Digital Commons Network^™

Not Approved For Human Consumption: A Study Of The Denmark Water Crisis, A Call For Reforming The Swda, And A Demand For Community Lawyering In Rural America, Matthew Woodward

William & Mary Environmental Law and Policy Review

Over the past four decades, nine million Americans have ingested dangerous drinking water from a trusted source: their own taps. Each year, “an estimated 16.4 million cases of acute gastroenteritis” are linked to public drinking water. For many Americans, drinking water—perhaps the most important cornerstone of human health—has become cause for concern.

In Flint, Michigan, this concern turned to panic. In 2014, after toddlers began developing painful skin conditions, children fell seriously ill, and tap water emerged in the form of thick, orange-brown sludge, the people of Flint began to wonder: is there something in the water? What soon became …

Resilience Justice And Community-Based Green And Blue Infrastructure, Craig Anthony Arnold, Resilience Justice Project Researchers

William & Mary Environmental Law and Policy Review

The environmental conditions of marginalized communities, particularly low-income communities of color, make those communities disproportionately more vulnerable to major disturbances and changes, such as climate change, health crises, pollution releases, disasters, economic shocks, and social and political upheaval. Many of the most important movements for justice with respect to environmental conditions, including environmental justice, disaster justice, and climate justice, are connected to broader movements for racial and social justice, asserting that Black and Brown lives matter. These movements seek to confront, dismantle, and reform systems of racism, colonialism, and structural inequality.

In particular, low-income communities of color have inequitably less …

Foreword: Sustainability In The City, Julia D. Mahoney

William & Mary Environmental Law and Policy Review

“Nature loves to hide,” observed ancient Greek philosopher Heraclitus roughly 2,500 years ago, and the worldwide “COVID-19” pandemic that followed the emergence of the novel coronavirus SARS-CoV-2 at the end of 2019 has served as a bracing reminder of humanity’s incomplete understanding of the natural world. The COVID-19 crisis has turned out to be more than a public health emergency rooted in natural causes, for the pandemic has revealed significant weaknesses in humancreated institutions, including those that govern and influence the urban areas in which most Americans now live.

Of course, with crisis comes opportunity, and it seems highly plausible …

Holding Polluters Accountable In Times Of Climate And Covid Risk: The Problems With “Emergency” Enforcement Waivers, Victor B. Flatt

San Diego Journal of Climate & Energy Law

One of the first actions of the Environmental Protection Agency after the declaration of the COVID-19 crisis in mid-March 2020 was to announce that it would relax its enforcement policies with respect to environmental reporting and violations during the time of the pandemic. Ostensibly this was to ensure that regulated entities were not penalized by their inability to have inspectors on the front lines to ensure that substantive permit and monitoring requirements were followed. Taking their lead from the EPA, many states announced that they were following suit.

EPA always has discretion in terms of enforcement, but in making a …

From Covid-19 To Climate Change: Disaster & Inequality At The Crossroads, Cinnamon P. Carlarne

San Diego Journal of Climate & Energy Law

This essay explores how the unfolding COVID-19 pandemic exposes and exacerbates structural inequalities in ways that are both obvious and alarming. It suggests that, even as the pandemic worsens inequality it forces us to confront it, and to see how the impacts of climate change will ripple unevenly across existing pathways of disparity.

The essay begins by examining how the COVID-19 pandemic is spotlighting and intensifying inequality and suggests that the vivid harms of the pandemic compel us to do more and do better to address structural inequality. The essay then provides an account of how climate change interacts with …

The World After Teitiota: What The Hrc Decision Means For The Future Of Climate Migration, Lucia Rose

San Diego Journal of Climate & Energy Law

The effects of global climate change is forecasted to cause millions of people to leave their homes and home countries over the next century. Until this point, the current legal framework for determining the fate and protection of people feeling their homes due to emergency was rooted in the United Nations (“UN”) Refugee Convention of 1951 and has been read to exclude those whose primary reason for migration is the effects or threat of climate change. However, the UN Human Rights Committee’s (HRC) January 2020 decision regarding Ioane Teitiota’s deportation to his home nation of the Republic of Kiribati suggests …

From Glass Ceiling To Green Canopy: An Intersectional Model Of Feminist Sustainability In Fondes Amandes, Trinidad, Rachel Mulroy

Journal of International Women's Studies

The Fondes Amandes Community Reforestation Project is a sustainable model of agro-forestry that emerged contemporaneously with the more globally familiar Permaculture Design. Although the FACRP model has been recognized for their contributions to the Caribbean region and worldwide sustainability and environmental movements, they are not well known in the global North and West. Akilah and Kemba Jaramogi stress the importance of grassroots involvement as critical to adaptation and mitigation in combating climate impacts. However, there is a lack of acknowledgement and reciprocity within the movement that is linked to broader discourses on race, gender, and geography. The influence of these …

