Digital Commons Network^™

Rural Communities: How Do Individuals Perceive Change When Industry Enters The Area?, Katherine Danielle Ferrari

USF Tampa Graduate Theses and Dissertations

As the landscape of the United States changes and world resources face depletion, shale gas development has become a major social justice issue. Social workers may be called upon to help support communities undergoing change from industry as well as the environmental and social justice concerns that are arising in areas with rich natural resource supplies.

This research examines how a rural population perceives change when industry enters an area. It explores community change and social justice concerns that are occurring with shale gas development in order to help determine implications for social work practice.

Using a phenomenological approach, this …

Climate Change Mitigation With Renewable Biomass: Shifting Legal Incentives Away From Electricity And Towards Cogeneration, Sarah M. Hayter

MC Law Review

No abstract provided.

Do Good To Get Barred: The New Empire State Pro Bono Requirement’S Potential Impact On Environmental Law Practitioners, Kim Diana Connolly

Other Scholarship

No abstract provided.

An Empirical Assessment Of Corporate Environmental Crime-Control Stragies, Michael P. Vandenbergh, Sally S. Simpson, Carole Gibbs, Melissa Rorie, Lee Ann Slocum, Mark A. Cohen

Vanderbilt Law School Faculty Publications

Corporate illegality is often attributed to greed by corporate managers and insufficient legal safeguards. Underlying this argument is an explicit critique of corporate crime regulatory systems. Yet there is little systematic investigation of the relative merits of different types or components of crime-control strategies; research comparing more punitive command-and- control strategies with self-regulatory approaches is particularly lacking. In this Article, we assess these crime prevention-and-control mechanisms in the context of individual and situational risk factors that may increase the likelihood of illegal behavior in the environmental arena. We use data drawn from two groups of business managers who participated in …

Settler Colonialism And Reclamation: Where American Indian Law And Natural Resources Law Meet, Sarah Krakoff

Publications

Three hours west of Phoenix, Arizona, the Colorado River Indian Tribes (“CRIT”), a federally recognized tribe that includes over 3,700 enrolled members of Mohave, Chemehuevi, Navajo, and Hopi descent, occupies a reservation nearly 300,000 acres in size. The CRIT was one of five tribes to have its water rights confirmed in the landmark case of Arizona v. California, and therefore has senior rights to 719,248 acre-feet of Colorado River water, nearly one-third of Arizona’s allocation. How the CRIT came to be a single federally recognized tribe composed of members from four indigenous peoples located on lands that were a fraction …

Rethinking Sustainability To Meet The Climate Change Challenge, Sarah Krakoff

Publications

A group of environmental law professors formed the Environmental Law Collaborative with the goal of engaging environmental law scholars in the thorny issues of the day. The members of the Collaborative gathered in the summer of 2012 to produce an intensive and collective assessment of sustainability in the age of climate change. Their writings examine the process of adapting the principles and application of sustainability to the demands of climate change, including framing the term sustainability in climate change discussions; coordinating sustainable practices across disciplines such as law, economics, ethics, and the hard sciences; and conceptualizing the role of sustainability …

Conference Transcript: Heeding Frickey's Call: Doing Justice In Indian Country

American Indian Law Review

No abstract provided.

Assessing The Equity Implications Of Greenspace Distribution In An Arid Region, Abdelatif Eldeb

Open Access Theses & Dissertations

In the last few decades, vegetation deterioration is receiving increased attention because of its adverse impacts on societal and human health, environmental sustainability, and quality of life. I have selected two cities in Chihuahua Desert region (El Paso and Juarez) as case study sites to develop a novel and applicable methodology for integrating remotely sensed data of different spectral and spatial resolutions into an analysis of the spatial distribution of an urban amenity. The primary objective of this research is to determine if the spatial distribution of greenspace in 2010 is equitable with respect to socio-demographics in El Paso and …

Expedited Approval Of Energy Projects: Toward Assessing The Forms Of Procedural Relief, Michael B. Gerrard

Faculty Scholarship

If we are to prevent the worst effects of climate change, a major shift in the world’s energy systems will be needed, including the construction of a massive number of clean energy facilities. Under one well-known scenario, this will require — along with many other actions — the construction of 230 wind farms the size of the proposed Cape Wind project in Nantucket Sound; 1,000 large solar generating facilities of about ten square miles each; 1,400 natural gas-fired electric generating stations; 800 carbon capture and sequestration systems at coal-fired power plants; and 850 new nuclear power plants.

The Cape Wind …

Expedited Approval Of Energy Projects: Toward Assessing The Forms Of Procedural Relief, Michael B. Gerrard

San Diego Journal of Climate & Energy Law

This research is heading toward two further sets of questions, which may or may not be reached in the current phase of the work.

