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American Bar Association Section Of Environment, Energy, And Resources Symposium: Selected Addresses [Comments], Eileen Gauna

Faculty Scholarship

Opening remarks for Environmental Justice conference that reviews the growth and efforts made for environmental justice.

Environmental Damages After The Federal Environmental Enforcement Act: Bringing Ecosystem Services To Canadian Environmental Law?, Martin Z. P. Olsynski

Osgoode Hall Law Journal

The Canadian Environmental Enforcement Act [EEA] directs judges to consider actual environmental damage, or risk thereof, when setting fines for environmental offences. The EEA defi nes damage as including the loss of use and non-use values. While these terms are not unprecedented in Canadian environmental law, their use in environmental damage assessment is. Bearing in mind recent developments in environmental valuation in the United States and internationally, and considering the emergence of the “ecosystem services” paradigm in particular, this article explores the opportunities and challenges for ecosystem services based environmental damages assessment in the Canadian environmental sentencing context. The ecosystem …

Forests, Protected Areas And The Payment For Ecosystem Services: Reserva Do Juma (State Of Amazonas- Brazil), Solange Teles Da Silva, Danielle De Ouro Mamed

Global Environmental Law at a Crossroads

In the State of Amazonas, the Climate Change, Environmental Conservation and Sustainable Development Policy Act adopted by State Law n. º 3.135/2007 has created a Program called “Bolsa Floresta”. In a pioneering way, this program was established with the aim of starting the payment for environmental services and products to traditional communities for the sustainable use of natural resources, conservation, environmental protection and encouragement of voluntary policies to reduce deforestation. This Program of “compensation” - “Bolsa Floresta” - is divided into four types: a) “Bolsa Floresta” Family b) “Bolsa Floresta” Association c) “Bolsa Floresta” Social and, d) “Bolsa Floresta” Income. …

Environmental Justice Issues In Sustainable Development: Environmental Justice In The Renewable Energy Transition, Uma Outka

Journal of Environmental and Sustainability Law

No abstract provided.

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

Title Page

Journal of Environmental and Sustainability Law

No abstract provided.

Sustainability As A Means Of Improving Environmental Justice, John C. Dernbach, Patricia E. Salkin, Donald A. Brown

Journal of Environmental and Sustainability Law

No abstract provided.

Environmental Law, Civil Rights And Sustainability: Three Frameworks For Environmental Justice, Eileen Gauna

Journal of Environmental and Sustainability Law

No abstract provided.

Locating Keith Aoki: Space, Geography, And Local Government Law, Rick Su

Journal Articles

The late legal scholar Keith Aoki wrote on a wide range of legal issues, from intellectual property and genetic engineering to immigration and racial politics. This retrospective highlights his work on space, legal geography, and local government law. Aoki not only began his legal career exploring these issues, he also continuously drew upon their insights to frame legal inquiries in other fields as the scope of his research expanded. This essay shows Aoki to be more than an innovator in the study of space, legal geography and local government law. Indeed, he was one of their most important ambassadors.

A Mighty Wind: The Turbulent Times Of America's First Offshore Wind Farm And The Inverse Of Environmental Justice, M.W. Marinakos

Environmental and Earth Law Journal (EELJ)

In 2001, Cape Wind Associates announced its proposal to construct America’s first offshore wind farm in the federal waters of Nantucket Sound. This declaration touched off a storm of law suits, fund raising, and protests in the press that still rages to this day. Political pundits and environmental groups of every stripe have taken some surprising positions, based solely on the location of the renewable energy source. The Alliance to Protect Nantucket Sound, posing as an environmental concern, has risen as the archrival to the wind farm. Interestingly, a closer look under the surface of this group reveals a financial …

Environmental Justice On My Mind: Moving Georgia's Environmental Protection Division Toward The Consideration Of Enviornmental Justice In Permitting, David Deganian

Environmental and Earth Law Journal (EELJ)

Under the Obama Administration, the Environmental Protection Agency (EPA) is leading efforts to incorporate environmental justice measures into its inner-workings. So, too, are numerous other federal agencies. These efforts, however, have little practical effect at the state level where sources of pollution, such as coal-fired power plants and other industrial facilities are granted permits to pollute. Under the cooperative federalism framework that exists today, the federal government cannot directly compel states to consider environmental justice unless such action is required by federal law. Thus, federal guidance pertaining to environmental justice will do little to prevent the pattern of siting pollution …

The Village Of Kivalina Is Falling Into The Sea: Should Cercla Section 9626(B) Be Available To Move The Village From Harm's Way?, Robert J. Martin

Environmental and Earth Law Journal (EELJ)

The Village of Kivalina, and other similarly situated Native Alaska villages, are in danger of falling into the sea. Regional climate change is melting the permafrost that acts as the foundation of their communities. Sea ice that once acted as a barrier during storm season today melts earlier, and erosion rates are increasing. Kivalina’s situation is further worsened by the threat of contamination from a nearby open dump. Without permanent relocation, Kivalina and its residents face imminent harm.

