Digital Commons Network^™

Maroonage: A Framework For Environmental Justice And Racial Freedom, Ryan Whyte

Fordham Environmental Law Review

Environmental hazards cause significant harm across society, with certain communities bearing the brunt of these burdens. In response, environmental advocates formed the environmental justice movement to promote equal environmental treatment for all. Closely related to this concept of environmental justice is environmental racism, which focuses on how people of color are disproportionately affected by environmental risks. While efforts to address environmental justice and racism have led to some successes, they have not fully addressed the persistent challenges affecting communities of color.

This Note seeks to apply a maroonage framework to address environmental racism and achieve environmental and racial justice for …

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 …

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, …

Article Iii Standing For Cercla Private Cost Recovery Actions: How The Test's Strained Logic Belies Its Authority, Jonathan M. Palacios

Fordham Environmental Law Review

This Note examines how Article III standing doctrine applies to

private plaintiffs’ cost recovery actions under § 107(a)(4)(B) of the

Comprehensive Environmental Response, Compensation, and

Liability Act. A review of judicial decisions reveals inconsistencies

in the analysis of injury in fact and traceability, and suggests that

current Article III standing doctrine is misaligned with its purported

objectives. In response, this Note proposes a structured framework

for assessing injury in fact and a refined approach to analyzing

traceability that distinguishes between different forms of causal

uncertainty. These doctrinal adjustments should better align case

outcomes with Article III standing doctrine’s constitutional and …

Why We Need A Constitutional Right To Healthy Environment In Canada

Fordham Environmental Law Review

The increasing demand for constitutional recognition of the right to a healthy environment (‘RTHE’) has been a matter of public concern and debate in many countries, including Canada.2 This paper asks, will a constitutional RTHE within the Canadian Constitution add any value when statutes already exist to protect the environment (and thereby health)? The present environmental statutes work towards protecting the environment, and by protecting the environment, public health can be protected.3 Together, both of them form a ‘healthy environment’, ie., an environment that fosters a healthy life.4 This paper will argue that there is additional value in recognizing a …

Debts And Desertion: Bankruptcy Law And The Orphan Well Crisis

Fordham Environmental Law Review

The issue of orphan wells—unplugged and unproductive oil and

gas wells with no responsible operator—poses a significant

environmental and public health threat in the United States. The scale

of this crisis is alarming: there are over 120,000 documented orphan

wells and potentially millions more undocumented. These wells are

often significant sources of methane emissions and other toxins that

exacerbate climate change and endanger the health of surrounding

communities. This paper examines the orphan well crisis, exploring

how wells become orphaned and the environmental and health

impacts associated with them. Furthermore, it delves into how the

situation is likely to worsen …

Towards Critical Environmental Justice Approach In Multicultural Divided States: Lessons From The Israeli Regulative System, Manal Totry-Jubran

Fordham Environmental Law Review

This article draws upon the evolving framework of the Critical Environmental Approach in examining the conceptualization and manifestation of the Environmental Justice approach and its pillars within the regulatory system of multicultural and divided societies. These are states comprised of marginalized ethnic and minority groups that frequently face instances of social and environmental injustice. Employing this perspective through a case study show that gradual and anecdotic but unorganized and incoherent incorporation of Environmental Justice pillars lacks the capacity to effectively address long-standing historical environmental injustices and fails to challenge the prevailing social framework. In fact, it runs the risk of …

Environmental Racism: Using Environmental Planning To Lift People Out Of Poverty, And Re-Shape The Effects Of Climate Change & Pollution In Communities Of Color,, William C.C. Kemp-Neal

Fordham Environmental Law Review

In the mid-1900s the United States began to see a rise in concern for environmental awareness issues. In the early days the movement focused on things like clean air, water and pollution but by the 1970s-1990s many prominent environmental awareness groups began to form focused on the idea that in order to avert climate change the principal goal needed to be to reduce global greenhouse gas emissions. In 1987 a report was released called Toxic Waste and Race, which outlined an intimate link between the placement of environmental hazardous waste sites in communities of color, and greater instances of polluted …

Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell

Fordham Environmental Law Review

The criminal prosecution of defendants that violate federal clean water laws has been ongoing for roughly four decades. Yet, we continue to have a poor understanding of how federal prosecutors use the U.S. Clean Water Act (“CWA”) to charge and prosecute criminals and the outcomes of those prosecutions. We use content analysis to analyze 2,588 federal criminal prosecution case summaries, 1983-2019, to gain a better historical understanding of how the CWA has been used as a prosecutorial tool, to bring out the major themes in the prosecutions, and quantify sentencing outcomes. Findings from the 828 CWA prosecutions undertaken during this …

Harvey: Environmental Justice And Law, Andrea Giampetro-Meyer, Nancy Kubasek

Fordham Environmental Law Review

No abstract provided.

