Digital Commons Network^™

Citizenship At Sea: A Comparative Perspective On Blue Justice In The Andaman Sea And The Mediterranean In The Context Of Climate Change, Emilio Cocco

Pace Environmental Law Review

Discourses of the ocean in the sociological and socio-legal world have, until recently, been approached from majoritarian, terrestrial, profane and nation-centric perspectives. These perspectives are embedded in legal and regulatory regimes to the detriment of Indigenous and marginalized maritime communities. Drawing on the blue turn in sociology and socio-legal scholarship, this Article, in comparing the experiences of the Moken people of the Andaman Sea with those of migrants, fishers, and island communities in the Mediterranean, exposes the violence of such narratives. Through a comparative analysis of maritime borders, marine protected areas, tourism, and fisheries regulation, the Article explores how governance …

Mass Resettlement Politics And The Future Of Hyper-Local Climate Migration Strategies, Sarah Rogerson

Pace Environmental Law Review

Climate change is requiring state and local governments to engage in short- and long-term strategic thinking and municipal planning. Critically, the movement of people from communities that have become uninhabitable due to climate change to other communities in more resilient areas (sometimes called “climate havens”) is a reality that most municipalities in the United States are not currently well-equipped to address. Experts predict as many as 1.2 billion climate-related migrants worldwide by 2050, with at least 93 million Americans expected to relocate to more habitable places by 2070. To put this into perspective, 93 million people is just under the …

Climate Migration And Reparations: Reflections On The Icj Advisory Opinion On Climate Change, Carmen G. Gonzalez

Pace Environmental Law Review

Climate mobility governance is at an inflection point. Major developments, such as the International Court of Justice (ICJ) Advisory Opinion on climate change, are opening legal pathways to climate reparations and reshaping global policy debates on climate-induced migration. Climate-vulnerable states and peoples are calling for reparations for the intertwined injustices of slavery, colonialism and climate change and for legal frameworks that recognize the right to stay and the right to migrate based on the right to self-determination. This article examines the legal and ethical basis for reparative approaches to climate-induced migration. The article discusses the link between climate change and …

Bridging Troubled Waters: Simplifying New York’S Riparian Property And River Access Laws, John Eikamp

St. John's Law Review

(Excerpt)

Part I of this Note provides a review of New York’s riparian property laws, beginning with the English common law and ending with Douglaston Manor v. Bahrakis. Part II provides an analysis of OGC-9 and its failures as an extension of the Douglaston Manor decision. Part III proposes that, to resolve this dysfunction, Douglaston Manor must be abrogated, at least in part, by statute. The statute, drawing on the laws of other states and the federal government, and informed by expert opinion, must set forth a list of the state’s navigable waterways so that anglers are no longer …

Marine Spatial Planning In The Asean Countries: Lesson Learned For Future Ocean Governance In Malaysia, Husni Alhan Md Salimun, Mohd Fadzil Akhir, Nazli Aziz, Che Din Mohd Safuan, Wan Izatul Asma Wan Talaat

Journal of Environmental Science and Sustainable Development

Marine Spatial Planning (MSP) has emerged as an important governance instrument for balancing ecological protection, economic development, and social inclusion amid the rapidly intensifying blue economy in Southeast Asia. Although several ASEAN Member States (AMS) have initiated MSP processes, the existing literature on MSP governance in this region  remains fragmented and largely descriptive, limiting systematic cross-country comparison and evidence-based lessons. This study addresses this gap by assessing MSP governance performance across ASEAN countries and againts internationally recognized MSP governance benchmarks. A structured narrative review was conducted using selected PRISMA-informed procedures for literature identification and screening. Academic publications from 2003 to …

Good Governance In The Concept Of Climate Justice: Decarbonisation Policies In Economic Considerations Of Losses And Sacrifices, Daryanti Daryanti, Albertus Sentot Sudarwanto, Erna Dyah Kusumawati, Rosita Candrakirana

Journal of Environmental Science and Sustainable Development

Projections of losses resulting from the impacts of climate change in Indonesia are estimated to reach USD 30.5 million, affecting four key sectors: agriculture, water supply, health, and the maritime sector. This study shows that good governance based on climate justice in the implementation of decarbonization policies is the most important factor in avoiding long-term economic losses caused by the adverse impacts of climate change or investing in climate resilience. This study employed a normative methodology using a statutory approach to examine efforts related to climate change mitigation and adaptation. The findings of this research indicate that regulations in Indonesia, …

How Legal Systems Reflect Societal Views Of Nature, Devorah Corvo

Latin American & Caribbean Law Review

Pre-Columbine Indigenous communities differed from European settlers in many ways. One of the most striking differences was the way each group viewed itself in relation to nature and wildlife. Indigenous communities generally did not see themselves as separate from the natural world, while European settlers often viewed themselves as distinct from it. In the United States today, many people care about the environment but are unsure how to protect it. By contrast, pre-Columbian Indigenous communities were so deeply connected to their surroundings that harm to wildlife would have been seen as harm to the community itself. By examining three pre-Columbian …