Congress has given the President authority to permanently relocate an Indian tribe or Alaska Native village under CERCLA Section 9626(b). This article …

History Of Gender Discrimination And The 14th Amendment, Alyson Weiss

Law Library Student-Authored Works

No abstract provided.

Inter-American Court Of Human Rights, Rebecca Lunceford

Law Library Student-Authored Works

No abstract provided.

Mossville Environmental Action Now V. United States: Is A Solution To Environmental Injustice Unfolding?, Jeannine Cahill-Jackson

Pace International Law Review Online Companion

This article chronicles and analyzes the Inter-American Commission on Human Rights (IACHR) case resulting from the petition: Mossville Environmental Action Now v. United States. Part I illuminates the harms faced by the residents of Mossville and the little that has been done to remedy their situation. It provides an in-depth look at the data that has been collected by the U.S. government and analyzed by the members of Mossville Environmental Action Now, which shows levels of dioxin contamination in both the people and the environment of Mossville and their significance. Part I also discusses environmental racism and environmental justice …

Public Sector Dispute Resolution In Local Governments: Lessons From The Scag Project , Alana Knaster, Gregory L. Ogden, Peter Robinson

Pepperdine Dispute Resolution Law Journal

This article seeks to share lessons from an ongoing six-year project to overcome the barriers to the use of facilitation and mediation (ADR) processes for addressing regional and interjurisdictional planning disputes throughout Southern California. The participants in this effort originally assumed that the successful use of mediation in high profile disputes would lead to greater acceptance of ADR processes by governmental officials. After several failed attempts, project leaders concluded that it would be appropriate to refocus the original methodology and strategy for promoting the use of ADR. The new strategy focuses on the establishment of mediation services for community-based disputes …

Environmental And Energy Law Perspectives: Spring 2012, Environmental And Energy Law Program

Environmental and Energy Law Perspectives

No abstract provided.

The Human Right To Water And Sanitation: From Political Commitments To Customary Rule?, Gonzalo Aguilar Cavallo

Pace International Law Review Online Companion

The human right to water and sanitation is not explicitly recognized in the International Bill of Human Rights. Some scholars deny the legal existence of this right. However, over the last three decades, a number of legal recognitions of certain aspects of this right in specific universal and regional human rights treaties have allowed scholars to evidence the existence of the legal right to water and sanitation. In addition, an increasing number of high level international documents and declarations explicitly recognize the existence of this right, as reflected in declarations of the European Union and the General Assembly of the …

The Environmental And Social Injustice Of Farmworker Pesticide Exposure, Joan D. Flocks

UF Law Faculty Publications

Farmworkers in the United States are recognized as an environmental justice community. The farmworker population is low-income and primarily Hispanic, and is at a disproportionate risk from exposure to an environmental contaminant pesticides. Farmworkers face distributional, procedural, corrective, and social challenges with this exposure, as is common with other environmental justice communities. Social challenges include socioeconomic and political inequities that are grounded in the historical domination of the agricultural industry over its labor force. The production and use of pesticides is a function of the economic priorities of industry. Employers profit from pesticide use and are able to maximize their …

Are Climate Change Policies Fair To Vulnerable Communities? The Impact Of British Columbia's Carbon Tax And Australia's Carbon Pricing Policy On Indigenous Communities, Karen Bubna-Litic, Nathalie J. Chalifour

Dalhousie Law Journal

This paper compares carbon pricing policies in British Columbia and Australia in order to identify differences between carbon taxes and emissions trading schemes (ETS) from a fairness perspective. We examine how taxes and trading systems impact indigenous communities in both jurisdictions. While the regressivity of carbon pricing is a critical part of any fairness assessment, we argue that socioeconomic and cultural factors must also be taken into consideration. We discuss the importance of accompanying carbon pricing with policies that mitigate not only distributional impacts, but also additional impacts. These may be funded by the revenue generated by the policy or …

Can Volunteers Pick Up The Slack? Efforts To Remedy Knowledge Gaps About The Watershed Impacts Of Marcellus Shale Gas Development , Abby J. Kinchy, Simona L. Perry

Duke Environmental Law & Policy Forum

No abstract provided.

