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Continuum: Volume 46 (Winter 2022), Osgoode Hall Law School Of York University

Continuum: Osgoode Hall Law School Alumni Magazine

No abstract provided.

Renegotiating Liminal Spaces: Catholic Nuns As Spiritual And Feminist Activists, Emily M. Lauletta

Undergraduate Honors Theses

The objective of this thesis is to recognize the critical work being done by the women in two Sister-led organizations, Talitha Kum, and Network. Throughout this thesis, I make note of how the actions of these groups of nuns align with several values attributed to spiritual activism. Simultaneously, I discuss the complications that arise from doing social justice work within the confines of an institution that has perpetuated settler colonialism and white supremacy. My analysis is grounded in three theoretical frameworks; spiritual activist theory as articulated by Gloria Anzaldúa, Indigenous Feminism(s), and Womanism. In reference to the nuns' status as …

Evaporating Into Thin Air: The Prosecution Of Air Pollution Crimes During The Trump Administration, Joshua Ozymy, Melissa Jarrell Ozymy

Michigan Journal of Environmental & Administrative Law

Antagonistic to environmental regulation, the Trump Administration sought to significantly roll back federal clean air law enforcement. Yet, we know very little about the impact of the Administration on air pollution criminal enforcement. Through content analysis of all EPA criminal investigations leading to prosecution, we analyze patterns in charging and sentencing and draw out the broader themes in air pollution prosecutions during this period. Our results show a sizable drop in prosecutions compared to the Obama Administration. Although prosecutors managed to pursue serious crimes involving significant harm and criminal conduct and secure over $2.9 billion in monetary penalties, roughly 160 …

Significant Impacts Under Nepa: The Social Cost Of Greenhouse Gases As A Tool To Mitigate Climate Change, Sydney Hofferth

Michigan Journal of Environmental & Administrative Law

The increased severity of the impacts of climate change demand a re-evaluation of the legal tools that could combat it. The National Environmental Policy Act (“NEPA”) was passed to force government agencies to account for the environmental impacts of their actions. However, as it exists today, NEPA fails to require agencies to consider how their actions will mitigate or exacerbate climate change. This Note argues that agencies should be required to consider the social cost of the greenhouse gases associated with potential major actions at various stages of NEPA analysis. This change would result in increased transparency and public engagement …

Teaching Environmental Law After Trump, Doug Williams

Saint Louis University Law Journal

This Article addresses some of the challenges in teaching environmental law after the administration of President Donald Trump. The Trump Administration mounted a relentless, aggressive, and largely deregulatory overhaul of the nation’s major environmental regulatory efforts, particularly the efforts of the prior Obama Administration. Many of these efforts by the Trump Administration have been challenged in court, some successfully, while others have been reversed or are in the process of reversal by the administration of President Joseph Biden. For teachers of environmental law, these actions present opportunities to demonstrate how regulatory agencies (under the direction of presidents), rather than Congress, …

Miserable Comforts Or Concrete Protections: Human Rights Conventions, Treaties, Declarations, And The Rights Of Indigenous/Othered Communities—Quo Vadis?, Emeziem, Cosmas

Santa Clara Journal of International Law

It has become an annual ritual for the world—especially through the United Nations (UN)—to organize events and activities celebrating Indigenous Peoples.1 Further to this disposition, the UN has adopted a Declaration on the Rights of Indigenous Peoples.2 Equally, it is now fashionable, to include the needs, and questions, affecting indigenous peoples in our development programs and climate action activities—albeit sometimes as an addendum to the mainstream policies.3 The Sustainable Development Goals (SDGs), and the current prominence of Diversity, Equity, and Inclusion (DEI), and decolonialization language in international policy briefs, give further credence to this apparent commitment to the rights of …

Global Scripts In Transnational Legal Orders And Governance, Susan Block-Lieb

Faculty Scholarship

Global scripts—the rules, norms, and standards in international texts, and the tacit assumptions that surround and give meaning to them—exist on numerous issues (finance, trade, economic development, climate change, education, human rights, and gender equality), at every level of engagement (international, national, local), and at every phase of recursive norm construction and contestation. Case studies involving global scripts appear across a wide range of scholarship—considering sociological, anthropological, or sociolegal perspectives, or on international political economy, international organizations, international relations, or law and development—but because they are focused on one piece of the puzzle at a time, variation exists regarding the …

Barriers To Charitable Nonprofit Access And Advocacy Amid A Pandemic: A Case Study Of The Louisiana State Legislature, Stephanie M. Riegel, Steven W. Mumford

