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Conversation In My Parlor About Climate Change And The Call To Thoughtful Service By Lawyers With Disabilities, Gary Norman Esq. Llm

Journal of Law and Health

Pope John Paul II penned, "So much of our world seems to be in fragments, in disjointed pieces." Experts admonish that an irreparable threshold of 1.5°C for global temperatures is not a theoretical remonstrance but an imminent imperative. Is this true? This article will explore if climate change exists. I will thoughtfully respond to this question in the affirmative, exploring center-based solutions. Specifically, this article will urge that these great United States require a new generation of leaders who can embody the energy of a Brother President Theodore Roosevelt, who possesses the eloquence of President John Kennedy, and who, like …

New York's Constitutional Guarantee Of Environmental Rights, Katrina Fischer Kuh, Nicholas A. Robinson, Scott Fein

Elisabeth Haub School of Law Faculty Publications

New York is embarking on the interpretation and implementation of potentially transformative constitutional reform, the addition of Article I, § 19 to New York’s Bill of Rights, which provides that “Each person shall have the right to clean air and water, and a healthful environment.” To ensure the fulsome and effective implementation of Article I, § 19, and give effect to the intent of the legislators and voters who adopted it, it will be important to provide substantive guidance to courts, government actors, and litigants in the interpretation and application of the new constitutional text. In Pennsylvania and other states, …

Streamlining Wildlife Regulation, Robert L. Fischman

Michigan Journal of Environmental & Administrative Law

A recent burst of revisions in the bedrock regulations governing projects that may adversely affect wildlife represents a generational shift in policy. Streamlining federal decision -making drove much of this reform. Streamlining offers a path to address climate change without abandoning a longstanding commitment to wildlife conservation. The conservation community recognizes the need to build new infrastructure to reduce the rate of climate change through air emissions. The most urgent priority is decarbonizing the electrical ~rid through renewable energy generation and a better transmission network. Adaptation to the "new abnormal" of climate-driven environmental disruption demands federal approvals for a host …

Labor And Environment Entwined: A Radical Green New Deal And Just Transition In Appalachia, Anne Marie Lofaso, Nicholas F. Stump

West Virginia Law Review

In this Article, Professor Lofaso and Professor Stump propose a genuinely transformative Green New Deal and Just Transition in Appalachia. The Article opens by tracing the long history of the Appalachian labor and environmental movements. Next, the Article interrogates the common contention that the Appalachian environmental and labor movements are opposed. While this contention has substantial truth, more complex forces have been at work in the region. Fossil fuel industry elites, for instance, have wielded exaggerated “jobs versus environment” rhetoric to maximize profits and quash emergent solidarities among local workers, residents, and activists. This Article contends that a key solution …

Lobbying For Our Lives: A Comprehensive Analysis Of The Impact Of Restrictive Non-Profit Lobbying Rules On The Progression Of Climate Change Legislation, Natalia Akopian

University of the District of Columbia Law Review

Lobbying is a powerful tool that allows interest groups to influence lawmakers and shape policy decisions. However, the ability to effectively lobby is not evenly distributed among stakeholders. Generally, private businesses face minimal restrictions on lobbying while tax-exempt organizations, particularly non-profits advocating for environmental policies, operate under strict federal limitations on lobbying activities and expenditures. This structural disparity has created an uneven playing field where corporate interests, such as the fossil fuel industry, wield disproportionate influence over climate policy. As a result, climate-friendly legislation often struggles to gain traction despite the public’s growing concern over environmental issues.

This note examines …

Encouraging Expanded Producer Responsibility In Agricultural Labor Relations, Emma I. Scott

William & Mary Environmental Law and Policy Review

Over two million farmworkers provide essential support to the country’s food system. As detailed below, their current working conditions, living conditions, and legal protections do not reflect the importance of their contributions. As regulations and enforcement have fallen short in securing their rights and economic position, public incentive schemes can encourage improvements and equip grower-employers to reverse the race to the bottom and instead become leaders in providing dignified work opportunities. This Article looks at recent attempts and opportunities to leverage federal policies and programs to incentivize this type of leadership. It proposes that the U.S. Department of Agriculture (USDA) …

Envisioning A Duty Of Directors To Link Executive Compensation To Climate Change: Lessons From Europe, Alberto R. Salazar V.

