Digital Commons Network^™

Thirsty For A Solution: Using The Rural Electrification Administration Model To Resolve The Failure Of Privatization Of Water Utilities In Bolivia, Michael Nichola

Florida A & M University Law Review

No abstract provided.

A Fresher Law: Amending The Florida Right To Farm Act To Include Urban Micro Farming As A Key Initiative To Promote Sustainability, Food Access, And Environmental Justice For Low-Income Communities, Cameryn Rivera

Florida A & M University Law Review

No abstract provided.

Table Of Contents

Florida A & M University 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

Journal Publications

Climate change threatens to displace as many as 200 million people internally and across national borders by the middle of the twenty-first century. Indigenous peoples are among the most vulnerable to these changes. With the loss of their village rapidly approaching, the residents of the Native Village of Kivalina are captives in their homeland bracing for disaster because they do not have the millions of dollars needed to relocate and there is no government fund or process in place to provide them with adequate assistance.

Part I of this article describes the factual context of the Kivalina litigation and how …

The Brave Heart Society: An Oral History Of An Indigenous Women's Society, Brook Spotted Eagle

Graduate Student Theses, Dissertations, & Professional Papers

This study examines the Brave Heart Society and the ways in which Brave Heart women collectively approaches trauma-healing outside of the programmatic structures of federally funded tribal systems. National statistics speak to the contemporary struggles impacting most US Indigenous populations in the present-day. Such struggles are residual symptoms rooted in a long history of domination and US imperialism. These data indicate that most tribes have not fully recovered from federally imposed systems of deprivation. Within the context of the Ihanktonwan Dakota community in southeastern South Dakota, the nuanced ways in which trauma impedes development and community wellness is both realized …

Introduction: Celebrating And Advancing Magisterial Teaching On The Climate Crisis, Jame Schaefer

Theology Faculty Research and Publications

No abstract provided.

Knowledge, Attitudes And Practices Of Environmental Justice In Higher Education, Marjorie M. Nussbaum

College of Graduate Studies: Theses & Dissertations

Research suggests that issues of environmental justice are not being routinely included in the curriculum of the K-12 classroom and that teachers in those grades do not feel prepared to teach it. Likewise, little has been written about the addition of these topics to higher education coursework, leaving the question of inclusion at this level of education as well. This apparent lacuna may point to at least one reason why K-12 teachers are neither knowledgeable about environmental justice nor prepared to teach it. To discover the current state of inclusion in higher education, a mixed methods study was conducted to …

Commonality Among Unique Indigenous Communities: An Introduction To Climate Change And Its Impacts On Indigenous Peoples, Randall S. Abate

Journal Publications

This special Issue of the Tulane Environmental Law Journal explores how climate change affects the rights of indigenous peoples. Climate change is a global environmental problem caused by greenhouse gas emissions. Indigenous peoples generally contribute very limited quantities of greenhouse gases to the global atmosphere. Although the causes of climate change are global, the adverse impacts of this problem are disproportionately burdening indigenous peoples.

In recognition of the growing global problem of climate change, legal strategies to address climate change through mitigation and adaptation have been undertaken. This Issue recognizes that indigenous peoples are particularly vulnerable to climate change, both …

The Sjsu Ecological Footprint Challenge And Its Impacts On Pro-Environmental Behavior, Matthew Eugene Lambert

Master's Theses

Estimates suggest that humanity requires one-and-a-half Earths to sustainably provide the resources demanded. Observed consequences of this are rising atmospheric carbon, loss of arable land, fishery collapse, drinking water scarcity, and irreparable degradation to the Earth's ecosystems. The ecological footprint is a tool that calculates the amount of land needed to support a population or an individual's level of resource use. The action of calculating an individual's footprint has been shown to improve knowledge about environmental issues, change attitudes about natural resources, and increase understanding about the connection between one's actions and the environment.

This research examined the impacts of …

Climate Change Mitigation With Renewable Biomass: Shifting Legal Incentives Away From Electricity And Towards Cogeneration, Sarah M. Hayter

MC Law Review

No abstract provided.

Do Good To Get Barred: The New Empire State Pro Bono Requirement’S Potential Impact On Environmental Law Practitioners, Kim Diana Connolly

Other Scholarship

No abstract provided.

The Spillikin (Vol. 30), Valparaiso University

The Spillikin - The Christ College Newsletter

No abstract provided.

