Digital Commons Network^™

Biden Administration Will Reverse Many Trump Environmental Policies, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

When Joseph R. Biden, Jr. is inaugurated as the 46^th President of the United States on January 20, he will reverse many of the environmental actions taken by President Donald Trump. Some of this he can and probably will do immediately, possibly on Inauguration Day; other actions will have to go through administrative processes that will take several months, at least. The Trump Administration neither secured nor repealed almost any environmental legislation even while Republicans controlled both the House and the Senate, and little it did in this area is irrevocable.

New York’S New Statute On Siting Renewable Energy Facilities, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

As part of a massive budget bill signed into law by Gov. Andrew Cuomo on April 3, New York has adopted the Accelerated Renewable Energy Growth and Community Benefit Act (AREGCBA). It completely revamps the process under which large-scale renewable energy facilities and associated transmission lines receive state and local approvals.

New York Environmental Legislation In 2019, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

In 2019, with the Democrats newly in full control of the State Senate, the Assembly and the Governor’s office, New York adopted more environmental legislation than it had in more than a decade. This included a sweeping climate change statute, a new environmental justice article in the Environmental Conservation Law, and a statewide ban on plastic carryout bags. This annual survey reports on these developments and numerous other laws targeting environmental concerns.

Climate Reregulation In A Biden Administration, Michael Burger, Daniel J. Metzger, Hillary Aidun, Susan Biniaz

Faculty Scholarship

On January 20, 2017, Inauguration Day, the Sabin Center for Climate Change Law at Columbia Law School launched the Climate Deregulation Tracker, the first of what would become numerous online trackers, news reports, academic analyses, and other resources designed to spotlight the Trump administration’s use and abuse of executive authority to pursue its agenda to cut back on government regulations and to promote the extraction and use of fossil fuels. The Climate Deregulation Tracker has had a relatively narrow purpose: to keep tabs on the Trump administration’s efforts to dismantle the federal government’s climate-related regulations and policies and help inform …

New York Can Lead World In Fighting Climate Change, Michael B. Gerrard

Faculty Scholarship

New York State now has one of the strongest climate change laws in the world, and if we succeed in implementing it, the state will have demonstrated that it is possible to defeat what may be the greatest threat facing humanity.

Covid-19 And First Nations’ Responses, Aimée Craft, Deborah Mcgregor, Jeffery G. Hewitt

Articles & Book Chapters

This chapter considers the federal government’s fettering of jurisdiction through inaction in the areas of clean water and housing. We consider a small sample of First Nations’ responses, taken on the basis of their assertions of jurisdiction and responses to the particular needs and circumstances of their communities. We conclude that First Nations are best positioned to make policy and law in response to COVID-19, and that the federal government can and must work with First Nations communities on resourcing their plans for wellness and emergency preparedness in relation to the pandemic, in accordance with a sui generis application of …

Building A Law-And-Political-Economy Framework: Beyond The Twentieth-Century Synthesis, Jedediah S. Purdy, David Singh Grewal, Amy Kapczynski, K. Sabeel Rahman

Faculty Scholarship

We live in a time of interrelated crises. Economic inequality and precarity, and crises of democracy, climate change, and more raise significant challenges for legal scholarship and thought. “Neoliberal” premises undergird many fields of law and have helped authorize policies and practices that reaffirm the inequities of the current era. In particular, market efficiency, neutrality, and formal equality have rendered key kinds of power invisible, and generated a skepticism of democratic politics. The result of these presumptions is what we call the “Twentieth-Century Synthesis”: a pervasive view of law that encases “the market” from claims of justice and conceals it …

Author Biographical Notes, Mssj Staff

Midwest Social Sciences Journal

No abstract provided.

Are (We) Going Deep Enough?: A Narrative Literature Review Addressing Critical Race Theory, Radical Space Theory, And Black Identity Development, Kala Burrell-Craft

Educational Leadership & Workforce Development Faculty Publications

A narrative literature review was conducted to examine how researchers address the concept of intersectionality using critical race theory, racial space theory, and Black identity development. A Boolean search revealed 18 articles met criteria for consideration. Multiple reviews occurred to isolate the articles that contained all the search criteria and multiple reviews occurred that selected the Boolean phrase or phrases that the researcher was searching for. Thirteen of the 18 articles met one or more search criteria and were included in the review, however, no articles matched 100 percent for inclusion. Thus, indicating we are not going deep enough in …

Developing Engaged Scholars Through Glocal Learning: A Case Study Of The Thailand Global Citizenship And Civic Engagement Initiative, Sornnate Areesophonpichet, Chris R. Glass, Rachawan Wongtrirat

