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Indeconstructible: The Triumph Of The Environmental “Administrative State”, Stephen M. Johnson

Articles

Shortly after the 2017 Presidential inauguration, a senior advisor to the President proclaimed that a top priority of the Administration would be the “deconstruction of the administrative state.” A primary target of the Administration’s deconstruction efforts was the U.S. Environmental Protection Agency (“EPA”) and federal environmental regulations.

While the President can use a variety of tools, including the appointment power, budget power, treaty power, and executive orders, to influence the manner in which the EPA and other agencies interpret and enforce laws, the President has very little power to unilaterally “deconstruct the administrative state.” The “administrative state” is a creation …

Disproportionate Realities: The Climate Justice Implications Of Mitigation Policies Across Scales, Tinuviel Carlson

Undergraduate Honors Theses

Global climate change will have disproportionate effects on low-income and minority communities around the world producing important justice challenges. As national governments increasingly rely on local governments, civil society, and private transnational actors to establish and implement climate actions policies, it is important to assess whether and how these newly emergent actors can address these justice challenges. First this thesis examines concepts of justice in relation to climate change across different scales in order to develop a comprehensive conceptual framework of climate justice. This conceptual framework expands the scale of the international climate justice movement address local concerns. Further, the …

Environmental Principles In U.S. And Canadian Law, Errol E. Meidinger, Daniel Spitzer, Charles Malcomb

Contributions to Books

Published as Chapter 29 in Principles of Environmental Law, Ludwig Krämer & Emanuela Orlando, eds.

Conclusions: The Value Of An Innovation Framework For International Law, Sara L. Seck, Alastair Neil Craik

Articles, Book Chapters, & Popular Press

The concluding chapter to Global Environmental Change and Innovation in International Law provides an assessment of the value of an innovation framework for further scholarship in the field of international environmental law. The authors note that thinking more systematically about how international law structures innovation and how innovation within law arises has potential to generate new insights into the role of law in the development of sustainable transitions and may provoke greater attention to the sources and processes of legal transformations themselves. Identifying the constraints to legal innovation, particularly in the context of increasingly complex system demands, was identified as …

Federalism, The Environment And The Charter In Canada, Dayna Scott

Articles & Book Chapters

This Chapter reviews the key jurisprudential developments in relation to the division of powers in Canada, exploring how the shared jurisdiction over the “environment” created by sections 91 and 92 of the Constitution has historically and continues to shape environmental law and policy. In addition to this federal-provincial struggle, the chapter considers the current trend towards local regulation of environmental matters according to the principle of ‘subsidiarity’, and the growing recognition of the ‘inherent jurisdiction’ of Indigenous peoples. The contemporary dynamics are explored through two critical policy case studies highlighting barriers to environmental justice: safe drinking water on reserves, and …

The Long Environmental Justice Movement, Jedediah Purdy

Faculty Scholarship

The standpoint of environmental justice has become integral to environmental law in the last thirty years. Environmental justice criticizes mainstream environmental law and advocacy institutions on three main fronts: for paying too little attention to the distributive effects of environmental policy; for emphasizing elite and professional advocacy over participation in decision making by affected communities; and for adhering to a woods-and-waters view of which problems count as “environmental” that disregards the importance of neighborhoods, workplaces, and cities. This Article highlights the existence of a “long environmental justice movement” that, like the long movements for racial equality and labor organizing, put …

Holding Fossil Fuel Companies Accountable For Their Contribution To Climate Change: Where Does The Law Stand?, Michael Burger, Jessica A. Wentz

Sabin Center for Climate Change Law

The judge who called for a climate tutorial in a federal court in San Francisco accepted the science that says that human-caused emissions of carbon dioxide play the central role in rising average global temperatures, increased sea levels, and coastal flooding – but threw out a lawsuit calling for financial reparations from the oil companies for causing these problems. Why? And what might the decision mean for other cases in other states, along similar lines, that are still in the works? Two environmental lawyers, one of whom was in the courtroom for the tutorial, explain.

