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Full-Text Articles in Law
Environmental Justice And The Possibilities For Environmental Law, Sarah Krakoff
Environmental Justice And The Possibilities For Environmental Law, Sarah Krakoff
Publications
Climate change and extreme inequality combine to cause disproportionate harms to poor communities throughout the world. Further, unequal resource allocation is shot through with the structures of racism and other forms of discrimination. This Essay explores these phenomena in two different places in the United States, and traces law’s role in constructing environmental and economic vulnerability. The Essay then proposes that solutions, if there are any to be had, lie in expanding our notions of what kinds of laws are relevant to achieving environmental justice, and in seeing law as a possible tactic for instigating broader social change but not …
Environmental Law, Big Data, And The Torrent Of Singularities, William Boyd
Environmental Law, Big Data, And The Torrent Of Singularities, William Boyd
Publications
How will big data impact environmental law in the near future? This Essay imagines one possible future for environmental law in 2030 that focuses on the implications of big data for the protection of public health from risks associated with pollution and industrial chemicals. It assumes the perspective of an historian looking back from the end of the twenty-first century at the evolution of environmental law during the late twentieth and early twenty-first centuries. The premise of the Essay is that big data will drive a major shift in the underlying knowledge practices of environmental law (along with other areas …
Introductory Remarks: International Energy Governance, Lakshman Guruswamy
Introductory Remarks: International Energy Governance, Lakshman Guruswamy
Publications
No abstract provided.
Genealogies Of Risk: Searching For Safety, 1930s-1970s, William Boyd
Genealogies Of Risk: Searching For Safety, 1930s-1970s, William Boyd
Publications
Health, safety, and environmental regulation in the United States are saturated with risk thinking. It was not always so, and it may not be so in the future. But today, the formal, quantitative approach to risk provides much of the basis for regulation in these fields, a development that seems quite natural, even necessary. This particular approach, while it drew on conceptual and technical developments that had been underway for decades, achieved prominence during a relatively short timeframe; roughly, between the mid-1970s and the early 1980s--a time of hard looks and regulatory reform. Prior to this time, formal conceptions of …
A Wrong Turn Crushes Protective Air Regulations: American Trucking Ass'ns V. Epa, Deborah Nicole Behles
A Wrong Turn Crushes Protective Air Regulations: American Trucking Ass'ns V. Epa, Deborah Nicole Behles
Publications
This Comment analyzes whether American Trucking correctly concluded that the NAAQS informal rulemaking procedure, specifically the 1997 PM revision process, lacked an "intelligible principle" in violation of the nondelegation doctrine. Part I outlines the judicially imposed restraints on agency rulemaking and describes the history of the NAAQS revisions, particularly the revised PM standard. Part II describes American Trucking and discusses the reasoning behind the court's challenge to find an "intelligible principle" for the NAAQS revisions. Part III argues that American Trucking erred because the EPA did follow an "intelligible principle" when it promulgated the 1997 revised PM standards. This Comment …
Book Review, Lakshman D. Guruswamy
Uproar At Dancing Rabbit Creek: Battling Over Race, Class & The Environment, Colin Crawford
Uproar At Dancing Rabbit Creek: Battling Over Race, Class & The Environment, Colin Crawford
Publications
For the first five years of the 1990's, Noxubee County, Mississippi experienced a deeply divisive battle over the proposed siting there of one of the nation's biggest toxic waste dump and incineration facilities. Noxubee County, which is nearly 70% African-American, is also desperately poor. The fight over the proposed waste facility was in part a question of jobs versus environmental protection yet, as the selection below suggests, the waste fight was also influenced by long-standing animosities and social divisions-factors that, in my view, have been insufficiently appreciated by environmental justice activists and environmental lawyers alike.