Educational Leadership & Workforce Development Faculty Publications

With the development of Thailand 4.0, it is critical for engaged scholars to address the role of higher education in Thailand’s social and economic development with an understanding of how local histories (local) and economic globalization (global) shape their work. We discuss the Thai context for community engagement, then describe the purpose and learning goals for the Global Citizenship and Civic Engagement (GCCE) initiative, as well as the methodological approach used to assess the initiative’s impact and long-term sustainability. The findings highlight how glocal learning fostered Thai and U.S. graduate students’ valuing local knowledge and linking economic inequality to environmental …

Reconciling Environmental Justice With Climate Change Mitigation: A Case Study Of Nc Swine Cafos, D. Lee Miller, Ryke Longest

Faculty Scholarship

For thirty years, the swine industry has externalized severe environmental and health harms onto poor communities of color in Eastern North Carolina. This “Big Pig” problem is caused by the confinement, consolidation, and concentration of industrial hog operations within the low, flat, and economically marginalized Coastal Plain. Big Pig’s rise was not inevitable. As recently as 1982, more than 11,000 small swine farms freckled nearly all of North Carolina’s 100 counties. Then came the “boom” of consolidation and industrialization that transformed hog production into a highly consolidated and vertically integrated industry.

Protecting Local News Outlets From Fatal Legal Expenses, Nicole J. Ligon

Faculty Scholarship

As lawsuits targeting the press continue to rise in response to today’s political climate, local news outlets are more likely to find themselves facing unexpected legal expenses. Although the national news media can generally weather the costs of libel lawsuits and subpoena requests, smaller news outlets have gone bankrupt or barely escaped such a fate while paying off legal fees, even when these outlets have ultimately been successful in their legal battles. Because local news outlets serve a critical role in underserved communities and are powerful agents of positive social change, they ought to be protected against fatal legal expenses. …

Gmo Corn, Mexico, And Coloniality, Ernesto Hernandez-Lopez

Vanderbilt Journal of Entertainment & Technology Law

Genetically modified ("GMO") corn germinates legal controversies in Mexico. Since 2013, Mexican courts have temporarily suspended GMO corn because it threatens biodiversity. In the Colectividad del Maiz lawsuit, courts have prohibited Mexico from issuing commercial GMO permits while the litigation continues. Companies like Monsanto need these permits to sell GMO seeds. Corn is the most essential food item for millions of Mexicans and is central to Mexican culture. Mexicans wait for Colectividad del Maiz's resolution, siding with biodiversity or GMOs. This Article describes scientific GMO controversies and analyzes biosecurity, class-action, and international environmental law. It argues that this corn fight …

Prevalence Of Restricted Spirometry Within Two Eastern Kentucky Counties A Cross Sectional Study, Quincy Bascombe

Theses and Dissertations--Public Health (M.P.H. & Dr.P.H.)

Objective: This study examines the prevalence of restrictive spirometry in Eastern Kentucky and its association among men and women with various demographic and exposure (occupational and environmental) factors.

Methods: A cross sectional, cluster sample (N = 685) of participants from Letcher and Harlan Counties, aged 21 and over, answered a questionnaire focused on risk factors for respiratory health outcomes including questions on demographic, health, occupational, and environmental exposures variables. Pulmonary function tests were administered to all participants with no significant cardiovascular or cerebrovascular events within the past 30 days. Log-binomial regression was used to calculate prevalence ratios (PRs) …

Between The Devil And The Deep Blue Sea: An Analysis Of The Consequences Of 20th Century American Imperialism And Nuclear Testing Upon The Marshall Islands And Its Inhabitants, Michelle Hahn

CGU Theses & Dissertations

This thesis could not have been accomplished without the support of my family, friends, and peers who have cheered me on the entire way throughout my tenure as a master’s student at Claremont Graduate University (CGU). I would especially like to thank my mother who has had the patience of a saint throughout this journey. At my lowest moments, she reminded me of my strengths as a scholar and encouraged me to keep going, even when I thought this thesis would fall apart. I love you very much, thank you for always being my cheerleader. This project has undergone several …

Rethinking Livability In Megacities: Applications Of Jane Jacobs’ Theories On Tokyo And Los Angeles, Kirara Tsutsui

Pomona Senior Theses

This senior thesis in Environmental Analysis compares critical infrastructure pieces in Tokyo and Los Angeles, on three discrete levels, with a particular focus on the pedestrian experience. As global population grows, with more people projected to live in urban cities more than ever, it is critical that we re-evaluate how we think about and “do” city-planning. Following Jane Jacobs’ theoretical framework, this thesis dissects what urban greenspaces, city neighborhoods, and sidewalks look like in LA and Tokyo. It analyzes, for each proxy, how two of the world’s most “developed” and largest cities have developed into the current landscape. Historical, cultural, …