Fertilizers And Nitrates In Drinking Water: State Water Board Tackles The Public Health Threat Of Contaminated Groundwater, Emel G. Wadhwani

UC Law Environmental Journal

No abstract provided.

Black Swan Reconfiguration: Legal Separation Of American Powers, Steven Ferrey

Suffolk University Law School Faculty Works

In a legal Black Swan event, the Supreme Court, in an unprecedented action, stayed and blocked implementation of the Obama Administration’s core domestic and international agenda — years before a legal challenge to the regulation would ever reach the highest Court. This decision underscores major changes in the legal separation of U.S. governmental powers, and alters long-standing Chevron deference to the executive branch.

The Clean Power Plan served as the foundation of the Obama Administration’s goal to reduce climate-warming gas emissions from power plants. It provided the legal mortar cementing the U.S. commitment to the 2015 International Paris Agreement on …

Human Rights, Indigenous Peoples, And The Global Climate Crisis, M. Alexander Pearl

Faculty Articles

The global climate crisis is an ongoing event the likes of which we have yet to experience. The science is clear, the phenomenon is traceable, and the effects are far-reaching. But, the consequences of the climate crisis affect particular populations more so than others, and often times the affected populations are voiceless. Among those most impacted are indigenous peoples. Indigenous peoples stand in a unique place in the context of climate change. In general, indigenous peoples have a comprehensive relationship with their place and surroundings, which incorporates culture, livelihood, economy, and a defining sense of self. Land and resources are …

The Many Sins Of Nepa, Richard A. Epstein

Texas A&M Law Review

Forthcoming

Prison Preparedness And Legal Obligations To Protect Prisoners During Natural Disasters, William Omorogieva

Sabin Center for Climate Change Law

Since at least 2004, the intensity of hurricanes and the damage they have caused in America has increased significantly. After the turbulent hurricane season of 2017, citizens should recognize the elevated risks to safety that occur when individuals stay put, especially during high-intensity hurricanes (Category 3 and higher). States of emergency and evacuation orders have been declared recently in many states and cities that anticipated extreme hurricane conditions. However, even with increased calls for evacuations, warnings from public officials, and around the clock media coverage, a significant portion of the population has continued to be overlooked during times of natural …

Water Supply Planning In Virginia: The Future Of Groundwater And Surface Water, Jonathon Lubrano, Jeffrey Moore

Virginia Coastal Policy Center

This paper begins by exploring the current state of water resources planning and permitting. Then, considers current water demand in Virginia, as well as future challenges. Next is an examination of management structures from other states and a discussion of potential solutions to the water scarcity issue, including wastewater purification, the Hampton Roads Sanitation District’s (HRSD) Sustainable Water Initiative For Tomorrow (SWIFT) project, and desalination. The paper concludes with various next steps and policy recommendations that the Commonwealth should consider as dwindling water resources could hamper economic growth and threaten drought conditions, such as regional planning to achieve the optimal …

Therapeutic Jurisprudence And Environmental Law – One Missing Link, Michael L. Perlin

Other Publications

No abstract provided.

Environmental Injustice And Racial/Ethnic Heterogeneity In Houston, Texas, Michel G. Loustaunau Garcia

Open Access Theses & Dissertations

This Thesis seeks to contribute to distributive environmental justice (EJ) research by analyzing racial/ethnic and intra-ethnic disparities in potential health risks from exposure to hazardous air pollutants (HAPs) in Harris County, the most populous county in Texas. Previous EJ research in this urban area has not examined intra-ethnic heterogeneity in exposure to air pollutants or attempted to compare social disparities in exposure to air pollution caused by vehicular (mobile) and point (stationary) sources. The goal of this study is to determine how the EJ implications of cancer risks from inhalation exposure to HAPs from mobile and stationary sources differ across …

Public Participation During Reactive, Crisis-Driven Drought Planning Versus Proactive, Preparedness Planning, C. Anna Ulaszewski

