Digital Commons Network^™

Breaking Ground: Understanding Indigenous Mining Disputes Through Negotiation Theory, Shaadie Ali

Minnesota Journal of Law, Science & Technology

No abstract provided.

Climate Change And Environmental Crises In Coastal Cities: Charleston Vs New York City, Nolan Rodriguez

Student Theses 2015-Present

This paper addresses the increasing vulnerability that coastal communities face regarding climate crises and rising sea levels. Specifically, this paper investigates the environmental crises facing Charleston, South Carolina, and New York City. The geographical location of these cities places a more severe threat upon their environment, as opposed to urban collectives removed from the immediate effect of rising sea levels. A cross-examination of politics and economics is discussed in order to determine the causal relationship of each city’s engagement with its surrounding environment. This paper examines how each city is affected by climate change, what measures are in place to …

Solar Energy Industries Association V. Federal Energy Regulatory Commission, Brandy Keesee

Public Land & Resources Law Review

In Solar Energy Industries Association v. Federal Energy Regulatory Commission (“Solar Energy”), the court grappled with a complex web of regulatory and environmental considerations. The overall dispute was the promulgation and implementation of Order 872, a directive issued by the Federal Energy Regulatory Commission (“FERC” or “Commission”), and its alignment with the Public Utility Regulatory Policies Act of 1978 (“PURPA”) and the Administrative Procedure Act (“APA”). The dispute in Solar Energy is about FERC’s interpretation and application of PURPA in managing qualifying facilities (“QFs”). The crux of the contention was whether FERC’s 2020 rule revisions set forth in Order 872 …

Equity And Sustainable Development Under Climate Regime Of Bangladesh, Mahatab Uddin

San Diego International Law Journal

Equity and Sustainable Development are two important guiding principles of the international climate regime formed under the umbrella of the United Nations Framework Convention on Climate Change (UNFCCC) 1992. All international legal instruments concluded under the climate regime, including the recently adopted Paris Agreement, have acknowledged these two principles as their guiding principles. Consequently, all countries or parties to the UNFCCC and Paris Agreement require integrating these two principles with their national level climate change related laws and policies. Bangladesh, as a party to the UNFCCC and all other subsequent instruments including the Paris Agreement, is also required to incorporate …

The Private Litigation Impact Of New York’S Green Amendment, Evan Bianchi, Sean Di Luccio, Martin Lockman, Vincent Nolette

Sabin Center for Climate Change Law

The increasing urgency of climate change, combined with federal environmental inaction under the Trump Administration, inspired a wave of environmental action at the state and local level. Building on the environmental movement of the 1970s, activists have pushed to amend more than a dozen state constitutions to include “green amendments” — self-executing individual rights to a clean environment. In 2022, New York activists succeeded, and New York’s Green Amendment (the NYGA) now provides that “Each person shall have a right to clean air and water, and a healthful environment.”

However, the power of the NYGA and similar green amendments turns …

Climate Change And Human Health: A Synthesis Of Scientific Research And State Obligations Under International Law, Jessica A. Wentz

Sabin Center for Climate Change Law

This report synthesizes the latest scientific research on the human health effects of climate change and discusses the legal implications of this research, specifically with regards to State obligations under international law. In doing so, the report seeks to provide insights on issues to be analyzed by the International Court of Justice (ICJ) in its upcoming advisory opinion on the legal obligations of States with respect to climate change. It also seeks to enhance the capacity of judges, advocates, and governments to understand these issues in the context of current and future proceedings involving international law obligations related to climate …

Inequitable Infrastructure: An Empirical Assessment Of Federalism, Climate Change, And Environmental Racism, Lev E. Breydo

North Carolina Law Review

No abstract provided.

The Remedial Rationale After Sffa, Olatunde C.A. Johnson

Faculty Scholarship

After the Supreme Court’s ruling in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA) limiting the ability of higher education institutions to use race as a factor to advance diversity in the student body, at least one prominent commentator suggested that universities should now justify their affirmative action policies based not on diversity but on the need to remedy discrimination. Chief Justice John Roberts’s majority opinion deems diversity — the rationale established in Regents of the University of California v. Bakke and affirmed in Grutter v. Bollinger — a “commendable” goal. But the …

2024 School Of Law Commencement Information And Photographs, Roger Williams University School Of Law

School of Law Commencement (1996- )

No abstract provided.

