Digital Commons Network^™

The Clean Energy Incentive Program: A Withdrawn Invitation To Technological Innovation And Market Transformation In The Electric Energy Industry, Michael A. Mullett

Valparaiso University Law Review

No abstract provided.

A Landscape Of Thermal Inequity: Social Vulnerability To Urban Heat In U.S. Cities, Bruce Coffyn Mitchell

USF Tampa Graduate Theses and Dissertations

A combination of the urban heat island effect and a rising temperature baseline resulting from global climate change inequitably impacts socially vulnerable populations residing in urban areas. This dissertation examines distributional inequity of exposure to urban heat by socially disadvantaged groups and minorities in the context of climate justice. Using Cutter’s hazards-of-place model, variables indicative of social vulnerability and biophysical vulnerability are statistically tested for their associations. Biophysical vulnerability is conceptualized utilizing a urban heat risk index calculated from summer 2010 LANDSAT imagery to measure land surface temperature , structural density through the normalized difference built-up index, and vegetation abundance …

International Environmental Law, Environmental Justice, And The Global South, Carmen Gonzalez, Sumudu Atapattu

Faculty Articles

No abstract provided.

Fighting For Environmental Justice: The Life And Work Of Professor Eileen Gauna, Clifford J. Villa

Natural Resources Journal

No abstract provided.

Front Matter, Natural Resources I. Journal

Natural Resources Journal

No abstract provided.

Introduction, Natural Resources Vii Journal

Natural Resources Journal

No abstract provided.

Hydropower Development In India: The Legal-Economic Design To Fuelgrowth?, Surabhi Karambelkar

Natural Resources Journal

Economic liberalization beginning in the early 1990s has represented a paradigm shift in policy discourse in India, from social welfare to economic growth. With its potential benefits of generating power for the growing economy and significant revenue through electricity sales and royalty payments, hydropower development has received center-stage in the hydrorich but economically weaker Himalayan states of India. Using an institutional approach to examine the evolution of laws and policies on electricity, land, environment, and water, this article seeks to uncover how prevailing legal and economic systems prioritize hydropower generation over other water uses. It argues that federal and state …

Re-Imagining Local Governance: The Landscape Of "Local" In Toronto, Alexandra Elizabeth Flynn

PhD Dissertations

In 1997, the Province of Ontario formed the City of Toronto, amalgamating one regional and six small municipalities into a single city government. This action altered the formal institutions of local governance, replacing what was once regional with a City Council meant to represent city-wide issues, and without providing a clear model for local or smaller-than-city decision-making. The purpose of this dissertation is to conceptualize the meaning of local governance within the City of Toronto as a result of the overlap of wards (as represented by councillors), community councils, business improvement areas and neighbourhood associations, each of which claim geographical …

Non-State Actor Access And Influence In International Legal And Policy Negotiations, Elizabeth Burleson, Diana Pei Wu

Fordham Environmental Law Review

No abstract provided.

Labor Leading On Climate: A Policy Platform To Address Rising Inequality And Rising Sea Levels In New York State, J. Mijin Cha

Pace Environmental Law Review

With the renewed need for state action, this paper presents a case study of a labor-led initiative in New York State that seeks to address both economic inequality and the climate crisis. It discusses how organized labor, which has historically represented fossil fuel workers and has not been seen as a traditional climate ally, put forth a comprehensive climate jobs plan that could meaningfully reduce carbon emissions while also creating good, family-sustaining jobs to reduce income inequality. As the need for a broader coalition to advocate for sensible climate policy increases, this case study provides a road map for states …

Building A Better Process: Improving Washington State's "Energy Facility Site Evaluation Council" Review Procedures To Better Encourage Public Participation, Gregory L. Porter

Washington Journal of Environmental Law & Policy

Washington State's Energy Facility Site Evaluation Council (EFSEC) is responsible for siting the state's energy facilities. The current process can frustrate robust public participation. One reason is that applicants must submit a single, comprehensive, application and these submissions have grown to enormous size and complexity. Local groups struggle with responding to these complex applications in time. Additionally, the council uses quasi-judicial adjudication where the applicant is represented by professional counsel, but local groups may lack the financial support to retain comparable counsel. Washington should learn from how New York overhauled its energy facility siting process in 2011. New York's Board …

Casting A Wide Net: Why It Is Incumbent Upon The Environmental Protection Agency To Expand The Scope Of Its Cost- Benefit Analysis To Include Native American Populations And Cultural Fishing Practices In The Aftermath Of Michigan V. Epa, Gretel Lee

Minnesota Journal of Law & Inequality

No abstract provided.