Walden Dissertations and Doctoral Studies

Droughts are occurring globally and should be recognized as a global issue and drought planning should use a proactive approach on the part of the world community. However, much drought planning, even in developed and highly developed countries, is reactive and programs are often poorly coordinated sometimes with unforeseen negative consequences for marginalized and disenfranchised populations. Literature pertaining to planning strategy for existing, drought crises is nominal and often contributes to patterns of reactiveness and resulting inequity. To gain a better understanding of crisis-driven planning and the participatory process, this gap was viewed through the lenses of institutional analysis and …

Protecting The Environment In An Era Of Federal Retreat: The View From New York City, Rebecca Bratspies

FIU Law Review

No abstract provided.

Empirical Environmental Scholarship, Robert L. Fischman, Lydia Barbash-Riley

Articles by Maurer Faculty

The most important development in legal scholarship over the past quarter century has been the rise of empirical research. Drawing upon the traditions of legal realism and the law and economics movement, a variety of social science techniques have delivered fresh perspectives and punctured false claims. But environmental law has been slow to adopt empirical tools, and our findings indicate that it lags behind other fields. There are several clear benefits from an empirical agenda to explore how to make environmental law more effective. But no previous article has applied the lessons from empirical scholarship in other fields to environmental …

The Long Environmental Justice Movement, Jedediah S. Purdy

Faculty Scholarship

The standpoint of environmental justice has become integral to environmental law in the last thirty years. Environmental justice criticizes mainstream environmental law and advocacy institutions on three main fronts: for paying too little attention to the distributive effects of environmental policy; for emphasizing elite and professional advocacy over participation in decision making by affected communities; and for adhering to a woods-and-waters view of which problems count as “environmental” that disregards the importance of neighborhoods, workplaces, and cities. This Article highlights the existence of a “long environmental justice movement” that, like the long movements for racial equality and labor organizing, put …

The “Right” Right To Environmental Protection: What We Can Discern From The American And Indian Constitutional Experience, Deepa Badrinarayana

Brooklyn Journal of International Law

Should there be a constitutional right to environmental protection? Arguments for and against are aplenty, but there is no consensus on this issue. Drawing on the experience within the U.S. and Indian Constitutions, this article posits that the right to environmental protection has normative and practical significance, because a constitutional right attaches to an individual and, hence, can protect an individual from environmental harms, whereas environmental laws, that focus primarily on reducing adverse environmental impact on a general population, may not. It further argues that, to be effective, three constitutionally-embedded rights that are central to preserving the right to environmental …

Advanced Biotechnology Tools For Invasive Species Management, Invasive Species Advisory Committee

National Invasive Species Council

Increasingly, genetic tools are being used to detect and solve pressing environmental, social, and health-related challenges. It is clear that investments in technology innovation can be game changing, as advances in biotechnology may provide new methods to protect the nation’s resources from the negative impacts of invasive species. The current toolbox of management options is recognizably insufficient to deal with many of the high-impact species that have been introduced. However, “surrendering” to these species is generally not a viable option from ecological, health, economic, socio-cultural, or political perspectives. Cost-efficient solutions to these “grand invasive species challenges” need to be found. …

A Just Transition: Why Transitioning Workers Into A New Clean Energy Economy Should Be At The Center Of Climate Change Policies, J. Mijin Cha

Fordham Environmental Law Review

With a hostile federal administration, states must take up the fight against climate change. Shortly after the United States withdrew from the Paris Climate Accord, governors from several states announced efforts to meet the targets. This article argues that state level climate actions must consider the economic consequences of climate policy. A shift away from fossil fuels is a fundamentally necessary step in the fight against climate change. However, the economic impact of this shift will be felt most acutely by fossil fuel workers and communities, many of which are already facing economic hardships. Attention and resources must be focused …

Toward Civil Rights Enforcement In The Environmental Justice Context - Step One: Acknowledging The Problem, Marianne Engelman Lado

Fordham Environmental Law Review

No abstract provided.

