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Amicus (Fall 2018), University Of Colorado Law School

Amicus

This issue focuses on the impact of books authored by Colorado Law faculty.

Faculty authors included in this issue:

• Ahmed White
• Ming H. Chen
• Aya Gruber
• Anna Spain-Bradley
• Helen Norton
• S. James Anaya
• Christopher B. Mueller
• Clyde O. Martz
• Harold Bruff
• David H. Getches
• Charles F. Wilkinson
• Kristen A. Carpenter
• J. Dennis Hynes
• Mark Loewenstein

Law & Health Care Newsletter, Fall 2018

Law & Health Care Newsletter

No abstract provided.

How Environmental Lawyers Cope With Challenges In Nonprofit Legal Centers, Rachel R. Cohen

Independent Study Project (ISP) Collection

Amidst our environmental crisis, environmental lawyers at nonprofit legal centers (NPLCs) play an important role in advocating for, revising, and enforcing the environmental laws which shape human behavior as it relates to environmental health. With a goal of protecting the environment and public interest through the law, these lawyers deal with few resources and personal environmental concerns in addition to all the common challenges of lawyering such as long hours and general stress. Due to their unique position in protecting the future of our environment’s health, it is essential that environmental lawyers at NPLCs can sustain their motivations to do …

Infrastructural Exclusion And The Fight For The City: Power, Democracy, And The Case Of America's Water Crisis, K. Sabeel Rahman

Faculty Scholarship

No abstract provided.

Defining The Legal And Policy Framework To Stop The Dumping Of Environmentally Harmful Products, Stephen O. Andersen, Richard Ferris, Romina Picolotti, Durwood Zaelke, Suely Carvalho, Marco Gonzalez

Duke Environmental Law & Policy Forum

Environmental dumping is a practice historically associated with the export of hazardous product waste from a developed country for irresponsible and often illegal disposal in a developing country. Now, with the industrialization and globalization of China and other developing countries, environmental dumping can involve both developing and developed countries as origin and destination. This dumping can be especially harmful to attempts to control under the Montreal Protocol ozone-depleting and climate-forcing chemical substances and/or products requiring unnecessarily high energy consumption. While developing country Parties to the Montreal Protocol are allowed to delay their phasedown of climate-forcing and ozone-depleting hydrofluorocarbons (HFCs) during …

Onsite Sewage Systems: Background, Framework, And Solutions, Jamie Huffman, Sarah Simonetti, R. Scott Herbert

Virginia Coastal Policy Center

No abstract provided.

A Broader Vision For Climate Policy: Lessons From California, Alice Kaswan

San Diego Journal of Climate & Energy Law

As the federal role in addressing climate change shrinks, state and local action is once again taking center stage. States are facing innumerable challenging policy questions about the best mechanisms for addressing climate and energy, and many are looking to California for inspiration. This article focuses on a particular and unique feature of California’s approach: the integration of social and environmental justice concerns into the state’s climate and energy policies. As decisionmakers grapple with the fundamental and existential shifts associated with a clean energy transition, California’s efforts to incorporate environmental justice—and the state’s broader social, economic, and environmental vision–provide important …

Environmental Protection Requires More Than Social Resilience, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

Achieving the green economy requires taking into account divisive politics and distributive justice.

Toxic Enactments: Materializing Estrogen And Regulation Under Canada's Food And Drugs Act, 1939-1953, Lara Jessie Tessaro

LLM Theses

The study describes how estrogen was standardized in Canada, in the 1940s and early 1950s, under the Food and Drugs Act. Contributing to interdisciplinary conversations, it provides an empirical case of how regulatory practices enact material realities. Using archival material, the study describes how estrogen was achieved, in part, through heterogeneous practices of the Canadian Committee on Pharmacopoeial Standards, National Health, and government solicitors. These regulators disagreed on whether, how, and by whom estrogens should be standardized. Rather than resolve these disagreements, Canada enacted multiple regulations purporting to standardize estrogen, and government solicitors practiced techniques of validating to render the …

Policy Mechanisms, Precedent, And Authority For State Implementation Of Climate Change Agendas, Michael Melli

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Conflicts And Laudato Si': Ten Principles For Environmental Dispute Resolution, Lucia A. Silecchia

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Analyzing Evidence Of Environmental Justice, Vicki Been