An Inclusive Energy Transition: Expanding Low-Income Access To Clean Energy Programs, Melissa Powers

North Carolina Journal of Law & Technology

No abstract provided.

Grid Modernization And Energy Poverty, Shelley Welton

North Carolina Journal of Law & Technology

No abstract provided.

Sovereignty, Safety, And Security: Tribal Governments Under The Stafford And Homeland Security Acts, Heidi K. Adams

American Indian Law Journal

No abstract provided.

Table Of Contents

Tulsa Law Review

No abstract provided.

Successes And Failures Of Federal Environmental Policy: Reviewing Federal Ecosystem Management And Federal Approaches To Environmental Justice, Brian W. Jewett, Heather E. Campbell

Tulsa Law Review

Reviewing: JAMES R. SKILLEN, FEDERAL ECOSYSTEM MANAGEMENT: ITS RISE, FALL, AND AFTERLIFE (UNIVERSITY PRESS OF KANSAS 2015); DAVID M. KONISKY, ED., FAILED PROMISES: EVALUATING THE FEDERAL GOVERNMENT’S RESPONSE TO ENVIRONMENTAL JUSTICE (THE MIT PRESS 2015).

A Post-Capitalist Earth, And Beyond?, Chase Hobbs-Morgan

Tulsa Law Review

Reviewing: PAUL ANDERSON, REFORMING LAW AND ECONOMY FOR A SUSTAINABLE EARTH: CRITICAL THOUGHT FOR TURBULENT TIMES (ROUTLEDGE 2015).

Overreach And Innovation In Equality Regulation, Olatunde C.A. Johnson

Duke Law Journal

At a time of heightened concern about agency overreach, this Article highlights a less appreciated development in agency equality regulation. Moving beyond traditional bureaucratic forms of regulation, civil rights agencies in recent years have experimented with new forms of regulation to advance inclusion. This new “inclusive regulation” can be described as more open ended, less coercive, and more reliant on rewards, collaboration, flexibility, and interactive assessment than traditional modes of civil rights regulation. This Article examines the power and limits of this new inclusive regulation and suggests a framework for increasing the efficacy of these new modes of regulation.

Back To Its Roots: How §1983 Must Return To Its Origins To Provide A Remedy For The Inupiat Against Oil Drilling In Alaska's Arctic Circle, Julia Prochazka

Northwestern Journal of Law & Social Policy

As demand for oil and gas grows, companies are looking to the Chukchi Sea in Alaska as a potential source of oil and wealth. However, the land along the Chukchi Sea is also home to the Native Alaskan community of the Inupiat. Drilling comes in direct conflict with the way of the life of the Inupiat. Considering this conflict, this Comment explores the difficulty of a §1983 claim for the Inupiat. The failure of §1983 to provide a remedy for the Inupiat provides a frame through which to view how §1983 has deviated from its plain language and original purpose.

Longitudinal Awareness: A Study Of Vulnerability To Flooding In Polk County, Iowa, Kerri A. Dickey

USF Tampa Graduate Theses and Dissertations

Flooding has become a problem of national proportion and many scholars have started to take note of the human impacts in this area. This study will focus on the social vulnerability framework in tandem with the environmental justice theoretical frameworks being applied to Polk County Iowa so that information can be added to the body of works within a Midwestern U.S. context. This research will contribute to the current geographical knowledge in natural hazards, environmental justice, and vulnerability to flood hazards. Taking into consideration the scarcity of county or sub-county studies in the Midwest U.S. measuring spatial tendencies in hazards …

After The White House Garden: Food Justice In The Age Of Trump, Garrett M. Broad

Journal of Food Law & Policy

It’s debatable whether President and First Lady Obama’s White House garden was a positive or negative symbol to the community food justice movement—but it did send a signal. This essay speculates what, if anything, the Trump administration will signal to these community food justice activists. It also recommends a potential strategy for grassroots food justice advocates fighting for already limited resources.

