Law Commons^™

From Gorsuch To Gorsuch: Family Reformation On Agency Power, Matthew Noxsel

Florida A & M University Law Review

Although Chevron has drawn extensive scholarship examining its doctrinal origins,17 evolution,18 and impact,19 this is not one of those inquiries. Instead, this Comment seeks to address some of the circumstances and rationale motivating certain people behind Chevron, and therefore the doctrine and its impact will be discussed in short form. Accordingly, Part II of this Comment will use Anne Gorsuch’s service at the EPA as a lens through which to view the conservative revolution that occurred before and during the Reagan years, with an eye toward a subtle change in thinking from previous generations regarding agency regulations. Part III of …

Changing Winds And Rising Tides On Beach Renourishment In Florida: Short-Term Alternatives And Long-Term Sustainable Solutions Using Law And Policy From Florida And Nearby States, Lewis Van Alstyne Iii

Florida A & M University Law Review

Sandy beaches make up 825 miles of Florida's 1,260 total miles of coastline around the Sunshine State's peninsula. These beaches are changing over time due to the natural erosional forces of wind and water. Coastal engineering attempts to halt natural forces with man-made structures such as buildings, piers, groins, jetties, breakwaters, sea walls, ports, inlets, and in some cases, it creates new sandy beaches and world-class cities where none existed. In an effort to protect the new real estate from the erosion that has always existed, engineers created beach nourishment. This Article focuses on building up beaches through beach nourishment. …

Advancing Climate Justice In International Law: An Evaluation Of The United Nations Human Rights-Based Approach, Damilola S. Olawuyi

Florida A & M University Law Review

The term “climate justice” has been traditionally deployed by scholars to emphasize the need for international law to provide legal solutions for direct and disproportionate impacts of climate change on human life and survival, particularly in vulnerable communities. However, with emerging patterns of human rights violations, massive land grabs, forced displacements, marginalization, exclusions, and governmental repressions resulting from climate change response measures and projects (particularly clean development mechanism (CDM), and REDD+ projects), climate justice has increasingly gained a more expansive connotation. Human rights violations and climate injustices resulting from climate change projects have resulted in calls for an international approach …

Florida's Downtowns Are Free To Grow Local Broccoli…And Chickens (Sometimes), Sidney F. Ansbacher, Michael T. Olexa, Kathleen Maurer

Florida A & M University Law Review

The United States Supreme Court in National Federation of Independent Business v. Sebelius (Sebelius), famously invoked broccoli to limit the scope of Commerce Clause. All of the Justices used broccoli as a plot device to further their respective arguments answering whether the individual mandate to buy health insurance was constitutional. This article discusses the other end of the economic spectrum – local. We explicate Florida’s local government regulations of urban planting, growing, and selling of broccoli, as well as other fruits, vegetables, and animals. This requires a history of urban agriculture and local zoning laws before we discuss current laws …

A Blanket Of Immunity Will Not Keep Florida Dry: Proposed Adjustments To Florida's Drainage Regulations And Sovereign Immunity Laws To Account For Climate Change Impacts, Theresa K. Bowley

Florida A & M University Law Review

Addressing stormwater drainage in Florida has been an ongoing challenge since the middle of the twentieth century when the State began to experience rapid growth. Drainage problems already occur in Florida during seasonal high tides, heavy rains, and in storm surge events, and the impacts projected by climate change will exacerbate flooding. Identification of deficiencies in Florida’s existing drainage systems should include the responsibility and liability of drainage systems to be retrofitted to adapt to climate change. Part I of this paper explains the connection between global climate change and its effects on stormwater drainage in Florida. The existing governmental …

Free Trade Agreements And The Lacey Act: A Carrot And Stick Approach To Prevent And Deter Trade In Iuu Fisheries, Ginna Arevalo

Florida A & M University Law Review

The U.S. is the world’s largest importer of seafood, importing virtually every fish sold in the U.S. market. Trade statistics do not break down the percentage of imported wild harvested fish, but a recent study estimated that twenty to thirty-two percent are caught illegally. Trade in illegal, unreported, and unregulated (IUU) fisheries undermines efforts to conserve fish stocks, generates global annual losses of up to twenty-three billion dollars, and weakens economic opportunity for U.S. fishermen. Part I of this paper explains the role of different actors in the trade of duty-free IUU fish and how IUU catches may enter the …

"Take Back The Beach!" An Analysis Of The Need For Enforcement Of Beach Access Rights For U.S. Virgin Islanders, Aliya T. Felix

