Digital Commons Network^™

Politics And The Criminal Enforcement Of Superfund, Joshua Ozymy, Melissa Jarrell Ozymy

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Renewable Portfolio Standards: Effectiveness And Carbon Implications, Alexander S. Albrecht

CMC Senior Theses

A renewable portfolio standard (RPS) policy is a popular regulatory tool implemented within the U.S. and abroad to limit energy sector emissions and incentivize renewable energy. Assessing their effectiveness and efficiency is a key component of achieving further reductions. We assess an energy market under an RPS using fixed-effects panel and 2SLS regression models to lend empirical credence to common theory-based concerns about RPS policy, namely (1) that they leave emissions unregulated once the RPS requirement is met and (2) that they do not incentivize full use of renewable energy resources. Our results show these to be valid concerns that …

Red White And Blue – And Also Green: How Energy Policy Can Protect Both National Security And The Environment, David M. Schizer

Faculty Scholarship

Too often, energy policy protects the environment while neglecting national security, or vice versa. Since each goal is critical, this Article shows how to advance both at the same time.

For national security, the key is to avoid depending on the wrong suppliers. If they are vulnerable to attack (like some Middle Eastern producers), they need to be defended. Or, if they are themselves geopolitical threats (like Russia and Iran), their energy exports fund harmful conduct. This Article breaks new ground in showing why suppliers tend to be insecure or menacing: authoritarian regimes — which are more likely to pose …

Restorative Justice And The Rights Of Nature: Using Indigenous Legal Traditions To Influence Cultural Change And Promote Environmental Protection, Anne Haluska

Mitchell Hamline Law Review

No abstract provided.

No Alternative: The Failure Of The Minnesota Environmental Policy Act To Consider Project Alternatives And Proposed Remedies, Kevin Swanberg

Mitchell Hamline Law Review

No abstract provided.

Race, Space, And Place: Interrogating Whiteness Through A Critical Approach To Place, Keith H. Hirokawa

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

Drawing from George Lipsitz’s notion that whiteness is “not so much a color as a condition,” this Article embarks on the project of framing the manner and methods through which whiteness continues to dominate space and place. Wherever whiteness dominates space, space carries rules and expectations about the identity and characteristics of people who are present—visitors and jaunters, owners and occupiers—and the types of activities and cultural practices that might occur there. Occasionally, spaces are racialized because of intentional practices of discrimination and segregation. In others, less intentional methods produce racialized space. In both, American spaces tell their own histories …

A Human Rights Approach To Climate-Induced Displacement: A Case Study In Central America And Colombia, Camila Bustos, Juliana Vélez-Echeverri

Elisabeth Haub School of Law Faculty Publications

The past decade was the warmest decade ever recorded. As climate impacts intensify, numbers of people displaced and in need of relocation increase. International law has yet to adapt to a changing climate and its implications for those most vulnerable. Experts still debate whether the existing refugee regime could provide a solution for those displaced by climate across international borders, while national governments continue to reckon with the domestic implications of internal displacement fueled by climate impacts. In this article, we apply a human rights lens to climate induced displacement, drawing from two case studies to highlight the human rights …

Unleashing Carbon Removal Technologies, Sierra Apillanes, Alexa Penalosa

Colorado Environmental Law Journal

Mounting climate change concerns are driving unprecedented interest in carbon dioxide removal technologies. Unlike carbon capture strategies, which trap carbon dioxide at specific emission points such as power plant smokestacks, carbon removal technologies directly remove carbon dioxide from the ambient atmosphere. Fossil fuel industry stakeholders have championed carbon capture for years as a means of reducing carbon emissions while continuing the nation's heavy reliance on carbon-intensive energy sources. This focus on promoting carbon capture has delayed the development of policies specifically aimed at promoting carbon removal. As a result, humankind has yet to effectively leverage carbon removal technologies in the …

Using State Law Before The Glaciers Thaw: Climate Torts After Bp V. Baltimore, Jillian Mayer

American University Journal of Gender, Social Policy & the Law

We are living in the beginning stages of Earth’s sixth mass extinction. Since the Industrial Revolution of the nineteenth century, the burning of fossil fuels has released huge quantities of carbon dioxide and other greenhouse gasses (“GHGs”) into the atmosphere. The increased concentration of GHGs causes the atmosphere to retain more heat. Consequently, ecosystems and weather patterns shift and change faster than most plants, animals, and human societies can adapt. Climate change threatens global peace, crashes economies, and creates humanitarian crises.

