Digital Commons Network^™

Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich

Fordham Environmental Law Review

When the United States Supreme Court’s decision in Arizona v. Navajo Nation was published in June 2023, Indian Country was hardly surprised with the Court’s ruling. There, the Court found that the United States had no affirmative duty to affirmatively protect the Navajo Nation’s water rights under the 1868 Treaty.1 The Court was clear: the treaty is insufficient for the Navajo’s current water needs, but the judiciary is unable to step in to find relief.2 This decision is another in a long series of cases on water allocation and the federal reserved water right, where tribes have been unable to …

Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, Yun Zhao

Fordham Environmental Law Review

With space commercialization and privatization continuing apace, more space objects are expected to be launched and put into operation in the future, adding to the already large number of defunct satellites and space debris present in outer space. Hence, serious study should be devoted to possible mechanisms for dealing with potential collisions in outer space for the purpose of realizing environmental protection and space sustainability. In view of the inadequacy of the existing legal regime, this article explores possible such mechanisms (including a preventive mechanism, avoidance mechanism and compensation mechanism) from the perspective of interdependence theory and puts forward a …

Propelling Nebraska's Wind Power, Peter F. Biedenweg

Nebraska Law Bulletin (Selected Issues)

In 2014 a study for the Nebraska Power Review Board noted: "In the near term, renewable generation developers in Nebraska face competitive disadvantages that include: (a) lower financial incentives from the state; (b) lower wholesale power prices due to transmission congestion; (c) [and] the perception of a more burdensome permitting and regulatory process." Today, these issues persist. State financial incentives are still lacking, transmission congestion has only worsened, and zoning and permitting laws remain burdensome. Through the recommendations of this paper, however, it may be possible to begin addressing these issues.

Nebraska can see more wind development through the Legislature …

They “Eyeballed” The River And Built The Dam: Lessons From The Hidrotambo Dam Flood Disaster To Guide Improvements In Environmental Impact Assessment Law In Ecuador, Rachel E. Conrad

Pace International Law Review

Ecuador is a trailblazer in human and environmental rights. The country enshrined in its 2008 Constitution the human right to water and the right to live in a healthy and ecologically balanced environment. It was also the first country in the world to recognize nature as a subject of rights in and of itself. However, the Ecuadorian legislature has failed to fully recognize these rights in the country’s civil law codes. This article explores the shortcomings of Ecuadorian law on Environmental Impact Assessments (EIAs) and proposes modifications to better ensure the protection of international and constitutional human and nature’s rights …

40 Years After The Moratorium On Commercial Whaling: Assessing The Competence Of The International Whaling Commission To Confront Critical Threats To Cetaceans, Chris Wold

Pace International Law Review

With Japan’s withdrawal from the International Convention for the Regulation of Whaling (ICRW), no member of the International Whaling Commission (IWC) hunts whales commercially except by objection or reservation, thus intensifying the debate over what the IWC should do and what it may do. For decades, some IWC members have questioned the mandate of the IWC to manage small cetaceans, regulate whaling in coastal State exclusive economic zones, and make recommendations concerning entanglement, bycatch, and other threats to whale conservation. An analysis of the ordinary meaning of the ICRW and the practice of the IWC shows that the IWC has …

A Major Question For Antipollution Policy: Artificial Intelligence Regulation In The Wake Of West Virginia V. E.P.A., David Collins

San Diego Journal of Climate & Energy Law

This Comment proceeds in three parts. Part I traces the development of the Major Questions Doctrine. Under the “old” doctrine, the key determinations that an agency’s ruling was major were (1) policy novelty and (2) policy economic impact. After using these factors to find an agency’s rule to be major, the Court would then independently interpret the statute the agency claimed authority from. The “new” Major Questions Doctrine departs from this previous rationale. Although the Court still considers (1) policy novelty, under this scheme, the Court further assesses (2) the political significance or controversial nature of policy in question and …

Natural Gas Or National Gas–Would A Statewide Natural Gas Ban In New Development Violate The Commerce Clause?, Madison D. Montague

San Diego Journal of Climate & Energy Law

This Article analyzes: (1) the contours of a natural gas installation ban, how municipalities have incorporated these bans, and how the state government may pass a statewide ban; (2) the likelihood that these bans would place a substantial burden on interstate commerce; (3) who, if anyone, would have standing to sue to end these bans; and (4) whether anyone could prevail in an action against a ban on new gas development.

