Participation In Paradise?: Indigenous Participation And Environmental Decisionmaking In HawaiʻI, 2024 Florida State University
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, 2024 Seattle University School of Law
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, 2024 University of Washington
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., 2024 Seattle University School of Law
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 …
Locke’S “Wild Indian” In United States Supreme Court Jurisprudence, 2024 Winthrop University
Locke’S “Wild Indian” In United States Supreme Court Jurisprudence, Anthony W. Hobert Phd
American Indian Law Journal
This article explores the impact of John Locke’s Two Treatises on United States Indigenous property rights jurisprudence. After discussing Locke’s arguments, the article turns to the rationales of the first and last cases of the Marshall Trilogy—Johnson v. McIntosh (1823) and Worcester v. Georgia (1832)—arguing that, contrary to prevailing political theory, Marshall’s opinion for the Court in Johnson puts forth a fundamentally Lockean justification for the dispossession of Indigenous property. This article also provides a brief analysis of Marshall’s explicit Vattelian rationale in Worcester, commentary on recent developments regarding the precedents, and recommendations for reconciling them within contemporary …
Community Leadership For Healthy Lakes In New York, 2024 Elisabeth Haub School of Law at Pace University
Community Leadership For Healthy Lakes In New York, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This is the text of a speech given at the 2024 New York State Federation of Lake Associations annual conference on May 3, 2024 in Lake George, New York.
Solar Energy Industries Association V. Federal Energy Regulatory Commission, 2024 University of Montana, Alexander Blewett III School of Law
Solar Energy Industries Association V. Federal Energy Regulatory Commission, Brandy Keesee
Public Land & Resources Law Review
In Solar Energy Industries Association v. Federal Energy Regulatory Commission (“Solar Energy”), the court grappled with a complex web of regulatory and environmental considerations. The overall dispute was the promulgation and implementation of Order 872, a directive issued by the Federal Energy Regulatory Commission (“FERC” or “Commission”), and its alignment with the Public Utility Regulatory Policies Act of 1978 (“PURPA”) and the Administrative Procedure Act (“APA”). The dispute in Solar Energy is about FERC’s interpretation and application of PURPA in managing qualifying facilities (“QFs”). The crux of the contention was whether FERC’s 2020 rule revisions set forth in Order 872 …
The Fight For Fluoridation In Stl, 2024 University of Missouri-St. Louis
The Fight For Fluoridation In Stl, Noor Yousaf
Undergraduate Research Symposium
Fluoridation is the addition of fluoride to a source of drinking water. In St. Louis’s public water supply, the amount of fluoride remains the same since 1953 at 5ppm. Dr. Ralph Rosen and his team of dentists and researchers advocated for the fluoridation of the water because it reduced the frequency of dental caries occurring in children and adults alike, but the public had opinions on the sudden addition of chemicals to their water. This includes how the public’s health will be affected, how consumer products would change, and also how effective this addition of fluoride would be. This debate …
What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, 2024 University of Montana
What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward
Public Land & Resources Law Review
No abstract provided.
Avoiding The Pitfalls In Administrative Record Review Cases, 2024 University of Montana
Avoiding The Pitfalls In Administrative Record Review Cases, Kim Wilson, Brian Brammer
Public Land & Resources Law Review
No abstract provided.
Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, 2024 University of Montana
Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier
Public Land & Resources Law Review
No abstract provided.
States Of Mind Or State Of Crime: Exploring The Prosecution Of Environmental Crimes In The Western United States, 2024 University of Montana
States Of Mind Or State Of Crime: Exploring The Prosecution Of Environmental Crimes In The Western United States, Joshua Ozymy, Melissa Ozymy
Public Land & Resources Law Review
No abstract provided.
Cutting The Mussel's Threads: A Legal Perspective On Invasive Species, 2024 University of Montana
Cutting The Mussel's Threads: A Legal Perspective On Invasive Species, Hallee C. Frandsen
Public Land & Resources Law Review
No abstract provided.
Leveraging Esg Principles To Help Secure Critical Mineral Supply Chains, 2024 University of Montana
Leveraging Esg Principles To Help Secure Critical Mineral Supply Chains, Kaycee May Royer
Public Land & Resources Law Review
No abstract provided.
Editors And Staff Members, 2024 University of Montana
U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement, 2024 American University Washington College of Law
U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement, Ariana Lippi
Sustainable Development Law & Policy
Though the case is ongoing, and results are still to be seen, it in many ways sets a precedent for indigenous communities in Latin America seeking redress for environmental and cultural injustices. With Colombia’s recent ratification of The Escazú Regional Agreement (the Agreement herein) in 2022, this case presents a unique opportunity for implementation of the Agreement and greater accountability within existing domestic legislation.
Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, 2024 American University Washington College of Law
Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, Ganeswar Matcha, Sudarsanan Sivakumar
Sustainable Development Law & Policy
This paper analyses the governance machine in place at the Arctic and examines the application of the principles of “common heritage of mankind” at the Arctic. This paper also offers some tentative propositions aimed at protecting Out Bound investment rights and how the World Trade Organization or other countries, like the U.S., can intercede in the Arctic investment sphere and attempt to regulate along with the United Nations Convention for the Law of the Sea.
Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, 2024 American University Washington College of Law
Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham
Sustainable Development Law & Policy
The disparate climate performances of Finland and the United States, two of the wealthiest countries in the world, bring to light the question of how corporate responsibility has been inspired in each jurisdiction. Having established the urgency of the climate crisis and the importance of corporate behavior in optimizing a given country’s approach to protection of the global environment, an examination of each nation’s legal frameworks may shed light on features of the corporate regime that are effective in advancing sustainability goals and those that are not.22 Part I of this paper establishes a comparative framework by providing background on …
Editor's Note, 2024 American University Washington College of Law
Editor's Note, Shade Streeter, Reagan Ferris
Sustainable Development Law & Policy
The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.
Many Miles To Go Before We Sleep: The Long Road To Creating A Comprehensive Global Plastics Treaty, 2024 Villanova University Charles Widger School of Law
Many Miles To Go Before We Sleep: The Long Road To Creating A Comprehensive Global Plastics Treaty, Dr. Gerry Nagtzaam
Villanova Environmental Law Journal
No abstract provided.