Natural Resources Law Commons^™

Of Sex Crimes And Fencelines: How Recognition Of Environmental Justice Communities As Crime Victims Under State And Federal Law Can Help Secure Environmental Justice, Joshua Ozymy, Melissa L. Jarrell

Pace Environmental Law Review

Environmental justice communities throughout the United States continue to face disproportionate health burdens from living near industrial sources of pollution. Such burdens were caused by historically racist public policies and continue to be perpetuated by inadequate regulatory responses at the federal and state level. State and federal law has increasingly recognized an emerging set of rights afforded to victims of crime in court proceedings. We argue that members of environmental justice communities should be viewed as crime victims and have the same rights applied as other victims of violent crime. Using case examples under the federal Crime Victims’ Rights Act …

Come Hell Or High-Water: Challenges For Adapting Pacific Northwest Water Law, Robert T. Caccese, Lara B. Fowler

Pace Environmental Law Review

The Pacific Northwest region of the United States has been recognized as a leader in crafting water laws that work to balance human needs and ecological considerations. However, this region is experiencing changing dynamics that test the strength of existing water policies and laws. Such dynamics include increasing populations, new and exempt uses, quantification of tribal treaty rights, species protection, renegotiation of the Columbia River Treaty, and the impacts of a changing climate. Together, these dynamics are stressing the legal framework, which remains vital to ensuring sustainable water supplies now and into the future. The history behind water resources management …

Protecting Natural Resources - Forever: The Obligations Of State Officials To Uphold "Forever" Constitutional Provisions, Rachel E. Deming

Pace Environmental Law Review

This Article analyzes the attacks on a state constitutional conservation lands program since the election of a governor and state legislature opposed to environmental regulation in 2010 – a precursor to current happenings at the federal level under the Trump administration. Former Florida Governor Rick Scott and his administration have spent an average of over $40 million a year in taxpayer money to defend and, in most cases, pay judgments, in lawsuits challenging mandates of the Florida Constitution.

I examine this issue of ignoring or deliberately violating constitutional requirements through the lens of state constitutional provisions that protect natural resources, …

Microgrids: Legal And Regulatory Hurdles For A More Resilient Energy Infrastructure, Raquel Parks

Pace Environmental Law Review

Natural disasters and climate change have made it apparent that energy infrastructure needs to be modernized and microgrids are one type of technology that can help the electricity grid become more resilient, reliable, and efficient. Different states have begun developing microgrid pilot projects including California, New York, Connecticut, and Pennsylvania. The City of Pittsburgh, Pennsylvania is the first city to propose implementing “energy districts” of microgrids that will serve as critical infrastructure, in the first phase, and then expand to commercial and community settings. This large project involves many shareholders including public utilities, government agencies, and private entities. Utilizing microgrids …

Armageddon: The Inevitable Death Of Nuclear Power And Whether New York State Has The Legal Authority To Keep It On Life Support, David Solimeno

Pace Environmental Law Review

This Note seeks to make the argument for New York’s ZEC program as a legitimate exercise of state power. Part I provides context—the history of nuclear power, the rise and fall in the incidence of nuclear power projects, and why such investments are failing. Part II then provides an overview of the CES and the ZEC program contained therein. In Part III, the legal challenges filed in response to Tier 3 are discussed, as well as the Illinois case which parallels the conventional generator challenge in New York. Part III will also discuss relevant legal precedent the cases concern, namely …

Carbon Pricing In New York Iso Markets: Federal And State Issues, Justin Gundlach, Romany Webb

Pace Environmental Law Review

New York’s Clean Energy Standard (“CES”), adopted in August 2016, aims to steer the state’s electricity sector away from carbon-intensive generation sources. It supports low-carbon alternatives by requiring retail electricity suppliers to purchase credits, the proceeds from which are paid to renewable and nuclear generators. Recognizing that this will affect the operation of wholesale electricity markets, New York’s electric transmission grid operator (the “New York Independent System Operator” or “NYISO”) has commenced a review to assess possible means of incorporating the cost of carbon emissions into market prices. This Article explores two approaches to carbon pricing in NYISO markets: the …

Friends Or Foes? The Problem Of South Florida’S Invasive Mangroves, Kelly J. Cox, Rafael J. Araújo

Pace Environmental Law Review

A recent global review on the impacts of climate change on mangroves concluded that different regions will experience varying degrees of impacts due to the variability of expected changes in climate (shifts in precipitation, frequency and intensity of storms, droughts, sea level rise, change of ocean currents, increases in CO2 concentrations, etc.) and the variety of types and mangrove assemblages growing in these regions, including different species composition of mangrove forests. In North America and the Caribbean, these changes are dependent upon a predicted higher frequency (and intensity) of tropical storms, sea level rise, changes in patterns of precipitation, and …

Labor Leading On Climate: A Policy Platform To Address Rising Inequality And Rising Sea Levels In New York State, J. Mijin Cha

Pace Environmental Law Review

With the renewed need for state action, this paper presents a case study of a labor-led initiative in New York State that seeks to address both economic inequality and the climate crisis. It discusses how organized labor, which has historically represented fossil fuel workers and has not been seen as a traditional climate ally, put forth a comprehensive climate jobs plan that could meaningfully reduce carbon emissions while also creating good, family-sustaining jobs to reduce income inequality. As the need for a broader coalition to advocate for sensible climate policy increases, this case study provides a road map for states …

