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Articles 1 - 30 of 123
Full-Text Articles in Law
Participation In Paradise?: Indigenous Participation And Environmental Decisionmaking In HawaiʻI, Lindsay Peterson
Participation In Paradise?: Indigenous Participation And Environmental Decisionmaking In HawaiʻI, Lindsay Peterson
American Indian Law Journal
No abstract provided.
Esg Implementation In Emerging & Frontier Markets: Lessons Cultivated From Sri Lanka And Beyond, Ahmed Qaisi
Esg Implementation In Emerging & Frontier Markets: Lessons Cultivated From Sri Lanka And Beyond, Ahmed Qaisi
University of Miami Business Law Review
Crippling debt accrued within emerging and frontier market nations forces developing governments to enact policies contrary to the well-being of their overall economies. The influence of credit rating agencies as well as organizations like the World Bank and the International Monetary Fund (“IMF”) have handcuffed governments into implementing Environmental, Social, and Governance (“ESG”) policies that are unrealistic and unfeasible and have therefore caused detrimental societal impacts. This note examines how the application of ESG policies and governmental corruption resulted in Sri Lanka’s devastating economic collapse. Also scrutinized are those countries which have taken on debt but have managed well throughout …
The Missing "T" In Esg, Danielle A. Chaim -- Assistant Professor, Gideon Parchomovsky -- Professor Of Law
The Missing "T" In Esg, Danielle A. Chaim -- Assistant Professor, Gideon Parchomovsky -- Professor Of Law
Vanderbilt Law Review
Environmental, social, and governance (“ESG”) philosophy is the zeitgeist of our time. The rise of ESG investments came against the perceived failure of the government to adequately promote socially important goals. And so, corporations are now being praised and credited for stepping up where the government has fallen short. In this Essay, we contend that the standard narrative of ESG suffers from a major flaw. The reason for this discrepancy is taxes. The companies that are widely perceived as saviors of the ESG era are in fact the cause of some of the main deficiencies ESG seeks to redress. Astoundingly, …
Green Amendments Land Use And Transportation: What Could Go Wrong?, Michael Lewyn
Green Amendments Land Use And Transportation: What Could Go Wrong?, Michael Lewyn
Scholarly Works
Numerous states have amended their constitutions to include a green amendment (that is, an amendment providing that the state's citizens have a right to a healthy environment). Unfortunately, the vagueness of these amendments leaves an enormous amount of interpretative power to courts. This article examines how some courts have interpreted green amendments and how these interpretations risk the misuse of green amendments. Additionally, this article examines how such misuse may be avoided.
Federal Common Law, Climate Torts, And Preclusion, Tom Boss
Federal Common Law, Climate Torts, And Preclusion, Tom Boss
Washington and Lee Law Review Online
Municipalities have been trying for decades to hold energy companies accountable for their role in the climate change crisis. In an effort to prevent suits, these companies are pushing the novel legal theory that federal common law provides a basis for jurisdiction in federal court over these claims. Once in federal court, the defendants argue that the very federal common law that served as the basis for removal has been displaced by the Clean Air and Clean Water Acts. This would then justify dismissal of the entire case for failure to state a claim. Luckily for the plaintiffs, nearly all …
Law Library Blog (March 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (March 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Commentary: Dan Mandelker—A Land-Use Legacy Unlike Any Other, Patricia E. Salkin
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 …
Teaching Sustainable Business Law & The Role Of Esg Lawyers, Jason J. Czarnezki, Joshua Ulan Galperin, Brianna M. Grimes
Teaching Sustainable Business Law & The Role Of Esg Lawyers, Jason J. Czarnezki, Joshua Ulan Galperin, Brianna M. Grimes
Elisabeth Haub School of Law Faculty Publications
This Article is the second paper in a series laying out the emergence of sustainable business law and the role of ESG lawyers. The first paper, Sustainable Business Law? The Key Role of Corporate Governance and Finance, argues “that ‘sustainable business law’ has emerged as a distinct area of law” and “serves as an introductory explanation to define and understand the growing subject matter at the intersection of sustainability, business, and the law.” That paper also explores the key role that corporate governance and finance play in achieving sustainability, and suggests that “[a] future project for scholars ... is to …
The Environmental, Social, Governance (Esg) Debate Emerges From The Soil Of Climate Denial, Lawrence J. Trautman, Neal Newman
The Environmental, Social, Governance (Esg) Debate Emerges From The Soil Of Climate Denial, Lawrence J. Trautman, Neal Newman
Faculty Scholarship
