Digital Commons Network^™

The Clinic As A Site Of Grounded Pedagogy, Madalyn K. Wasilczuk

Faculty Publications

Legal education tends to focus on teaching students federal law from hefty casebooks, inculcating the ability to "think like lawyers." In a sea of Socratic lectures and hypotheticals, students often take refuge in clinics as an island of practical skills-building, client centeredness, and individual fulfillment. Yet even clinics sometimes fail to highlight for students how the place where they practice, with its particular political context and history, shapes their clients' lives and legal problems. This Article describes the law school clinic as a site of grounded pedagogy: a teaching method that centers the con­nection between local history and the present …

Intersectional Management: An Analysis Of Cooperation And Competition On American Public Lands, Robin M. Rotman, Abigail M. Hunt

Faculty Publications

The United States government holds public lands in trust for the whole of the American people. This article focuses on National Monuments under the Antiquities Act. It argues that the federal government should renew its approach to the management of these lands by incorporating principles of environmental justice and long- term environmental viability. The article begins by examining the historical and legal foundations of federal lands in the United States, with a focus on the Antiquities Act. It then reflects on recent litigation and political controversy surrounding Bears Ears National Monument and Grand Staircase–Escalante National Monument, to illustrate how the …

A Community-Engaged Oral History Study As A Tool For Understanding Environmental Justice Aspects Of Human Exposures To Hazardous Waste Thermal Treatment Emissions In Colfax, La, Matilda Odera, Blair Kelley, Louie Rivers, Alyanna Wilson, Jessica Tran, Khushi Patel, Brenda Vallee, Wilma Subra, Jennifer A. Cramer, Jennifer K. Irving, Margaret Reams, Jennifer Richmond-Bryant

Faculty Publications

This study investigates environmental justice (EJ) themes related to siting a hazardous waste thermal treatment facility near a low-income community of color. We investigated effects of living near a hazardous waste thermal treatment facility through three EJ aspects: recognitional, procedural, and distributive justice. The study involved the collection of oral history interviews from residents of Colfax, a town in Grant Parish, Louisiana, that hosts an open burn/open detonation hazardous waste thermal treatment facility. The facility processes materials such as munitions, theme park waste, and contaminated soils from Superfund sites, and it increased its volume drastically in 2014. Residents reported adverse …

Gcs Site Selection In Saline Miocene Formations In South Louisiana, Muhammad Zulqarnain, Stephen O. Sears, Mehdi Zeidouni, Richard G. Hughes, Douglas Carlson, Carlos F. Rivera

Faculty Publications

One of the key requirements of a commercial scale geologic carbon sequestration (GCS) site selection process is identifying injection sites to safely inject and retain injected CO2 over extended time scales. This requires thorough evaluation of site-specific surface and subsurface features. A site screening and selection framework was developed and used to identify potential sites in South Louisiana, incorporating surface data including site proximity to large CO2 stationary sources, vicinity of large population centres and state lands, land usage, legacy oil and gas wells, and local/regional geologic trends. Regionally the Miocene sediments thicken and dip towards the south, reflecting a …

Social Inequalities In Climate Change-Attributed Impacts Of Hurricane Harvey, Kevin T. Smiley, Ilan Noy, Michael F. Wehner, Dave Frame, Christopher C. Sampson, Oliver E.J. Wing

Faculty Publications

Climate change is already increasing the severity of extreme weather events such as with rainfall during hurricanes. But little research to date investigates if, and to what extent, there are social inequalities in climate change-attributed extreme weather event impacts. Here, we use climate change attribution science paired with hydrological flood models to estimate climate change-attributed flood depths and damages during Hurricane Harvey in Harris County, Texas. Using detailed land-parcel and census tract socio-economic data, we then describe the socio-spatial characteristics associated with these climate change-induced impacts. We show that 30 to 50% of the flooded properties would not have flooded …

Participatory And Spatial Analyses Of Environmental Justice Communities' Concerns About A Proposed Storm Surge And Flood Protection Seawall, Judith Taylor, Norman S. Levine, Ernest Muhammad, Dwayne E. Porter, Annette M. Watson, Paul A. Sandifer

