Digital Commons Network^™

Economic Hazards Of Environmental Justice For Lower-Income Housing Tenants, Anu Paulose

William & Mary Environmental Law and Policy Review

No abstract provided.

Agenda: Seeds Of Change: Responding To Global Change In A Bottom-Up World, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law, Posner Center For International Development, Resolve (Firm), Newmont Mining Corporation

Seeds of Change: Responding to Global Change in a Bottom-Up World (Martz Winter Symposium, February 12-13)

Sponsors: Posner Center for International Development, RESOLVE, Inc., Newmont Mining Corporation, and Getches-Wilkinson Center for Natural Resources, Energy, and the Environment.

Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, Britt Banks, and Lakshman Guruswamy.

This conference is made possible through the generous support of donors who sponsored this year’s Martz Sustainability Symposium (including Newmont Mining Corporation) and those who have invested in our Clyde O. Martz Endowed Fund for Natural Resources Management (including Brian Dolan and Davis Graham and Stubbs LLP). The Martz Natural Resources Management Fund was established in the memory …

The Failure Of Environmental International Law During Times Of War, Blake Lara

University of Baltimore Journal of Land and Development

Throughout history, war and armed conflict have maintained a continuous presence around the world. Though the reasons for war change, various nations emerge and subside, and populations alter, one of the constant elements of war is its degrading effect on the environment. In addition to indirect effects on the environment that ultimately result from war, nations have used the environment as both a weapon and target of war. For example, during the Peloponnesian War, the Spartans salted Athenian lands to make them infertile. In the Franco-Dutch War from 1672 to 1678, dikes and damns were destroyed in order to create …

Public Hazard, Personal Peril: The Impact Of Non-Governmental Organizations In The Environmental Justice Movement, Andrea Y. Simpson

Richmond Journal of Law and the Public Interest

This article argues that the local emphasis of what I call micromovements that form the larger Environmental Justice Movement could gain more traction from relationships with Non-Governmental Organizations. Such partnerships are emerging on a national level; however, since the localized movements communicate with, but are not partners with, national organizations such as the National Black Environmental Network, it is unclear how such partnerships add value to the activities of local groups. Moreover, some partnerships are forged for the organization of a specific event such as a conference or working group study Part II of this article discusses an overview of …

Environmental Law At Maryland: 2015 Year In Review

Environmental Law at Maryland

No abstract provided.

Environmental Justice As Civil Rights, Wyatt G. Sassman

Richmond Journal of Law and the Public Interest

Environmental justice litigation using the Equal Protection Clause and civil rights statutes has largely failed. This article explains that failure as a result of a general shift by federal courts to limit the scope of civil rights law rather than an improper characterization of environmental justice as a civil rights issue. This explanation is important to both encourage and caution environmental justice advocates and scholars as they approach claims under Title VIII. I suggest that Title VIII's ability to bridge property and dignity may still present a powerful and much-needed tool for bringing equality to environmental law, but that, based …

The Failure Of Washington's Fish Consumption Rate: How It Affects Residents, The Economy, And The Environmental Protection Agency, Jenna Zwang

Washington Journal of Environmental Law & Policy

Washington’s fish consumption rate has remained unchanged since the 1980s, and now environmental groups are calling foul. While abiding by the State’s current rate, which is one of the lowest consumption rates in the nation, Washington industries are able to dump higher levels of carcinogenic materials into local waterways. However, the health risks that these toxic chemicals pose to Washington residents may pose liability issues for the state if the rate is not effectively changed. Washington has begun looking towards neighboring Oregon as a model for reframing the fish consumption rate discussion, but their proposal does not go far enough.