A Community Of Fear: Emotion And The Hydro-Social Cycle In East Porterville, Michael Egge

Geography Masters Research Papers

Broader governance challenges driving water insecurity globally are well documented in the literature, however the power-laden relationships and emotions that shape water access at the household and community levels are yet to be fully investigated, especially in the context of water consolidation projects. In this article, we examine the role of emotions in mediating access to water and in the production of resource struggles among marginalized communities existing outside of conventional regulatory frameworks. We bring together two relational approaches – the hydro-social cycle and emotional political ecology – to examine water insecurity and how it manifests in the historically disadvantaged …

Higher Ground: Rev. Dr. William Barber Ii And The Political Content Of Prophetic Form, Braxton D. Shelley

Yale Journal of Music & Religion

This essay argues that Rev. Dr. William J. Barber’s message on “Higher Ground,” a speech delivered at a massive 2014 protest rally, reveals his intentional problematization of distinctions between the sacred and the secular. As Barber’s articulation of what Ashon Crawley calls “Blackpentecostal breath” spill over the boundaries posited by conventional categories—they are too ecstatic to be ordinary speeches, and too political to be traditional sermons—these plural expressions identify themselves as sounds that come from another world. If both content and form are understood as thought, it becomes apparent that these prophetic utterances critique the oppression wrought by contemporary social …

Book Review: Water Politics: Governance, Justice, And The Right To Water Edited By Farhana Sultana And Alex Loftus, Naimah Talib

Forest and Society

No abstract provided.

Tree Speech: An Analysis Of Discourses On Permanent Reserved Forests In Malaysian Debates Since 1959, Alia Azmi, Rhosanna Jenkins

Forest and Society

As a country that once relied heavily on the forestry industry, Malaysia is slowly trying to change their economic dependence to a more sustainable resource, however, the continued reliance on forest resources is creating a conflict between protection as well as development of the forest reserves. To better understand the conflict that exists within the debates among the political elites in Malaysia, this paper examines the speeches on permanent reserved forests by decision makers in the Malaysian Parliamentary debates. These parliamentary debates (n = 229) were analysed using content analysis where three major themes in PRFs were identified: (1) industry …

Symbolic Consultation And Cultural Simplification In The Establishment Of An Indonesian National Park And Its Impacts On Local Livelihoods, Mei Meilani, Wahyu Andayani, Lies Rahayu Wijayanti Faida, Fitria Dewi Susanti, Rodd Myers, Ahmad Maryudi

Forest and Society

This paper analyzes the processes by which the Sebangau National Park in Central Kalimantan (Indonesia) was established, along with the management activities implemented and the impacts of such activities on local communities. Employing an environmental justice lens, which revolved around procedural, recognition, and distribution issues, we found that local communities were not adequately consulted or involved in the establishment and management of the national park. Furthermore, approaches to mitigate the adverse impacts failed to fully consider the diverse cultures and customs with different livelihood strategies surrounding the park. The research also found that the options made available for local livelihoods …

Allergy And Anaphylaxis From The Prehospital Perspective, Anthony E. Conrardy

Dissertations and Theses

Anaphylaxis is considered a severe, potentially fatal, systemic allergic reaction that occurs suddenly after contact with an allergy causing substance. It is estimated that up to 5% of the population has experienced anaphylaxis, with 1% of hospitalizations and 0.1% of emergency department patients having fatal outcomes. We characterized the population of patients encountered by the EMS agency (786 patients) that had a provider impression of “allergic reaction” and then utilized logistic regression models to estimate associations with the administration of epinephrine in the prehospital setting. Additionally, we used incident location data for all patient encounters of the EMS agency …

Replacement Of The Transfer Act: The Impact Of Connecticut's Effort To Expedite Contaminated Site Remediation, Avery Bikerman

Honors Scholar Theses

The scope of this thesis is to analyze the legal framework established by House Bill 7001 and Public Act 20-9, which revise provisions of the CT Transfer Act, and establish a release-based reporting program which will be administered upon the sunset of the original act. While any release that occurred prior to the Release Based Remediation Program adoption (regardless of discovery date) is still regulated by the original Transfer Act, any release that occurs subsequent to the adoption of the new program will be regulated by the Release Based Remediation Program. This study investigates the scope of the new release-reporting …