Manure, Methane, And Money: The Anaerobic Digester Disaster In California, Pegga Mosavi

Animal Law Review

The small, idyllic family farms that come to mind at the first mention of farming are all but gone, replaced by enormous factories that churn out animals at record speed, with little regard for their health and welfare. These factory farms produce a host of issues, including pervasive water and air pollution, particularly in vulnerable agricultural communities like those of the San Joaquin Valley in California. While the detriments of the factory farm model are numerous, contribution to climate change in particular has garnered significant attention. Animal agriculture in the U.S. produces 36% of the country’s methane, a greenhouse gas …

Seeking To Be 'Like Water': Plastic Regulation In The People's Republic Of China, Dr. Gerry Nagtzaam, Dr. Elena Karataeva

Natural Resources Journal

China is one of the biggest producers of both virgin plastic and plastic waste. In order to tackle its growing plastic pollution crisis, China has recently made a number of significant legislative reforms directed at minimizing the use of disposable plastics, increasing the production of degradable plastic items and cutting off its reliance on imported plastic waste for recycling feedstock to boost its own recycling efforts. However, relying on recycling and degradable plastics as solutions to the plastic waste crisis may not be sufficient. China’s approach highlights an inherent contradiction in minimizing plastic pollution whilst simultaneously increasing plastic production.

Book Review: Up To Heaven And Down To Hell: Fracking, Freedom, And Community In An American Town Written By Colin Jerolmack, Abigail Lutz

Natural Resources Journal

No abstract provided.

Environmental Evidence, Seema Kakade

University of Colorado Law Review

The voices of impacted people are some of the most important when trying to make improvements to social justice in a variety of contexts, including criminal policing, housing, and health care. After all, the people with on-the-ground experience know what is likely to truly effectuate change in their community, and what is not. Yet, such lived experience is also often significantly lacking and undermined in law and policy. People with lived experience tend to be seen as both community experts with valuable knowledge, as well as nonexperts with little valuable knowledge. This Article explores the lived experience with pollution as …

Recommendations For Sustainable Tourism In Patagonia: An Exploratory Analysis Of Sustainable Tourism In Costa Rica, The Nordic Region, And Thailand’S Communities, Julia K. Lowery

Undergraduate Honors Theses

This thesis explores different levels of governance and its role towards actualizing sustainable tourism in Patagonia. With the growing threat of climate change, international destinations such as Patagonia are looking to continue building their tourism industries in a sustainable way. Through analyzing case studies of national governance in Costa Rica, multi-national governance in the Nordic region, and community-based tourism in Thailand, we can better understand how each form of governance has the potential to create a sustainable tourism industry. With this understanding of successful governance in my case studies, as well as understanding the historical and political forces that have …

Business Associations: Veil Piercing In Georgia, Judd F. Sneirson

Mercer Law Review

This year saw few developments in Georgia corporate law. The one reported case on the topic involved veil piercing and related doctrines—nothing novel, but an opportunity to review and clarify this important area of Georgia law.

The Dream Of Property: Law And Environment In William T. Vollmann’S Dying Grass And Leslie Marmon Silko’S Almanac Of The Dead, Ted Hamilton

Faculty Journal Articles

This article describes how the law inflects the narration of environmental conflict in William T. Vollmann’s Dying Grass (2015) and Leslie Marmon Silko’s Almanac of the Dead (1991). By focusing on the legal common sense of settler colonialism—its emphasis on private property in land and its subjugation of Indigenous peoples to the guardianship of the state—the article explores the ways in which Vollmann’s and Silko’s novels present counternarratives to the law’s story of justified conquest. Combining a law and literature approach with ecocriticism, this article highlights the importance of the legal imagination in defining human-land relations in the United States. …