Faculty Publications

In response to increasing threats from sea-level rise and storm surge, the City of Charleston, South Carolina, and the US Army Corps of Engineers (USACE) propose constructing a seawall around the Charleston peninsula. The proposed seawall will terminate close to lower wealth, predominantly minority communities. These communities are identified as environmental justice (EJ) communities due to their history of inequitable burdens of industrial and urban pollution and proximity to highways and US Environmental Protection Agency (EPA) designated Superfund sites. The present study documents community concerns and opinions related to the proposed seawall, existing flooding problems, and other issues. The project …

Resurfacing Sovereignty: Who Regulates Surface Mining In Indian Country After Mcgirt?, Robin M. Rotman, Sam J. Carter

Faculty Publications

This article examines disputes over surface mining jurisdiction on the Muscogee (Creek) Nation Reservation post-McGirt and the larger implications for sovereignty and environmental justice in Indian Country that follow. Part II summarizes the history of federal, state, and tribal relations and provides an analysis of the McGirt decision and its potential impacts on natural resource issues. Part III offers an examination of jurisdictional uncertainties post-McGirt through an in-depth discussion of the Surface Mining Control and Reclamation Act and the State of Oklahoma v. United States Department of the Interior case. Drawing from the examination of surface mining regulation, Part IV …

The Role Of A Green Bank In South Carolina: A Market & Feasibility Assessment, Jory Fleming, Claire Windsor

Faculty Publications

A market and feasibility report that explores the role of a green bank in South Carolina. This report is the culmination of a multi-year process that included a comprehensive market assessment and interviews with over 60 organizations across South Carolina. It demonstrates that a green bank could play a vital role in South Carolina by creating a dedicated institution working to accelerate the flow of capital to projects that seek to reduce carbon pollution and increase resilience to climate impacts.

Using Situational Analysis To Reimagine Infrastructure, Mary Le Rouge, Clancy Ratliff, Donnie Johnson Sackey

Faculty Publications

In this article, we ask what it means to think of infrastructure discursively through situational analysis. First, we consider how policymakers have historically used writing and rhetoric to redefine, reframe, and resituate what infrastructure can be in technical documents. Second, we address the impact of policymakers’ discursive practices on the spaces and material realities of communities. We view the infrastructural function of writing “as a conceptual foundation for revealing structures and foundations of organizations that affect people” (Read, 2019, p. 237). We use three texts as the space of our discourse mapping: President Franklin Roosevelt’s “Fireside Chat on the Recovery …

Rural Estrangement And The Regulatory State, Ann M. Eisenberg

Faculty Publications

In today’s polarized social and political climate, rural alienation from government is often dismissed as “just more politics” or a symptom of problematic cultural norms. This Article takes rural disaffection from government seriously, with a focus on rural relationships with the federal regulatory state. The Article argues that rural disaffection from the regulatory state is not solely a cultural or political phenomenon among white conservatives. Rural disaffection is also a broader structural issue that stems in part from the regulatory state’s crisis of legitimacy.

Two factors show that rural disaffection from the regulatory state is more diffuse and profound than …

Fencing The Wind: Property Rights In Renewable Energy, Martin Lockman

Faculty Publications

In the face of global warming, the rapid development of carbon-neutral energy resources is utterly imperative. However, even environmentally friendly energy production like wind power has real externalities. Those who live in the shadow of wind turbines and suffer the immediate effects of wind development can be disenfranchised by municipal and state-level siting processes. Meanwhile, absent or ad hoc governance of windstreams prevents the efficient economic use of renewable energy resources when upwind development can doom a nascent windfarm. As windstream development intensifies, each of these conflicts will only become more frequent and more severe.

This article proposes a novel …

The Clean Water Act At 50: Is The Act Obsolete?, Jonathan H. Adler

Faculty Publications

As an introduction to “The Clean Water Act at 50” symposium, this Article explores the question of statutory obsolescence in the particular context of the CWA. Part I considers the phenomenon of statutory obsolescence and what it means to say that a given statute is “obsolete.” Part II then evaluates the CWA, identifying the reasons one might conclude that the Act is (or is not) obsolete. Part III then considers what could be done about the CWA’s obsolescence if, in fact, one concludes it is obsolete.

