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Earth Law And The Rights Of Nature A New Generation Of Laws Built For Nature, Lindsey Kayman, Paul Bartlett, Milena Popov, Grant Wilson

Open Educational Resources

Earth Law and the Rights of Nature: A New Generation of Laws Built for Nature

Wilson, Grant, Kayman, Lindsey, Bartlett, Paul, and Milena Popov John Jay College of Criminal Justice, Earth Law Center, Environmental Education Fund

Forget doom and gloom. Let’s educate students about the Rights of Nature, an inspiring, evolving legal development which is gaining traction in the US and around the world, and which can promote the cultural shift needed to address our overlapping intersecting environmental crises — climate change, accelerating species extinction, and ecosystem collapse. The Rights of Nature is one aspect of Earth Law. Some of …

Brownfield Initiatives And Environmental Justice: Second-Class Cleanups Or Market-Based Equity?, Kirsten H. Engel

Journal of Natural Resources & Environmental Law

No abstract provided.

Risk Assessment, Redevelopment, And Environmental Justice: Evaluating The Brownfields Bargain, John S. Applegate

Journal of Natural Resources & Environmental Law

No abstract provided.

Learning From Brownfields, Wendy E. Wagner

Journal of Natural Resources & Environmental Law

No abstract provided.

How The Legal System Has Failed The Environmental Justice Movement, Karen Smith

Journal of Natural Resources & Environmental Law

No abstract provided.

Basic Brownfields, Becky L. Jacobs

Journal of Natural Resources & Environmental Law

No abstract provided.

Brownfield Legislation: A Viable Option For The Southeast, Leslie Goff-Sanders

Journal of Natural Resources & Environmental Law

No abstract provided.

Defanging Environmental Law: Extracting Citizen Suit Provisions Under Seminole Tribe V. Florida, Jefferson D. Reynolds

Journal of Natural Resources & Environmental Law

No abstract provided.

Potus And Pot: Why The President Could Not Legalize Marijuana Through Executive Action, Robert Mikos

University of Cincinnati Law Review

No abstract provided.

Table Of Contents - Cardozo Journal Of Equal Rights & Social Justice, Vol. 27, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell

Fordham Environmental Law Review

The criminal prosecution of defendants that violate federal clean water laws has been ongoing for roughly four decades. Yet, we continue to have a poor understanding of how federal prosecutors use the U.S. Clean Water Act (“CWA”) to charge and prosecute criminals and the outcomes of those prosecutions. We use content analysis to analyze 2,588 federal criminal prosecution case summaries, 1983-2019, to gain a better historical understanding of how the CWA has been used as a prosecutorial tool, to bring out the major themes in the prosecutions, and quantify sentencing outcomes. Findings from the 828 CWA prosecutions undertaken during this …

Environmental Law As Segregation, Nadia B. Ahmad, Melissa Bryan

Faculty Scholarship

No abstract provided.

Making America A Better Place For All: Sustainable Development Recommendations For The Biden Administration, William Snape, Tony Pipa, Audra Wilson, John Bouman, Claire Babineaux-Fontenot, Corey Malone-Smolla, Alexandra Phelan, Mark Dorosin, Karol Boudreaux, Robert Adler, Uma Outka, Elizabeth Kronk Warner, Stephen Herzenberg, Samuel Markolf, Mikhail Chester, Gerlad Torres, Jonathan Rosenbloom, Leroy Paddock, Michael B. Gerrard, Anastasia M. Telesetsky, Kimberly Brown, Jane Nelson, John C. Dernbach, Scott E, Schang

Scholarly Articles in Law Reviews & Journals

In 2015, the United Nations Member States, including the United States, unanimously approved 17 Sustainable Development Goals (SDGs) to be achieved by 2030. The SDGs are nonbinding; each nation is to implement them based on its own priorities and circumstances. This Article argues that the SDGs are a critical normative framework the United States should use to improve human quality of life, freedom, and opportunity by integrating economic and social development with environmental protection. It collects the recommendations of 22 experts on steps that the Biden-Harris Administration should take now to advance each of the SDGs. It is part of …

Regtech And Predictive Lawmaking: Closing The Reglag Between Prospective Regulated Activity And Regulation, John W. Bagby, Nizan G. Packin