"May We Be Buried Alive Together": Towards An Intersectional Feminist True Crime Praxis, Alexandra White

Pomona Senior Theses

Most mainstream true crime narratives revolve around a corpse. It is usually the body of a woman. The body is most often white. Not always, but in the cultural imaginary, she is blonde. She comes from a good family. She was a sweet girl. What happened to her? While this question haunts the general public, it also animates true crime communities as the victim becomes a symbol of innocence, a site of spectacular violence, and evidence of the incomprehensible extreme of human behavior. The question brings (primarily) white, cis women true crime fans together in the name of fascination, fear, …

Contaminants Of Emerging Concern: Reconsidering Our Paradigm Of Water Pollution, Jonathan Gunasti

Pomona Senior Theses

In this senior thesis, I explore contaminants of emerging concern (CECs) and endocrine disrupting compounds (EDCs) and discuss the ways in which these novel contaminants defy traditional notions of pollution. I discuss the history and “emergence” of CECs and EDCs in scientific and public spheres and outline ongoing challenges to recognizing, prioritizing, and understanding the action of these contaminants. I position EDCs within the framework of environmental injustice and health disparities and suggest that these compounds could reinforce multigenerational health inequities. Finally, I perform a pilot analysis of the EDC bisphenol A (BPA) in Mt. Baldy Creek, the Los Angeles …

Environment In Crisis: Seeking An Afrofuturist Perspective, Simone Wolynski

Pitzer Senior Theses

This research examines the relationship between environmental oppression and racial injustice, speculating about the need for a paradigmatic shift to better promote an intersectional justice movement. Through a presentation of literature that confronts failing environmentalism, I argue that the framework propels social injustices through its elitism and exclusivity. Current environmentalism hinders sustainable change and further contributes to prolonged inaction in socially targeted communities. Using East St. Louis as a case study on cyclic environmental and racial injustice, I present a long-term historical landscape of the city. Industrial overuse and political negligence cement the predominately Black residents in poverty and pollution. …

Rights, Water, And Guardians: How Rights Of Nature Movements Are Reshaping Our Current Environmental Ethics And What These Policies Need To Be Successful, Megan Schmiesing

Pitzer Senior Theses

Giving legal rights to nature is no longer a fringe idea in international environmental law. Rights of Nature movements have gained traction in countries around the world, including Ecuador, Australia, India, Aotearoa New Zealand, and the United States. The act of organizing to recognize legal rights and legal personhood for nature represents a philosophical, moral, and political shift from previous anthropocentric values. Through two case studies in Aotearoa New Zealand and the United States, this thesis examines the policy language and the context and history that led to their creation. The Te Awa Tupua (Whanganui River Claims Settlement) Act and …

Urban Renewal Or Urban Legend? Re-Historicizing Human-River Relationships Disrupted By Displacement Before And Now In Los Angeles, Jamie Sophia Helberg

Pitzer Senior Theses

This thesis speaks to how historical and on-going colonization of the river has consistently traumatized the relationship disadvantaged communities have had with the Los Angeles River. By historicizing those relationships, I argue that current use of human-centered market-based strategies to revitalize the river only furthers serial displacement of disadvantaged communities and will not adequately achieve sustainability. Using Frogtown as a case study, I also explore methods of resiliency to “green gentrification," an agent of neocolonialism along the river. In studying the placemaking practices implemented in Frogtown, I problematize notions of gentrification as “natural” and "necessary" for river revitalization. Elements of …

A Social Work Education Grounded In Human Rights, Lanelle E. Quzack, Grace Picard, Stacie M. Metz, Christina M. Chiarelli-Helminiak

Social Work (Graduate) Faculty Publications

In response to a mandate to advance human rights through social work education, this article focuses on the curricular redesign and program evaluation of one MSW Program. The program’s specialization focused on advanced social work practice with individuals, families, and communities grounded in social justice and human rights. A pre-experimental one-group posttest-only program evaluation design was implemented. Multiple assessment instruments were used to measure human rights exposure in social work education, as well as a human rights lens and engagement in social work practice among 93 graduating MSW students from a public university with suburban and urban campus locations. How …

Rural Spaces, Communities Of Color, And The Progressive Prosecutor, Maybell Romero

Journal of Criminal Law and Criminology

The concept of the progressive prosecutor has captured the attention of many newspapers, media outlets, district attorney candidates, legal scholars, and the public at large. Many with sincere interests in reforming the criminal legal system have excitedly traced the success of candidates styling themselves as progressive prosecutors.