City On The “River Of Awe”: An Historical & Observational Study Of Missoula’S Urban River Greenway, Sandra Burch

Undergraduate Theses, Professional Papers, and Capstone Artifacts

Urban river greenways have the potential to serve as landscapes of civic environmentalism in the American West. Missoula’s urban river corridor is such a landscape. This study seeks to assess the history of Missoula’s urban river corridor, and the degree to which the city’s current urban river greenway meets social and environmental goals. The urban river greenway in Missoula is a successful social undertaking, and its history shows a positive change in the treatment of the river as a healthy landscape feature. In order to explore this concept, historical data was gathered on Missoula’s past relationship to the river, and …

The Use And Availability Of Environmental Activism Collections In Academic Archives, Amy F. Stempler

Publications and Research

This study seeks to reveal the current state of environmental research in academic special collections and archives, with an emphasis on materials associated with environmental activism. The use and availability of archival environmental activism collections were assessed in a two-fold process. The use of such collections was evaluated through a citation analysis of related research articles published in Environmental History, the premier scholarly journal in the field of environmental history. The citation analysis reviewed the prevalence of archival collections sourced, and examined citations by repository type and material type in order to gain insight into the kinds of items used …

Green Harms Of Green Projects, John Copeland Nagle

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

An Empirical Assessment Of Corporate Environmental Crime-Control Stragies, Michael P. Vandenbergh, Sally S. Simpson, Carole Gibbs, Melissa Rorie, Lee Ann Slocum, Mark A. Cohen

Vanderbilt Law School Faculty Publications

Corporate illegality is often attributed to greed by corporate managers and insufficient legal safeguards. Underlying this argument is an explicit critique of corporate crime regulatory systems. Yet there is little systematic investigation of the relative merits of different types or components of crime-control strategies; research comparing more punitive command-and- control strategies with self-regulatory approaches is particularly lacking. In this Article, we assess these crime prevention-and-control mechanisms in the context of individual and situational risk factors that may increase the likelihood of illegal behavior in the environmental arena. We use data drawn from two groups of business managers who participated in …

Settler Colonialism And Reclamation: Where American Indian Law And Natural Resources Law Meet, Sarah Krakoff

Publications

Three hours west of Phoenix, Arizona, the Colorado River Indian Tribes (“CRIT”), a federally recognized tribe that includes over 3,700 enrolled members of Mohave, Chemehuevi, Navajo, and Hopi descent, occupies a reservation nearly 300,000 acres in size. The CRIT was one of five tribes to have its water rights confirmed in the landmark case of Arizona v. California, and therefore has senior rights to 719,248 acre-feet of Colorado River water, nearly one-third of Arizona’s allocation. How the CRIT came to be a single federally recognized tribe composed of members from four indigenous peoples located on lands that were a fraction …

Rethinking Sustainability To Meet The Climate Change Challenge, Sarah Krakoff

Publications

A group of environmental law professors formed the Environmental Law Collaborative with the goal of engaging environmental law scholars in the thorny issues of the day. The members of the Collaborative gathered in the summer of 2012 to produce an intensive and collective assessment of sustainability in the age of climate change. Their writings examine the process of adapting the principles and application of sustainability to the demands of climate change, including framing the term sustainability in climate change discussions; coordinating sustainable practices across disciplines such as law, economics, ethics, and the hard sciences; and conceptualizing the role of sustainability …

Conference Transcript: Heeding Frickey's Call: Doing Justice In Indian Country

American Indian Law Review

No abstract provided.

The Moral Layers Of Fracking: From Basic Rights And Obligations To Human Flourishing, Angela L. Hotaling

Graduate Student Theses, Dissertations, & Professional Papers

As it is currently being discussed, hydraulic fracturing or “fracking” is the unconventional method of drilling and extracting oil and natural gas. Fracking starts at the earth’s surface where the technology is created and the sites are constructed. The process continues downward: drills pierce thousands of feet vertically and then horizontally underground. Then, millions of gallons of water mixed with sand and chemicals (referred to as “fracking fluid” or “slick water”) are pumped at high pressure through the pipe so as to fracture shale deposits and release gas or oil. Whether to allow fracking and its associated industrial activity is …

The Sweet Grass Hills And Blackfeet Indians: Sacredness, Land, And Institutional Discrimination, Cassie Sheets

Graduate Student Theses, Dissertations, & Professional Papers

The Sweet Grass Hills of north-central Montana are part of the four Tribes of the Blackfoot Confederacy’s traditional territory and play a vital role in perpetuating Blackfeet culture. The Blackfeet Tribe of Montana was forced to sell the Sweet Grass Hills to the federal government in 1888 after the decimation of bison populations. In 1992, the first large-scale corporate mining proposal in the Sweet Grass Hills was proposed by Lehmann and Associates and Manhattan Mineral, Ltd. In response to public outcries, environmental impact statements were issued by the Bureau of Land Management, the agency that manages the area, and Secretary …

Functional Government In 3-D, Robert L. Glicksman, Alejandro E. Camacho

GW Law Faculty Publications & Other Works

The creation of new administrative agencies and the realignment of existing governmental authority are commonplace and high-stakes events, as illustrated by the recent creation of the Department of Homeland Security after 9/11 and of new financial regulatory agencies after the global recession of 2009. Scholars and policymakers have not devoted sufficient attention to this subject, failing to clearly identify the different dimensions along which government authority may be structured or to consider the relationships among them. Analysis of these institutional design issues typically also gives short shrift to whether authority should be allocated differently based on agency function. These failures …