Girlhood In The Great Outdoors, Maria Gregg

Silicon Valley Sociological Review

Women have historically been socialized to interact with the environment as caretakers or consumers, which has contrasted with men's role as an environmental conqueror. These roles have had an enduring effect on how girls have interacted with their identities and the available avenues for environmental activism. This paper investigates how those roles have manifested in two case studies: the Girl Scouts and VSCO girls. The Girl Scouts have historically focused on environmental service projects and teaching girls outdoors skills, and it uses cookie sales to fund these endeavors. VSCO girls embody an outdoorsy and sustainabilityinspired aesthetic and purport to "save …

Wrack Lines Volume 21, Number 1, Born Out Of Crises: Responses, Research And Reflections On A Better Future, Lynn Bonner, Robert J. Klee, Robert Pomeroy, Judy A. Benson

Wrack Lines

Articles in this issue explore various actions taken in response to different crises: lessons about the environment from the COVID-19 pandemic; how seafood sellers in the CT and Southeast Asia responded to the challenges of the pandemic; how the challenges of rising seas and developed coasts are being dealt with through managed retreat, buyouts and other actions in NC and CT; and research on the long-term effects of the Deepwater Horizon oil spill on dolphins led by CTSG Director Sylvain De Guise.

Urban Permaculture For Climate-Resilient Farming In Worcester, Massachusetts, Priyanka Shrestha

Sustainability and Social Justice

Climate changes observed over the past several decades are associated with changes in the multiple components of hydrological systems, including changes in precipitation patterns, higher rates of evaporation and increasing soil erosion. In 2019, the city of Worcester declared a climate emergency, stating that climate change threatens the community’s environment. Permaculture can strengthen crucial relationships between nature and human beings, offering long-lasting solutions to protect our planet from risks associated with climate change. This paper focuses on the application of permaculture practices in urban agriculture, including techniques to address changes in hydrological systems. Use of perennial plants, creating swales, drip …

Law, Lawyers And Sustainable Development: Reflections Of A Fellow Traveler, Muna B. Ndulo

Southern African Journal of Policy and Development

At the national level, the rule of law is necessary to create an environment for providing sustainable livelihoods and eradicating poverty. Poverty often stems from disempowerment, exclusion and discrimination. The rule of law fosters development through strengthening the voices of individuals and communities, by providing access to justice, ensuring due process and establishing remedies for the violation of rights. Security of livelihoods, shelter, tenure and contracts can enable and empower the poor to defend themselves against violations of their rights. Legal empowerment goes beyond the provision of legal remedies and supports better economic opportunities. In order for the rule of …

Building Empathy At The Intersection Of Art, Nature, & Culture: A Field Guide For Art Educators, Jasmine Gutbrod

Masters Theses

This thesis is an offering for those compelled to use art and design learning as a way to strengthen the resiliency of our collective cultures. By integrating intersectional place-based pedagogy into art and design learning, art educators can resist the idea that humans exist on a hierarchy with each other and other species. A deeper understanding of place can build empathy for both nature and culture, and can help educators imagine alternative classroom models that focus on building empathy within a learning environment. The importance of place is examined through a literature review, contemporary artist analysis, case studies, and interviews …

Environmental Law Disrupted By Covid-19, Katrina Fischer Kuh, Lissa Griffin, Rebecca Bratspies, Vanessa Casado Perez, Robin Kundis Craig, Keith Hirokawa, Sarah Krakoff, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J.B. Ruhl, Erin Ryan, David Takacs

Elisabeth Haub School of Law Faculty Publications

For over a year, the COVID-19 pandemic and concerns about systemic racial injustice have highlighted the conflicts and opportunities currently faced by environmental law. Scientists uniformly predict that environmental degradation, notably climate change, will cause a rise in diseases, disproportionate suffering among communities already facing discrimination, and significant economic losses. In this Article, members of the Environmental Law Collaborative examine the legal system’s responses to these crises, with the goal of framing opportunities to reimagine environmental law. The Article is excerpted from their book Environmental Law, Disrupted, to be published by ELI Press later this year.

Blacow Road Improvement Plan, Nishita Kandikuppa

City and Regional Planning

Providing safe and accessible entrances to schools, especially elementary, middle, and high schools where children are below the age of 18, should be of utmost priority to cities. Providing wide sidewalks, painted bicycle lanes and continental crosswalks (with the lateral lines) are just basic infrastructure improvements that can be made within the vicinity of a school. However, due to lack of funding or attention from the city departments, many school entryways are being neglected and the direct impact of this is increased collisions among students, drivers, and bicyclists. My senior project studied one such school in Fremont, California where the …

Walnut Overcrossing: Bridging A Gap In San Luis Obispo's Active Transportation Network, Chris Murphy

