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Legal Shifts And Judicial Inconsistencies In Strict Liability After The Omnibus Law: A Critical Analysis Of Indonesian Environmental Law For Responsible Mining And Esg Compliance, Nurul Listiyani, Khenza Atthaya Namira Yulianto

Journal of Environmental Science and Sustainable Development

The legal significance of strict liability in mining arises from the sector’s capacity to generate technically complex, diffuse, and long-latency environmental harm that is difficult to address through fault-based litigation alone. This study aims to evaluate how the post-Omnibus Law reformulation of Article 88 of Law No. 32 of 2009 has affected the doctrinal autonomy, judicial consistency, and practical enforcement of strict liability in Indonesian environmental law. The research used normative doctrinal legal research including statutory, case-law, conceptual, comparative, and evaluative analyses. The data cover the 2009–2025 period and consist of two core statutory formulations of Article 88, the Job …

Teaching Old Statutes New Tricks: Towards Equitable Participation In Transportation Act Section 4(F) And Nhpa Section 106, Laura Mott

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Constitutionality Test: Judicial Review Of Mining License Prioritization For Religious Organizations In Indonesia, Qurrata Ayuni, Fitra Arsil

Journal of Environmental Science and Sustainable Development

The enactment of Government Regulation No. 25/2024 has sparked constitutional debate in Indonesia. The regulation prioritizes Special Mining Business Permit Areas (Wilayah Izin Usaha Pertambangan Khusus, WIUPK) for religious organizations, raising critical questions about distributive justice and democratic resource governance under Article 33(3) of the 1945 Constitution. This study examines the constitutionality of this policy by asking whether the prioritization of WIUPK for religious organizations, as reviewed in Constitutional Court Decision No. 77/PUU-XXII/2024, violates Article 33(3) of the 1945 Constitution and what implications this holds for Indonesia's natural resource management paradigms and constitutional interpretation. Using doctrinal legal research, …

Municipality Of Bayamón V. Exxon Mobil Corp. (2025): Bringing Racketeering Charges For Climate Justice, Ilinca C. Johnson

Pace Environmental Law Review

Environmental justice communities should have their climate change damages heard in the courtroom. One means to increase environmental justice claims is through claims under the federal Racketeer Influence and Corrupt Organizations (RICO) Act. Using Municipality of Bayamón v. Exxon Mobil Corp. (2025) as a model, this Article suggests a novel RICO case strategy to pursue climate damages for marginalized communities. Fundamentally, environmental justice RICO claims involve careful case design based on the climate-related damages a marginalized community has faced because of the long-term deception by fossil fuel actors upon those communities. Pursuing such claims forwards the intersectional issues faced by …

Non-Reformist Reforms In Environmentalism: Legal Theory And Praxis, Nicholas F. Stump

Pace Environmental Law Review

This Article explores how non-reformist reforms—as opposed to traditional environmental law—are required for ecologically transformative futures. Traditional environmental law is a critically flawed regime due to its embeddedness in our current ecological political economy, which functionally requires perpetual accumulation and growth. However, this accumulation- and growth-based paradigm is incompatible with the material realities of our planetary boundaries. This paradigm has thus engendered our current era of profound ecological crisis (i.e., as associated with notions of the Anthropocene).

Non-reformist reforms are an alternative framework that can help drive transformations of our ecological political economy vis-à-vis building and operationalizing people power from …

Testing Prior Appropriation As Drought And Climate Change Push States Toward Water Code Reform: Lessons From And For Oregon, Adell L. Amos

Public Land & Resources Law Review

Part I outlines approaches to addressing the challenges that have arisen in water management under state water codes that have been considered—some adopted, and some still under consideration—in Oregon. This section examines some historical material on Oregon water law and describes the current moment as a way for setting the stage for the work that is currently underway. The dynamics described for Oregon are replicated in many western states. So, while the details are Oregon-related, the storyline is a familiar one in the West.2 Part II describes the efforts of a working group of water law attorneys that the Oregon …

Enemies To Lovers: An Unsuspecting Friendship In The Journey To Save The Endangerment Finding, Sophie Ballah

University of Cincinnati Law Review

No abstract provided.

Hak Asasi Manusia (Ham) Atas Lingkungan Hidup (Suatu Rekfleksi Sosio Yuridis Atas Implementasi Penyelesaian Sengketa Lingkungan), Junior B. Gregorius

Jurnal Hukum & Pembangunan

Abstract

Reassessing Mining Share Divestment In Indonesia: Legal Challenges And Environmental Accountability, Ida Sumarsih, Luo Yuan Yuan

Indonesia Law Review

This article examines mining share divestment in Indonesia as an instrument of state control over natural resources and assesses the legal, institutional, and environmental challenges affecting its implementation. Using a normative legal approach, the study analyzes the applicable constitutional, statutory, and regulatory framework, supported by cases involving PT Kasongan Bumi Kencana, PT Newmont Nusa Tenggara, and PT Freeport Indonesia. The analysis identifies recurring problems relating to delayed compliance, fragmented institutional authority, limited financial capacity among Indonesian participants, and disputes concerning share valuation. Public Choice Theory and Rational Choice Theory are employed as supplementary analytical lenses to explain governmental decision-making concerning …