The Campaign To Make Ecocide An International Crime: Quixotic Quest Or Moral Imperative?, Anastacia Greene

Fordham Environmental Law Review

No abstract provided.

A Just Transition: Why Transitioning Workers Into A New Clean Energy Economy Should Be At The Center Of Climate Change Policies, J. Mijin Cha

Fordham Environmental Law Review

With a hostile federal administration, states must take up the fight against climate change. Shortly after the United States withdrew from the Paris Climate Accord, governors from several states announced efforts to meet the targets. This article argues that state level climate actions must consider the economic consequences of climate policy. A shift away from fossil fuels is a fundamentally necessary step in the fight against climate change. However, the economic impact of this shift will be felt most acutely by fossil fuel workers and communities, many of which are already facing economic hardships. Attention and resources must be focused …

Toward Civil Rights Enforcement In The Environmental Justice Context - Step One: Acknowledging The Problem, Marianne Engelman Lado

Fordham Environmental Law Review

No abstract provided.

Non-State Actor Access And Influence In International Legal And Policy Negotiations, Elizabeth Burleson, Diana Pei Wu

Fordham Environmental Law Review

No abstract provided.

Climate-Energy Sinks And Sources: Paris Agreement And Dynamic Federalism, Elizabeth Burleson

Fordham Environmental Law Review

No abstract provided.

Land Shark At The Door? Why And How States Should Regulate Landmen, Ann M. Eisenberg

Fordham Environmental Law Review

No abstract provided.

Trial By Water: Reflections On Superstorm Sandy, Thomas Maligno, Benjamin Rajotte

Fordham Environmental Law Review

No abstract provided.

The Intersection Of Federally Regulated Power Markets And State Energy And Environmental Goals, Julia Sullivan

Fordham Environmental Law Review

No abstract provided.

Alternative Growth: Forsaking The False Economies Of Industrial Agriculture, Jason Foscolo, Michael Zimmerman

Fordham Environmental Law Review

No abstract provided.

Ensuring Equitable Disaster Relief To Homeowners And Business Impacted By Natural Disasters, Christine Fazio

Fordham Environmental Law Review

No abstract provided.

Local Government And The Closing Of The Coast: Parking Bans And The Beach As A Traditional Public Forum, Robert Thompson

Fordham Environmental Law Review

No abstract provided.

Regulatory Capacity And State Environmental Leadership: California's Climate Policy, Ann E. Carlson

Fordham Environmental Law Review

No abstract provided.

Learning To Think About Complex Environmental Systems In Environmental And Natural Resource Law And Legal Scholarship: A Twenty-Year Retrospective

Fordham Environmental Law Review

No abstract provided.

Corporate Energy Responsibility: International And Domestic Perspectives On Supply And Demand In The New Millenium, Steven Ferrey

Fordham Environmental Law Review

No abstract provided.

Stasis And Change In Environmental Law: The Past, Present And Future Of The Fordham Environmental Law Review, Gerald S. Dickinson, Shiela R. Foster

Fordham Environmental Law Review

No abstract provided.

Environmental Justice And Environmental Law, Alice Kaswan

Fordham Environmental Law Review

No abstract provided.

A New Model Of Corporate Social Responsibility In The 21st Century, John D. Feerick

Fordham Environmental Law Review

No abstract provided.

Corporate Responsibility And Climate Justice: A Proposal For A Polluter-Financed Relocation Fund For Federally Recognized Tribes Imperiled By Climate Change, Randall S. Abate

Fordham Environmental Law Review

No abstract provided.

Climate Change, Food Security, And Agrobioversity: Toward A Just, Resilient, And Sustainable Food System, Carmen G. Gonzalez

Fordham Environmental Law Review

No abstract provided.

Sustainable Habitat Restoration: Fish, Farms, And Ecosystem Services, Keith H. Hirokawa [email protected], Charles Gottlieb

Fordham Environmental Law Review

No abstract provided.