Is Your Socially Responsible Investment Fund Green Or Greedy? How A Standard Esg Disclosure Framework Can Inform Investors And Prevent Greenwashing, Cara Beth Musciano

Georgia Law Review

As environmental, social, and governance (ESG) investing exponentially increases, so does the level of inconsistent ESG disclosures, adding to investor confusion. Without any mandates for standardization, companies will continue disclosing their sustainability efforts without concrete facts behind their subjective claims in hopes that they will appear “greener” to investors. This practice—known as greenwashing—could become prevalent, resulting in capital intended for sustainable investments flowing toward harmful businesses investors sought to avoid. Regulators should develop a mandatory ESG disclosure framework to create accurate, reliable data and to prevent capital from being misallocated against investors’ genuine sustainable efforts. Some existing rules could hold …

دراسة العشوائيات في مراكز مدن الانبار باستخدام التقنيات الجيومكانية وستراتيجية المعالجة - مدينة الفلوجة (دراسة حالة), أ.م.د. ثائر شاكر بطاح, د.مشتاق احمد غربي

Midad AL-Adab Refereed Quarterly Journal

اصبحت ظاهرة النمو العشوائي للتجمعات السكنية في مدن محافظة الانبار من المشاكل العمرانية، لذوى الدخل المنخفض، بالأراضي المفتوحة (الفضاء) داخل التجمعات السكنية بالمدينة وكذلك المناطق المجاورة والمتطرفة خارجها على تقسيمات أراضي غير معتمدة للسكن وغير مدرجة في خطط الدولة المستقبلية، فهي تفتقر للمرافق والخدمات الأساسية للسكان، و بعيدة عن اهتمام الدولة وعن الإحصاءات الرسمية، وغير مستوفاة للشروط الصحية ولا تطابق قوانين المباني، منذ الفترة التي سبقت عام ٢٠٠٣ ، ونتيجة تراكم مجموعة من الاسباب ذات علاقة بمشكلة السكن، منها ضعف دور الأجهزة التنفيذية الحكومية (البلديات والقائممقاميات) في منع حدوث التجاوزات أو إزالتها، وارتفاع الكثافة السكنية في بيوت المدينة وزيادة النمو …

Community In The Colorado River Basin, Jason Robison, Matthew Mckinney, Daryl Vigil

Idaho Law Review

No abstract provided.

تقدير كمية المخلفات الورقية الناجمة عن امتحانات كليات جامعة ديالى, أ.م.د. نسرين هادي رشيد الكرخي

Midad AL-Adab Refereed Quarterly Journal

يتناول البحث مشكلة بيئية مهمة تعاني منها معظم المؤسسات العراقية وعلى وجه الخصوص الجامعات العراقية ويتناول البحث الحالي من تراكم المخلفات الورقية الناجمة عن امتحانات بعض كليات جامعة ديالى(العلوم الصرفة،التربية الأساسية ،العلوم والزراعة) للعام الدراسي 2017-2018 الواقع أغلبها في موقع مجمع المرادية ضمن الحدود الادارية لقضاء بعقوبة و جنوب غرب مدينة بعقوبة في الجانب الايمن لنهر ديالى بمحاذاة طريق النقل الخارجي بعقوبة - بغداد القديم،وتحديدا ضمن مقاطعه27/ الكاطون اي بين دائرتي عرض ( 99َ 33ْ ، 47َ 33ْ ) شمال خط الاستواء وبين خطي طول( 35َ 44ْ ، 40َ 44ْ ) شرق خط كرينج. وبمساحة شغلت(5557م2). وكلية التربية الأساسية التي …

Santa Clara Magazine, Volume 63 Number 2, Fall 2022 [Print Issue 62:2], Santa Clara University

Santa Clara Magazine

14 - AFTER THE CANNONBALL What does it mean to wrestle with your own human limitations and vulnerability as you follow the footsteps of a saint? Hung Pham, S.J.

18 - GROWING When I was little, there seemed to be this nondescript era of life, a foggy “someday,” when becoming an adult just happened. Nikhita Panjnani ’24.

