Environmental Law Commons^™

The Initial Response Of Biodiversity Conventions To The Covid-19 Pandemic, Royal C. Gardner, Lauren Beames, Katherine Pratt

William & Mary Environmental Law and Policy Review

The COVID-19 pandemic disrupted the operations of global biodiversity conventions, requiring virtual meetings in place of in-person events. Yet the pandemic also highlighted the importance of biodiversity conservation as a mechanism to reduce the risk of zoonotic diseases, as the October 2020 report issued by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (“IPBES”) emphasized. Now that in-person, international meetings have resumed, this Article examines the extent to which four biodiversity conventions—the Agreement on the Conservation of African-Eurasian Migratory Waterbirds, the Ramsar Convention, the Convention on International Trade in Endangered Species, and the Convention on Biological Diversity—considered the nexus …

Legal Basis And Procedures Unification On Oil Spill Damage Compensation In International Convention On Civil Liability For Oil Pollution Damage (1992) And The International Convention On Civil Liability For Bunker Oil Pollution Damage (2001): On Indonesian International Private Law Perspective, Cindy A. Prasasti, Kania P. Rahmadiani, Fayza N. Muthmainnah

Journal of Private International Law Studies

Oil spills into the sea have always been a major threat to the environment since the increase of oil and hazardous substances trade by sea-going vessels and seaborne craft since the 1960s. Consequently, it became necessary to ensure sufficient compensation for persons who suffer from damage caused by pollution emerging from the discharge of oil from ships. The 1969 International Convention on Civil Liability for Oil Pollution Damage (Civil Liability Convention/CLC) and The 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage (Bunker Convention) grant compensation for parties suffering from damages of oil pollution. Despite being established as …

Participation In Paradise?: Indigenous Participation And Environmental Decisionmaking In HawaiʻI, Lindsay Peterson

American Indian Law Journal

No abstract provided.

How Redistricting Affects Native Representation: The Turtle Mountain Band Of Chippewa, Ryland Mahre

American Indian Law Journal

No abstract provided.

Digital Allotment And Vanishing Indians: Idsov And Llms, Sam Mcveety

American Indian Law Journal

No abstract provided.

6ppd-Q, Tires, And Salmon, Oh My: Policies And Remedies For Tribes In The Acute Mortality Of Coho Salmon In The Puget Sound Region., Meralina Morales

American Indian Law Journal

The pervasive reliance on automobiles within society exacerbates environmental degradation in low-income and communities of color, notably in Native and tribal communities. The leaching of Tread Wear Particles (TWP), including the detrimental 6PPD-quinone (“6PPD-q”), into waterways, significantly impacts aquatic ecosystems. This issue is especially impactful for endangered species, like the coho salmon, that hold profound cultural significance for indigenous tribes in the Pacific Northwest, for example, the Nez Perce Tribe believes that the fate of the salmon and people are linked.[1]

The scientific foundations of 6PPD-q's impact on salmon through bioaccumulation and biomagnification highlights its environmental justice implications. This …

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 …

Protecting The Environment In Times Of Armed Conflict: The 2023 Elisabeth Haub Award For Environmental Law And Diplomacy Transcript, Nicholas Robinson

Pace Environmental Law Review

2023 Elisabeth Haub Award for Environmental Law and Diplomacy honoring Ambassador Marja Lehto of Finland and Former Ambassador Marie Jacobsson of Sweden for their pivotal roles advancing environmental law and policy to protect the environment in times of armed conflict.

When It Rains, It Pours: Weather Modification Law In The United States And A Proposal For Federal Control, Brendan Woodruff

Pace Environmental Law Review

Though weather modification has been used as a strategy to address issues such as drought throughout history, there continues to be a lack of federal regulation addressing weather modification. This Note surveys state regulations on weather modification and examines the current status of how the federal government addresses weather modification. Ultimately, this Note makes the case for why the Department of the Interior should take on the federal regulation of weather modification.

Protecting Public Land From Trespass: Why The Six-Year Statute Of Limitations In 28 U.S.C. § 2415(B) Is Appropriate For All Trespass Cases On Federal Land, Zach Fader

Pace Environmental Law Review

The United States has the authority to bring claims for trespass on federal land under the statutes of the state in which the trespass occurs. Many states have statutes that codify and often alter the elements of common law trespass while also providing for double or treble damages. Thus, in cases of trespass on federal lands, the government is incentivized to bring claims under state trespass statutes. Doing so adds an alternate theory of liability and maximizes the opportunity to recover adequate damages. 28 U.S.C. § 2415(b), in part, sets a six-year statute of limitations for when the United States …

Fighting Climate Gentrification In The Courts, Samantha Blend

Pace Environmental Law Review

Climate gentrification, a specific type of gentrification that occurs when the impacts of climate change displace lower-income communities, will likely increase in severity as climate change worsens. While policies such as inclusionary zoning may be the most efficient way to combat climate gentrification, litigation can fill gaps that may arise in such policies. This Note examines potential causes of action for climate gentrification litigation and their likelihood of success. Based on an examination of the different causes of action and their likelihood of success, this Note concludes that climate gentrification litigation can help legitimize the issue of climate gentrification and …