This abstract has been taken from the author's introduction.

Displacement And Preemption Of Climate Nuisance Claims, Jonathan H. Adler

Faculty Publications

Part I begins with a brief sketch of the common law environmental protection that preceded and matured alongside the development of environmental regulation, including the rise of federal common law actions for interstate pollution. With an eye toward preemption, and its role within our federalist system, Part II sketches the system of state and local environmental regulation that served as the background for the adoption of federal environmental law. While federal environmental laws are quite comprehensive and far-reaching, they operate alongside state and local efforts, often in collaborative fashion, and rarely preempt state regulation or litigation. [...]

Parts III and …

Public Investment In Climate Resiliency: Lessons From The Law And Economics Of Natural Disasters, Donald T. Hornstein

Faculty Publications

This Article takes issue with an important claim in the public choice and climate disaster literature: that American political markets will not allow appropriate investments in disaster preparedness and prevention, even when those investments are cost-benefit bargains. The claim is significant because the costs of climate disasters in the twenty-first century are estimated to be in the trillions of dollars due to the presence of legacy greenhouse gases in the atmosphere. Thus, even assuming a sustained, successful global campaign to limit future greenhouse gases, the ingredients for decades of droughts, wildfires, storms, and floods are already locked into the atmosphere. …

Foreword: Probing The Intersection Of Climate Change And Public Health, Ana Santos Rutschman

Faculty Publications

No abstract provided.

Precautionary Ratemaking, Jonas J. Monast

Faculty Publications

For more than one hundred years, states have relied on ratemaking to ensure that electric utilities deliver affordable and reliable power to their customers. This process helped keep costs down, but it also produced an electricity system that is a cause of, and vulnerable to, some of the most pressing challenges now facing society: climate change, catastrophic wildfires, extreme storms, and air and water pollution.

This Article argues that risk regulation is an alternate legal foundation for interpreting bedrock principles of ratemaking, such as prudency, reasonableness, least cost, and the public interest. The traditional economic regulator view of ratemaking evaluates …

Organic Cotton Clothing Purchase Behavior: A Comparative Study Of Consumers In The United States And Bangladesh, Md Nakib Ul Hasan, Chuanlan Liu, Bulbul Ahmed

Faculty Publications

The purpose of this research was to evaluate the differences and similarities of organic cotton clothing (OCC) purchase behaviors of the consumers who lie at the top and the bottom of the apparel supply chain. The influences of consumers’ sustainability knowledge and social norms on consumers’ attitudes and purchase intentions were examined to understand within the framework of the Theory of Reasoned Action (TRA). Sample data were collected from the United States and Bangladesh and, finally, 136 useable responses were used for the data analysis. Among the useable responses, 85 samples were from the US (containing 91.76% female participants and …

The Impact Of Climate Change On Virginia's Coastal Areas, Jonathan L. Goodall, Antonio Elias, Elizabeth Andrews, Christopher "Kit" Chope, John Cosgrove, Jason El Koubi, Jennifer Irish, Lewis L. Lawrence Iii, Robert W. Lazaro Jr., William H. Leighty, Mark W. Luckenbach, Elise Miller-Hooks, Ann C. Phillips, Henry Pollard V, Emily Steinhilber, Charles Feigenoff, Jennifer Sayegh

Faculty Publications

As part of HJ47/SJ47 (2020), the Virginia General Assembly directed the Joint Commission on Technology and Science (JCOTS) to study the “safety, quality of life, and economic consequences of weather and climate-related events on coastal areas in Virginia.” In pursuit of this goal, the commission was to “accept any scientific and technical assistance provided by the nonpartisan, volunteer Virginia Academy of Science, Engineering, and Medicine (VASEM). VASEM convened an expert study board with representation from the Office of the Governor, planning district commissions in coastal Virginia, The Port of Virginia, the Virginia Economic Development Partnership, state universities, private industry, and …

Ecosytem Services: Delivering Decision-Making For Salt Marshes, Philine S. E. Zu Ermgassen, Ronald Baker, Michael W. Beck, Kate Dodds, Sophus O. S. E. Zu Ermgassen, Debbrota Mallick, Matthew D. Taylor, R. Eugene Turner

Faculty Publications

No abstract provided.