Opposition To Renewable Energy Facilities In The United States: June 2024 Edition, Matthew Eisenson, Jacob Elkin, Harmukh Singh, Noah Schaffir

Sabin Center for Climate Change Law

Achieving lower carbon emissions in the United States will require developing a massive number renewable energy facilities at an unprecedented scale and pace. Although many renewable energy facilities are sited without any problem, local opposition often arises. This report updates and considerably expands three previous Sabin Center reports, published in September 2021, March 2022, and May 2023, which document local and state restrictions against, and opposition to, siting renewable energy projects, as well as energy storage and transmission projects that are closely tied to renewable energy generation. The time period covered by this report ranges from as early as 1995 …

The Lawyer's Duty Of Competence In A Climate-Imperiled World, John C. Dernbach, Irma S. Russell, Matthew Bogoshian

UMKC Law Review

The United States has more than 1.3 million practicing lawyers. Under Model Rule 1.1 of the ABA Model Rules of Professional Conduct and every state’s rules of conduct, each of these lawyers owes clients competent representation. Under the rule, “[c]ompetent representation requires the knowledge, skill, thoroughness and preparation reasonably necessary for the services.” While law and rules will undoubtedly change in response to the climate crisis, the duty of competence does not await such change or legal reform. The ubiquitous nature of the duty of competence means it is applicable to each lawyer now and will continue to evolve as …

Still Not At All: Environmental Sustainability In The Supreme Court, James R. May

UMKC Law Review

Some predicted that the Court and litigants would make sustainability principles juridically relevant. Yet this article takes a fresh look and finds express invocation of sustainability still lacking not only in the U.S. Supreme Court but virtually throughout the U.S. federal judicial system comprised of the Supreme Court, 13 federal appellate courts, and 94 federal district courts. Part II tells the story of sustainable development's continued march as a legal principle. Part III engages sustainability jurisprudence before the U.S. Supreme Court and otherwise in the federal court system. It concludes that not only the U.S. Supreme Court but the entire …

Protecting Water, Sustaining Communities: Transforming Groundwater Management Entities Into Sources Of Power During And After Environmental Crises, Sarah Matsumoto

UMKC Law Review

Groundwater serves as a vital, limited resource for people all over the world. The United States Geological Survey reports that about 140 million people in the United States rely on groundwater for drinking water, of those, almost 43 million people rely on groundwater from domestic (or private, non-public supply) wells. In rural areas, groundwater is often the only available source of drinking water, making protection of groundwater quality in these regions a paramount concern.

Mirroring the various state regulatory approaches to groundwater management and protection, much of the recent media coverage of groundwater in the West focuses on water allocation …

Climate Litigation In The Global South: Mapping Report, Maria Antonia Tigre

Sabin Center for Climate Change Law

In recent years, climate litigation has undergone a notable transformation globally, witnessing a surge in cases across diverse jurisdictions. While scholarly interest has predominantly focused on cases from the Global North, attention to litigation originating in the Global South has been more limited. Nonetheless, understanding the distinct legal grounds, remedies sought, and objectives of plaintiffs in the Global South is crucial. This report addresses this gap by providing a comprehensive insight into the current landscape of climate litigation in the Global South.

The report utilizes data from the Sabin Center’s Global Climate Change Litigation databases, which has seen an influx …

Struggle Against The Water: Connecting Fair Housing Law And Climatejustice, Jade A. Craig

Nevada Law Journal

No abstract provided.

Let The Sun Shine: Methods For Expansion Of Small-Scale Solar Electricity Toreduce Fossil Fuel Dependence, Ease Financial Energy Burdens, Andenhance Community Resiliency, Karen Consalo

Nevada Law Journal

No abstract provided.

Military Climate Emissions, Nadia B. Ahmad

Nevada Law Journal

On the third anniversary of the World Health Organization’s declaration of a global pandemic, Gen Z’s first congressional representative, Maxwell Alejandro Frost, advocated for a reduction in the Pentagon’s budget to better serve local communities. This perspective underscores the economic and moral rationale for reallocating national defense funds to communities. The call for defunding the police has gained momentum, paralleling the advocacy for demilitarization. This Article emphasizes the overlooked impact of U.S. military carbon emissions on climate change and advocates for its inclusion in national carbon accounting systems globally. The U.S. Department of Defense has not been transparent about its …

Sacrifice Zones, Jonathan Rosenbloom

Nevada Law Journal

Thousands of acres of land have been lost to climate change. Additional thousands, if not millions, of acres will become uninhabitable because of floods, droughts, heatwaves, wildfires, and a host of other known and unknown climate impacts. Yet people continue to build in such areas, adding homes, businesses, infrastructure, and so on, guaranteeing that state and local governments will be perpetually engaged in emergency management and salvage operations into the indefinite future. From a climate change perspective, such construction reduces our resiliency while it increases our vulnerability to the demands of climate change. To prevent this extremely dangerous and expensive …