The Oberlin Saga: Integrating North America’S Pipeline System And Potential Impacts On Hydrogen, Samuel Stephens

University of Miami Inter-American Law Review

This Article explores how the D.C. Circuit’s decision in City of Oberlin, Ohio v. FERC (2022) (Oberlin II) will impact future natural gas pipelines and potentially even future hydrogen infrastructure. While the decision reinforced support for integrating North American natural gas infrastructure, given uncertainties in how the United States will regulate the emerging hydrogen industry, there is a chance that the decision could be more expansive than what initially meets the eye. By continuing down the path of supporting North American energy integration, Congress, federal courts, and administrative agencies will help prepare the United States for an uncertain energy future. …

Sacramento Suburban Water District V. 3m Co., Loui E. Amos

Public Land & Resources Law Review

Per- and polyfluoroalkyl substances (“PFAS”), popularly known as “forever chemicals,” have seeped into drinking water supplies across the country. Almost all Americans have an accumulation of these substances in their blood, creating serious health risks. This exposure has created a vast unknown liability for the manufacture of these chemicals. But who should pay for the remediation of the water supply and the health effects of PFAS exposure? Mass toxic tort litigation has become ineffective, with jurisdictional hurdles and defendants’ creative techniques to sidestep judgments, such as corporate bankruptcy strategies. This ineffectiveness demonstrates the need for a long-term strategy comprising legislative …

Lustre Oil Co., Llc V. Anadarko Minerals, Inc., Ayden D. Auer

Public Land & Resources Law Review

The Montana Supreme Court held a limited liability company owned by the Assiniboine and Sioux Tribes was not protected against a quiet title action by sovereign immunity.

Esg, Sustainability Disclosure, And Institutional Investor Stewardship, Giovanni Strampelli

Washington and Lee Law Review Online

This Article sheds new light on the link between sustainability disclosure and institutional investors’ stewardship activities aimed at promoting improvements in the ESG performance of investee companies. On the one hand, sustainability disclosure is one of the information elements that may be relevant to institutional investors’ stewardship activities. On the other hand, improving the quality of sustainability reports provided by investee companies is often the ultimate goal of investor engagement initiatives. The role of climate and social disclosure is problematic from both perspectives. First, institutional investors, especially those with broadly diversified portfolios, are unable to use sustainability information directly and …

Breaking Ground: Understanding Indigenous Mining Disputes Through Negotiation Theory, Shaadie Ali

Minnesota Journal of Law, Science & Technology

No abstract provided.

Clearing The Darkened Air: Regulating Dark Patterns As Air Pollution, Michael Rosenbloom

Minnesota Journal of Law, Science & Technology

No abstract provided.

Carrots, Sticks, And The Evolution Of U.S. Climate Policy, Brian Murray, Jonas Monast

Texas A&M Law Review

The Inflation Reduction Act (IRA), enacted by Congress in 2022, is the most significant federal investment in decarbonization in U.S. history. The law makes hundreds of billions of dollars available for clean energy tax credits, grants to state and local governments, and other financial incentives for public and private investments. The IRA’s focus on incentives, or “carrots,” marks a significant departure from the emphasis on prescriptive regulations and penalties, or “sticks,” that are prominent in federal and state climate policies that predate the IRA. This Article situates the IRA within the existing climate policy framework and explores the long-term impacts …

In Defense Of 2.0°C: The Value Of Aspirational Environmental Goals, Albert C. Lin

Texas A&M Law Review

Aspirational goals, such as the Paris Agreement’s goals of avoiding a global temperature increase of 1.5°C or 2.0°C, can be found throughout environmental law. Such goals, though sometimes unrealistic, perform important functions. They may serve as asymptotic directives that guide implementing entities; yardsticks to measure and evaluate progress; expressions of social values; and expanders of policy space. As asymptotic directives, aspirational goals may push actors to achieve more than they otherwise might accomplish. Incorporated into treaties or statutes, they can serve as guideposts for implementing concrete substantive and procedural requirements. With the passage of time, aspirational goals function as yardsticks …

Left Behind: Funding Climate Action In The Global South, Chinonso Anozie

Texas A&M Law Review

Global clean energy transition envisions zero greenhouse gas emissions by 2050, as set by the United Nations. Consequentially, developed economies have made giant strides in reducing greenhouse gas emissions and achieving full decarbonization. However, the opposite remains true in the Global South, lagging in financing its climate action. Despite being disproportionately impacted by climate change, financial efforts by developed economies and the Global South have failed in placing the latter’s countries at par with clean energy investments of developed countries. Absent adequate financing of climate action in the Global South, the net zero goal will be nothing but a mirage. …