Energy and Utilities Law Commons^™

Legal And Ethical Concerns Within Emergency Management, John R. Hiland, Cody Neal

ATU Research Symposium

Emergency management involves a complex interplay of logistical, social, and ethical considerations, with legal frameworks guiding actions at every stage. This research investigates the ethical and legal challenges inherent in the four phases of emergency management: mitigation, preparedness, response, and recovery. Through a multi-method approach including literature review, case studies with comparative analysis, this study aims to clarify the intersection of ethical and legal issues in emergency management and propose practical strategies for addressing these challenges.

In the mitigation phase, equitable resource allocation, environmental sustainability, and transparent decision-making emerge as key ethical concerns, while legal frameworks dictate compliance with regulations …

Climate Zoning, Christopher Serkin

Notre Dame Law Review

As the urgency of the climate crisis becomes increasingly apparent, many local governments are adopting land use regulations aimed at minimizing greenhouse gas (GHG) emissions. The emerging approaches call for loosening zoning restrictions to unlock greater density and for strict new green building codes. This Article argues that both approaches are appropriate in some places but not in others. Not all density is created equal, and compact multifamily housing at the urban fringe may actually in-crease GHG emissions. Moreover, where density is appropriate, deregulation will not necessarily produce it. And, finally, green building codes will increase housing costs and so …

The Secret Lives Of Environmental Rights, Sonya Ziaja

Pace Environmental Law Review

Do constitutional environmental rights change hearts and minds? How could they? This Essay describes three possible hypotheses of the relationships among constitutional environmental rights, meaning, and behavior: The Separate Domains Approach, The Constitutive Approach, and The Mutually Constitutive Approach. The theories underlying these hypotheses, and explored in this Essay, may provide some insight into constitutional environmental rights and how they may evolve throughout generations.

State Constitutions In The Woods, Quinn Yeargain

Pace Environmental Law Review

Before the adoption of environmental rights provisions beginning in the 1970s, most state constitutions did not contain provisions that protected the natural environment from degradation. Instead, to the contrary, many constitutions—especially in western states—contained policies that have long entrenched carbon-intensive infrastructures and have favored extractive industries. But starting in the early 1900s, a handful of states began amending their constitutions to incorporate environmental policy provisions. These additions helped preserve forested lands by giving state governments the power to respond to uncontrolled forest fires and adopt policies to prevent deforestation. Other amendments established fish and game commissions as constitutional entities, safeguarding …

Some Lessons For Crafting A State Constitution-Based Right To A Clean Environment, Heidi Gorovitz Robertson

Pace Environmental Law Review

While New York most recently added an environmental rights amendment to its constitution, Pennsylvania and Montana have had these amendments in their constitutions since the seventies. Hawaii, Rhode Island, Illinois, and Massachusetts have enacted weaker iterations of rights to a clean environment. Other states, like Maine, have faced challenges that blocked an amendment’s passage. This Article provides an initial analysis of the state environmental rights amendments currently in place, examining their origins, language, placement in the constitutions, and the major judicial decisions impacting their interpretation. It concludes by comparing the existing environmental rights amendments to the proposed amendment that failed …

Indigenizing The Right To A Healthy Environment, Elisabeth Parker, Heather Tanana

Pace Environmental Law Review

The most severe impacts resulting from environmental degradation are experienced by already-vulnerable populations, including Indigenous peoples. A growing number of countries are formally recognizing the basic human right to a healthy environment, which can help realize environmental and climate justice for these communities. On July 28, 2022, the United Nations General Assembly passed a landmark resolution formally recognizing the human right to a clean, healthy, and sustainable environment. The adoption of this resolution represents a pivotal moment in the understanding and implementation of a human rights-based approach to protecting the environment. However, it is important to recognize that historically, Indigenous …

Green Amendments, Land Use, And Transportation: What Could Go Wrong?, Michael Lewyn

Pace Environmental Law Review

As more states amend their constitutions to include a green amendment, the vague nature of these amendments leaves a concerning amount of interpretative power to courts. This article examines how some courts have interpreted green amendments and how these interpretations risk the misuse of green amendments. Additionally, this article examines how such misuse may be avoided.