City and Regional Planning

Highways in the United states were designed to connect us; however, they ultimately created a loss of connectivity within communities. Physical and socioeconomic segregation are a staple among American cities due to the greed of the automobile industry beginning in the 1920’s (Klein, 1996) and racially fueled highway engineering of the 1950’s (Mohl 2002). Public space doesn’t require a key, and in a truly democratic society, these areas are inclusive to all (Deutsche 1992), however, there are still holes in connectivity, spurring automobile dependency, siloed neighborhoods, environmental justice issues and ultimately, only benefiting those with access to an automobile and …

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 …

(Re)Framing Race In Civil Rights Lawyering, Anthony V. Alfieri, Angela Onwuachi-Willig

Articles

This Review examines the significance of Henry Louis Gates, Jr.'s new book, Stony the Road: Reconstruction, White Supremacy, and the Rise of Jim Crow, for the study of racism in our nation's legal system and for the regulation of race in the legal profession, especially in the everyday labor of civil-rights and poverty lawyers, prosecutors, and public defenders. Surprisingly, few have explored the relevance of the racial narratives distilled by Gates in Stony the Roa - the images, stereotypes, and tropes that Whites constructed of Blacks to deepen and ensure the life and legacy of white supremacy-to the practice …

Shifting The Industrial Food System Towards Sustainability: The Intersections Of Agriculture, Industrialization, & Health, Courtney Marchi

City and Regional Planning

This work traces the impact of the industrialization of corporate agriculture that has agglomerated globally. The aim of this paper is to discuss the major impacts and technicalities behind modern agricultural practices, and to draw attention to the intersections between industrialization, technology, health, and environmental concerns. This paper addresses the social and political implications associated with a global trade system and attempts to remedy some of them through environmentally and socially sustainable, and deconstructive, systemic approaches. There are several intersections between social equity, globalization, and agriculture that Urban and Regional Planners can work intimately with to improve overall food security …

The Trees Speak For Themselves: Nature’S Rights Under International Law, Samantha Franks

Michigan Journal of International Law

This note argues that the United Nations should center nature’s rights in the upcoming Global Pact on the Environment, solidifying the patchwork of international environmental law and encouraging domestic protection of the environment. Part II explores the current state of international environmental law, outlining the ways in which the doctrine remains incomplete. Part III establishes that Earth jurisprudence is an effective method to fill the gaps existing within traditional international environmental law. Part IV emphasizes the importance of soft law in international law. It draws a parallel between the creation of the Universal Declaration of Human’s Rights and a potential …

Localizing The Green Energy Revolution, Hannah Jacobs Wiseman

Faculty Scholarship

The United States is on the verge of a new industrial revolution. Renewable energy could replace more than 60% of our current energy generation infrastructure in fifteen years. This change is critical, yet it risks failure. The renewable generation already built in the United States consists primarily of large-scale projects connected to transmission lines in rural areas. The expansive new generation needed to reduce carbon emissions must also be predominantly large-scale, and rural, for reasons of efficiency. But a revolution that focuses nearly exclusively on “big energy” is likely to encounter obstacles, and it has downsides that could be mitigated …

The Case For Environmental Human Rights: Recognition, Implementation, And Outcomes, James R. May

Cardozo Law Review

No abstract provided.

Optimization Of Single Axis Tracker Settings In The Cal Poly Goldtree Solar Farm, Charles A. Studdard, Liliana Reyes

Electrical Engineering

Solar farms use direct sunlight when operating; additionally, solar modules produce the most energy aligned perpendicular to the sun. Single axis solar tracking systems allow the rotation tilted photovoltaic panels to rotate during the day, maintaining the panels at the utmost efficiency angle. Achieving maximum power generation and reducing shade on the panels, make it crucial to have constant optimum positioning. Larger farms contain multiple rows and columns leading the panels to cast shadows on one another. Backtracking happens when you eliminate or reduce shadow casted on panels from adjacent modules. Panels positioned equidistantly and on even terrain allows backtracking …

Teachers As Global Transformers•Engaging Students Through Culturally Responsive Actions, Ana I. Berdecia, Med;, Caitlin Kosec, Mpp;, Kamili O. Leath, Ms;, Ashley Reid, Ma, Mdiv

Center for the Positive Development of Urban Children

Each cohort began with professional development to provide instruction around cultural competency and how to incorporate cultural pedagogy into the classroom. During the professional development institute, participants had to fill out pre- and post-assessments that measured knowledge of the core program concepts. To measure comprehension of these concepts we utilized a rubric allowing responses to fit into four categories: basic, competent, proficient, and advanced.

Analyzation of the pre-and-post assessments concluded that participants improved their comprehension of the Institute’s core concepts over the course of the Learning Institute (21 hours of professional development). According to the pretests, participants from all three …