Climate Change & The Public Trust Doctrine: An Analysis Of Atmospheric Trust Litigatin, Kassandra Castillo

San Diego Journal of Climate & Energy Law

As Professor Charles Wilkinson explains, “The public trust doctrine is rooted in the precept that some resources are so central to the well-being of the community that they must be protected by distinctive, judge-made principles.” Because a healthy and habitable atmosphere is essential to the survival of the human race, it is imperative that the public trust doctrine be interpreted in a way to include the atmosphere within its scope. Civil litigation is an effective legal mechanism to expand the public trust doctrine’s scope by way of the judiciary. Once a state judiciary can determine the applicability of the public …

Regulating Farming: Balancing Food Safety And Environmental Protection In A Cooperative Governance Regime, Margot J. Pollans

Elisabeth Haub School of Law Faculty Publications

After providing a brief overview of regulation in each area, Part I of this Article identifies three types of discordance between produce safety and environmental protection on farms. First, because of limited resources, farmers will have to choose between implementing food safety practices and implementing environmental practices. Second, indirect trade-offs between the two regulatory goals result in damaging collateral consequences for the environment. Food safety regulation may exacerbate a range of existing environmental harms. Third, there is at least one direct clash that may make compliance with food safety law incompatible with participation in certain environmental programs. Part I also …

Legal Tools For Climate Adaptation Advocacy: Flood Insurance, Matt Sienkiewicz

Sabin Center for Climate Change Law

This paper explores the impact that climate change will have on flooding and provides details on the operation and functions of the National Flood Insurance Program (NFIP). The paper then discuss the ways the current regime discourages adaptation to climate change, and offers suggestions for how readers can promote climate change adaptation by advocating for changes to the NFIP.

Climate Change Law In California And Massachusetts: Lessons For State Policy Makers, Riti Chandiok

UC Law Environmental Journal

No abstract provided.

Environmental Concerns In India: Problems And Solutions, Mahesh Chandra

Journal of International Business and Law

No abstract provided.

Climate Change Adaptation In Indian Country: Tribal Regulation Of Reservation Lands And Natural Resources, Jamie Kay Ford, Erick Giles

William Mitchell Law Review

No abstract provided.

Redd+: Climate Justice Or A New Face Of Manifest Destiny? Lessons Drawn From The Indigenous Struggle To Resist Colonization Of Ojibwe Forests In The Nineteenth And Twentieth Centuries, Philomena Kebec

William Mitchell Law Review

No abstract provided.

"Free The Land": A Call For Local Governments To Address Climate-Induced Food Insecurity In Environmental Justice Communities, Liza Guerra Garcia

William Mitchell Law Review

No abstract provided.

The Political Economy Of Environmental Justice: A Comparative Study Of New Delhi And Los Angeles, Ratik Asokan

CMC Senior Theses

Though mainstream environmentalism, both in the U.S. and India, was initially rooted in social justice, it has, over time, moved away from this focus. The Environmental Justice Movement consequently arose to reunite social and environmental activism. In this thesis, I trace the historical relationship between the mainstream environmentalism, the Environmental Justice Movement, and marginalized communities. After providing this general overview, I examine two case studies – in Los Angeles and New Delhi respectively – where marginalized communities have been involved in Environmental Justice activities. My analysis reveals that marginalized communities often act in an ‘environmentalist’ or ‘environmentally friendly’ manner, without …

Environmental Justice As Civil Rights, Wyatt G. Sassman

Richmond Public Interest Law Review

Environmental justice litigation using the Equal Protection Clause and civil rights statutes has largely failed. This article explains that failure as a result of a general shift by federal courts to limit the scope of civil rights law rather than an improper characterization of environmental justice as a civil rights issue. This explanation is important to both encourage and caution environmental justice advocates and scholars as they approach claims under Title VIII. I suggest that Title VIII's ability to bridge property and dignity may still present a powerful and much-needed tool for bringing equality to environmental law, but that, based …

Women Talking About Water: Feminist Subjectivities And Intersectional Understandings, Leila M. Harris, Jyoti Phartiyal, Dayna Nadine Scott, Megan Peloso

Articles & Book Chapters

In this study based on discussions held by women's groups across Canada on water challenges and interests, we recognized that in the current context in Canada, women are truly connected with peoples, humans or any other form of life. They recognize that water is socially embedded, integrating issues of social, ecological and intergenerational justice in relation to complex changes in riparian landscapes. Clearly their talk is from a gender perspective, but we also found movement beyond gender that nuanced cross-sectoral understanding, critical links between gender, class and ethnicity are frequently mentioned.