Michigan Business & Entrepreneurial Law Review

Regulation chronically suffers significant delay starting at the detectable initiation of a “regulable activity” and culminating at effective regulatory response. Regulator reaction is impeded by various obstacles: (i) confusion in optimal level, form and choice of regulatory agency, (ii) political resistance to creating new regulatory agencies, (iii) lack of statutory authorization to address particular novel problems, (iv) jurisdictional competition among regulators, (v) Congressional disinclination to regulate given political conditions, and (vi) a lack of expertise, both substantive and procedural, to deploy successful counter-measures. Delay is rooted in several stubborn institutions, including libertarian ideals permeating both the U.S. legal system and …

Beyond The Pandemic: Historical Infrastructure, Funding, And Data Access Challenges In Indian Country, Heather Tanana, Aila Hoss

Utah Law Faculty Scholarship

The COVID-19 pandemic has disproportionately impacted Tribal communities, in part, due to the historical inequities that Tribes have faced for centuries. As sovereign nations, Tribes have the authority to self-govern their people and land. However, the federal government has a special trust responsibility and treaty obligations to Tribes that it often has failed to fulfill. As a result, many Tribal communities live in inferior living conditions as compared to their non-Native counterparts. This Chapter builds on the prior report to explore the historical inequities Tribes experience and how they have been compounded by the pandemic. More specifically, it identifies persistent …

Movement Law, Jocelyn Simonson, Amna A. Akbar, Sameer M. Ashar

Faculty Scholarship

No abstract provided.

Siting Wind Energy Projects In Virginia: Recommendations For Addressing National Security Concerns Through State Permitting Processes, Erika Bosack, Dana Mirsky, Anna Nicholson, Christopher Sanborn

Virginia Coastal Policy Center

This white paper first explains the federal and state wind energy siting approval processes and the military’s current involvement in those processes. In particular, the paper focuses on permit-issuing agencies as opposed to policy-making agencies. Parts I and II outline the federal and state permitting process, respectively. In Part III, the paper discusses the military’s concerns regarding wind energy siting. Part IV moves to the current status of Virginia’s onshore and offshore wind industries. Part V analyzes two case studies: Block Island Wind Farm in Rhode Island and the Pantego Wind Energy Facility in North Carolina. Finally, Part VI synthesizes …

The Impact Of Municipal Fiscal Crisis On Equitable Development, Christopher J. Tyson

Journal Articles

The article focuses on how redevelopment authorities and land banks (RALBs) are especially vulnerable to municipal fiscal distress given investment and coordination necessary to bring about meaningful, impactful equitable development require a level of resource deployment most local governments. It mentions powers of public finance authority, distressed property management, code enforcement and blight elimination. It also mentions resources necessary to do urban planning, community engagement.

Amazon Hq2 & The Nimby Movement: An Opportunity To Incorporate Deliberative Democracy Into New York's Land Use System, Jennifer Russnow

Cardozo Journal of Equal Rights & Social Justice

The note examines the failure of Amazon's HQ2 deal in Long Island City, attributing it to inadequate community engagement and the top-down approach by government officials. It argues that incorporating deliberative democratic methods into New York's land use system could mitigate such issues by fostering better dialogue between stakeholders, thus leading to more inclusive and equitable development projects.

The Recent Federal Withdrawal Of Limitations On Supplemental Environmental Projects And Importance To Environmental Justice Initiatives, Christina Giordanella

Cardozo Journal of Equal Rights & Social Justice

The note discusses the significance of Supplemental Environmental Projects (SEPs) in advancing environmental justice, particularly benefiting low-income and minority communities. It highlights the Biden administration's reversal of Trump-era restrictions on SEPs, which previously limited their use. The article argues that SEPs are legally valid tools supported by Congress through various environmental statutes and court rulings, despite challenges from the Trump administration. It emphasizes the need for explicit Congressional authorization to secure the future of SEPs and expand their use in settlements.

An Interdisciplinary Approach To Community-Engaged Research Surrounding Lead In Drinking Water In The Mississippi Delta, Kristine L. Willett, Stephanie E. Showalter, Catherine M. Janasie, Josephine P. Rhymes, Kennedy Dickson, John J. Green

Journal of Rural Social Sciences

Childhood lead poisoning is a problem requiring interdisciplinary attention from toxicology, public health, social sciences, environmental law, and policy. In the U.S., Mississippi was ranked as one of the worst states for lead poisoning with limited childhood screening measures. We conducted community-engaged research by working with leaders in the largely rural Mississippi Delta region from 2016-2019 to collect household water samples and questionnaires and involve their communities in lead poisoning risk awareness and outreach. Drinking water from 213 homes was collected and analyzed for pH and lead concentrations. Highest lead concentrations were from households served by private wells, and detectable …

Houston, We Have A Gentrification Problem: The Gentrification Effects Of Local Environmental Improvement Plans In The City Of Houston, Madeline Marguerite Byers

