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Towers, Trees, And Transmission Lines: The Fight Between Property Rights, Power, And Profit, Meredyth Merrow

UC Law Environmental Journal

No abstract provided.

The Climate Justice Movement In Western New York, Sam Magavern, Lynda Schneekloth

Buffalo Environmental Law Journal

No abstract provided.

California’S Next Environmental Frontier: Climate Justice Leadership, Suma Peesapati

UC Law Environmental Journal

No abstract provided.

Panel: Balancing Acts -- Energy Innovation In A Complex Market, David Hults, Gitane De Silva, Chris Ziegler

Canada-United States Law Journal

A panel discussion is presented between the speakers of the Canada-United States Law Institute Conference namely David Halts, Gitane De Silva, and Chris Zeigler. Topics include impact of energy industry on climate change; enacting climate policy for bringing out environmental justice, and protection; and enactment of U.S. Clean Air Act for addressing the same

My Year Of Citation Studies, Part 1, Mary Whisner

Librarians' Articles

Ms. Whisner begins a year of exploring how legal scholarship citation counts are created and viewed. What works do authors actually cite? Which legal sources are included? She shares her findings here.

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

Elisabeth Haub School of Law Faculty Publications

This article describes strategies that local governments are employing to both mitigate and adapt to climate change, using their state-given powers to plan community development and to regulate private building. Local governments have significant legal authority to shape human settlements and, in so doing, lower CO2 emissions from buildings and vehicles, increase the sequestration of carbon by the natural environment, and promote distributed energy systems and renewable energy facilities that lower fossil fuel consumption. Local elected leaders are highly motivated to avoid the on-the-ground consequences of our changing climate. The effects of climate change manifest themselves at the local level, …

Social License To Regulate: Consumer-Producer Collusion And Related Policy Risks For Consumer-Facing Regulation, Nathan D. Richardson

Faculty Publications

Used a gas can recently? If not, prepare for a surprise—they’ve become harder to use due to government-mandated design changes aimed at reducing air pollution. Faced with persistent environmental and other challenges, government regulators have increasingly turned to similar regulations on consumer products. But these consumer-facing regulations create new policy and political problems for regulators, different from those associated with traditional industry-facing regulation. This paper looks in depth at three case studies of consumer-facing regulation: emissions controls on gas cans, efficiency standards for light bulbs, and European vehicle fuel economy standards. In each case, there is strong evidence for widespread …

Things Fall Apart, Anthony V. Alfieri

Articles

No abstract provided.

Introductory Essay: Things Fall Apart: Hard Choices In Public Interest Law, Anthony V. Alfieri

Articles

No abstract provided.

California Environmental Quality Act Lawsuits And California’S Housing Crisis, Jennifer Hernandez

UC Law Environmental Journal

No abstract provided.

The Breathers Of Bayview Hill: Redevelopment And Environmental Justice In Southeast San Francisco, Lindsey Dillon

UC Law Environmental Journal

No abstract provided.

The True Cost Of “Cheap” Seafood: An Analysis Of Environmental And Human Exploitation In The Seafood Industry, Tiffany T. V. Duong

UC Law Environmental Journal

No abstract provided.

Environmental Justice Act Of 2017: A Fighting Chance For Frontline Communities, Jeremy Orr

UC Law Environmental Journal

No abstract provided.

Safeguarding Development: Risk Reduction In U.S. Government Foreign Aid And Investment Facilitation Beyond The Current Patchwork, Naomi Roht-Arriaza

UC Law Environmental Journal

No abstract provided.

An Introduction To The Student Pieces, Hadar Aviram, David Takacs

UC Law Environmental Journal

No abstract provided.

Accountability For Pesticide Poisoning Of Undocumented Farmworkers, Elizabeth Lincoln

UC Law Environmental Journal

No abstract provided.

Crafting A Standard: Environmental Crimes As Crimes Against Humanity Under The International Criminal Court, Jessica Durney

UC Law Environmental Journal

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 …

What Hope For Health In All Policies’ Addition And Multiplication Of Equity In An Age Of Subtraction And Division At The Federal Level?: The Memphis Experience, Amy T. Campbell

Saint Louis University Journal of Health Law & Policy

Increasingly, people recognize that social factors, such as poverty, the living environment, and educational status, substantially affect health outcomes. A “health in all policies approach” (HiAP) seeks structural reform of policymaking to require purposeful consideration, across an interconnected range of public sector actors, of the health equity and justice policy-level considerations of these factors. With the election of Donald J. Trump as 45th President in the United States, however, the U.S. entered a world where the math of the day is division and subtraction, rather than addition or multiplication. And yet, hope in HiAP remains through examples of innovative approaches …

Root And Branch: The Thirteenth Amendment And Environmental Justice, Mehmet K. Konar-Steenberg

Faculty Scholarship

Forty years since the birth of the environmental justice movement, environmental injustice persists. One reason is the failure to identify a viable constitutional root for environmental justice doctrine in either the Fourteenth Amendment or Commerce Clause. Accordingly, this essay argues that the Thirteenth Amendment might provide a fertile environment for a flourishing law of environmental justice.

Part I will describes how environmental justice’s distributive justice vision was at odds with environmental law’s positivist, proceduralist core, and how that difference helps to account for the constitutional difficulties that followed. Part II describe one of those difficulties: the disparate impact problem and …

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 …

Food Federalism: States, Local Governments, And The Fight For Food Sovereignty, Sarah B. Schindler

Faculty Publications

Recently, a number of states have sought to withdraw or restrain local power. In this Article, which is part of the “Re-Thinking State Relevance” symposium hosted by the Ohio State Law Journal, I write about a state taking the opposite approach, and attempting to affirmatively endow its local governments with additional powers. The state is Maine, and the context is control over local food production and sales. This Article begins by addressing the emergence of the sustainable local foods movement broadly, and reasons for the growth of this movement. It then focuses more pointedly on the food sovereignty movement, considering …

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 …

Private Attorneys General Act Lawsuits In California: A Review Of Paga And Proposals For Reforming The “Sue Your Boss” Law, Chris Micheli

University of the Pacific Law Review

No abstract provided.

The State Water Resources Control Board's Mandatory Consolidation Authority: Recommendations For Modification And Improvement, Ryan J. Mahoney

University of the Pacific Law Review

No abstract provided.

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.

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 …

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 …

The Effect Of International Ngos On Influencing Domestic Policy And Law, Ashley Macarchuk

CMC Senior Theses

This thesis attempts to understand the impact of international human rights and environmental NGOs on affecting domestic policy and law. In particular, it looks at how State-NGO relations, civil society, and accountability affect the success of international NGOs in enacting change in domestic policy. The focus is on four countries with some of the largest human rights and environmental abuses: Argentina, China, India, and Russia. Through these countries, this thesis shows that NGOs have the most influence when State-NGO relations are strong, civil society is active, and NGOs are accountable to both the State and citizens. A key component to …

Courts In Federal Countries: Federalists Or Unitarists?, Hannah Steeves

Articles, Book Chapters, & Popular Press

This book is the product of a comparative research project completed by the Forum of Federations and supported by the Government of Quebec. The Forum of Federations has the goal of linking academic research to real world practices and is supported and funded by international partners. Courts in Federal Countries: Federalists or Unitarists? contributes directly to this goal by providing a well-rounded, highly informed, comparative approach to the topic of the structural issues of federalism. This text is the first of a larger, forthcoming, seven volume series on federalism to be developed by the Forum of Federations.