Although located throughout the country, these progressive prosecutors share a geographic commonality—they generally hail from large cities or urban metroplexes. Examples include Wesley Bell in St. Louis, Rachael Rollins in Boston, Larry Krasner in Philadelphia, and Kim Foxx in Chicago. Meanwhile, in the rural reaches of the country, disproportionate contact between police and …

Out To Save The World: The Intersection Of Animal Welfare Law, Environmental Law, And Respect For Fragile Ecosystems, Stacey L. Gordon

Faculty Law Review Articles

Of all the living things on earth, humans have the unique ability to destroy all life. Paradoxically, even though our lives will ultimately be destroyed too, we also seem to have the inability to stop the destruction, or at least alack of will to stop it. As the daily litany of new destructions² piles up and both the pace and the quantity increase, each loss is buried in the pile beneath humanity’s other problems. When humans start prioritizing, the living environment—both flora and fauna—is often neglected, and sometimes purposely harmed.³ Even nonliving elements of nature are harmed. In …

Climate Change, Race, And Migration, Carmen G. Gonzalez

Faculty Publications & Other Works

This article examines the relationship among climate change, racial subordination, and the capitalist world economy through the framework of racial capitalism. It argues that climate change is a logical consequence of an economic system based on extraction, accumulation through dispossession, and white supremacy. Climate change imposes disproportionate burdens on racialized communities all over the world, many of whom will be expelled from their homes in record numbers as the climate emergency intensifies. International law has been deeply complicit in the project of racial capitalism and is now being deployed to address climate change-induced displacement. This article evaluates the emerging legal …

Migration As Reparation: Climate Change And The Disruption Of Borders, Carmen G. Gonzalez

Faculty Publications & Other Works

This article examines the legal and moral basis for migration as a form of reparation for the harms inflicted on the states and peoples of the Global South through climate change and through centuries of predatory economic policies. Using Central American migration to the United States as a case study, the article explains that susceptibility to climate change is a function of two variables: exposure and social and economic vulnerability. High-emitting affluent states are disproportionately responsible for Central America’s exposure to climate change due to their historic and current greenhouse gas emissions, their unwillingness to curb these emissions, and their …

Freakish Taxonomies: How The American Freak Show And Its Literature Redefine The Archive, Megan E. Pillow

Theses and Dissertations--English

The American freak show, which dominated the entertainment landscape from 1840 to 1940, is considered by some disability studies scholars to be off limits for critical engagement. In Freakish Taxonomies: How the American Freak Show and its Literature Redefine the Archive, I argue that by casting the freak show solely as an exploitative institution, we overlook its capacity to serve as a model for reinterpreting the relationship between literary studies and the archive. By recognizing the freak show not just as an exploitative institution but also as a dynamic archive of marginalized lives—one that utilizes an imperfect, often deceptive …

Curious Natures: Constructing Queer Ecologies In Early America, Richard Lee Parmer Jr.

Theses and Dissertations--English

This dissertation argues that early American writers often constructed queer ecologies in order to naturalize Anglo-American civilization and justify its expansion into Native American territories. Since there is so little textual evidence on the subject, the major challenge to studying sexuality in early America is approaching sexuality studies creatively—to broaden both our understanding of what counts as sexual discourse and our frameworks for analyzing it. My dissertation addresses this challenge through what many ecocritical scholars of sexuality call queer ecology. In their groundbreaking anthology on the topic, Catriona Mortimer-Sandilands and Bruce Erikson remind us that, historically and in the present, …

Three Essays On Trade, Environment, And Health, Sookti Chaudhary

Theses and Dissertations--Economics

My dissertation consists of three essays on trade, environment and health. The first essay empirically evaluates domestic facilities' environmental response to Chinese import competition in the United States (US) manufacturing sector from 2000 to 2010. Using facility-level data on chemical emissions and employing an instrumental variables approach, the paper finds that industry/regional exposure to increased import competition had very little impact on the environmental decisions of domestic facilities.

The second essay empirically explores a possible link between the environmental justice efforts during the Obama administration and the change in environmental inequity by examining the change in US facilities' underlying environmental …

Reevaluating Environmental Citizen Suits In Theory And Practice, David E. Adelman, Robert L. Glicksman

University of Colorado Law Review

Citizen suits are frequently cited as an essential legal innovation by virtue of their capacity to provide a backstop to lax or ideologically antagonistic administrations. Drawing on data from fifteen years of litigation under two prominent environmental statutes, we find little evidence that citizen suits effectively serve this role in practice. Instead, we find that limited resources and institutional barriers strictly limit the number of citizen suits filed annually against the federal government under two of the most litigated environmental statutes, the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). While our findings do not negate the …