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Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Cover

MC Law Review

No abstract provided.

Table Of Contents

MC Law Review

No abstract provided.

Free, Prior Informed Consent And Extractive Industry: Indigenous Action Is The Past, Present, And Future Of Global Environmental Justice, Paige Bellamy

Environmental and Earth Law Journal (EELJ)

Free, Prior Informed Consent ("FPIC") from the UN Declaration on the Rights of Indigenous Peoples has been central to global Indigenous action against extractive industries’ harmful practices. Yet, it is often not fully recognized as a sovereign right, which hinders Indigenous peoples’ ability to use it to its full potential. Historically, FPIC has been deemed a consultation right, not a right to “veto” industry action on Indigenous land. Countries that have interpreted FPIC as a mere consultation right have allowed further exploitation of Indigenous peoples, usually leading to environmental and humanitarian disasters. However, when courts have respected the right to …

Permitting Co2 Pipelines, Martin Lockman

Sabin Center for Climate Change Law

Both emissions reductions and removal of greenhouse gases like carbon dioxide (CO2) from the atmosphere are essential if we hope to minimize the damage caused by climate change and globally reduce our net emissions of greenhouse gasses to zero. Some CO2 removal techniques, like “direct air capture” that uses chemical and electrochemical processes to capture atmospheric CO2 at relatively low concentrations, generate a stream of captured CO2 that is then injected into underground rock formations referred to as “geologic storage.” CO2 pipelines represent the most efficient way to transport high volumes of captured CO2 to geologic storage locations. However, while …

Incorporating Social Justice And Environmental Sustainability Into Estate Planning Through Conservation Easements, Trace Brooks

ACTEC Law Journal

As climate change and social inequalities become increasingly pressing issues, estate planning has emerged as a powerful tool for promoting both social justice and environmental sustainability. This article explores the intersection of estate planning, private land conservation, social justice, and environmental sustainability.

Why Stop Grazing The Climate Commons?, Brigham Daniels

Michigan Journal of Environmental & Administrative Law

Many have argued that climate change is the textbook example of a tragedy of the commons. Assuming that is correct, to make headway on climate change, we would expect an enforceable agreement that provides for global collective action. The tragedy of the commons assumes that those who cut back when others do not are—to use the formal language of game theorists—suckers. So, the last thing we would expect is a surge of unilateral action. Contrary to theory, for the past decade, unilateral climate action has flourished among governments, businesses, other organizations, and individuals.

Is the number of climate suckers growing …

A Seat At Whose Table? Analyzing Detroit’S Community Benefit Ordinance As A Tool For Environmental Justice, Sarah Draughn Gargaro

Michigan Journal of Environmental & Administrative Law

The Environmental Protection Agency defines environmental justice as the “just treatment and meaningful involvement” of all people in the decisionmaking that affects the environment and human health. Since the origins of the modern American environmental justice movement in the 1980s, activists have emphasized the importance of self-determination. Environmental justice requires that decision making processes center the voices of the individuals impacted by decisions made about the distributions of environmental assets and harms. There is a significant challenge, however, in designing community engagement practices that meaningfully involve community members. Since the 1990s, community benefits agreements have been heralded as an effective …

Abolition And Environmental Justice, Allegra M. Mcleod

Georgetown Law Faculty Publications and Other Works

During the coronavirus pandemic, movements for penal abolition and racial justice achieved dramatic growth and increased visibility. While much public discussion of abolition has centered on the call to divest from criminal law enforcement, contemporary abolitionists also understand public safety in terms of building new life-sustaining institutions and collective structures that improve human well-being, linking penal divestment to environmental justice. In urging a reimagination of public safety, abolitionists envision much more than decriminalization or a reallocation of police functions to social service agencies or other alternatives to imprisonment and policing. Instead, for abolitionists, meaningful public safety requires, among other things, …

J Mich Dent Assoc September 2023

The Journal of the Michigan Dental Association

Reports from the deans of Michigan’s two dental schools covering the past year’s activities serve as the dual cover stories for this issue. Other feature articles include a discussion of professionalism, a diagnostic challenge describing adenomatoid odontogenic tumor, and a memorial tribute to recently deceased MDA Executive Director Karen Burgess. Monthly departments include Dentistry and the Law, Staff Matters^® human resource guidance, MDA Services (endorsed programs), MDA Foundation, news updates in News You Need, and more.