20 - HOW IT STARTED, HOW IT'S GOING For decades, the internet has shaped the way we communicate, but two years of being extremely online hit fast forward on its real-world impact. Matt Morgan.

26 - NURTURING NATURE A story in two stories: …

Loving Truly: An Epistemic Approach To The Doxastic Norms Of Love

The International Journal of Ecopsychology (IJE)

If you love someone, is it good to believe better of her than epistemic norms allow? The partiality view says that it is: love, on this view, issues norms of belief that clash with epistemic norms. The partiality view is supposedly supported by an analogy between beliefs and actions, by the phenomenology of love, and by the idea that love commits us to the loved one’s good character. I argue that the partiality view is false, and defend what I call the epistemic view. On the epistemic view, love also issues norms of belief. But these say simply (and …

The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration, Moosa Akefi Ghaziani, Mohammad Akefi Ghaziani

Indonesia Law Review

Today the world is tackling climate change. The global threat of energy poverty along with the growing need for energy has escalated this crisis. The promotion of renewable energy sources is widely known as the main solution to this challenge. Many International and regional agreements address various aspects of renewable energy development such as trade, transit, security, and investment. Since not all states have the financial and technological abilities to develop this sector, foreign investment is recognised as a crucial prerequisite for the global deployment of renewable energies. Various investment agreements are signed to facilitate and promote investments. These instruments …

Environmental Law: Injunctions Against Private Developers Under The National Environmental Policy Act, Dennis C. Dambly

Florida Law Review

No abstract provided.

Environmental Justice Mapping In The U.S. Pacific Island Territory Of Guam, Ben Rocha

Master of Science in Environmental Sciences and Management Projects

Academics, regulators, and the public currently use geospatial analysis tools to identify locations that may be candidates for further environmental justice review in the continental United States (U.S.). However, current environmental justice geospatial analysis tools overlook a small but significant portion of the U.S. - the U.S. Pacific Islands. This study analyzes environmental justice within the U.S. Territory of Guam using existing geospatial analysis methods and publicly available environmental, climate, and socio-economic data to: (1) Spatially map relevant demographic and environmental data and (2) determine the correlation, if any, between the exposure to environmental hazards and the socio-economic status of …

A Brown Buffalo’S Observations On Color (Blindness), Legal History, And Racial Justice In The Rocky Mountain West, Tom I. Romero Ii

Utah Law Review

This Essay is a series of observations about interrogating and complicating the meaning of color for all of us who call the Rocky Mountain West home. These observations are divided into three sections. First, in Part II, I explore what has long been the defining feature of race relations in the Rocky Mountain West—the persistent tension between the region as a racial utopia free from de jure racial inequities and the legacy of state-sanctioned racial violence and deep-rooted nurturing of White supremacy. Trekking through some of the legalscapes of property, state constitutional, civil rights, and martial law, this section spotlights …

Environment Protection In The South China Sea : A Study Of The Applicability In The Designation Of A Particularly Sensitive Sea Area (Pssa), Tao Yang

World Maritime University Dissertations

No abstract provided.

The Constitutionality Of Florida's Cap On Noneconomic Damages In The Tort Reform And Insurance Act Of 1986, R. Kyle Gavin

Florida Law Review

No abstract provided.

Analysis: The Oil Pollution Act Of 1990, Michael Atkins

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Zaagtoonaa Nibi (We Love The Water): Anishinaabe Community-Led Research On Water Governance And Protection, Nicole Latulippe, Deborah Mcgregor

Articles & Book Chapters

This paper presents Indigenous community-led, collaborative, and community-engaged water governance research with a First Nations community in the Georgian Bay and Lake Huron region in northeastern Ontario, Canada. The methodology draws on Indigenous approaches to understanding and developing knowledge and is designed to build community capacity in research and in water protection and governance. This approach recognizes existing community strengths, including traditional knowledge, experiences, perspectives, and associated cultural perspectives and values, laws, responsibilities and lived experience in relation to water. Results identify and contextualize community-held responsibilities and legal principles pertaining to water that support culturally relevant water governance and strategic …