Keeping It In The Ground: An Analysis Of Colorado Oil And Gas Law And The Legal Tools To Limit Production, Colin Hull

Colorado Environmental Law Journal

No abstract provided.

Inequitable Infrastructure: An Empirical Assessment Of Federalism, Climate Change, And Environmental Racism, Lev E. Breydo

Faculty Publications

This Article explains a critical, yet unexplored issue: How are some communities like Jackson—the 80% Black capital of Mississippi—often left without water or electricity, while their mostly white neighbors are not? The Article maps uncharted territory by interrogating the underlying causes of this disparity, untangling how three seemingly unrelated factors interplay with the accelerating effects of climate change to perpetuate systemic inequities.

First, and somewhat uniquely, the U.S. federalist construct allocates infrastructure responsibility to the states, which, under the guise of autonomy, subdelegate to often under-resourced local authorities. Second, this capital mismatch requires governmental units to borrow using complex municipal …

Assessing Urban Tree Coverage Along The U.S.-Mexico Border: A Gis Analysis Of Paso Del Norte, Melanie Escobar

Open Access Theses & Dissertations

In recent years, researchers have extensively studied the spatial distribution of social demographics and urban tree canopy (UTC) in urban cities, but very few, to this date, address U.S.-Mexico border cities. To date, there is no research that assesses the distribution of urban tree canopy (UTC) in the city of El Paso, Texas, and Ciudad Juarez, Chihuahua, along the U.S.- Mexico border. Leveraging advanced mapping techniques and GIS tools, the study performs comparisons between countries (Juárez vs. El Paso urbanized areas and intra-country (within each country). It compares land cover classifications, assesses variations in UTC distribution across census tracts and …

Prefatory Matter And Table Of Contents

University of Miami Law Review

No abstract provided.

The Santa Clara, 2024-04-12, Santa Clara University

The Santa Clara

No abstract provided.

Restore Texas Land: A Proposal To Utilize Emission Reduction Credits To Fund The Railroad Commission Of Texas' Well Plugging Initiative, George Coates Roberts

St. Mary's Law Journal

No abstract provided.

State Constitutions In The Woods, Quinn Yeargain

Pace Environmental Law Review

Before the adoption of environmental rights provisions beginning in the 1970s, most state constitutions did not contain provisions that protected the natural environment from degradation. Instead, to the contrary, many constitutions—especially in western states—contained policies that have long entrenched carbon-intensive infrastructures and have favored extractive industries. But starting in the early 1900s, a handful of states began amending their constitutions to incorporate environmental policy provisions. These additions helped preserve forested lands by giving state governments the power to respond to uncontrolled forest fires and adopt policies to prevent deforestation. Other amendments established fish and game commissions as constitutional entities, safeguarding …

Some Lessons For Crafting A State Constitution-Based Right To A Clean Environment, Heidi Gorovitz Robertson

Pace Environmental Law Review

While New York most recently added an environmental rights amendment to its constitution, Pennsylvania and Montana have had these amendments in their constitutions since the seventies. Hawaii, Rhode Island, Illinois, and Massachusetts have enacted weaker iterations of rights to a clean environment. Other states, like Maine, have faced challenges that blocked an amendment’s passage. This Article provides an initial analysis of the state environmental rights amendments currently in place, examining their origins, language, placement in the constitutions, and the major judicial decisions impacting their interpretation. It concludes by comparing the existing environmental rights amendments to the proposed amendment that failed …

Indigenizing The Right To A Healthy Environment, Elisabeth Parker, Heather Tanana

Pace Environmental Law Review

The most severe impacts resulting from environmental degradation are experienced by already-vulnerable populations, including Indigenous peoples. A growing number of countries are formally recognizing the basic human right to a healthy environment, which can help realize environmental and climate justice for these communities. On July 28, 2022, the United Nations General Assembly passed a landmark resolution formally recognizing the human right to a clean, healthy, and sustainable environment. The adoption of this resolution represents a pivotal moment in the understanding and implementation of a human rights-based approach to protecting the environment. However, it is important to recognize that historically, Indigenous …

Administering Environmental Justice: How New York’S Environmental Rights Amendment Could Transform Business As Usual, Rebecca Bratspies

Pace Environmental Law Review

Since New York became the latest state to pass an environmental rights amendment, there has been a great deal of analysis regarding how the judi- ciary will interpret the Green Amendment; however, state and local officials need not wait for the courts to enforce the Green Amendment. This Article explores the authority state and local officials have to carry out the purpose of the Green Amendment. Additionally, it discusses what the passage of the Green Amendment means in practice and how, and why, state officials such as the Attorney General should implement the Green Amendment.