It has been almost six decades since Rachel Carson’s ominous warning of pending environmental disaster. During 2019 the United Nations requested urgent action from world leaders, given that “just over a decade is all that remains to stop irreversible damage from climate change.” With every passing year, damage resulting from destructive climate change causes increased pain, suffering, death and massive property loss. During 2020 and 2021 alone, severe weather events have included: destructive fires in California; record breaking freeze, power outage, and threat to the electrical grid in Texas; continuation of disruptive drought in U.S. Western states; and record-breaking high …
The Covid–19 Pandemic Highlighted The Need For Mandated Esg Disclosures: Now What?, Nicholas P. Mack
The Covid–19 Pandemic Highlighted The Need For Mandated Esg Disclosures: Now What?, Nicholas P. Mack
University of Miami Business Law Review
This is not simply your run–of–the–mill COVID–19 article. Instead, this article highlights a salient issue that has been right in front of our eyes this whole time and COVID–19 simply took our blinders off. ESG—short for environmental, social, and governance—is gaining significant momentum both at the firm level and in investment strategy, yet the SEC is trailing behind in ensuring the market is adequately informed of firms’ ESG information. It is important to note that the COVID–19 pandemic initially threw the market into an unanticipated downward spiral; however, many ESG funds still managed to outperform the market in the midst …
Recognizing A Fundamental Right To A Clean Environment: Why The Juliana Court Got It Wrong And How To Address The Issue Moving Forward, Robert Kemper
Recognizing A Fundamental Right To A Clean Environment: Why The Juliana Court Got It Wrong And How To Address The Issue Moving Forward, Robert Kemper
FIU Law Review
As the existential threat of climate change becomes increasingly prevalent, U.S. plaintiffs, lawyers, and activists have begun seeking redress in federal courts arguing for recognition of a constitutional right to a clean environment. Recently, in Juliana v. United States, the Ninth Circuit explicitly recognized the grave threat of climate change for the health, well-being, and security of the American people and the nation as a whole. Additionally, the court found that the U.S. government has contributed to climate change through both inaction and policy decisions that promote the use of fossil fuels. The plaintiffs claimed that they had a constitutional …
Protecting The Environment In Sharia (Islamic Law)- حماية البيئة في الشريعة الإسلامية, Professor Mohamed Ahmed Abu Leil
Protecting The Environment In Sharia (Islamic Law)- حماية البيئة في الشريعة الإسلامية, Professor Mohamed Ahmed Abu Leil
UAEU Law Journal
The paper discusses some environmental connotations and values under Islamic guidelines leading to protecting a livable environment t, as follows:
I. The Holy Qur’an verses on the various aspects of environment. I l. The extent of human control over environmental resources, and forbidding its destruction. Ill Positive measures i n Islamic legislations for environment protection.
The Case For A Climate-Smart Update Of The Africa Mining Vision, Perrine Toledano, Martin Dietrich Brauch, Karan Bhulwaka, Kojo Busia
The Case For A Climate-Smart Update Of The Africa Mining Vision, Perrine Toledano, Martin Dietrich Brauch, Karan Bhulwaka, Kojo Busia
Columbia Center on Sustainable Investment Staff Publications
The 2009 Africa Mining Vision (AMV) provides guidance for the industrialization of African countries by leveraging their mining sector. However, the global context has changed since its adoption. As a result, it does not include guidance on how governments should embrace the climate change agenda as an opportunity for better and further industrialization, deeper linkages, and sustainable development.
There are many ways to look at the implications of international climate change policy for Africa, including through the increased extraction of minerals needed in clean energy application and the greening of mines. The localization of global value chains – induced by …
Quantitative Valuation In Environmental Law, Arden Rowell
Quantitative Valuation In Environmental Law, Arden Rowell
Notre Dame Law Review
Quantitative valuations of environmental impacts affect and sometimes determine the substance and stringency of many environmental laws. At the same time, a constellation of psychological factors makes environmental impacts unusually difficult for individuals to see, understand, and care about. As a result, the environmental valuations that inform environmental law are particularly vulnerable to contextual cues, small shifts in framing, and methodological choice, and can lead to sincere but wildly varying valuations of the same underlying environmental impacts. These distortions become increasingly apparent when valuations are quantified, and in fact can be used predictably to push quantified valuations “up” and “down” …
The Right Of Access To Environmental Information, A Fundamental Human Right?, Musa Shehada
The Right Of Access To Environmental Information, A Fundamental Human Right?, Musa Shehada
UAEU Law Journal
The aim of this research is to discuss the right of access to information on issues of environment as a fundamental human right. The research reviews the international, European and French efforts being exerted to approve"the right to environment" as well as"the right of access to environmental information" as a principle among the general principles of the environmental law in addition to the means and effect of approving such right.