Political Science Faculty Publications

Research has long established nonprofit organizations’ vital role advocating for the needs of vulnerable populations before legislative policymakers. In the best of times, it is difficult for 501(c)(3) charitable nonprofits employing grassroots advocacy to mobilize vulnerable constituencies to compete with 501(c)(4) and 501(c)(6) advocacy and special interest groups. The latter organizations inherently have greater flexibility and resources to lobby lawmakers directly, permitting greater access to influencing the policy agenda. Through a multi-method case study of the 2020 regular session of the Louisiana State Legislature, this article demonstrates how the COVID-19 pandemic’s unique contextual conditions made legislative advocacy more difficult than …

Beyond The Technical Dimensions Of Water: Community-Based Efforts For Water Justice In The High Desert, Ella Meyer

Pitzer Senior Theses

Water injustice is a result of the co-constitution of water and power from the global to the local level. In the small High Desert town of Adelanto, CA, concerns over the water quality and its association with overall quality of life incentivized a collaborative project to investigate dealings of water. A multidimensional analysis of the water system uncovers an instance of water injustice that is complex and linked to water issues regionally in the Inland Southern California area, as well as globally. Globalized discourses, climate change, global capitalism and flows of immigration are some of the global processes linked to …

The Heirloom As Evidence: Investigating The Colonial Trace Preserved Within My Family’S Sandalwood Box, Olivia Meehan

Pitzer Senior Theses

This paper accompanies my senior art exhibition Picturing the Colonial Trace. Pulling from a wide range of interdisciplinary scholars, I theorize the practice of critical white auto-ethnography through visual interrogations of family heirlooms. The heirloom as evidence holds within its form a colonial trace. I investigate this trace through my creative practice, revealing the environmental, economic, and interpersonal histories of the British colonization of the Indian subcontinent. My art disrupts my family’s narrative of a benevolent British Empire and redirects attention to the silences of my family archive. This thesis proposes a potential model for white scholars of Environmental …

Information As Power: Democratizing Environmental Data, Annie Brett

UF Law Faculty Publications

Environmental data systems have largely escaped scrutiny in the past decades. But these systems are the foundations for evaluating environmental priorities, making management decisions, and deciding which perspectives to value. Information is the foundation of effective regulation. The decisions regulators make about gathering, assimilating, and sharing information are, in many cases, determinative of the outcomes they reach. This is certainly true in the case of the environment.

This paper looks at how current environmental regulation has created data systems that undermine scientific legitimacy and systematically prevent stakeholder participation in environmental decision-making. These data systems concentrate power within federal and state …

Schooled To The Streets? Exploring The Relationship Between K-12 Educational Experiences And Early Careers In Activism, David Abraham Castro

Dissertations

Since the late eighteenth century, organizing and activism have been part of the urban landscape, from the labor organizing of Eugene Debs in the early twentieth century to the community organizing work of Saul Alinsky during the 1950s and 1960s. The development of community organizers is strongly tied to local institutions such as factories, houses of worship, and schools. For many youths in Chicago, schools often become the sites of political and social awakening and lead to activism beyond the schoolhouse. Within the current context of urban education scholars, practitioners, policymakers, and community organizers alike agree that the perspectives of …

Distributed Energy Resources : An Assessment Of New Jersey’S Clean Energy Future, Mary Elizabeth Kenny

Theses, Dissertations and Culminating Projects

The demand for renewable energy in New Jersey will continue to grow as economic opportunities and community support drive development. The effective integration of Distributed Energy Resources (DERs) will transform energy production, storage, and use. To achieve sustainable energy production, the current reliance on fossil fuels must be reduced and replaced with less carbon-intensive energy sources that optimize the electric grid. DERs help pioneer the path to a clean energy transition where the implementation of new renewable energy projects will diversify New Jersey’s energy portfolio and provide a more resilient, equitable, and independent energy source. This thesis investigates different perspectives …

Dynamics In Public Finance And Disaster Management : Financial Impacts Of Natural Disasters, Intergovernmental Aid, And Community-Level Social Effects, Sungyoon Lee

Legacy Theses & Dissertations (2009 - 2024)

This dissertation explores how various types of disasters affect the financial behaviors of local governments, interacting with public managerial decisions, intergovernmental aid, and community-context effects. The first essay examines whether 1) disaster aid distribution is associated with social vulnerability indicators of affected counties given the same level of disaster damage, and 2) ethnic representativeness of the Federal Emergency Management Agency (FEMA) workforce increases policy benefits in terms of disaster relief funds for counties with a higher level of vulnerability related to minority status. I use hierarchical linear modeling (HLM) to test the U.S. counties that have received disaster aid funds …

Spokane Climate Project: Chapter 1, Temperature Impact Study For Spokane, Washington, Rebecca Macmullen, Kara Odegard, Jim Simon, David Camp, Gonzaga University Climate Institute

Climate, Water, and the Environment Research

This chapter examines the effects that projected future temperature increases are likely to have on human health and safety in Spokane. Spokane’s annual Lilac Bloomsday Run (Bloomsday) is used as a case study to illustrate potential impacts to human health.