Stakeholder’S Risk Perceptions Ofwild Pigs: Is There A Gender Difference?, Maria Bampasidou, Michael D. Kaller, Shaun M. Tanger

Faculty Publications

Substantial literature indicates that genders differ in terms of risk perception and values regarding wildlife management. Lack of equal stakeholder representation is also documented, which can also impact the effectiveness of human-wildlife conflict resolution interventions and education and outreach efforts. This paper investigates gender differences in perceptions about risks and potential adverse impacts on production, health, environment, safety, and population management posed by wild pigs. A survey was used to collect data from a random sample of adult residents (N = 1221) in Louisiana. We analyzed responses from 226 female and 832 male producers. We observed differences in how these …

Coastlines, Coastal Cities, And Climate Change: A Perspective On Urgent Research Needs In The United States, Paul A. Sandifer, Geoffrey I. Scott Ph.D.

Faculty Publications

This paper builds upon Friedman et al. (2020) and other reviews and statements but provides an explicit focus on research needed to improve the resilience and survivability of coastal communities as they face existential threats from climate change. It does not attempt a prescriptive analysis of potential research emphases, but instead recommends some key research areas that we believe will help provide a solid foundation for community adaptation. Our perspective is based on our experiences over a combined nearly 95 years of work in research, management, and policy, much of it related to coastal environments and their communities, rather than …

Mosquito Vector Production Across Socio-Economic Divides In Baton Rouge, Louisiana, Rebeca De Jesús Crespo, Madison Harrison, Rachel Rogers, Randy Vaeth

Faculty Publications

No abstract provided.

Black Urban Ecologies And Structural Extermination, Etienne C. Toussaint

Faculty Publications

Residents of low-income, metropolitan communities across the United States frequently live in “food apartheid” neighborhoods—areas with limited access to nutrient-rich and fresh food. Local government law scholars, poverty law scholars, and political theorists have long argued that structural racism embedded in America’s political economy influences the uneven development of such Black urban ecologies. Accordingly, food justice scholars have called for local governments to develop urban agricultural markets that combat racism in global corporatized food systems by localizing food development. These demands have only amplified during the COVID-19 pandemic, which has ravaged Black communities where residents suffer from preexisting health conditions …

The Bounds Of Energy Law, Shelley Welton

Faculty Publications

U.S. energy law was born of fossil fuels. Consequently, our energy law has long centered on the material and legal puzzles that bringing fossil fuels to market presents. Eliminating these same carbon-producing energy sources, however, has emerged as perhaps the most pressing material transformation needed in the twenty-first century—and one that energy law scholarship has rightfully embraced. Yet in our admirable quest to aid in this transformation, energy law scholars are largely writing into the field bequeathed to us, proposing changes that tweak, but do not fundamentally challenge, last century’s tools for managing the extraction, transport, and delivery of fossil …

Environmental Crimes And Green Victimization, Averi R. Fegadel

Faculty Publications

The field of criminology continues to give little attention to the behaviors and crimes that adversely impact the environment although decades of research has highlighted these crimes result in greater social harms, losses, and deaths compared to traditional street crimes. Moreover, these crimes are met with little consequences despite several laws and regulations charged with protecting the environment and public welfare. As a result, residents of minority and poor communities are faced with social, racial, and economic inequalities. This draws attention to the green victimization of marginalized groups and underrepresented populations worldwide. In the United States, these groups include Native …

Power Sector Carbon Reduction: An Evaluation Of Policies For North, Kate Konschnik, Martin Ross, Jonas J. Monast, Jennifer Weiss, Gennelle Wilson

Faculty Publications

The North Carolina power sector is poised for transition. Economics have driven big changes on the grid, making cleaner options for electricity generation cost competitive with traditional resources. North Carolina clean energy policies have further enabled the shift into renewable resources. Building on this momentum, Duke Energy Corporation and our state’s rural electric cooperatives have set ambitious climate goals, including “net zero” carbon emissions by 2050.