William & Mary Environmental Law and Policy Review

The practice of tying executive compensation to climate change goals has gained some traction. However, designing a duty of directors to link executive pay to climate change objectives poses significant challenges. Some lessons can be drawn from countries attempting to establish such a duty. This Article examines Europe’s Corporate Sustainability Due Diligence Directive (CSDDD) and its negotiation process and draws insights for effectively crafting such a duty. The CSDDD, which entered into force on July 25, 2024, mandates large companies operating in Europe to conduct due diligence on human rights and environmental impacts with respect to their own operations and …

Plastics, Carbon, Politics, And Experimentation In Environmental Governance, Donald T. Hornstein

William & Mary Environmental Law and Policy Review

In this Article, I discuss new developments on waste reduction involving plastics and continued social experimentation in greenhouse gas (GHG) reduction, especially as framed in two just-concluded, major international negotiations. In doing so, I describe the search for next-generation policies on waste reduction, including, but not limited to, extended producer responsibility (EPR) programs, along with newly announced policies on carbon offset markets as they relate to GHG reduction. In each case, society is on the verge of what movie producers might call “remakes” with EPR and other waste-reducing programs replacing first-generation recycling efforts and newly designed carbon offset markets replacing, …

The Climate Whisperers, Cale Jaffe

Michigan Journal of Environmental & Administrative Law

Environmental groups and their allies have seen two of the bedrock statutes of modern environmental law (the Clean Air Act, Clean Water Act) eroded through recent decisions from the Supreme Court. At the same time, political polarization around climate policy- the gap between Republicans and Democrats on whether worsening global warming merits a response- is wider than it has ever been.

Despite these dispiriting headwinds, there are some encouraging counterpoints of recent climate progress in politically conservative communities. The heart of this essay is simply sharing these stories so we can learn from them. I label the advocates who succeeded …

21st Annual Diversity Symposium Dinner 2025, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Wildfire Smoke And U.S. Law, Michael B. Gerrard

Faculty Scholarship

Many of the most wicked feedback effects of climate change relate to wildfire smoke. In some places the greenhouse gases poured into the atmosphere by wildfires exceed the reductions achieved by all efforts to fight climate change. At the same time, climate change is a major reason why wildfires are becoming more frequent and intense. Climate change and wildfires feed each other. However, environmental law and climate policy have paid relatively little attention to wildfires. The smoke from these fires — a major cause of illness and death, even thousands of miles from the blazes — is mostly unregulated. Efforts …

Information For Environmental Governance: The Value Of State Of The Environmental Reports In A Polarized Era, Michael Vandenbergh, M. Caballero, Ethan I. Thorpe

Vanderbilt Law School Faculty Publications

The increasingly dysfunctional federal democratic process poses chal- lenges to effective, consistent responses to the most important environmental risks. Information about the state of the environment and the performance of environmental protection measures can play a surprisingly important role by providing the information necessary for the public and decision-makers to resist disinformation efforts and prioritize the responses to these threats. Until 1997 the White House Council on Environmental Quality (CEQ) produced annual State of the Environment (SOE) reports as required by Section 201 of the National Environmental Policy Act of 1969. In response to paperwork reduc- tion legislation adopted in …

Toward Integral Security: How Environmental Protection Was Incorporated Into The United Nations System And Why It Matters Today And Tomorrow, Patricia M. Mische

The Journal of Social Encounters

How did the United Nations - an international organization built on 19^th century worldviews and state-centric structures, integrate 21^st century challenges of environmental protection into its mission and programs? The UN Charter includes no mandate for environmental protection. Ecological integrity was not included in the scope of peace and security held by member states when they ratified the UN Charter. Yet, despite this and other historical, philosophical and structural limitations, the UN became the leading body for the development of global environmental policy.