Climate Reparations, Benoit Mayer

Nevada Law Journal

Anthropogenic greenhouse gas (“GHG”) emissions have caused unprecedented change in planetary systems, resulting in tremendous social and ecological impacts. The most vulnerable individuals, communities, and countries are disproportionately affected, even though they are often least responsible for, and benefit less from, these emissions. Some of these countries have claimed reparations for the impacts of climate change impacts for over three decades, but they have achieved little success. Recently, however, these claims have gained some ground. In 2022, the Parties to the Paris Agreement decided to establish “new funding arrangements” to assist developing countries in “responding to loss and damage.” In …

Conservation Co-Governance As A Cure: Investigating Aotearoa New Zealand's Conservation Co-Governance Model As A Blueprint For Restoring Navajo Sovereignty In Managing Canyon De Chelly, Shana R. Herman

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Mysterious Case Of The Attacks Against The Halifax Public Gardens: The Enclosure Of "Common" Property , Public Access To Nature, And Sustainability In The City, Dr. Sara Gwendolyn Ross

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Better Late Than Never: Climate Displacement And The Case For Expanding Temporary Protected Status, Anna C. Cincotta

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Where's The Beef? The Fifth Circuit's Attempt To Clarify Plant-Based Food Labeling Laws In Turtle Island Foods S.P.C. V. Strain, Andrew J. Kash

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Modern Energizer Bunny - Hopping Into The Nuclear Energy Revolution: The Tenth Circuit's Analysis In New Mexico Ex Rel. Balderas V. U.S. Nuclear Regulatory Commission, Jack A. Mansur

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Leading The Way: The Ninth Circuit Orders Reconsideration Of Lead-Based Paint Hazard Regulations In A Community Voice V. Environmental Protection Agency, Bae-Corine Schulz

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Environmental Damage Is A War Crime: Analyzing The Legal Implications Of The Russian Armed Invasion's Environmental Impact On Ukraine, Iryna Rekrut

JCLC Online

As a result of the armed invasion of Ukraine by the Russian

military, Ukraine has suffered extreme environmental damage that

affects both its land and its people. This article explores the

intersection of international law and environmental protection in the

context of armed conflicts, with a specific focus on the Russian armed

invasion of Ukraine. After describing the devastation faced by

Ukraine, this article examines existing frameworks in international

law such as the Rome Statute, the Geneva Conventions, customary

international humanitarian law, and domestic law. This overview

highlights guidelines in these frameworks that render environmental

damage during war impermissible. Despite …

6ppd-Q, Tires, And Salmon, Oh My: Policies And Remedies For Tribes In The Acute Mortality Of Coho Salmon In The Puget Sound Region., Meralina Morales

American Indian Law Journal

The pervasive reliance on automobiles within society exacerbates environmental degradation in low-income and communities of color, notably in Native and tribal communities. The leaching of Tread Wear Particles (TWP), including the detrimental 6PPD-quinone (“6PPD-q”), into waterways, significantly impacts aquatic ecosystems. This issue is especially impactful for endangered species, like the coho salmon, that hold profound cultural significance for indigenous tribes in the Pacific Northwest, for example, the Nez Perce Tribe believes that the fate of the salmon and people are linked.[1]

The scientific foundations of 6PPD-q's impact on salmon through bioaccumulation and biomagnification highlights its environmental justice implications. This …

Participation In Paradise?: Indigenous Participation And Environmental Decisionmaking In HawaiʻI, Lindsay Peterson

American Indian Law Journal

No abstract provided.

Digital Allotment And Vanishing Indians: Idsov And Llms, Sam Mcveety

American Indian Law Journal

No abstract provided.

How Redistricting Affects Native Representation: The Turtle Mountain Band Of Chippewa, Ryland Mahre

American Indian Law Journal

No abstract provided.

Evaluating Climate Migration Through Discourse Analysis Of International Policy Framework And “El Progreso” Community Blog, Olusola Akanni

Master's Theses

ABSTRACT

Environmental changes are driven by global warming, such as rising temperatures, melting ice, and increased natural disasters which directly affect the living conditions of huma thereby driving migration. This study highlights the inadequacies of current migration management policies as the United States is seeing a significant influx of migrants from Central America. The focus of this discourse analysis is on the role of inadequate policies and the failure of international efforts like the Paris Climate Agreement in addressing the issue of climate-induced migration effectively. Despite the goals set by such international agreements to mitigate the effects of climate change …

Protecting The Environment In Times Of Armed Conflict: The 2023 Elisabeth Haub Award For Environmental Law And Diplomacy Transcript, Nicholas Robinson

Pace Environmental Law Review

2023 Elisabeth Haub Award for Environmental Law and Diplomacy honoring Ambassador Marja Lehto of Finland and Former Ambassador Marie Jacobsson of Sweden for their pivotal roles advancing environmental law and policy to protect the environment in times of armed conflict.