Competition Agencies With Complex Policy Portfolios: Divide Or Conquer?, William E. Kovacic, David A. Hyman

GW Law Faculty Publications & Other Works

Antitrust law has been adopted by 120 jurisdictions worldwide. In more than half of these jurisdictions, the agency charged with enforcing antitrust law also has other responsibilities. The assignment of multiple regulatory tasks can affect the performance of a competition agency in complex and subtle ways. We present a framework for analyzing the consequences of creating public bodies with complex policy portfolios. Using examples from across the administrative state, we analyze the forces that shape the content of an agency’s policy duties, and how the portfolio of assigned duties affects the way an agency approaches its assigned tasks, and its …

From Dirty To Green: Increasing Energy Efficiency And Renewable Energy In Environmental Justice Communities, Deborah Behles

Villanova Law Review (1956 - )

No abstract provided.

The Chicana Experience In Indonesia: An Autoethnography And Dialogic Performance Evaluating The Influence Of Cultural Identity And Gender, Bianca Ramirez

Open Access Theses & Dissertations

This study seeks to evaluate how aspects of cultural identity, gender and religion play a role on a Chicana's (mestiza's) experience of studying abroad internationally through an Indonesian conservation program. The experience of traveling to Indonesia, engaging in cross-cultural dialogue, and experiencing adversities prohibiting multiculturalism, influences the ability of the Chicana/o ethnographer to examine cross-cultural parallels in dialect and behavior. I also analyzed the rhetoric contained within the dialogic performances of the mestiza ethnographer's documented experiences. Lastly, the intersections of cultural identity, gender, and class were evaluated to determine their influence on the mestiza ethnographer's ability to successfully engage in …

Assessing The Equity Implications Of Greenspace Distribution In An Arid Region, Abdelatif Eldeb

Open Access Theses & Dissertations

In the last few decades, vegetation deterioration is receiving increased attention because of its adverse impacts on societal and human health, environmental sustainability, and quality of life. I have selected two cities in Chihuahua Desert region (El Paso and Juarez) as case study sites to develop a novel and applicable methodology for integrating remotely sensed data of different spectral and spatial resolutions into an analysis of the spatial distribution of an urban amenity. The primary objective of this research is to determine if the spatial distribution of greenspace in 2010 is equitable with respect to socio-demographics in El Paso and …

Mental Health In A Colonia, Guadalupe Marquez-Velarde

Open Access Theses & Dissertations

Mental health outcomes in colonias are the main focus of this thesis. They were examined in the colonia of Westway, which is an unplanned settlement in El Paso County with high poverty rates and adjacent to the Interstate highway, a steel plant and other polluting industries with a 97.3% Hispanic population (U.S. Census Bureau, 2010 Census). Data were collected through a door-to-door social survey in order to achieve three research objectives. In the first objective, I compared the prevalence of mental health outcomes in Westway and El Paso and found that the colonia residents do have significantly higher rates of …

Expedited Approval Of Energy Projects: Toward Assessing The Forms Of Procedural Relief, Michael B. Gerrard

Faculty Scholarship

If we are to prevent the worst effects of climate change, a major shift in the world’s energy systems will be needed, including the construction of a massive number of clean energy facilities. Under one well-known scenario, this will require — along with many other actions — the construction of 230 wind farms the size of the proposed Cape Wind project in Nantucket Sound; 1,000 large solar generating facilities of about ten square miles each; 1,400 natural gas-fired electric generating stations; 800 carbon capture and sequestration systems at coal-fired power plants; and 850 new nuclear power plants.

The Cape Wind …

What Does Environmental Justice Mean In An Era Of Global Climate Change?, Michael B. Gerrard

Faculty Scholarship

The 1990s saw the emergence of the issue of environmental justice – the disproportionate exposure of low-income and minority communities to environmental hazards - into the U.S. political sphere. The 2000s saw the emergence of global climate change as a political concern. Neither has led to significant legislation at the federal level, and thus old laws designed for different purposes are being utilized with decidedly mixed results.

This article addresses the confluence of environmental justice and global climate change. The two interact in complex ways, as do the approaches to dealing with them both.

The magnitude of the climate challenge …

The World Is Not Yet Completed: Moral Imaginaries And Everyday Politics In Progressive Religious Communities, Todd Nicholas Fuist

Dissertations

How religion shapes political and civic engagement has been a consistently fruitful question for American social theorists. Religion has often been understood as providing the moral underpinnings of civil society, traditionally in ways that promote cohesion or preserve the status quo. Despite this, there has been a long tradition of progressive religious engagement in American civic and political life, including the abolitionist movement, civil rights movement, and anti-nuclear movement. Through an ethnographic examination of six politically progressive religious communities, including two communes and four congregations, I examine how religion is put towards progressive ends. Through this, I develop the concept …