The research stressed in its conclusion that the right to acquire information on environmental issues is deemed as "right of freedom" among the general freedoms according to Article No. 34 …
Indigenous Rights In International Law: A Focus On Extraction In The Arctic, Aine Healey Lawlor
Indigenous Rights In International Law: A Focus On Extraction In The Arctic, Aine Healey Lawlor
Honors Projects
This paper seeks to evaluate the evolution and future of Indigenous rights in extractive industry on a global scale and uses the Arctic both to explore the complexity of these rights and to provide paths forward in advancing Indigenous self-determination. Indigenous rights lack a strong international foundation and are often dependent upon local and domestic regimes, yet this reality is currently shifting. The state of extraction internationally, particularly in the Arctic, is also facing major uncertainty in the coming decades as demand continues to rise. Indigenous rights and the rules governing extractive industry intersect because much of the world’s remaining …
A Response To Calls For Sec Mandated Esg Disclosure, Amanda M. Rose
A Response To Calls For Sec Mandated Esg Disclosure, Amanda M. Rose
Vanderbilt Law School Faculty Publications
This Article responds to recent proposals calling for the SEC to adopt a mandatory ESG-disclosure framework. It illustrates how the breadth and vagueness of these proposals obscures the important--and controversial-- policy questions that would need to be addressed before the SEC could move forward on the proposals in a principled way. The questions raised include some of the most contested in the field of corporate and securities law, such as the value of interjurisdictional competition for corporate charters, the right way to conceptualize the purpose of the corporation, the proper allocation of managerial power as between the board and shareholders, …
Free, Prior And Informed Consent: Addressing Political Realities To Improve Impact, Tehtena Mebratu-Tsegaye, Leila Kazemi
Free, Prior And Informed Consent: Addressing Political Realities To Improve Impact, Tehtena Mebratu-Tsegaye, Leila Kazemi
Columbia Center on Sustainable Investment Staff Publications
Indigenous and Tribal peoples’ right to free, prior and informed consent (FPIC) has transformative potential. Yet, there is a considerable gap between the theory and what happens in practice. Global actors supporting recognition of FPIC and effective prior consultation processes usually focus on normative standards and best practices. They concentrate much less on addressing the political challenges and opportunities that shape how these processes unfold.
With funding from the Ford Foundation, we looked at the politics of FPIC in Latin America, analyzing how the power and interests of the key players–across governments, companies and indigenous peoples–can determine the fate of …
Mining And The Sdgs: A 2020 Status Update, Responsible Mining Foundation, Columbia Center On Sustainable Investment
Mining And The Sdgs: A 2020 Status Update, Responsible Mining Foundation, Columbia Center On Sustainable Investment
Columbia Center on Sustainable Investment Staff Publications
In September 2015, the UN member states agreed on a set of 17 Sustainable Development Goals (SDGs), which represent the global agenda for equitable, socially inclusive, and environmentally sustainable economic development until 2030. Mining companies have the potential to become leading partners in achieving the SDGs. Through their direct operations, mining companies can generate profits, employment, and economic growth in low-income countries. And through partnerships with government and civil society, mining companies can ensure that benefits of mining extend beyond the life of the mine itself, so that the mining industry has a positive impact on the natural environment, climate …
Preview—Asarco Llc V. Atlantic Richfield Company: Allocation Of Remediation Costs Under Cercla, Nyles G. Greer
Preview—Asarco Llc V. Atlantic Richfield Company: Allocation Of Remediation Costs Under Cercla, Nyles G. Greer
Public Land & Resources Law Review
The Ninth Circuit Court of Appeals originally scheduled oral arguments in this matter for Tuesday, March 31, 2020, at 9:00 a.m. in the William K. Nakamura Courthouse in Seattle, Washington. Due to the COVID-19 pandemic, the Ninth Circuit has postponed oral arguments in this matter. While still subject to change due to the pandemic, the court has rescheduled oral arguments for April 27, 2020, at 9:00 a.m. in Courtroom 2 of the William K. Nakamura Courthouse in Seattle, Washington. Shannon Wells Stevenson will likely appear on behalf of the Appellant. Gregory Evans will likely appear on behalf of the Appellee.
Public-Private Partnerships And Smart Growth: A Legislative Tool Kit For Public- Infrastructure Projects, Emma Lagle
Public-Private Partnerships And Smart Growth: A Legislative Tool Kit For Public- Infrastructure Projects, Emma Lagle
Pace Environmental Law Review
No abstract provided.
Extraterritoriality In Common Law Climate Actions: Judicial Restraint Or Judicial Error?, Aaron B. Rudyan
Extraterritoriality In Common Law Climate Actions: Judicial Restraint Or Judicial Error?, Aaron B. Rudyan
Pace Environmental Law Review
No abstract provided.