Beyond Science And Hysteria: Reality And Perceptions Of Environmental Justice Concerns Surrounding Marcellus And Utica Shale Gas Development, Ann M. Eisenberg

Faculty Publications

The debate surrounding the use of hydraulic fracturing (also known as “fracking” or “HF”) to extract natural gas from the Marcellus and Utica shale deposits is often characterized as a tension between economic development and environmental risks. But frequently missing from this dichotomy is the fact that the concerns of many who oppose HF use extend beyond the purely “environmental,” and also include concerns about issues such as “the natural resource curse” and losing autonomy. These concerns ring of “environmental justice” rather than “environmentalism.” Environmental justice espouses the belief that no group should bear disproportionate environmental consequences resulting from industrial …

Interim Payments And Economic Damages To Compensate Private-Party Victims Of Hazardous Releases, Julie E. Steiner

Faculty Scholarship

There is a gap in tort recovery for many hazardous release victims. Hazardous spill victims receive different damage compensation based solely upon the type of hazardous substance released, with oil spill victims benefitting from a number of statutory damage recovery mechanisms that victims of other type of hazardous substance releases do not receive. Specifically, those injured by oil spills receive interim payments and recover for their economic loss. Yet, many victims injured by non-oil hazardous spills will incur economic harm but will not receive compensation because of a prohibition on recovery for economic loss absent accompanying physical injury or private …

Public Hazard, Personal Peril: The Impact Of Non-Governmental Organizations In The Environmental Justice Movement, Andrea Y. Simpson

Richmond Public Interest Law Review

This article argues that the local emphasis of what I call micromovements that form the larger Environmental Justice Movement could gain more traction from relationships with Non-Governmental Organizations. Such partnerships are emerging on a national level; however, since the localized movements communicate with, but are not partners with, national organizations such as the National Black Environmental Network, it is unclear how such partnerships add value to the activities of local groups. Moreover, some partnerships are forged for the organization of a specific event such as a conference or working group study Part II of this article discusses an overview of …

Nrdc Sues Epa For A Failure To Issue Hazardous Substance Regulations: The End Of A Decades-Long Public Risk In Sight, Jack Morgan

Law Student Publications

Currently there are no federal regulations that prevent hazardous substance spills at onshore facilities, such as tank farms, or in communities where a spill of those chemicals could threaten water supplies. On July 21, 2015, the Natural Resources Defense Council (NRDC) filed a complaint on behalf of the Environmental Justice Health Alliance for Chemical Policy Reform (EJHA) and People Concerned About Chemical Safety (PCCS) against EPA and EPA Administrator Gina McCarthy in her official capacity as administrator, in the U.S. District Court for the Southern District of New York. The case has been assigned to Judge Shira A. Sheindlin. The …

You Get What You Pay For: The Nfip Is Underwater And Climate Change Adaptation Is Essential To Reach Dry Land, Alana Dietel

Florida A & M University Law Review

Climate change is a reality, and Florida is uniquely situated to feel its effects sooner than other states. This is due to the prediction of a substantially rising sea level and the fact that a majority of the most populated and popular areas in Florida are located along or near the coasts. Part I of this article examines the realities of climate change. Part II reviews the current state of the most significant attempt at flood insurance by the Federal government, the NFIP. Part II also reviews Florida’s statewide initiatives, as well as local initiatives of three distinct Florida counties. …

County Demographic Influence On Toxic Chemical Activities Of Chemical-Related Industry In Michigan, Lisa Helen Perricane

Walden Dissertations and Doctoral Studies

There are a large number of chemical facilities that emit toxic chemicals in Michigan, and there is a concern regarding toxic chemical exposure to the residents of Michigan counties. However, it is uncertain whether chemical companies that emit toxic chemicals in Michigan are influenced by county demographic factors in deciding whether to engage in voluntary pollution prevention (P2) activities and whether this decision influences U.S. Environmental Protection Agency's (U.S. EPA) Risk-Screening Environmental Indicators (RSEI) scores. Using Bullard's theory of environmental justice, the purpose of this quantitative study was to determine if there was a correlation between chemical-related industry's voluntary P2 …