The Ecowas Court, Activist Forces, And The Pursuit Of Environmental And Socioeconomic Justice In Nigeria, Okechukwu Emmanuel Effoduh

LLM Theses

The thesis has two objectives. The first (and central) objective is to examine the Community Court of Justice of the Economic Community of West African States, or ECOWAS Court (a sub-regional international court in West Africa), and its role within the West African region, especially how the Court has served as a resource for the Activist Forces that operate in the sub-region, in their pursuit of Environmental and Socioeconomic Justice in Nigeria. The second goal of this thesis, which is ancillary to the first, is to investigate the Courts jurisprudence in three landmark cases: SERAP v. Nigeria & Anor (2010); …

Environmental Injustice And The Problem Of The Law, Uma Outka

Maine Law Review

Over the past fifteen years, legal academia has produced a sizeable body of scholarship on the widely acknowledged problem of environmental injustice. Although there have been positive responses in the policy arena, no similar level of concern is evident in the courts. Most legal claims directly addressing environmental injustice fail, recent developments in civil rights case law are discouraging, and current constructions of environmental laws are proving theoretically inadequate to protect communities already subjected to disproportionate toxic exposure or threatened by new pollution. This Comment explores the state of the law of environmental justice and offers an analysis of why …

Understanding The Linkages Between Urban Transportation Design And Population Exposure To Traffic-Related Air Pollution: Application Of An Integrated Transportation And Air Pollution Modeling Framework To Tampa, Fl, Sashikanth Gurram

USF Tampa Graduate Theses and Dissertations

Rapid and unplanned urbanization has ushered in a variety of public health challenges, including exposure to traffic pollution and greater dependence on automobiles. Moreover, vulnerable population groups often bear the brunt of negative outcomes and are subject to disproportionate exposure and health effects. This makes it imperative for urban transportation engineers, land use planners, and public health professionals to work synergistically to understand both the relationship between urban design and population exposure to traffic pollution, and its social distribution. Researchers have started to pay close attention to this connection, mainly by conducting observational studies on the relationship between transportation, urban …

Water, Lead, And Environmental Justice: Easing The Flint Water Crisis With A Public Water Contamination Liability Fund, Jonathon Lubrano

William & Mary Environmental Law and Policy Review

No abstract provided.

A Comparative Study On Carbon Emission Reduction Systems, Mingde Cao

Dissertations & Theses

The overwhelming majority of scientists have concluded that global warming is unequivocal. The Intergovernmental Panel on Climate Change (IPCC) fifth report in 2013 concluded that the challenge of climate disruption to human beings is even more imperative than the previous report claimed, and that anthropogenic greenhouse gases (GHGs) emissions have extremely likely been the dominant causes of the observed global warming since the mid-20th century.

Anthropogenic GHGs emissions have many implications, including more intensive, extreme meteorological events, spreading of diseases, and threatening human health and life. Climate change also causes injustice in human society because of the dislocation of the …

Seeing The Place Makes It Real: Place-Based Teaching In The Environmental And Planning Law Classroom., Estair Van Wagner

Articles & Book Chapters

A model for place-based teaching in land use and environmental law subjects based on theoretical and experiential foundations - argues legal education should prepare legal graduates to understand and engage in the work of translation and transformation involved in land use disputes - the need for a critical approach to place-based law teaching in order to address calls for the Indigenisation and decolonization of legal education.

Lamarck Revisited: The Implications Of Epigenetics For Environmental Law, Michael P. Vandenbergh, David J. Vandenbergh, John G. Vandenbergh

Michigan Journal of Environmental & Administrative Law

For generations, a bedrock concept of biology was that genetic mutations are necessary to pass traits from one generation to the next, but new developments in genetics are challenging this fundamental assumption. A growing body of scientific evidence demonstrates that chemical alteration of the way a gene functions, whether through exposure to chemicals, foods or even traumatic experiences, may not only affect the exposed individual, but also the individual’s offspring for two generations or more. This interaction between genes and the environment, known as epigenetics, has revolutionized the understanding of how genes are expressed within an individual and how they …