First, if certain permits or reviews can be dispensed with for certain projects, and there are few negative collateral consequences, do we need these permits and reviews at all? Every proposed project is important to someone, and arguments can almost always be mounted that a given kind of project warrants special treatment. The present inquiry may help identify some requirements that are obsolete and should not apply to anyone, and it may also help identify others …

Competition Agencies With Complex Policy Portfolios: Divide Or Conquer?, William E. Kovacic, David A. Hyman

GW Law Faculty Publications & Other Works

Antitrust law has been adopted by 120 jurisdictions worldwide. In more than half of these jurisdictions, the agency charged with enforcing antitrust law also has other responsibilities. The assignment of multiple regulatory tasks can affect the performance of a competition agency in complex and subtle ways. We present a framework for analyzing the consequences of creating public bodies with complex policy portfolios. Using examples from across the administrative state, we analyze the forces that shape the content of an agency’s policy duties, and how the portfolio of assigned duties affects the way an agency approaches its assigned tasks, and its …

What Does Environmental Justice Mean In An Era Of Global Climate Change?, Michael B. Gerrard

Faculty Scholarship

The 1990s saw the emergence of the issue of environmental justice – the disproportionate exposure of low-income and minority communities to environmental hazards - into the U.S. political sphere. The 2000s saw the emergence of global climate change as a political concern. Neither has led to significant legislation at the federal level, and thus old laws designed for different purposes are being utilized with decidedly mixed results.

This article addresses the confluence of environmental justice and global climate change. The two interact in complex ways, as do the approaches to dealing with them both.

The magnitude of the climate challenge …

Climate Change And Tribal Water Rights: Removing Barriers To Adaptation Strategies, Judith Royster

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Forest Carbon (Redd+), Repairing International Trust, And Reciprocal Contractual Sovereignty, David Takacs

Faculty Scholarship

No abstract provided.

Sensibilities For Social Justice Lawyers, Ascanio Piomelli

Faculty Scholarship

No abstract provided.

Digest Of Hydraulic Fracturing Cases, Smita Walavalkar

Sabin Center for Climate Change Law

As U.S. coal exports increase and new infrastructure is proposed to improve access to markets in Asia, controversy has arisen regarding the scope of environmental review that should be carried out by government. In particular, there is significant disagreement as to whether the end-use of exported coal and the emissions generated by its combustion fall within the scope of environmental review under the National Environmental Policy Act of 1969 (NEPA). This paper considers this issue, examining the requirements of NEPA and its implementing regulations, as well as current practice by Federal agencies.

Community Education And Access To Justice In A Time Of Scarcity: Notes From The West Grove Trolley Garage Case, Anthony V. Alfieri

Articles

No abstract provided.

Putting A Price On Whales To Save Them: What Do Morals Have To Do With It?, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

The author explores the moral implication of a proposal to create an international market in whale shares as an alternative to the dysfunctional International Whaling Commission. She finds the proposal amoral because whales, like humans, have an intrinsic right to life. Since this leaves whales vulnerable to whale hunting nations, she suggests that international environmental organizations might help a whale preservation norm emerge in whaling nations by using education and interventionist activities that focus on whaling’s cruelty to ultimately encourage the citizens and governments of those nations to change their self-image as whale eating cultures.

State Hazard Mitigation Plans And Climate Change: Rating The States, Matthew Babcock

Sabin Center for Climate Change Law

Climate change is affecting and will continue to affect the frequency and severity of natural hazard events, a trend that is of increasing concern for emergency managers and hazard mitigation agencies across the United States. Proper response to these hazards will require preparation and planning. Unfortunately, states are not required to include analysis of climate change in their State Hazard Mitigation Plans, which leads to uneven treatment of the issue and missed opportunities for mitigation planning. This survey identifies those state plans that address climate change and climate-related issues in an accurate and helpful manner and those that do not. …

What Every Land Use Lawyer Should Know About The Emerging Use Of Health Impact Assessment And Land Use Decision Making, Patricia E. Salkin, Pamela Ko

Scholarly Works

The field of Health Impact Assessment is relatively new to the United States, but already a number of state and local governments are incorporating these assessments into land use planning and decision making. In five years, the use of HIA in the U.S. has increased dramatically with more than 100 HIAs completed or in progress in the U.S. from 2007 to 2010. This article provides a brief overview of HIA in the United States, describes how it is being used in other states with respect to land use decision making, and examines how HIA is starting to be incorporated into …

Equity And The Global Policy On Climate Change: A Law And Economic Perspective, Andri G. Wibisana

Indonesia Law Review

The opponents of the global commitment to reduce greenhouse gases (GHGs) emissions seem to have shifted their arguments from the one emphasing on the issue of uncertainty to the one focusing on the economic burdens disproportionately placed on the current generation in general, and some developed countries in particular. Inevitably, the issue of equity becomes of highly importance in the recent climate policy debates. This paper attempts to analyze the implementation of equity principles, i.e. intergenerational and intragenerational equity, in the global climate policy. In doing so, it will first briefly outline some prominent economic appraisals on the impacts of …

Background Reading: Department Of Agriculture, 2013 Budget Overview, United States. Forest Service, United States. Department Of Agriculture

The Future of Natural Resources Policy (December 6)

57 pages.