Introduction, Marisa Barber

Pace Environmental Law Review

Introduction

Navigating Murky Waters: State-Level Strategies For Wetland Preservation And Tile Drainage Regulation After Sackett V. Epa, Caleb M. Swanson

Honors Thesis

Wetlands are some of the world’s most valuable ecosystems, serving as provisioners of species habitat, carbon sequestration, flood mitigation, water quality purification, and other ecosystem services. Human development has resulted in substantial wetland loss the world over. In the 1970s, the United States Congress passed the Clean Water Act, giving the EPA broad authority over wetland protection. However, in the summer of 2023, the United States Supreme Court decided Sackett v. EPA, limiting the EPA’s jurisdiction over wetlands to those indistinguishably connected to generally recognized “Waters of the United States” and removing federal protection for millions of acres of wetlands, …

"The Government Doesn't Take The Gay Community Seriously": The Failure Of Fema To Account For Lgbtq+ Individuals In Disaster Mitigation And Recovery, Alyssa Curcio

Duke Environmental Law & Policy Forum

No abstract provided.

Justice Delayed: New Jersey’S Battle With Environmental Justice And A Call For The Feds To Follow Suit, Peter Kizima Iv

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Table Of Contents - Vol. 48, No. 2 2024

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Leveraging Esg Principles To Help Secure Critical Mineral Supply Chains, Kaycee May Royer

Public Land & Resources Law Review

No abstract provided.

The Legality Of Second Chances: Employment For The Formerly Incarcerated, Ella Paligo

Brigham Young University Prelaw Review

The United States has one of the highest incarceration and recidivism rates globally. This is largely attributed to the fact that a large number of employers reserve the right to not hire those with a criminal record. To combat this, cities and states have enacted “Ban the Box” legislation which prohibits employers from inquiring about criminal history before the interview round. However, with this decision being left up to local and state officials, marginalized individuals are left open to employment discrimination. This paper explores how federal protection, like “Ban the Box” laws, must be implemented to avoid recidivism and reimprisonment.

Full Issue

Brigham Young University Prelaw Review

No abstract provided.

Amicus Brief Of Native Nations In Montana, Kathryn Shanley, And Denise Juneau, Held V. State Of Montana, Montana Supreme Court Docket No. Da 23-0575, Monte Mills, Jeremiah Chin, Mia Montoya Hammersley, Fredrick Ole Ikayo, Clare Derby, Natasha De La Cruz

Court Briefs

Montana’s Constitution specifically recognizes and protects the right of Native Nations and Indigenous individuals to preserve and sustain their cultural traditions through the education of future generations. These rights are inherently tied to the right to a clean and healthful environment.

Searching For Justice: Incorporating Critical Legal Research Into Clinic Seminar, Priya Baskaran

Scholarly Articles in Law Reviews & Journals

This Article provides educators with a roadmap for incorporating Critical Legal Research into Clinical Pedagogy. Critical Legal Research is a social justice-oriented critical intervention that provides a theoretical framework and practical application. Critical Legal Research provides lawyers with tools to deconstruct but also reconstruct legal research and analysis modes to engender more just, client-focused outcomes that fall outside dominant legal narratives. The problematic advent of ChatGPT and the broader incorporation of Artificial Intelligence (AI) within the legal research regime has made the Critical Legal Research project more urgent than ever. Ultimately, introducing Critical Legal Research in the clinic seminar is …

Advancing Disability-Inclusive Climate Research And Action, Climate Justice, And Climate-Resilient Development, Janet E. Lord, Et Al.

All Faculty Scholarship

Globally, more than 1 billion people with disabilities are disproportionately and differentially at risk from the climate crisis. Yet there is a notable absence of climate policy, programming, and research at the intersection of disability and climate change. Advancing climate justice urgently requires accelerated disability-inclusive climate action. We present pivotal research recommendations and guidance to advance disability-inclusive climate research and responses identified by a global interdisciplinary group of experts in disability, climate change, sustainable development, public health, environmental justice, humanitarianism, gender, Indigeneity, mental health, law, and planetary health. Climate-resilient development is a framework for enabling universal sustainable development. Advancing inclusive …