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Full-Text Articles in Law
Energy Justice And Renewable Rikers, Rebecca Bratspies
Energy Justice And Renewable Rikers, Rebecca Bratspies
University of Miami Law Review
Unsustainable energy practices generate the lion’s share of global carbon emissions as well as staggering levels of deadly particulate pollution. Replacing the current dirty, fossil fuel-based system with affordable, clean energy is both a human rights imperative and a climate change necessity. This transition, which has already begun, creates the opportunity to do things differently. By confronting the structural racism embedded in existing energy structures, we can build a just transition rather than just a transition. This Article uses New York City’s Renewable Rikers project as a case study to explore how we might take advantage of the intersections between …
Seeding A Movement: Indigenous Food Sovereignty, Mariaelena Huambachano
Seeding A Movement: Indigenous Food Sovereignty, Mariaelena Huambachano
University of Miami Law Review
For many Indigenous peoples, well-being is bound up with and inseparable from the natural world. But since colonialism, Indigenous traditions and access to traditional foods or foodways have been disrupted, imperiling their health and well-being. In this Article, I discuss the role of Indigenous cosmovision/worldview and Indigenous Food Sovereignty in achieving environmental justice. Specifically, in this Article, I discuss that despite, or perhaps because of, efforts to deny Indigenous peoples’ access to healthy and culturally appropriate foods, Indigenous Food Sovereignty took a rise of preciousness in informing natural regenerative food systems, and ultimately, “holistic/collective well-being.”
Indigenous Knowledge As Evidence In Federal Rule-Making, Edward Randall Ornstein
Indigenous Knowledge As Evidence In Federal Rule-Making, Edward Randall Ornstein
University of Miami Law Review
Recent and historic federal guidance instructs agencies to consider Indigenous Knowledge in decision-making where it is available. However, tribal advocates are faced with many hurdles, in the form of “information quality” criteria, which requires the collection and dissemination of Indigenous Knowledge to conform to a complex set of procedural rules before agencies may be willing to consider it as evidence for rule-making. This Article seeks to define Indigenous Knowledge, highlight the hurdles to its implementation by federal agencies, and equip tribal advocates and officials with strategies and a demonstrative example of best practices for the packaging and presentation of Indigenous …
Public Health Impacts And Intra-Urban Forced Displacement Due To Climate Gentrification In The Greater Miami Area—Community Lawyering For Environmental Justice And Equitable Development, Theresa Pinto, Abigail Fleming, Sabrina Payoute, Elissa Klein
Public Health Impacts And Intra-Urban Forced Displacement Due To Climate Gentrification In The Greater Miami Area—Community Lawyering For Environmental Justice And Equitable Development, Theresa Pinto, Abigail Fleming, Sabrina Payoute, Elissa Klein
University of Miami Law Review
Because Miami-Dade County is “ground zero” for such climate effects as sea-level rise and increasingly hazardous, climate-driven Atlantic hurricanes, the coral rock ridge that runs along the Eastern coast of South Florida is a prime target for redevelopment and “climate” gentrification. Through a community and movement lawyering for environmental justice approach, we partnered with local community organizations to contribute to the ongoing work of community-driven equitable development. In partnership, we developed an environmental public health study to understand and document the public health effects on disadvantaged communities in Miami-Dade County from forced intra-urban displacement due to redevelopment that is being …
Evolving Legal Conceptions Of “Energy Communities”, Uma Outka
Evolving Legal Conceptions Of “Energy Communities”, Uma Outka
University of Miami Law Review
The concept of “energy communities” has had long-standing and evolving significance in the United States and in other countries around the world. Under the Biden Administration, the term “energy communities” has acquired new legal meanings that differ by context and continue to evolve. This Article traces the shifting meaning of “energy communities” and examines how it relates to other dominant references to “communities” in the context of energy law and policy, including environmental justice, low-income, underserved, and disadvantaged communities, as well as newer community-scale energy system innovations, such as community solar or “advanced energy communities.” International comparisons, such as with …
Actions And Reactions: The Evolution Of Environmental Common Law And Judicial Activism In India And The United States, Elizabeth B. Fata
Actions And Reactions: The Evolution Of Environmental Common Law And Judicial Activism In India And The United States, Elizabeth B. Fata
University of Miami International and Comparative Law Review
No abstract provided.
Brazil's Launch Of Lender Environmental Liability As A Tool To Manage Environmental Impacts, Bianca Zambão
Brazil's Launch Of Lender Environmental Liability As A Tool To Manage Environmental Impacts, Bianca Zambão
University of Miami International and Comparative Law Review
Due to an emerging Brazilian doctrine of environmental liability, lenders now face the prospect of lawsuits that seek remediation of, or compensation for, environmental damages resulting from their borrowers' activities. Unprecedented judicial decisions (based on a strict, joint and several environmental liability for lenders) broad standing, and ongoing initiatives of the government portray financial institutions as the best target to pursue environmental protection in the country. That scenario, however, may represent a detour from the imperative improving the functionality of the public administration. This article examines how legal actors are shaping Brazil's environmental law enforcement and the extent to which …
Who Is Encroaching Whom? The Balance Between Our Naval Security Needs And The Environment: The 2004 Rrpi Provisions As A Response To Encroachment Concerns, Natalie Barefoot-Watambwa
Who Is Encroaching Whom? The Balance Between Our Naval Security Needs And The Environment: The 2004 Rrpi Provisions As A Response To Encroachment Concerns, Natalie Barefoot-Watambwa
University of Miami Law Review
No abstract provided.
The Emergence Of Exacted Conservation Easements, Jessica Owley Lippmann
The Emergence Of Exacted Conservation Easements, Jessica Owley Lippmann
Articles
No abstract provided.
Tribal Sovereignty Over Water Quality, Jessica Owley
The Use Of Arbitration By Federal Agencies To Solve Environmental Disputes: All Wrapped Up In Red Tape, Sarah B. Belter
The Use Of Arbitration By Federal Agencies To Solve Environmental Disputes: All Wrapped Up In Red Tape, Sarah B. Belter
University of Miami Law Review
No abstract provided.
Environmental Interest Groups And Land Regulation: Avoiding The Clutches Of Lucas V. South Carolina Coastal Council, Steven R. Levine
Environmental Interest Groups And Land Regulation: Avoiding The Clutches Of Lucas V. South Carolina Coastal Council, Steven R. Levine
University of Miami Law Review
No abstract provided.
The Impact Of The 1986 Superfund Amendments And Reauthorization Act On The Commercial Lending Industry: A Critical Assessment, Steven B. Bass
The Impact Of The 1986 Superfund Amendments And Reauthorization Act On The Commercial Lending Industry: A Critical Assessment, Steven B. Bass
University of Miami Law Review
No abstract provided.