judgment motion. Others have openly asserted that not all legitimate claims for breach of fiduciary duty should be allowed as an alternative claim to …

Environmental Justice And International Environmental Law, Carmen G. Gonzalez

Carmen G. Gonzalez

Environmental justice lies at the heart of many environmental disputes between the global North and the global South as well as grassroots environmental struggles within nations. However, the discourse of international environmental law is often ahistorical and technocratic. It neither educates the North about its inordinate contribution to global environmental problems nor provides an adequate response to the concerns of nations and communities disproportionately burdened by poverty and environmental degradation. This article examines some of the root causes of environmental injustice among and within nations from the colonial period to the present, and discusses several strategies that can be used …

Slides: Appropriate Sustainable Energy Technologies: A Light To The World, Lakshman D. Guruswamy, Jason B. Aamodt, Blake Feamster

2012 Energy Justice Conference and Technology Exposition (September 17-18)

Presenter: Jason Aamodt, Attorney; Adjunct Professor, University of Tulsa

15 slides

The Social Value Of Mortality Risk Reduction: Vsl Vs. The Social Welfare Function Approach, Matthew D. Adler, James K. Hammitt, Nicholas Treich

All Faculty Scholarship

We examine how different welfarist frameworks evaluate the social value of mortality risk-reduction. These frameworks include classical, distributively unweighted cost-benefit analysis—i.e., the “value per statistical life” (VSL) approach—and three benchmark social welfare functions (SWF): a utilitarian SWF, an ex ante prioritarian SWF, and an ex post prioritarian SWF. We examine the conditions on individual utility and on the SWF under which these frameworks display the following five properties: i) wealth sensitivity, ii) sensitivity to baseline risk, iii) equal value of risk reduction, iv) preference for risk equity, and v) catastrophe aversion. We show that the particular manner in which VSL …

Emerging Law Addressing Climate Change And Water, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

The World Economic Forum recognizes that while restrictions on energy affect water systems and vice versa, energy and water policy are rarely coordinated. The International Panel on Climate Change predicts that wet places will become wetter and dry places will become dryer. Transboundary water, energy and climate coordination can occur through international consensus building.

Climate Change: The Equity Problem, Michael P. Vandenbergh, Brooke A. Ackerly

Vanderbilt Law School Faculty Publications

A substantial proportion of the United States population is at or below the poverty level, yet many of the greenhouse gas emissions reduction measures proposed or adopted to date will increase the costs of energy, motor vehicles, and other consumer goods. This essay suggests that although scholarship and policymaking to date have focused on the disproportionate impact of these increased costs on the low-income population, the costs will have two important additional effects. First, the anticipated costs will generate political opposition from social justice groups, reducing the likelihood that aggressive measures will be adopted. Second, to the extent aggressive measures …

Risk Equity: A New Proposal, Matthew D. Adler

All Faculty Scholarship

What does distributive justice require of risk regulators? Various executive orders enjoin health and safety regulators to take account of “distributive impacts,” “equity,” or “environmental justice,” and many scholars endorse these requirements. But concrete methodologies for evaluating the equity effects of risk regulation policies remain undeveloped. The contrast with cost-benefit analysis--now a very well developed set of techniques --is stark. Equity analysis by governmental agencies that regulate health and safety risks, at least in the United States, lacks rigor and structure. This Article proposes a rigorous framework for risk-equity analysis, which I term “probabilistic population profile analysis” (PPPA). PPPA is …

Access To Parkland: Environmental Justice At East Bay Parks, A Report By Golden Gate University School Of Law, Paul Stanton Kibel

Paul Stanton Kibel

No abstract provided.