Florida State University Journal of Land Use and Environmental Law

This article was adapted from a talk given for the Florida State University Journal of Land Use & Environmental Law Distinguished Lecture Series in October 1995. The research discussed in this article was funded in part by the Environmental Protection Agency, pursuant to Grant Number R821299-01-1. Financial assistance also was generously provided by the Filomen D'Agostino and Max E. Greenberg Research Fund at New York University School of Law. The research was conducted by Professor Been and Frances Gupta, Ph.D. Candidate, New York University Department of Economics. They would like to thank Douglas Anderton, Benjamin Goldman, Lewis Kornhauser, Richard Revesz, …

Green Justice: A Holistic Approach To Environmental Justice, Nicole C. Kibert

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Analyzing Evidence Of Environmental Justice: A Suggestion For Professor Been, Colin Crawford

Florida State University Journal of Land Use and Environmental Law

This Article addresses the inherent prejudices in modern environmental policies and practices. Specifically, this Article discusses the continuing debate regarding the strength of the correlation between the location of hazardous waste facilities and an area's minority population. Professor Crawford urges his contemporaries, particularly Professor Vicki Been, to expand their evidentiary fields to include statistics of an area's standard of living in order to obtain an accurate analysis of the motives behind locating hazardous waste facilities in certain areas. The Article concludes with a case study of Noxubee County, Mississippi to demonstrate the effect of applying this expanded method of research.

The Location And Community Demographics Of Targeted Environmental Hazardous Sites In Florida, Richard D. Gragg Iii, Ronald A. Christaldi, Stephen Leong, Marc Cooper

Florida State University Journal of Land Use and Environmental Law

This Article focuses on the Florida Environmental Equity and Justice Commission's report concerning whether environmental hazards are disproportionately located in minority and low income communities in Florida. The Article provides a comprehensive background of the environmental justice movement in the United States and in Florida. Next, it describes the Commission's study and discusses the methodology that the Commission used for its proximity and demographic analysis. The Article finds that targeted environmental waste sites are disproportionately located near minority and low income communities and suggests the next step in examining environmental justice problems in Florida. Finally, the Article provides comprehensive graphs …

Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen

St. Mary's Law Journal

Abstract forthcoming

Environmental Injustice/Racism In Flint, Michigan: An Analysis Of The Bodily Integrity Claim In Mays V. Snyder As Compared To Other Environmental Justice Cases, Joshua V. Berliner

Pace Environmental Law Review

This Note examines the merits of the “bodily integrity” claim that the Flint residents have alleged in Mays (but does not discuss any claims asserted in Earley, the case Mays was consolidated with on appeal), and asserts that they should be successful on this claim on remand, assuming that the facts alleged in the Flint residents’ complaint are true. This Note outlines the alleged facts and then discusses the existing case law on bodily integrity claims generally, both in the non-environmental justice and environmental justice fields. Following is an explanation of the specific bodily integrity claim the Flint residents have …

The Incomplete Ecology Of Hydraulic Fracturing Governance, Gregg P. Macey

Faculty Scholarship

No abstract provided.

Environmental Justice In The United States: The Human Right To Water, Tamar Meshel

Washington Journal of Environmental Law & Policy

Many low-income communities, communities of color, and indigenous communities in the United States are suffering from unequal access to safe and affordable water. This is partially the result of an ineffective and fragmented legal framework governing water issues in the country. In addition, the notion of a human right to water and sanitation, accepted internationally to reinforce and protect human needs related to water, has yet to be meaningfully recognized in the United States. This article sets out, first, to examine the legal framework governing access to freshwater in the United States and the concerns underlying the reluctance of the …

Can Clean Energy Policy Promote Environmental, Economic, And Social Sustainability?, Felix Mormann

Faculty Scholarship

Two and a half decades of clean energy policymaking focused primarily on environmental and economic sustainability have yielded considerable environmental and economic benefits. Along the way, however, other policy considerations, such as the social sustainability of the transition to a cleaner, renewably fueled energy economy, have gone largely overlooked. As clean energy technologies continue to gain ever-greater traction in the United States and global energy economies, the social impacts of their enabling policies become more and more salient. Already, ratepayers, taxpayers, and other stakeholders who fear being left behind by the clean energy transition question the “fairness” of today’s renewable …

Low Carbon Land Use: Paris, Pittsburgh, And The Ipcc, John R. Nolon

University of Arkansas at Little Rock Law Review

No abstract provided.

Harvey, Irma, And The Nfip: Did The 2017 Hurricane Season Matter To Flood Insurance Reauthorization?, Robin Kundis Craig

University of Arkansas at Little Rock Law Review

No abstract provided.