Pedagogy Of The Polluted: Environmental Justice For School Communities, Sarah M. Hofgesang

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Unveiling A Hidden Hazard: A Deep Dive Into Forever Chemicals And The Urgent Need For Solutions, Katie L. Uszakiewicz

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Law School News: Eddie Ahn Demonstrates The Impact Of Combining Advocacy, Creativity, And Authenticity 3-24-2025, Jane Govednik

Life of the Law School (1993- )

No abstract provided.

What Did Scotus Do To Wotus?, Hailey Rizzo

Ocean and Coastal Law Journal

The term “waters of the United States” has sparked half a century of debate among policymakers, judges, Supreme Court Justices, the Environmental Protection Agency, and the Army Corps of Engineers, culminating in the Supreme Court’s 2023 decision in Sackett v. Environmental Protection Agency. This Article chronicles the interpretive history of “waters of the United States” within the context of wetlands and discusses the broader implications of the Sackett decision on the nation’s water bodies.

Law School News: Acclaimed Environmental Lawyer And Graphic Memoirist Eddie Ahn To Visit Rwu Law 3-7-2025, Helga Melgar

Life of the Law School (1993- )

No abstract provided.

The Dormant Power Of State Agencies To Fight Environmental Racism, David Handelman-Holmes

Michigan Law Review

Despite repeated promises by Democratic presidents to address environmental justice (EJ), meaningful federal action on the issue remains elusive. The EJ obligations that have been imposed on federal agencies are all purely procedural, not substantive. Such procedural obligations—like filing environmental impact statements and providing forums for community feedback—may facilitate greater transparency and accountability from industry and government agencies. But in the absence of more substantive obligations—like stricter emissions caps in highly burdened communities of color—these procedural requirements are often satisfied through mere box-checking. Meanwhile, litigants pursuing relief through the U.S. Constitution’s Equal Protection Clause face closed courthouse doors unless they …

Tfpa, Wildfire Mitigation, And The Dissemination Of Indigenous Knowledge, Lauren Palmer

Pace Environmental Law Review

The United States is experiencing a multitude of environmental issues across the country, including increasingly frequent and disastrous wildfires. Simultaneously, Indigenous persons are demanding their right to self-sovereignty and working to preserve intergenerational Indigenous Knowledge including cultural burning practices. Cultural burning is a practice of many Indigenous tribes that help environments and the species that comprise them, foster and grow. To further help tribes with their mission in keeping Indigenous Knowledge alive and to reduce the frequency and severity of destructive wildfires, this article argues the federal government should amend federal acts to provide Indigenous tribes with a greater opportunity …

Town Hall On The Sustainable Development Goals And Racial Justice In Miami–Dade County, Tamar Ezer, Denisse Córdova Montes, Abigail L. Fleming, Lily Arslanian, Kristina Bergman, Jordan Brooks, Alexis Burns, Cassandra Hacker, Zoe Henderson, Estefania Hernandez, Alyssa Huffman, Photini Kamvisseli Suarez, Brianna Sanchez, Lakshmi Sanmuganathan, Gabrielle Thomas, Abigail Wettstein

University of Miami Race & Social Justice Law Review

No abstract provided.

Taking Back Control: Using The Takings Clause To Hold Animal Agriculture Responsible For Its Waste Problem, Rowan Aragon

Northwestern University Law Review

Between the mid-twentieth century and modern day, the animal-agriculture model has shifted from small farms to industrial operations. During that evolution, the negative externalities of animal-farming practices have intensified. One of those externalities—animal waste—has become particularly problematic. Because of the sheer number of animals raised in the United States for slaughter and dairy production, the magnitude of animal waste produced is overwhelming. To deal with this problem, animal farmers often liquefy the animal waste and then spray it onto open fields. In that spraying process, liquefied animal waste carries through the air and reaches nearby homes, coating those properties with …

The Navajo Nation And The Colorado River: Their Current Statuses And The Tribe's Path Forward, Colton Gregg

American Indian Law Journal

No abstract provided.