Pandemic Power Plays: Environmental Deregulation & Erosion Of Indigenous Rights In Latin America During Covid-19, Sabrina Prado

Latin American & Caribbean Law Review

The COVID-19 pandemic reshaped global politics. Many governments used their emergency powers under the pretense of maintaining public health and sustaining the economy. However, in Latin America, these powers were exploited and the pandemic became a guise for expanding executive powers and propounding corporate friendly rollbacks which weakens environmental protections and minority rights. This paper will examine how emergency laws were used to sidestep the democratic process and facilitate policies that benefited corporate interests at the expense of environmental regulation and indigenous rights specifically. Brazil, Colombia, and Bolivia were three countries whose leaders centralized power and accelerated environmentally destructive policies …

Illegal And Informal Mining And The Violation Of Fundamental Rights: The Peruvian Case, Carla Mares Ruíz

Latin American & Caribbean Law Review

This article critically examines the impact of illegal and informal mining in Peru and its relationship with the violation of fundamental rights, with particular emphasis on the rights to health, a healthy environment, and effective judicial protection. It also examines the regulatory evolution of the formalization process for artisanal and small-scale mining (ASM), placing special emphasis on the resounding failure of these laws and the perverse effects of the continuous extension of REINFO (Comprehensive Registry of Mining Formalization), particularly with regard to the expansion of ilegalmining and the promotion of impunity. The paper also explores the environmental, social, and criminal …

Legal Shifts And Judicial Inconsistencies In Strict Liability After The Omnibus Law: A Critical Analysis Of Indonesian Environmental Law For Responsible Mining And Esg Compliance, Nurul Listiyani, Khenza Atthaya Namira Yulianto

Journal of Environmental Science and Sustainable Development

The legal significance of strict liability in mining arises from the sector’s capacity to generate technically complex, diffuse, and long-latency environmental harm that is difficult to address through fault-based litigation alone. This study aims to evaluate how the post-Omnibus Law reformulation of Article 88 of Law No. 32 of 2009 has affected the doctrinal autonomy, judicial consistency, and practical enforcement of strict liability in Indonesian environmental law. The research used normative doctrinal legal research including statutory, case-law, conceptual, comparative, and evaluative analyses. The data cover the 2009–2025 period and consist of two core statutory formulations of Article 88, the Job …

Mengadili Kepentingan Umum: Korporatisme Pengadilan Dalam Proyek Strategis Nasional (Psn), Agung Wardana, I Kadek Sudiarsana, Yogi Paramitha Dewi

The Indonesian Journal of Socio-Legal Studies

The implementation of National Strategic Projects (NSP) often leads to conflict. Projects that are claimed to be developments in the public interest are challenged by affected communities and civil society organisations in various ways, including through litigation. However, in the legal studies literature, studies on NSP issues tend to be analysed through a normative analysis focusing on development for the public interest. The article examines court decisions concerning NSP to understand how courts provide their deliberations of the cases, a perspective that enriches knowledge about NSP. This article shows how the corporatist relationship between the executive power and the judiciary, …

Rebutting 38 False Claims About Solar, Wind, Electric Vehicles, And Battery Storage, Andrew Kieffer

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 38 of the most pervasive false claims about solar energy, wind energy, and electric vehicles, with the aim of promoting a more informed discussion.

The Nusantara Capital City (Ikn) Relocation: Autocratic Legalism And The Marginalization Of Local Communities, Imam Syafi'i, Dian Aulia

The Indonesian Journal of Socio-Legal Studies

The first phase (2022–2024) of the Nusantara Capital City (IKN) relocation prioritizes the construction of the city's physical infrastructure under the “Nusa Rimba Raya” concept. During this phase, the massive development of supporting infrastructure, including government buildings, official residences, toll roads, ports, and the VVIP airport, has driven increased demand for materials and land, impacting areas beyond the delineation of IKN. However, the power-driven approach in the capital relocation policy has led to socio-ecological injustices for indigenous and local communities by disregarding meaningful public participation and environmental sustainability. Land acquisition through the Land Bank (Bank Tanah), which prioritizes investment, along …

Opposition To Renewable Energy Facilities In The United States: September 2026 Edition, Romany M. Webb, Ivonne Norman

Sabin Center for Climate Change Law

For the first time in nearly 2 decades, the United States is seeing rapid growth in electricity demand, driven by the data center boom as well as expanding electrification. Total electricity use in the United States reached a record high of 4,430 terawatt hours (TWh) in 2025 — almost 3 percent above 2024 levels — and is expected to continue growing at a similar rate through 2050. Meeting this increased demand, while continuing to advance action on climate change, will require a massive ramp up in renewable energy development. Notable progress was made in 2025, with utility-scale solar generation in …

State Greenhouse Gas Emissions Disclosure Laws And The Dormant Commerce Clause: Leveraging The State Interest In Protecting Residents From Deception To Pass The Pike Balancing Test, Matthew Macphail

Northwestern University Law Review

Misleading corporate claims about greenhouse gas emissions pose a high risk of consumer deception, as there is currently no uniform federal standard governing how companies must measure or disclose those emissions. Without a national regulatory scheme, firms can selectively report, use inconsistent methodologies, or market vague “carbon neutral” claims, making it difficult for consumers to assess accuracy or compare companies’ representations.