The Gm Food Debate: An Evaluation Of The Nationalbioengineered Food Disclosure Standard Andrecommendations For The United States Based On Foodjustice, Courtnee Grego

Seattle University Law Review

This Note aims to identify the food justice issues caused by the National Bioengineered Food Disclosure Standard (NBFDS) and make recommendations for the United States to minimize these concerns. The NBFDS requires the United States Department of Agriculture (USDA) to draft regulations establishing a mandatory disclosure standard for GM food and ultimately, will require a disclosure on the package of any GM food sold in the United States. Part I of the Note provides an overview of the genetically modified (GM) food debate. Part II reviews the NBFDS. Part III explains the food justice implications of GM food production. Part …

Environmental Health Regulation In The Trump Era: How President Trump’S Two-For-One Regulatory Plan Impacts Environmental Regulation, Elizabeth Ann Glass Geltman

University of Michigan Journal of Law Reform

This Article explores the Trump regulatory reform agenda and its potential impact on environmental determinants of health. The Article begins with a discussion of the Department of Commerce’s (DOC or Commerce) initial fact-finding investigation to evaluate the impact of federal regulations on domestic manufacturing. The Article next presents an overview of the Trump administration’s regulatory reform formula as announced in E.O. 13771 and the interim guidance explaining E.O. 13771 and E.O. 13777 (the executive order announcing the Trump administration’s plans to enforce the regulatory reform plan announced in E.O. 13771). The Article then examines the federal agency initiatives undertaken in …

Es Fema El Problema? Hurricane Maria And The Slow Road To Recovery In Puerto Rico, Clifford J. Villa

Faculty Scholarship

A critical and sympathetic look at FEMA's work in post-Hurricane Maria Puerto Rico.

The Ethics Of Environmental Litigation, Jenna Marie Dibenedetto

Student Theses 2015-Present

Abstract

We are raised from the early days of our youth to distinguish right from wrong, evil from good. Though there are many careers that have easily distinguishable ethics from their day of creation, others require spend their entire professional careers floating in a grey area. Being a lawyer can leave you in limbo very often. The ethical battle between prosecuting people whose actions go against everything you believe in and defending someone who actions you struggle to rationalize, looking for a “nail in the coffin” or finding a way to pry it open can play a large role in …

August 2016 - August 2017 Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

Governing Science And Technology In The Era Of Megaregionals, Shin-Yi Peng, Han-Wei Liu, Ching-Fu Lin

Research Collection Yong Pung How School Of Law

This chapter will explore the interplay between law and technology, focusing on the pertinent trade issues within megaregionals. As globalization has created markets that cross borders, there is an increasing reliance on diverse types of international legal instruments to govern science and technology. The reality is that the differences in regulatory regimes become more significant as trade obstacles. Manufacturers or service suppliers often confront challenges when attempting to comply with diverse national regulatory measures. At the forefront, the questions to ask are whether the emergence of various bilateral or megaregionals help promote regulatory cooperation/coherence? Or, has such phenomenon raised more …

The Fiery Furnace, Civil Disobedience, And The Civil Rights Movement: A Biblical Exegesis On Daniel 3 And Letter From Birmingham Jail, Jonathan C. Augustine

Richmond Public Interest Law Review

This essay was written in observance of the 50th anniversary of the Reverend Dr. Martin Luther King, Jr.’s untimely assassination in April 1968. It highlights some of King’ s most important work during the American Civil Rights Movement in terms of its contemporary influence. As a focal thesis, this essay argues that King’ s famed Letter From Birmingham Jail—written during his April 1963 incarceration in Birmingham, Alabama, for deliberately refusing to follow what he morally deemed to be an “unjust law”—was predicated on the biblical foundation of civil disobedience exemplified in the famed story of Shadrack, Meshack, and Abednego, the …

California Energy Policy Alternatives For Commercial Buildings To Create Energy Resiliency, Reduce Carbon Emissions, And Lessen Dependency On Electrical Utilities For The Future California Economy, Russell Garcia

Dissertations

Purpose: The purpose of this Policy Delphi study was to identify and assess the energy efficiency policies for commercial buildings in California that experts believe are most important and likely to be implemented by the year 2025 to create energy resiliency, reduce carbon emissions, and lessen dependency on electrical utilities in the future California economy. Methodology: The methodology for this Policy Delphi study was descriptive, and used to forecast the future relative energy policy for energy efficiency in commercial buildings in California. Inside the theoretical framework of policy analysis, this Policy Delphi study was designed around the insights of a …