The full version of this report as well as a full list of the citations and methodologies employed for this analysis can be found at the Spokane Climate Project website: https://www.spokaneclimateproject.org/.

Esg Trends: Results Of The 2022 Hr@Moore Survey Of Chros, Adam Steinbach, Donald J. Schepker, Anthony J. Nyberg, Patrick M. Wright

Reports

There has been incredible momentum in recent years for the expectation that major companies should be attentive to and deliver results on Environmental, Social, and Governance (ESG) issues. For their part, companies and their executive leadership teams (ELTs) seem responsive to these expectations, developing ESG strategies and devoting resources to making progress in these areas. Perhaps the most notable commitment along these lines came in 2019, when the Business Roundtable (BRT) issued a statement to “redefine the purpose of a corporation” to focus on all stakeholders rather than be predominantly centered on shareholders. Much of the conversation around corporations in …

Mcnair Scholars Research Journal 2022, Haleigh R. Hicks, Naponi Jada, Justine Phan, Promise Robinson, Rocio E. Vegamartinez, Paula Currie, David Antonio Diaz, Alexia J. Hartzell, Ariana Hernandez, Kayla Meyers, David O.T. Ogidan, Jose David Perez Vela, Riley Wiland

McNair Scholars Research Journal-Archive

No abstract provided.

The Water Is On Fire: Current Circuit Approaches To Fee-Shifting In Citizen-Suits Under The Clean Water Act And The Need For Clearer And More Uniform Standards, Charles Kinley

William & Mary Environmental Law and Policy Review

This Note will start by providing a short explanation of the origins of and congressional goals for the fee-shifting provision in the CWA [Clean Water Act]. It will then offer a brief summary of how Supreme Court precedent has both clarified and confused this issue. Then, it will dive into an examination of how the different circuits and their district courts have interpreted the CWA’s fee-shifting provision and how these interpretations have struggled with past Supreme Court decisions. Finally, this Note will explore the costs and benefits associated with these fee-shifting standards and offer a potential solution to this problem. …

From Why To How Subnational Jurisdictions Are Mitigating Climate Change, Katrina M. Wyman

Faculty Articles

The remainder of this short comment moves away from the question of why subnational jurisdictions are acting to limit climate change. It focuses instead on a question implicitly raised by Thinking Globally’s excellent—and all too rare— thick descriptions of subnational efforts to limit climate change in China, Japan, and the United States: How are leading subnational jurisdictions in the three largest economies in the world seeking to limit climate change? In the book Repowering Cities, political scientist Professor Sara Hughes suggests that the question of how cities are seeking to mitigate climate change has received less scholarly attention than why …

Propertizing Environmental Attributes, Katrina M. Wyman, Adalene Minelli

Faculty Articles

Tangible environmental resources such as land and water have been the object of property rights and traded in markets for millennia. In a development largely unnoticed by legal scholars, technology now allows a new class of environmental resources that are much harder to see and touch to be measured, and potentially sold—environmental attributes. Some of these resources have already been partially packaged into property rights for sale by some governments and private actors, such as actual and avoided carbon emissions, and the environmental benefits of renewable power and electric cars. Other resources, such as avoided water use, remain unpropertized. Trading …

Role Of Courts In Ensuring Water Justice In India: Brasilia Declaration On Water Justice And Beyond, Gayathri D. Naik

Articles

Water being a scarce resource, questions of its allocation and distribution, coupled with concerns of its depletion have troubled policy makers, legislators, and judges alike. While, over the years there has been significant development on the discussion surrounding the rights-duty paradigm of water resources, by establishing the obligation of states, discussion surrounding a certain value-based approach to guide the minds of important stakeholders in creating and enforcing policy has gained far less traction comparatively. It is in this context that this paper explores an alternative justice-based approach to water, drawing from the works of Amartya Sen on capabilities and more …

Leviticus 25’S History Of Inspiring Freedom As A Moral Challenge To Literary-Historical Interpretation, James Watts

Religion - All Scholarship

Though Leviticus 25’s description of the Jubilee sounds unrealistically utopian to many biblical scholars, the Jubilee ideal has stimulated many movements for freedom and economic reform in the last 500 years. It most famously motivated enslaved people to resist and abolitionists to challenge the institution of slavery. Today it continues to inspire reform movements for land redistribution and fair housing, for sovereign debt relief, and for developing environmentally sustainable economies. The contrast between scholarly assessments of the chapter’s meaning in its literary and ancient historical contexts and its proven power to inspire movements for freedom that were unimaginable to its …

Beyond Place-Based Environmental Justice: An Analysis Of The Distribution Of Emerging Energy Technology, Noah Goldman

Renée Crown University Honors Thesis Projects - All

No abstract provided.