Florida A & M University Law Review

Part I of this paper defines the traditional use of the beaches in the U.S. Virgin Islands and includes a personal anecdote as evidence of a trend toward restricting beach access in the U.S. Virgin Islands. Part II provides a legal framework of public beach access rights through an analysis of the general public trust doctrine, the U.S. Virgin Islands Open Shorelines Act, and the U.S. Virgin Islands’ case law. Part III examines case studies involving private entities blocking beach access to the public in the U.S. Virgin Islands. Part IV offers a proposal for reform to ensure protection of …

You Get What You Pay For: The Nfip Is Underwater And Climate Change Adaptation Is Essential To Reach Dry Land, Alana Dietel

Florida A & M University Law Review

Climate change is a reality, and Florida is uniquely situated to feel its effects sooner than other states. This is due to the prediction of a substantially rising sea level and the fact that a majority of the most populated and popular areas in Florida are located along or near the coasts. Part I of this article examines the realities of climate change. Part II reviews the current state of the most significant attempt at flood insurance by the Federal government, the NFIP. Part II also reviews Florida’s statewide initiatives, as well as local initiatives of three distinct Florida counties. …

A Proposed Reconciliation Of Stakeholder Interests In The Ge Soybean Industry And Role Of Earth Jurisprudence Principles, Kristen N. King Jaiven

Florida A & M University Law Review

The historical art of seed saving ensured farmers would have enough quality seeds for the following season. Traditional and indigenous farmers mastered seed saving techniques, saving the healthiest and strongest seeds to ensure preservation of seed diversity and adequate crop yields. To provide adequate protection and meet maximum sustainability for all interested parties, it is essential that laws governing the soybean industry consider the soybean as a stakeholder.

Public Engagement "Reach In, Reach Out": Pursuing Environmental Justice By Empowering Communities To Meaningfully Participate In The Decision-Making Processes Of Brownfields Redevelopment And Superfund Cleanups, Josephine M. Balzac

Florida A & M University Law Review

No abstract provided.

The Planet On The Docket: Atmospheric Trust Litigation To Protect Earth's Climate System And Habitability, Mary Christina Wood

Florida A & M University Law Review

No abstract provided.

Panama's Pando And Monte Lirio Dams: Proactive Engagement In Environmental Human Rights Through Project Due Diligence Leads To Improved Risk Management And Cost Controls, Gregory M. Karch

Florida A & M University Law Review

The Pando-Monte Lirio Hydroelectric Power Project (Pando Project) is located along the Chiriqui Viejo River (CVR) in Western Panama. It consists of two hydroelectric dams that are part of nineteen hydroelectric installations planned and partially constructed along the CVR in Western Panama. The Pando Project reflects the Inter-American Development Bank’s (IDB’s) commitment to investments in “clean energy” in Central America. The project is an important contribution to Central America’s energy needs, but has caused a number of residents and citizen organizations in the CVR region to raise issues regarding the impact the project will have on the CVR and their …

Responding To Environmental Injustice: The Civil Rights Act And American Federal Institutional And Systemic Barriers To Private Redress Of Disparate Environmental Harm, Michael B. Jones, Peter J. Jacques

Florida A & M University Law Review

This article discusses the use of private action in federal institutions for relief from disparate racial impacts. The courts have eliminated consideration of § 602 disparate impact regulations as the basis for a private right of action challenging environmental harms. Legislative action seems unlikely in this era of gridlock and partisan polarization. Agency action seems to offer the most avenues for consideration of environmental justice concerns. However, agencies are bureaucratic and subject to election results, Congressional oversight and budgetary limitations, and backlogs of determination of environmental justice complaints. Deeply rooted systemic institutional racism further constrains possible reforms to the federal …

Eco-Migration And Vulnerability: Linkages Between Human Rights Protection And Environmental Governance In Georgia, Tamari Bulia

Florida A & M University Law Review

No abstract provided.

Remedies For Foreign Citizens Subjected To Outsourced Pollution: A Case Study Of American Big Oil In The Ecuadorian Amazon, Ava Azad

Florida A & M University Law Review

The term “globalization” generally carries a positive connotation, invoking images of progress and international unity. “Technology” similarly enjoys a reputation of enabling human advancement and improving sustenance, shelter, education, and overall quality of life. Both promote the development of the other and their success has become intertwined. Development of the oil industry is one newsworthy example of the coming together of technology and globalization as nations rush to discover, extract, and refine oil wherever possible and sell the fuel to their own citizens or export it to other nations. Oil is also an example of dangers generally not associated with …

President Obama And The New Politics Of Inclusion In The Climate Change Debate, Leslie G. Fields, Royce G. Brooks

Florida A & M University Law Review

No abstract provided.