Environmental Justice, Human Rights, And The Global South, Carmen Gonzalez

Faculty Articles

From the Ogoni people devastated by oil drilling in Nigeria to the Inuit and other indigenous populations threatened by climate change, communities disparately burdened by environmental degradation are increasingly framing their demands for environmental justice in the language of environmental human rights. Domestic and international tribunals have concluded that failure to protect the environment violates a variety of human rights (including the rights to life, health, food, water, property, and privacy; the collective rights of indigenous peoples to their ancestral lands and resources; and the right to a healthy environment). Some scholars have questioned the utility of the human rights …

Bridging The North-South Divide: International Environmental Law In The Anthropocene, Carmen Gonzalez

Faculty Articles

This article calls for a fundamental reorientation of international environmental law to bridge the North-South divide and respond to the ecological crises of the Anthropocene. Such a reconceptualization of international environmental law must be normatively grounded in respect for nature and in the quest for environmental justice within, as well as between, countries. International environmental law must directly challenge the relentless drive toward economic expansion and unbridled exploitation of people and nature rather than merely attempt to mitigate its excesses. An essential step toward such a reconceptualization is to examine the ways in which international law has historically engaged with …

The Impacts Of Health Status And Exposure To Environmental Toxins On Children's Grade Point Average In El Paso, Texas, Stephanie Elizabeth Clark

Open Access Theses & Dissertations

Studies in the US have found that both exposure to environmental toxins and children's general health status negatively impact children's academic achievement. This Thesis will be made of up two papers. The first examines the impact of exposure to residential air toxins from a variety of sources on student's academic achievement and the second paper incorporates a measure of children's general health status into the statistical model from the first paper. This Thesis employs National Air Toxics Assessment (NATA) risk estimates from a variety of sources and individual-level data collected through a mail survey of fourth and fifth grade school …

Latina/O High School Students' Standpoint On Environmental Justice In A Border Community: A Phenomenological Study, Cynthia Christina Ontiveros

Open Access Theses & Dissertations

This qualitative research is a transcendental phenomenology seeking to understand Latin@ high school students’ perceptions and standpoints as they participated lessons that addressed border environmental justice issues in an underrepresented, marginalized community. Seven students from Borderland High School, enrolled in a senior level course, Environmental Science, participated in the study which focused on their experiences in an environmental justice air quality thematic unit built around the complex issues surrounding a local refinery, American Smelting and Refining Company (ASARCO). The study analyzed the meaning students made and their standpoints regarding the impact of the factory and its one-hundred year history polluting …

Following New Lights: Critical Legal Research Strategies As A Spark For Law Reform In Appalachia, Nicholas F. Stump

American University Journal of Gender, Social Policy & the Law

The nascent “critical legal research” movement applies the constellation of critical theory to the American legal research regime. Work in this discourse has unpacked the means through which commercial print and online legal resources (e.g., Westlaw and Lexis) insidiously channel the efforts of legal researchers, essentially predetermining research outcomes. Although legal research is commonly conceived as a normatively neutral paradigm, such commercial homogenizing agents (paired with traditional methods of legal analysis) in fact reflect and perpetuate society’s dominant interests. As grounded in the existing literature, this Article outlines novel strategies that may together constitute one potential version of a critically …

Beyond Known Worlds: Climate Change Governance By Arbitral Tribunals?, Valentina Vadi

Vanderbilt Journal of Transnational Law

Can economic development and the fight against climate change be integrated successfully? What role, if any, does international investment law play in global climate governance? Can foreign direct investments (FDI) be tools in the struggle against climate change? What types of claims have foreign investors brought with regard to climate change--related regulatory measures before investment treaty arbitral tribunals? This Article examines the specific question as to whether foreign direct investments can mitigate and/or aggravate climate change. The interplay between climate change and foreign direct investments is largely underexplored and in need of systematization. To map this nexus, this Article proceeds …