Rethinking Ubuntu Philosophy In Nigeria's Environmental Law: A Pathway To Sustainable Plastic Pollution Regulation, Ndubuisi Augustine Nwafor

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Sovereign Lands, Brent D. Chicken, Tanner M. Boyzuick

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Louisiana, Paul Upsons

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez

Seattle University Law Review

Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …

From Copper To Ashes: Violations Of The Right To A Healthy Environment And Health In Tsumeb, Namibia, Sarah Dávila

Fordham Environmental Law Review

The rights to a healthy environment and health are not new human rights to the African System for Human and Peoples’ Rights. In fact, they have been protected under the African Charter on Human and People’s Rights since 1981. However, outside of the established normative framework, a pressing issue arises in States where the extractive industry maintains a stronghold on the economy. The people of and around Tsumeb, Namibia, have been subjected to egregious human rights abuses and an environmental crisis. Their lives and environment have been historically and continuously destroyed due to the foreign-corporate extractive industry. The mining and …

When Earth’S Lungs Collapse: How Wetland Loss Threatens Air Quality After Sackett V. Epa, Julia A. Hicks

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez

Faculty Scholarship

Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …

“Fleeing The Climate: The Need For Protection Of Climate Refugees In The Light Of International Law”, Carina Dietmayer

Pace International Law Review

Climate change, which is already making itself felt, poses challenges for international law and the international community. Climate change and its consequences will lead to (involuntary) human mobility and affect many people. This forced migration is not yet specifically addressed by international law. This article addresses climate-induced migration and the protection of climate refugees through international refugee and migration law, international human rights law, international environmental law, climate change law and international disaster law. It analyzes how and, above all, why climate refugees are protected. The core thesis of the article is the justification of a need for protection of …

Walking On Sunshine: A Survey Of Oklahoma Concurrent Land Use Law And How Accommodation Can Fill In Gaps Revealed By Emerging Solar Energy, Nick Halbroeder

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Damned If You Do, Dammed If You Don’T: Solutions For The Snake River And The Nez Perce Tribe, Meridian S. Wappett

Public Land & Resources Law Review

No abstract provided.

Indian Water Rights Settlements And The Animas-La Plata Project: A Self-Fulfilling Prophecy Of Dependency, Sidney Paulina Williams

Public Land & Resources Law Review

No abstract provided.

The Inevitability Of Local Environmental Law, Keith H. Hirokawa, Cinnamon Carlarne Hirokawa, Lauren A. Vanwagoner

Fordham Environmental Law Review

The United States is entering a new era of environmental law. Within the first few months of President Trump’s second term in office, the administration issued a mass of executive orders, memoranda and policy changes that seek to peel back environmental protections, in many cases, to the point of erasure. The administration shuttered entire agencies, such as USAID, dissolved the Environmental Protection Agency’s research arm, terminated life-saving programs like the National Weather Service’s translation service, cut funding to housing and public health initiatives, and eliminated diversity, equity, and inclusion programs across the country. Given the reality of these large-scale drawbacks, …

Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith

Seattle University Law Review

The author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. …

Constitutional Futurism As Pedagogy, Jeremiah Chin

Seattle University Law Review

Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …

Powering Progress: How Ferc Order 2023'S Cluster Study Process Aims To Revolutionize Grid Interconnection, Lowell J. Chandler

Public Land & Resources Law Review

This Article analyzes Order 2023’s cornerstone reform: the replacement of the traditional first-come, first-served serial queue process with a more sophisticated first-ready, first-served cluster study approach. The Article also provides a basic introduction to utility regulation in the United States. While Order 2023’s change promises to revolutionize grid interconnection, the Article also considers whether additional reforms may be necessary to fully realize FERC’s vision of an efficient, equitable interconnection process.

Keynote Address: The Future Of Environmental Enforcement, David M. Uhlmann

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Presentations: Pennsylvania's Environmental Rights Amendment And Environmental Justice, Samantha Phillps Beers, John C. Dernbach, Emma H. Bast, Margaret O. Murphy

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Panel 2: Environmental Rights Amendment And Environmental Justice, Samantha Phillips Beers, John C, Dernbach, Emma H. Bast, Margaret O. Murphy

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Pressure In The Pipeline? Hidden Tensions Beneath The Surface In The D.C. Circuit's Analysis Of Alabama Municipal Distributors Group V. Federal Energy Regulatory Commission, Marina Campo

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Using State Policy To Neutralize Green Infrastructure Project-Ending Litigation And Strategically Advance Community Engagement, Sara Cody

Pace Environmental Law Review

In May 2023, Governor Gavin Newsome publicly announced a California Environmental Quality Act (“CEQA”) reform bill (SB 149), which he signed into law on July 10, 2023. From the moment this was announced, the proposal was barraged by pushback, not from climate negative industry, but from major environmental groups, including the National Resource Defense Council and the Sierra Club, among others. Why is this? One reason is that permit reform has historically been championed by the fossil fuel industry as a method for cutting red tape to make resource exploration faster, easier, and less costly. Even so, the ratio of …