Omnipresent Chemicals: Tsca Preemption In The Wake Of Pfas Contamination, Frederick A. Mcdonald
Omnipresent Chemicals: Tsca Preemption In The Wake Of Pfas Contamination, Frederick A. Mcdonald
Pace Environmental Law Review
Over the past few decades, studies addressing the harms of PFAS have gradually progressed, and now scientists believe increased exposure could lead to reproductive defects and a higher risk of cancer. Given the amplified concern surrounding these pervasive chemicals, states are proactively filing lawsuits on behalf of their citizens and enacting legislation to combat this nation-wide contamination epidemic. However, given the 2016 Amendment to the Toxic Substances Control Act of 1976, states looking to regulate the manufacturing or looking to ratify a state- wide ban on the manufacturing of such chemicals may face preemption under actions taken by the United …
How Clean Is Clean?: An Analysis On The Difference Between The Affordable Clean Energy Rule And The Clean Power Plan And Why States Should Adhere To Stricter Emissions Standards, Katherine Mccormick
How Clean Is Clean?: An Analysis On The Difference Between The Affordable Clean Energy Rule And The Clean Power Plan And Why States Should Adhere To Stricter Emissions Standards, Katherine Mccormick
Pace Environmental Law Review
No abstract provided.
Stadium Development: Special Treatment From Special Legislation, Caleb Tomaszewski
Stadium Development: Special Treatment From Special Legislation, Caleb Tomaszewski
Marquette Sports Law Review
None
Earth Mothers, Soy Boys, And Cool Dudes: Practicing Law While Protecting The Environment, Elizabeth J. Hubertz
Earth Mothers, Soy Boys, And Cool Dudes: Practicing Law While Protecting The Environment, Elizabeth J. Hubertz
Scholarship@WashULaw
As a public-interest environmental lawyer, this author explores gender in the legal profession. Specifically, gender in environmental law. Through a recognition of the gendered dimensions of environmental law, this Article explores the nature-culture binary, the relationship of meat to masculinity, and perceptions of the risks and threats of climate change.
Preview—Atlantic Richfield Company V. Christian: The Intersection Of Superfund And State-Law Restoration Claims, Emily M. Mcculloch
Preview—Atlantic Richfield Company V. Christian: The Intersection Of Superfund And State-Law Restoration Claims, Emily M. Mcculloch
Public Land & Resources Law Review
The Supreme Court of the United States will hear oral arguments in this matter on Tuesday, December 3, 2019, at 11:00 a.m. in the Supreme Court Building in Washington, D.C. Lisa S. Blatt will likely appear for the Petitioner. Joseph R. Palmore will likely appear for the Respondents. Solicitor General Noel J. Francisco will likely argue on behalf of the United States.
Wildearth Guardians V. Zinke, Emily M. Mcculloch
Wildearth Guardians V. Zinke, Emily M. Mcculloch
Public Land & Resources Law Review
WildEarth Guardians v. Zinke marks an important decision prompting the Bureau of Land Management to seriously consider greenhouse gas emissions when performing environmental assessments for oil and gas leasing. WildEarth Guardians and Physicians for Social Responsibility, two non-profit organizations, asserted BLM improperly failed to recognize greenhouse gas emissions and their impacts on climate change when issuing oil and gas leases in three western states. The United States District Court for the District of Columbia agreed, finding that by failing to take a hard look at environmental impacts from its leasing decisions, BLM violated the National Environmental Policy Act’s requirements.
Law School News: Rwu Law Marine Programs Included In $1.2m Aquaculture Research Grant 10-07-2019, Michael M. Bowden
Law School News: Rwu Law Marine Programs Included In $1.2m Aquaculture Research Grant 10-07-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
A Wall Runs Through It: Comparing Mexican And Californian Legal Regimes In The California Floristic Province, Joseph E. Farewell
A Wall Runs Through It: Comparing Mexican And Californian Legal Regimes In The California Floristic Province, Joseph E. Farewell
Loyola of Los Angeles International and Comparative Law Review
Habitats are often divided by international borders, leaving ecosystems in varying states of protection, development, and danger. The California Floristic Province, which traverses the United States-Mexico border, is one such example. This border, which divides a once-continuous ecological region, not only represents an international crossing, but also a shift in legal, land, and conservation regimes. These differences reveal particular vulnerabilities for California Floristic Province habitat on the Mexican side of the border region, showing that the ecosystem is in danger because of rapid real estate development pressures and unfavorable environmental laws. Accordingly, this note recommends three main changes to Mexican …