Determining An Effective Regulatory Framework For Businesses To Report On The Environment, Climate, And Human Rights, Paco Mengual

Pace International Law Review

The objective of this article is to identify the existing dynamics and clarify the reasoning behind reporting on environmental, climate, and human rights information in search of effective and binding frameworks to enhance transparency. To that effect, this article relates the evolution from a corporate sustainable business focus to reporting on environmental social and governance and increasing corporate accountability. It then expands on defining non- financial information and ESG reporting with regards to recent European Union Regulations (SFDR, Taxonomy) as well as the challenges associated with defining sustainable investments. This article aims to compare and understand the various regulatory strategies …

Mother Nature On The Run: The Sec, Climate Change Disclosure, And The Major Questions Doctrine, J. Robert Brown, Jr.

San Diego Law Review

The Securities and Exchange Commission (SEC or Commission) has proposed a rule that addresses the disclosure needs of investors with respect to climate change. The proposal would require that public companies tell investors about the risks to their business associated with climate change and explain the system and strategy of governance for monitoring those risks. In addition, the proposal would mandate the disclosure of certain greenhouse gas emissions.

The SEC’s proposal arrived contemporaneously with the Supreme Court’s announcement of the “major questions” doctrine. A deliberate attempt to limit the authority of the executive branch, the doctrine would restrict agencies from …

Justice House At Niagara University: An Emerging Approach To Teaching Vincentian Social Justice During And After The Covid-19 Pandemic, Kevin A. Hinkley

Journal of Vincentian Social Action

Some commentators have predicted that the disruptive effects of the COVID-19 pandemic will transform the landscape of higher education in the United States. For example, Scott Galloway, Professor of Marketing at NYU Stern School of Business, predicts that most U.S. colleges and universities will either “go out of business or become a shadow of themselves.” Professor Galloway argues that the few elite universities that survive will enter into corporate partnerships with Big Tech companies such as Google, Apple, and Meta. From this perspective, for the overwhelming majority of U.S. colleges and universities there won’t be a “post-pandemic recovery”— at least …

The Future Of Crypto-Asset Mining: The Inflation Reduction Act And The Need For Uniform Federal Regulation, Liz Guinan

Sustainable Development Law & Policy

Crypto-asset mining is energy-intensive and environmentally harmful, presenting challenges and opportunities for federal, state and local governments, regulators, and society as a whole. As of December 2021, the United States has thirty-eight percent of the global crypto network hash rate, which is the total amount of computational power used to mine and process crypto transactions, making the United States the world’s largest crypto-asset mining industry. The total electricity consumption of crypto-asset mining in the United States is estimated to be around 121.36 terawatt-hours (“TWh”) per year, which is equivalent to the electricity consumption of approximately 10.9 million households in the …

Mother Of Exiles: Hospitality & Comprehensive Immigration Reform, Ana M. Rodriguez

Journal of the National Association of Administrative Law Judiciary

This article examines the historical pattern of denying immigration in the U.S. on moral and supposedly Christian grounds. Although it is reasonable that no nation is duty-bound to welcome every foreigner and provide the same benefits afforded those with full citizenship, this article contends that a genuinely Christian response demands the biblical core value of hospitality to others. Indeed, xenophobia is the antithesis of hospitality and cannot be supported by a faithful, exegetical interpretation of the Christian Bible. It should be noted that this article does not propose the emergence of an American theocracy; however, hospitality-based dialogue and humanitarian principles …

Twenty-First Century Colonization Is Not A Good Policy Decision, Ellen Elizabeth Scott

Georgia Journal of International & Comparative Law

No abstract provided.

Federal Environmental Justice Legislation And Regulations, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Publicly-Subsidised Stadiums: Changing The Game Through Good Governance, Ryan Gauthier

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Dawn Of Environmental Human Rights In New York, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

On Election Day in 2021, New York's voters added Section 19 to the state's constitutional Bill of Rights. They reaffirmed a human birthright to clean air, clean water and a healthful environment. New York's constitutional Bill of Rights now guarantees the liberty that “each person shall have a right to clean air and water, and a healthful environment.

New York's Legislature had previously concurred, recognizing that these rights are “elemental.” At the New York State Bar Association's Environment and Energy Law Section's annual meeting on Jan. 25, 2022, I was privileged to deliver a lecture entitled “A New Era …

Global Climate Litigation Report: 2023 Status Review, Michael Burger, Maria Antonia Tigre

Sabin Center for Climate Change Law

This Global Climate Litigation Report: 2023 Status Review, which updates previous United Nations Environment Programme reports published in 2017 and 2020, provides an overview of the current state of climate change litigation and an update of global climate change litigation trends. It provides judges, lawyers, advocates, policymakers, researchers, environmental defenders, climate activists, human rights activists (including women’s rights activists), NGOs, businesses and the international community with an essential resource to understand the current state of global climate litigation, including descriptions of the key issues that courts have faced in the course of climate change cases.