Grid Modernization And Energy Poverty, Shelley Welton

Faculty Publications

Grid modernization holds the alluring promise of rationalizing electricity pricing, saving consumers money, and improving environmental quality all at the same time. Yet, we have seen only limited and patchwork regulatory initiatives towards significant grid modernization in the United States. Outside of a few leading states, state energy regulators appear loath to embrace fullthroated versions of the project. This article argues that the underdiscussed problem of energy poverty in the United States is a critical contributing factor in the gap between grid modernization’s possibilities and our regulatory reality. Only by explicitly understanding how the issues of grid modernization and energy …

The Conservation Of Marine Ecosystem From Trawl Usage By The Local Government Based On Sustainable Marine Preservation Principle, Waluyo Waluyo, Djoko W. Winarno, Ayub T. S. Kusumo, Rosita Candrakirana

Indonesian Journal of International Law

Fisheries practice using trawl and seine nets in Indonesia are still numerous since fishermen round that it will yield much more. However, the practice also threatens the life of small and young fishes as well as destroys the coral reef. The government then issued the regulation namely the Regulation of Minister on Marine Affairs and Fishery Number 2/Permen-KP/2015 about the Prohibition of Trawl and Seine Nets Usage which apply to the whole area of fisheries in Indonesia. It was one of the efforts by the Government of the Republic of Indonesia in conserving its marine ecosystem. The aim of this …

Luxembourg Forum 2017, University Of Michigan Law School

Event Materials

Program for the Court of Justice of the European Union visit to the University of Michigan Law School.

Environmental Justice And The Clean Power Plan: The Case Of Energy Efficiency, Cecilia Martinez

William & Mary Environmental Law and Policy Review

No abstract provided.

Python Crossing Prohibited: The Interplay Of Ethics, Aesthetics, Regulation, And Industry Transformation In The Luxury Apparel Market, Sophia Mossberg

William & Mary Environmental Law and Policy Review

No abstract provided.

Zoning And Land Use Controls: Beyond Agriculture, Lisa M. Feldstein

Maine Law Review

If one were playing a word association game and were asked what comes to mind when the terms “food” and “land use” are given, chances are high that the response would be “agriculture.” Yet every stage in the food system, from being grown or raised through being consumed, is place-based. Put differently, everything that happens with our food system involves land use in some way. Even the acquisition of aquatically sourced foods requires a journey that begins from the shore, and yet it is rare to consider the profound ways in which our every interaction with food system utilizes or …

The Recent Enactment Of National Mandatory Gmo Labeling Law: Superior To A Voluntary Labeling Scheme But Unlikely To End The Labeling Controversy, Nan Feng

Seattle University Law Review

Part I of this Note provides background information about the major controversies related to GM foods, including the debate about whether such foods should be labeled, and the history of GMO labeling laws in the United States. Part II compares S. 764 with H.R. 1599 and explains why a national mandatory labeling approach is superior to the voluntary labeling approach advocated by the House. Part III discusses the potential drawbacks and effect of S. 764 and finally concludes that the rulemaking process that will follow may create controversies and litigation.

Amicus (Spring 2017), University Of Colorado Law School

Amicus

Issue at a glance:

• Celebrates milestones in Colorado Law's 125-year history
• Highlights the 15th anniversary of the student-led Colorado Technology Law Journal
• Recognizes the achievements of faculty, staff, and students, including Dean Anaya's appointment to a United Nations committee to advise on enhancing representation of indigenous peoples
• Features the winners of the 2016 Reunion Class Challenge
• Celebrates personal and professional successes of Colorado Law alumni