Olmstead's Promise And Cohousing's Potential, Carrie Griffin Basas

Georgia State University Law Review

No abstract provided.

The Aclu And The Propriety Of Dispute Resolution In Civil Rights Controversies, Amber Mckinney

Pepperdine Dispute Resolution Law Journal

Section I examines the history, purpose, and methodology of the American Civil Liberties Union. Section II discusses the historical development and use of Alternative Dispute Resolution. Section III, Part A provides examples of its use in environmental controversies, Americans with Disabilities Act disputes, and employment conflicts. Section III, Part B explains the arguments for and against the use of Alternative Dispute Resolution in Civil Rights Controversies. Section IV, Part A looks at examples of the use of Alternative Dispute Resolution by the American Civil Liberties Union, while Part B provides insight into the interplay of Alternative Dispute Resolution and the …

Climate Change And Small Island States: Adr Ift In A Raising Sea Of Legal Uncertainty, Jeremy Kelley

Sustainable Development Law & Policy

No abstract provided.

Environmental Justice: The Significance Of Race And Class In Determining Areas Of Environmental Pollution, Kaylee Beckman

Natural Resources Management and Environmental Sciences

No abstract provided.

"El Agua No Se Vende: Water Is Not For Sale!" The Latin American Water Tribunal As A Model For Advancing Access To Water, Mikita A. Weaver

Pepperdine Dispute Resolution Law Journal

At the international level, water is now understood to be a basic human right. However, conflict continues to intensify surrounding indigenous people's access to water as the resource becomes scarcer. In particular, this paper will examine the struggle of indigenous people in Latin America and the creation of the Latin American Water Tribunal (LAWT) as a solution. Section II will describe the LAWT, including the formation of the tribunal, case selection, and the structure of the public hearing. Section III will discuss both how the LAWT overcomes problems with the current legal system and the success of the tribunal as …

Multi-Stakeholder Dispute Resolution: Building Social Capital Through Access To Justice At The Community Level , Shala Ali, Williams E. Davis, Joanna Lee

Pepperdine Dispute Resolution Law Journal

Systems of multi-stakeholder dispute resolution are increasingly recognized as objectives of good governance by international organizations such as the United Nations Development Program (UNDP). Such objectives arise out of insights based on the dynamics of social capital that community based initiatives cannot succeed where trust is absent and mechanisms for collective decision-making do not exist. Yet localized decision-making can take many forms-whether distributional, competitive, or collaborative. This paper will examine, in particular, the impact of collaborative systems of decision-making on building social capital through access to justice in local communities. It will do this through examining participant feedback, meeting minutes, …

Nepa And The "Beneficial Impact" Eis, Shaun A. Goho

William & Mary Environmental Law and Policy Review

The National Environmental Policy Act (“NEPA”) requires that federal agencies prepare an environmental impact statement (“EIS”) for any major federal action “significantly affecting the quality of the human environment.” Some courts—in dicta—and some commentators have suggested that agencies must prepare an EIS for actions that will have significant beneficial impacts on the environment but no significant adverse impacts. In a recent case, the Ninth Circuit declined to address this question, but suggested that there was a circuit split on the issue.

In this Article, I argue that agencies do not need to prepare such a “Beneficial Impact” EIS. First, there …

Phantom Torts And Forum Non Conveniens Blocking Statutes: Irony And Metonym In Nicaraguan Special Law 364, Jeff Todd

University of Miami Inter-American Law Review

No abstract provided.

Nature And Nurture: Revisiting The Infant Adoption Process, Barbara L. Atwell

William & Mary Journal of Race, Gender, and Social Justice

Adopted children constitute approximately two percent of the United States’ childhood population, but are disproportionately represented in mental health settings, where they make up an estimated four to fifteen percent of the population. Science suggests that for those adopted at birth, this discrepancy may be due in part to their abrupt removal from the biological parents. We are now beginning to understand the importance of the bonding that takes place in utero and the infant’s awareness at birth. This article suggests three changes to the infant adoption process to align it with scientific knowledge. First, all adults involved in the …