Well-designed policies can accelerate pollution reduction, make change more affordable for state residents and business, and stimulate job growth. For this reason, the North Carolina Clean Energy Plan (CEP)—developed pursuant to Governor Cooper’s Executive …

Parkindex: Validation And Application Of A Pragmatic Measure Of Park Access And Use, Andrew T. Kaczynski, S. Morgan Hughey, Ellen W. Stowe, Marilyn E. Wende, J. Aaron Hipp, Elizabeth L. Oliphant, Jasper Schipperijn

Faculty Publications

Composite metrics integrating park availability, features, and quality for a given address or neighborhood are lacking. The purposes of this study were to describe the validation, application, and demonstration of ParkIndex in four diverse communities. This study occurred in Fall 2018 in 128 census block groups within Seattle(WA), Brooklyn(NY), Raleigh(NC), and Greenville County(SC). All parks within a half-mile buffer were audited to calculate a composite park quality score, and select households provided data about use of proximal parks via an online, map-based survey. For each household, the number of parks, total park acreage, and average park quality score within one …

Uncertain Regional Urbanism In Venezuela. Government, Infrastructure And Environment, Fabio Capra-Ribeiro

Faculty Publications

Uncertain Regional Urbanism in Venezuela explores the changes cities face when they become metropolises, forming expanding regions which create both potential and problems within settlements. To do so, it focuses on three metropolitan areas located in Venezuela’s Center-North region: Caracas, Maracay and Valencia, designated as "Camava."

Considering three core topics, government and territorial administration, infrastructure and environment, as well as looking at the reciprocal impact, this book describes and analyzes the determinant variables that characterize the phenomenon of regional urbanization in this area and in the wider Global South. It includes documentary research, semi-structured interviews and Delphi methodology, involving a …

Framework For A Community Health Observing System For The Gulf Of Mexico Region: Preparing For Future Disasters, Paul Sandifer, Landon Knapp, Maureen Lichtveld, Ruth Manley, David Abramson, Rex Caffey, David Cochran, Tracy Collier, Kristie Ebi, Lawrence Engel, John Farrington, Melissa Finucane, Christine Hale, David Halpern, Emily Harville, Leslie Hart, Yulin Hswen, Barbara Kirkpatrick, Bruce Mcewen, Glenn Morris, Raymond Orbach, Lawrence Palinkas, Melissa Partyka, Dwayne Porter, Aric A. Prather, Teresa Rowles, Geoffrey Scott, Teresa Seeman, Helena Solo-Gabriele, Erik Svendsen, Terry Tincher, Juli Trtanj, Ann Hayward Walker

Faculty Publications

© Copyright © 2020 Sandifer, Knapp, Lichtveld, Manley, Abramson, Caffey, Cochran, Collier, Ebi, Engel, Farrington, Finucane, Hale, Halpern, Harville, Hart, Hswen, Kirkpatrick, McEwen, Morris, Orbach, Palinkas, Partyka, Porter, Prather, Rowles, Scott, Seeman, Solo-Gabriele, Svendsen, Tincher, Trtanj, Walker, Yehuda, Yip, Yoskowitz and Singer. The Gulf of Mexico (GoM) region is prone to disasters, including recurrent oil spills, hurricanes, floods, industrial accidents, harmful algal blooms, and the current COVID-19 pandemic. The GoM and other regions of the U.S. lack sufficient baseline health information to identify, attribute, mitigate, and facilitate prevention of major health effects of disasters. Developing capacity to assess adverse human …

Racial Disparities In Air Pollution Burden And Covid-19 Deaths In Louisiana, Usa, In The Context Of Long-Term Changes In Fine Particulate Pollution, Kimberly A. Terrell, Wesley James

Faculty Publications

Black Americans in Louisiana are disproportionately dying from COVID-19, and environmental disparities may be contributing to this injustice. While Black communities in Louisiana's industrialized regions (e.g., Cancer Alley, Calcasieu Parish) have been overburdened with pollution for decades, this disparity has not been evaluated by using recent data. Here, we explore statewide relationships among air pollution burden, race, COVID-19 death rates, and other health/socioeconomic factors. Measures of pollution burden included satellite-derived particulate matter (PM2.5) concentrations and health risks from toxic air pollution (i.e., respiratory hazard [RH] and immunological hazard [IH], estimated by the Environmental Protection Agency). In addition, we evaluate changes …