City Sustainability Reporting: An Emerging & Desirable Legal Necessity, Adam J. Sulkowski

Pace Environmental Law Review

This article will begin with a brief history of sustainability reporting, including recent developments related to its adoption by cities. The author will then review two major trends that, considered together, indicate sustainability reporting should be viewed as an emerging legal necessity for municipalities in the United States. First, the exemption shielding cities from the disclosure requirements of securities laws has eroded. Second, sustainability disclosures now fit the definition of what must—as a matter of materiality, if not specific mandates—be reported to investors. This means that the cities that have collectively issued over $3.67 trillion in securities2 should all be …

A Sitting Duck: Local Government Regulation Of Hunting And Weapons Discharge In The State Of New York, Gary E. Kalbaugh

Pace Environmental Law Review

On March 31, 2014, the New York State Legislature significantly modified New York's Environmental Conservation Law. The Environmental Conservation Law imposes limitations on the discharge of longbows. A longbow is defined by New York's Department of Environmental Conservation as “a longbow, recurve bow or compound bow which is designed to be used by holding the bow at arm's length, with arrow on the string, and which is drawn, pulled and released by hand or with the aid of a hand-held trigger device attached to the bowstring.”

Before the 2014 amendment, longbows could not be discharged in such a way that …

Municipal Wildfire Management In California: A Local Response To Global Climate Change, Sameer Ponkshe

Pace Environmental Law Review

This Note will examine the wildfire issue in California within the context of municipal government. Part II-A will present a concise look at the current state of affairs regarding climate change, which demonstrates that because little has changed on the international level regarding emissions reductions, the responsibility of protecting people from the catastrophes associated with climate change will fall to lower levels of government. Part II-B will then discuss how wildfire activity is affected by climate change, with specific attention to how the western U.S. has been affected. Part III of this Note focuses on actions of several different municipalities …

How To Avoid Constitutional Challenges To State Based Climate Change Initiatives: A Case Study Of Rocky Mountain Farmers Union V. Corey And New York State Programs, Lauren Baron

Pace Environmental Law Review

Considering the decision in Rocky Mtn. v. Corey and the EPA's actions in accordance with the President's Plan, this comment will outline best practices states can use in creating climate initiatives based on the challenges California faced in Rocky Mtn. v. Corey. Part II of this comment will analyze the reasoning in Rocky Mtn. v. Corey. Although certiorari was denied in the case, Part II will analyze recent Supreme Court dormant Commerce Clause jurisprudence to determine which cases are relevant to consider when analyzing a dormant Commerce Clause challenge to state based climate initiatives. Part III will discuss the current …

California Climate Law---Model Or Object Lesson?, Daniel A. Farber

Pace Environmental Law Review

In the invitation to this Symposium on Reconceptualizing the Future of Environmental Law, the organizers explained that the Symposium “focuses on the continued expansion of environmental law into distinct areas of the law, requiring an increasingly multidisciplinary approach beyond that of traditional federal regulation.” In short, the question posed is about the future proliferation of environmental measures outside the previous domains of federal environmental statutes.

At the risk of being guilty of local parochialism, I would like to discuss how the future described by the organizers has already arrived in California--both in the sense that a great deal is happening …

Engines Of Environmental Innovation: Reflections On The Role Of States In The U.S. Regulatory System, Alexandra Dapolito Dunn, Chandos Culleen

Pace Environmental Law Review

This article focuses on the role that states play in environmental regulation. Specifically, this article offers examples of the central part in the evolution of United States environmental regulation states played in the past, continue to play today, and will play in the future. First, this article explores the history of state environmental regulation, demonstrating that despite a lack of resources, states were actively engaged in environmental regulation before the advent of the modern era of federal environmental regulation in the 1970s. This article relates not only the regulatory efforts of states, but also the practical benefits of state regulation. …

Koontz V. St. Johns River Water Management District: Can Environmental Impact Analysis Preserve Sustainable Development From The New Reach Of The Supreme Court's Exactions Jurisprudence?, Patrick F. Carroll

Pace Environmental Law Review

The United States Supreme Court has raised the legal standard for a municipality to use land use exactions for sustainable development. Land use exactions frequent local government affairs and occur when a government demands a dedication of land or money in exchange for a municipal approval, such as a permit. Koontz v. St. Johns River Water Management District found certain proposed government exactions for land use permits as “demands” on the applicant and required a “‘nexus' and ‘rough proportionality’ between the property that the government demands and the social costs of the applicant's proposal,” regardless of whether the exaction was …

The Tyranny Of Plastics: How Society Of Plastics, Inc. V. County Of Suffolk Prevents New Yorkers From Protecting Their Environment And How They Could Be Liberated From Its Unreasonable Standing Requirements, Albert K. Butzel, Ned Thimmayya

Pace Environmental Law Review

Ever since the Court of Appeals of New York issued its holding in the landmark case Society of Plastics Industry, Inc. v. County of Suffolk, citizen oversight of government-approved and government projects with environmental implications has suffered curtailment inconsistent with the objectives of the State Environmental Quality Review Act (SEQRA). At the center of the conflict between SEQRA and citizen enforcement are the restrictive standing requirements formulated by Society of Plastics, which include the demand that a petitioner demonstrate harm distinct from injury to the general public. Not only does such a prerequisite for consideration of a case's merits ignore …