The Drug Policy Reform Act: Analyzing The Potential Future Of United States Federal Drug Policy, Justin Danziger

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

State Sequestration: Federal Policy Accelerates Carbon Storage, But Leaves Full Climate, Equity Protections To States, Gabriel Pacyniak

San Diego Journal of Climate & Energy Law

The Intergovernmental Panel on Climate Change—the UN’s expert science panel—has found that limiting climate change to prevent catastrophic harms will require at least some use of carbon capture and sequestration (CCS) unless the world rapidly shifts away from fossil fuels and reduces energy demand. There is significant uncertainty, however, about the level of lifecycle GHG reductions achievable in practice from varying CCS applications; some applications could even lead to net increases in emissions. In addition, a number of these applications create or maintain other harms, especially those related to fossil fuel extraction and use. For these reasons, many environmental justice …

The Long And Winding Road To Carbon Neutrality: Can California’S Zero Emission Vehicle Survive The Twists And Turns Of The Legal System?, Erin Hudak

San Diego Journal of Climate & Energy Law

The effects of climate change are becoming more and more obvious every year, evidenced by extreme weather events, rising sea levels, and increased global temperature. In an effort to mitigate the damage caused by greenhouse gases, California Governor Gavin Newsom announced a goal to have all new passenger vehicles sold in California be Zero-Emission Vehicles (“ZEVs”) by 2035. This Article explores the possible legal issues that California’s ZEV mandate faces now and may face in the future. First, California will likely face a federal preemption challenge under the Clean Air Act. Second, the California Air Resources Board’s authority to mandate …

From Austin To Santa Fe: Exploring The Prosecution Of Environmental Crimes Within Epa Region 6, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy

Natural Resources Journal

Criminal violations of environmental law are prosecuted by EPA and DOJ. Despite decades of such prosecutions, there has been relatively little analysis done towards understanding existing patterns in criminal prosecution of environmental crimes, especially on a regional basis. This article analyzes the 287 prosecutions which occurred in EPA Region 6 between 1983–2022, out of the 2,807 total environmental crimes prosecuted by all of EPA during that period. In the selected cases, defendants were cumulatively assessed with over $908 million in monetary penalties, 225 years of incarceration, and 1,032 years of probation. At 43 percent of the selected prosecutions, water pollution …

Case Note: Mind The (Federal) Gap: Nuisance Claims In The Tenth Circuit To Address Climate Change, Serafina Seluja

Natural Resources Journal

No abstract provided.

The End Externalities Manifesto: Restatement, Loose Ends, And Unfinished Business, J.B. Ruhl

Pace Environmental Law Review

Professor J.B. Ruhl observes in his article, “The End Externalities Manifesto: Restatement, Loose Ends, and Unfinished Business,” that Elliott and Esty’s proposal for a rights-centric system of environmental law focuses narrowly on a right to recover compensation for harms to human health caused by pollution. He offers suggestions for implementing that proposal, such as using the concept of ecosystem services to trace how harm to ecosystems can cause harm to human health, and he proposes how Elliott and Esty could extend their rights-centric system to a broader conception of human rights and the environment.

Natural Resource Systems And The Evolution Of Environmental Law, Monika Ehrman

Pace Environmental Law Review

Professor Monika Ehrman provides a pragmatic response to Elliott and Esty’s proposal to end all environmental externalities, which she refers to as an “environmental law moonshot.” She examines the value of transforming environmental law and dreaming big as Elliott and Esty recommend, while discussing the practical considerations of doing so. Her considerations include incentivizing technological advancement, compensating environmentally harmed communities to address systemic issues, and breaking down silos in environmental law.

A Balanced Prescription For More Effective Environmental Regulations, W. Kip Viscusi

Pace Environmental Law Review

Government agencies increasingly base the structure and approval of environmental regulations on a benefit-cost test. For regulations that pass this test, total benefits exceed total costs. Under a benefit-cost framework, the degree of regulatory stringency is set at an economically efficient level whereby the tightness of the regulation is increased up to the point where the incremental benefits equal the incremental costs. Setting regulatory standards to achieve the efficient degree of pollution control does not fully discourage entry into polluting industries, provide compensation to those harmed by pollution, or establish meaningful incentives for effective enforcement. This article proposes that the …

Environmental Law For The 21st Century, E. Donald Elliott, Daniel C. Esty

Pace Environmental Law Review

In this issue, Professors Elliott and Esty expand on their original proposal and respond to critics.2 They apply their perspectives as practitioners, as well as academics, to develop their vision for environmental law in the 21st century. They establish three legal duties that should apply to entities that release potentially harmful materials into the environment. Professors Elliott and Esty contend that such entities have a duty (1) of research and disclosure to assure the public that any environmental releases are not harmful, (2) to minimize harm if they fail to demonstrate the releases are harmless, and (3) to compensate those …