Comeback Of Community-Based Forest Management: The Need To Revamp Strategies To Promote Decentralized Environmental Governance In India And Brazil, Naysa Ahuja

Florida A & M University Law Review

The governance of forests and their resources has always been a contentious issue. It has created a divide between developing and developed countries, as well as within them. With the increasing recognition of forests as valuable commodities in the global market, the management of forests in developing countries is becoming a matter of constant concern for ecologists, economists, and politicians.

Part I of this article provides an overview of the Participatory Forest Management (PFM) approach in the international context. Part II and III examine environmental governance in the forest sector of two rapidly emerging economies of the world, India and …

Move, Or Wait For The Flood And Die: Protection Of Environmentally Displaced Populations Through A New Relocation Law, Jessica Scott

Florida A & M University Law Review

No abstract provided.

¡Peligro! Si Usted No Entiende La Etiqueta, Busque A Alguien Para Que Se La Explique A Usted En Detalle: The Need For International And Domestic Implementation Of Bilingual Pesticide Labeling To Enhance Protection Of Migrant Farmworkers In Florida, Vanessa Calcano Thomas

Florida A & M University Law Review

No abstract provided.

Mainstreaming Climate Change Into Public Policy Functions: Legal Options To Reinforce Sustainable Development Of Kenya, Robert Kibugi

Florida A & M University Law Review

No abstract provided.

Good Policy, Good Food: Bringing A Just And Sustainable Food System To All, Mark Winne

Florida A & M University Law Review

No abstract provided.

Rights And Roles: Alaska Natives And Ocean And Coastal Subsistence Resources, Jordan Diamond, Greta Swanson, Kathryn Mengerink

Florida A & M University Law Review

This article explores the strengths and weaknesses of the two pillars of the framework for managing marine subsistence resources in Alaska: the pillar that protects Alaska Native rights to marine subsistence resources, and the pillar that protects the resources themselves. It focuses on how well the pillars support subsistence practices and Alaska Native leadership in the management framework. Part I summarizes the management challenge posed by the effects rapid climate change is causing in the Arctic, including impacts to the marine subsistence resources upon which Alaska Natives depend. Part II explores the laws and doctrines related to Alaska Native subsistence …

Energy Security, Green Fleets, And Green Warriors, Jennifer Huang

Florida A & M University Law Review

The U.S. military, both our nation's largest consumer and securer of energy, can no longer be absolved of the high costs and environmental consequences of its reliance on conventional fuel sources and energy systems in the face of mounting evidence of unavoidable global warming and climate change. The oil-dependent U.S. national and energy security policies that have helped achieved American military and economic greatness are no longer sustainable; in fact, uncovering the hidden costs of our oil addiction reveals many insecurities. In order to progress towards true energy independence, the U.S. must overcome its congressional in-fighting, and kick-start its promising …

Thirsty For A Solution: Using The Rural Electrification Administration Model To Resolve The Failure Of Privatization Of Water Utilities In Bolivia, Michael Nichola

Florida A & M University Law Review

No abstract provided.

Underwater: The Need For Massachusetts To Become Climate Ready, Erica Mattison

Florida A & M University Law Review

Massachusetts' longstanding vulnerability to flooding is on the verge of worsening due to expected impacts of climate change over the next several years. Although legislation has prompted the state to convene a multi-agency conversation on climate change adaptation, the work has yet to result in specific planning that will prime the state for reducing damage caused by flooding and other climate impacts. With renewed leadership, the state should prioritize flood risk in the policy agenda, launch a public awareness campaign, plan for infrastructure and state property investments, and facilitate municipal action. Since the issue cannot be adequately addressed by state …

A Future Submerged: Implications Of Sea Level Rise For South Florida, Giselle Peruyera

Florida A & M University Law Review

No abstract provided.

Reconsidering A Weakened Regulation: A Critical Analysis Of Delisting In The Endangered Species Act, Crystal D. Anderson

Florida A & M University Law Review

No abstract provided.

Third Annual Environmental Law And Justice Symposium Issue: Introduction, Randall S. Abate, Richard D. Schulterbrandt Gragg Iii

Florida A & M University Law Review

No abstract provided.

Up To Our Ears: Corn Overproduction, Its Environmental Toll, And Using The 2012 U.S. Farm Bill To Limit Corn Subsidies, Increase Environmental Protection Incentives, And Place Accountability On Crop Operations, Christopher Frump

Florida A & M University Law Review

No abstract provided.

A Fresher Law: Amending The Florida Right To Farm Act To Include Urban Micro Farming As A Key Initiative To Promote Sustainability, Food Access, And Environmental Justice For Low-Income Communities, Cameryn Rivera

Florida A & M University Law Review

No abstract provided.