The Value Of Constitutional Environmental Rights And Public Trusts, John C. Dernbach

Pace Environmental Law Review

As part of the modern environmental movement of the 1970s, five states (Hawaii, Illinois, Massachusetts, Montana, and Pennsylvania) adopted constitutional amendments recognizing a right to a quality environment, a public trust for public natural resources, or both. Half a century later, there is a renewed interest in constitutional environmental rights, inspired in no small part by the failure of existing laws to adequately address the climate crisis. A sixth state (New York) recognized a constitutional right to a quality environment in 2021, and more than a dozen states are considering such amendments. Still, the great majority of environmental protection at …

130 Years And Counting Into Forever — New York's Forever Wild Constitutional Amendment And Lessons For Modern Green Amendments, Timothy E. Cox

Pace Environmental Law Review

In the 135 years of New York’s Forever Wild Amendment’s existence, it has been challenged by a range of court cases and thereby interpreted by courts throughout New York. The results of these cases frequently have upheld the heart of Forever Wild: to protect New York’s Forest Preserve land. This Article provides a history of the Forever Wild Amendment, an analysis of the courts’ and New York Attorney General’s interpretations of the Amendment, and a discussion of how this information can guide the future of New York’s Green Amendment.

Administering Environmental Justice: How New York’S Environmental Rights Amendment Could Transform Business As Usual, Rebecca Bratspies

Pace Environmental Law Review

Since New York became the latest state to pass an environmental rights amendment, there has been a great deal of analysis regarding how the judi- ciary will interpret the Green Amendment; however, state and local officials need not wait for the courts to enforce the Green Amendment. This Article explores the authority state and local officials have to carry out the purpose of the Green Amendment. Additionally, it discusses what the passage of the Green Amendment means in practice and how, and why, state officials such as the Attorney General should implement the Green Amendment.

Introduction, Marisa Barber

Pace Environmental Law Review

Introduction

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, Kim Wilson, Brian Brammer

Public Land & Resources Law Review

No abstract provided.

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, Joshua Ozymy, Melissa Ozymy

Public Land & Resources Law Review

No abstract provided.

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

Public Land & Resources Law Review

No abstract provided.

Building A Cleaner, More Resilient Energy System In Cuba: Opportunities And Challenges, Korey Silverman-Roati, Daniel Whittle, Romany M. Webb, Jeffrey P. Fralick, Lila Harmar

Sabin Center for Climate Change Law

Cuba’s energy sector is at a crossroads. The country’s mostly fossil fuel-fired energy system faces a number of longstanding and serious challenges, including breakdowns at aging power plants, decreasing fuel imports and fuel shortages, and the growing threat of climate change-related disruptions. In recent years, Cuba has seen frequent electric blackouts and brownouts that have affected residents, businesses, and government institutions island wide.

Compounding these problems, Cuba is facing a severe economic crisis. In 2022, year-on-year inflation was 39% (down from 77% in 2021). While inflation is estimated to have dropped to 30% in 2023, the price of food increased …

Rebutting 33 False Claims About Solar, Wind, And Electric Vehicles, Matthew Eisenson, Jacob Elkin, Andy Fitch, Matthew Ard, Kaya Sittinger, Samuel Lavine

Sabin Center for Climate Change Law

Achieving the United States’ ambitious emissions reduction goals depends in large part on the rapid adoption of wind and solar energy and the electrification of consumer vehicles. However, misinformation and coordinated disinformation about renewable energy is widespread and threatens to undermine the transition. In this report, the Sabin Center identifies and examines 33 of the most pervasive false claims about solar energy, wind energy, and electric vehicles, with the aim of promoting a more informed discussion.

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.