"Fiscal Year 2013 Budget Overview"

"February 2012"

"Background Reading"

The Future of Natural Resources Policy: This forum will provide a post-election perspective on some of the challenges and opportunities that natural resources, public lands, and energy policymakers in Washington are likely to face in the next four years. An expert panel will discuss the dynamics in the Department of the Interior, the Department of Agriculture, and Congress, and how their evolving policies are likely to affect Colorado in the coming years.

Environmental Law Governing Hazardous Waste Contamination And Cleanup, Georgia State University College Of Law Student

Law Library Student-Authored Works

No abstract provided.

Indigenous Peoples And Epistemic Injustice: Science, Ethics, And Human Rights, Rebecca Tsosie

Washington Law Review

This Article explores the use of science as a tool of public policy and examines how science policy impacts indigenous peoples in the areas of environmental protection, public health, and repatriation. Professor Tsosie draws on Miranda Fricker’s account of “epistemic injustice” to show how indigenous peoples have been harmed by the domestic legal system and the policies that guide the implementation of the law in those three arenas. Professor Tsosie argues that the theme of “discovery,” which is pivotal to scientific inquiry, has governed the violation of indigenous peoples’ human rights since the colonial era. Today, science policy is overtly …

Discrimination In The Marcellus Shale: The Dormant Commerce Clause And Hydraulic Fracturing Waste Disposal, Eric Michel

Chicago-Kent Law Review

The environmentally controversial process of hydraulic fracturing (commonly referred to as "fracking") has led to a recent explosion in the supply and sale of natural gas in the United States. However, every fracking operation creates a sizable amount of toxic wastewater that requires disposal, and drillers in Pennsylvania have increasingly been shipping their waste across the border to Ohio because of Pennsylvania's inadequate internal disposal options. In response, Ohio has passed legislation that taxes out-of-state fracking waste at a greater rate than waste derived from natural gas drilling within its borders. This Note examines whether Ohio's taxing scheme violates the …

End Of The Line: Tracking The Commodity Chain Of The Electronic Waste Industry, Jacquelynn A. Doyon

Dissertations

This study examines the transfer of electronic waste (e-waste) from core to peripheral nations, specifically coastal nations in Africa. The theoretical perspective marries green criminology with world systems theory in examining the ways in which marginalized populations bear the burden of hazardous waste disposal across the globe. The study is comparative, looking at legislation in the United States as well as international legislation and enforcement, and also employs case study methodology, contrasting e-waste disposal in Nigeria and Ghana. The final intent of this research is to determine whether or not the violation of national and/or international legislation regarding the transfer …

Nurturing The Seeds Of Food Justice: Unearthing The Impact Of Institutionalized Racism On Access To Healthy Food In Urban African-American Communities., Kate Meals

The Scholar: St. Mary's Law Review on Race and Social Justice

Comprehensive change to our food systems must include a combination of community-based solutions and the elimination of racism from all structural levels. An anti-racist analysis of hunger is necessary to contextualize the power dynamics and structures responsible for food inequality. In recent decades, globalization and exponential population growth have pushed the boundaries of economic, social, and ecological sustainability, threatening global food security. Despite the fact that it is fundamental to human survival, adequate access to food is often viewed as a privilege, rather than a basic human right. These practices work to maintain a food system crisis that disproportionally impacts …

The Duty To Advise The Lorax: Environmental Advocacy And The Risk Of Reform, Keith W. Rizzardi

William & Mary Environmental Law and Policy Review

Lawyers have an ethical duty to advise their clients on moral, economic, social, and political matters. When applied to the changing field of environmental law, this abstract notion becomes provocative. Lawyers should advise their environmental advocacy clients of the possibility that their efforts to apply statutes or rules might initially succeed, but subsequent legislative reactions might defund, reform, or repeal the laws the client’s case relied upon. As a client’s sophistication decreases, or as the risk of adverse reactions to the client’s environmental advocacy increases, the lawyer’s duty to advise the client of these risks can shift from discretionary to …

Environmental Law And Fossil Fuels: Barriers To Renewable Energy, Uma Outka

Vanderbilt Law Review

Renewable energy is gaining momentum around the globe, but the United States has only just begun to change its energy trajectory away from fossil fuels. Today, only about 10% of electricity in the United States is generated from renewable energy, and most of that comes from hydroelectric power plants that have been operating for many years. The U.S. Energy Information Administration projects 30% of new capacity over the next twenty years will utilize renewable resources, without significant changes in U.S. energy policy, but at that pace renewable energy will still account for only 16% of generated electricity. These prospects stand …

Preserving Legal Avenues For Climate Justice In Florida Post-American Electric Power, Allison Fishman

Florida Law Review

No abstract provided.