Texas A&M Journal of Property Law

Local environmental improvement plans are increasingly popular among urban planners. As climate change and environmental justice concerns increase, many communities demand a change in local land use policies that put these concerns at the forefront. One such community is the city of Houston, Texas, which issued several environmental improvement plans in recent years after the devastation of Hurricane Harvey. As used in this Comment, an environmental improvement plan is a local government planning initiative that aims to implement positive environmental change in urban areas historically burdened by environmental hazards. Such neighborhoods are often undeveloped, low-socioeconomic communities blighted by an accumulation …

Cercla Reauthorization 1994: Insuring The Cleanup Of Hazardous Substance Pollution, Katherine Taylor Eubank

Journal of Natural Resources & Environmental Law

No abstract provided.

Sara's Offspring: Some First Principles For Superfund Reform In The 1990s, Robert F. Blomquist

Journal of Natural Resources & Environmental Law

No abstract provided.

Environmental Justice, Settler Colonialism, And More-Than-Humans In The Occupied West Bank: An Introduction, Irus Braverman

Journal Articles

Our special issue provides a first-of-its kind attempt to examine environmental injustices in the occupied West Bank through interdisciplinary perspectives, pointing to the broader settler colonial and neoliberal contexts within which they occur and to their more-than-human implications. Specifically, we seek to understand what environmental justice—a movement originating from, and rooted in, the United States—means in the context of Palestine/Israel. Moving beyond the settler-native dialectic, we draw attention to the more-than-human flows that occur in the region—which include water, air, waste, cement, trees, donkeys, watermelons, and insects—to consider the dynamic, and often gradational, meanings of frontier, enclosure, and Indigeneity in …

Fighting Climate Change With The Charter: An Inquiry Into The Effects Of Litigating The Right To A Healthy Environment, Kevin Patrick Berk

LLM Theses

This thesis examines whether the litigation of the legal right to a healthy environment can adequately advance the values of its supporters. This question is answered through examining scholarly arguments in favour of the right, promotional material from Environmental Non-Governmental Organizations (ENGOs) litigating the right, court documents, as well as the results of a select number of interviews with senior members of Canadian ENGOs. It is ultimately argued that the intervention of lawyers and the interpretation of judges will narrow the intended scope of the right. Additionally, it is argued that the act of choosing to litigate implicitly affirms the …

Access To Environmental Justice: Ngo Environmental Advocacy On Mining-Related Environmental Issues In Mongolia, Ulziilkham Enkhbaatar

LLM Theses

In this thesis, I apply the theory of environmental justice to determine how NGOs use substantive and procedural environmental rights to advocate for mining-affected nomadic communities in Mongolia. Environmental NGOs often possess legal and scientific expertise pertinent to resolving and mitigating environmental risks and demanding justice for environmental damages on behalf of the mining-affected local communities. Based on the environmental justice theories, I have constructed a theoretical framework to examine how NGOs access and implement environmental justice tools, both domestically and internationally. Using a multi-methods research approach, including documentary analysis and qualitative interviews with NGO experts and lawyers, I was …

Regional Economic Community Courts And The Advancement Of Environmental Protection And Socio-Economic Justice In Africa: Three Case Studies, Rahina Bukar Zarma

PhD Dissertations

Focusing on three regional economic communities (REC) courts in Africa that nevertheless possess a human rights jurisdiction i.e. the Court of Justice of the Economic Community of West African States (the ECOWAS Court), the East African Court of Justice (the EACJ), and the Southern African Development Community Tribunal (the SADC Tribunal) - this dissertation investigates the relationships among the RECs, states, activists and the courts themselves, as producing and framing the specific conditions under which environmental protection and socio-economic justice in the region in Africa are either advanced or stifled. The dissertation discusses the ways in which the mandates and …

Changing Consultation, Elizabeth Kronk Warner, Kathy Lynn, Kyle Whyte

Tribal Consultation Project Work

Examples abound of both historic and modern situations where the federal government and tribes failed to engage in effective consultation. Yet, numerous reasons exist—such as effective management of natural resources and the negative impacts of climate change—for tribes and the federal government to engage in effective consultation. Effective consultation can be met through strong government-to-government relationships between Indian tribes and federal agencies and should be based on respect, mutual understanding, and common goals. This can be accomplished through interactions that will enhance consultation and provide other pathways to achieving a strong government-to-government relationship. To date, however, many within Indian country …

Student And Career Services Newsletter 07, Office Of Student And Career Services

Student and Career Services Newsletter

March 2021 - Part 2