Labor And Environment Entwined: A Radical Green New Deal And Just Transition In Applachia, Anne Marie Lofaso, Nicholas F. Stump

Faculty Articles and Other Publications

In this Article, Professor Lofaso and Professor Stump propose a genuinely transformative Green New Deal and Just Transition in Appalachia. The Article opens by tracing the long history of the Appalachian labor and environmental movements. Next, the Article interrogates the common contention that the Appalachian environmental and labor movements are opposed. While this contention has substantial truth, more complex forces have been at work in the region. Fossil fuel industry elites, for instance, have wielded exaggerated “jobs versus environment” rhetoric to maximize profits and quash emergent solidarities among local workers, residents, and activists.

This Article contends that a key solution …

Establishing Environmental Justice And Equity Boards In Localities & Comprehensive Planning, Jerome Brooks, Malcolm Jones, Monique Gatling-Way, Tammie Mobley, Sheena Palmer

The Grace E. Harris Leadership Institute Publications

No abstract provided.

Climate Change And Human Rights, Jean-Francois Hould, Sonya Savage, Kristy Balsanek, Victor Flatt

Canada-United States Law Journal

A panel discussion on addressing climate change and human rights in Canada and the United States.

Representing Climate Wreckers, Camila Bustos

Elisabeth Haub School of Law Faculty Publications

In recent years, lawyers have become increasingly aware of the implications of the climate crisis for legal practice. Amidst this context, United Nations Secretary General Ant6nio Guterres has urged recent graduates to decline work on behalf of "climate wreckers." This Article examines how professional responsibility rules and principles in the United States should be interpreted on a warming planet, particularly in the context of attorneys representing so-called "climate wreckers" in civil matters. I use the term "climate wrecker" to refer to fossil fuel corporations and trade associations that have engaged in public disinformation campaigns to stall climate action and sow …

The Bugbear Of Indigenous Commercial Fishing Rights On The Eastern Frontiers Of Australia And The United States, Teresa Singh

LL.M. Essays & Theses

Restrictions on the commercial exercise of Indigenous fishing rights are plentiful across the U.S. and Australia. They have particular force and prevalence for Indigenous communities residing in the sites of the first colonies in both nations. This note exposes the common history underlying the diminished rights in these regions and argues the situation amounts to a critical environmental injustice. It follows that environmental justice advocates and scholars should embrace and advance the more encompassing iteration of Indigenous fishing rights urged by this note and support their restoration as a form of corrective justice for these communities.

Article Iii Standing For Cercla Private Cost Recovery Actions: How The Test's Strained Logic Belies Its Authority, Jonathan M. Palacios

Fordham Environmental Law Review

This Note examines how Article III standing doctrine applies to

private plaintiffs’ cost recovery actions under § 107(a)(4)(B) of the

Comprehensive Environmental Response, Compensation, and

Liability Act. A review of judicial decisions reveals inconsistencies

in the analysis of injury in fact and traceability, and suggests that

current Article III standing doctrine is misaligned with its purported

objectives. In response, this Note proposes a structured framework

for assessing injury in fact and a refined approach to analyzing

traceability that distinguishes between different forms of causal

uncertainty. These doctrinal adjustments should better align case

outcomes with Article III standing doctrine’s constitutional and …

Obamacare For Homeowners Insurance: Fixing America's Broken Insurance Markets In A Time Of Climate Change, Daniel Benjamin Schwarcz

Articles

Over the last decade, homeowners insurance markets nationwide have experienced unprecedented instability due to climate change. These disruptions, which are likely to accelerate in the coming years, risk destabilizing real estate markets, triggering financial instability, and undermining the nation’s resilience to climate change. Despite these massive stakes, federal and state reforms to date have largely failed to result in more accessible and affordable homeowners insurance coverage that promotes climate change resilience. This Article offers a new way forward, arguing that today’s troubled homeowners insurance markets resemble the broken, state health insurance markets that pre-dated the 2010 passage of the Affordable …