In 2023, California introduced legislation requiring companies doing business in the state to disclose their greenhouse gas emissions in an effort to bring transparency to this area. But such state-level mandates face a constitutional obstacle: the Dormant Commerce Clause, …

Masthead

Seattle University Law Review

No abstract provided.

Table Of Contents

Seattle University Law Review

No abstract provided.

Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell

Seattle University Law Review

Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …

Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous

Seattle University Law Review

Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …

Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King

Seattle University Law Review

The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …

Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young

Seattle University Law Review

Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …

Criminalizing Environmental Defenders In Indonesia’S Extractive Development: A Green Criminology Perspective, Raihan Muhammad

Jurnal Kriminologi Indonesia

This article examines how extractive development in Indonesia contributes to the criminalization of environmental defenders from a green criminology perspective. The study departs from the growing trend of intimidation, criminalization, violence, and legal retaliation experienced by communities resisting environmentally destructive projects in mining, coastal reclamation, plantation expansion, and National Strategic Projects (PSN). Using a qualitative socio-legal approach, this research analyzes statutory regulations, policy instruments, court decisions, academic literature, civil society reports, and documented cases related to environmental conflicts and environmental defenders in Indonesia. Data were collected through a literature review and document analysis, then analyzed using qualitative content analysis within …

Summary Report: Second Conference On Attribution Science And Climate Law, Jessica A. Wentz

Sabin Center for Climate Change Law

The Sabin Center for Climate Change Law and the Columbia Climate School hosted the Second Conference on Attribution Science and Climate Law at Columbia University on June 10–11, 2026. This event brought together an interdisciplinary group of researchers and practitioners to discuss recent developments in attribution science and the field’s relevance to climate law and policy. Participants included physical scientists, public health researchers, economists, social scientists, legal scholars, advocates, and policy experts. This report provides a written summary of the conference proceedings.

Legitimacy, Legality, And Canadian Climate Laws, Adebayo Majekolagbe

Dalhousie Law Journal

In 2021, the Supreme Court of Canada, in the References re Greenhouse Gas Pollution Pricing Act, confirmed that global climate change is real, human activities are the main cause, and climate impacts will be especially severe and devastating in Canada. Against this backdrop, the Court upheld the federal government's authority to set a nationwide minimum standard for the stringency of greenhouse gas pricing. Years after the Court endorsed the GGPPA, the legislation and its carbon pricing policy have struggled to gain legitimacy, meaning the acceptance and support of Canadians. In 2025, the carbon charge component of the law was suspended, …

Teaching Old Statutes New Tricks: Towards Equitable Participation In Transportation Act Section 4(F) And Nhpa Section 106, Laura Mott

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Acting Under Scrutiny: The Limits Of Federal-Officer Removal In Attorney General Of New Jersey V. Dow Chemical Company, Justin W. Berge

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Drawing A Line In The Mud: The Fifth Circuit's Narrow Reading Of Louisiana's Infrastructure Trespass Statute In White Hat V. Murrill, Andrew J. Lloyd

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Pounding At The Door: The First Circuit Denies Asylum In The First Case On Climate Refugees In Cruz Galicia V. Garland, Marissa O. Wong

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Dishwashers And Dicta: The Fifth Circuit's Not-So-Quiet Attack On Doe Authority In Louisiana V. United States Department Of Energy, Robert G. Torpey

Villanova Environmental Law Journal (1991 - )

No abstract provided.

"Tac-Ing" On Coherence: Achieving Sustainable Baltic Sea Fisheries Management By Hooking Precautionary Science And Greater Transparency In Eu Total Catch Negotiations, Patrick Seroogy

Ocean and Coastal Law Journal

This article argues that what makes the difference in success between these two regimes is how strictly the scientific advice underlying catch limits the advice is adhered to, and the influences allowed unto decisionmakers in the catch limit negotiation process. Whereas the United States uses the scientific advice about the MSY as a strict upper limit in determining annual catch limits, the EU does not. This allows stakeholders in the EU’s CFP governance, in particular fishing industry actors, to influence regulators to raise TACs above adequately precautionary levels in the name of “balancing” sustainable fishing with short-term economic interests. The …