Forest Offsets In The California Carbon Market: Challenges Of A Market Based Climate Solution, Eric Warmoth

CMC Senior Theses

Within California’s cap-and-trade program, forest offsets allow landowners to earn carbon credits for protecting forests that sequester carbon and sell these credits to polluters that can then emit one additional ton of carbon. The state’s top regulator, the California Air Resources Board (CARB), is tasked with overseeing cap-and-trade and the forest offset system. CARB is currently updating the state’s Climate Change Scoping Plan to set California on track to achieve its 2030 climate goal of reducing greenhouse gas emissions to 40% below 1990 levels. CARB is approving forest offsets that overestimate emissions reductions, while allowing companies to continue polluting in …

Social Equity Is Key To Sustainable Ocean Governance, Katherine M. Crosman, Edward H. Allison, Yoshitaka Ota, Andrés M. Cisneros-Montemayor, Gerald G. Singh, Wilf Swartz, Megan Bailey, Kate M. Barclay, Grant Blume, Mathieu Colléter, Michael Fabinyi, Elaine M. Faustman, Russell Fielding, P. Joshua Griffin, Quentin Hanich, Harriet Harden-Davies, Ryan P. Kelly, Tiff-Annie Kenny, Terrie Klinger, John N. Kittinger, Katrina Nakamura, Annet P. Pauwelussen, Sherry Pictou, Chris Rothschild, Katherine L. Seto, Ana K. Spalding

Articles, Book Chapters, & Popular Press

Calls to address social equity in ocean governance are expanding. Yet ‘equity’ is seldom clearly defined. Here we present a framework to support contextually-informed assessment of equity in ocean governance. Guiding questions include: (1) Where and (2) Why is equity being examined? (3) Equity for or amongst Whom? (4) What is being distributed? (5) When is equity considered? And (6) How do governance structures impact equity? The framework supports consistent operationalization of equity, challenges oversimplification, and allows evaluation of progress. It is a step toward securing the equitable ocean governance already reflected in national and international commitments.

Human Rights At The Ocean-Climate Nexus: Opening Doors For The Participation Of Indigenous Peoples, Children And Youth, And Gender Diversity, Unwana Udo, Tahnee Prior, Sara L. Seck

Articles, Book Chapters, & Popular Press

No abstract provided.

Gender And Intersectionality In Business And Human Rights Scholarship, Melisa N. Handl, Sara L. Seck, Penelope Simons

Articles, Book Chapters, & Popular Press

In this article, we explore what intersectionality, as an analytic tool, can contribute to business and human rights (BHR) scholarship. To date, few BHR scholars have explicitly engaged in intersectional analysis. While gender analysis of BHR issues remains crucial to expose inequality in business activity, we argue that engagement with intersectionality can enrich and support this and other BHR scholarship. Intersectional approaches allow us to move beyond single-axis analysis, contest simplistic representations about gender issues and expose the complexity of human relations. It draws our attention to structures that sustain disadvantage such as racism, colonialism, social and economic marginalization and …

Addressing Climate Impacts In Alaska Native Tribes: Legal Barriers For Community Relocation Due To Thawing Permafrost And Coastal Erosion, Lara Fowler, Ekrem Korkut, Kathleen E. Halvorsen, David Holen, E. Lance Howe, Guangqing Chi

Faculty Scholarship

Rural communities is Alaska—predominantly Alaska Native Tribes—are at the forefront of climate change impacts and climate justice concerns in the United States. According to the 2019 Alaska statewide threat assessment report, 29 communities are currently experiencing significant climate change-related erosion. Further, 38 communities faces significant flooding, and 35 have major problems with thawing permafrost. Some Alaska Native communities have explored community relocation to adapt to these impacts. Because federal law does not recognize gradual environmental impacts like thawing permafrost and coastal erosion as disasters, these communities are ineligible for disaster funding and struggling with how to adapt to the very …

The Nature And Value Of Public Space (With Some Lessons From The Pandemic), Christopher Essert

Fordham Urban Law Journal

No abstract provided.

Can Environmental Law Solve The "Forever Chemical" Problem?, Mark P. Nevitt, Robert V. Percival

Faculty Articles

Although federal environmental law purports to provide the public with comprehensive protection against chemical risks, the U.S. chemical industry is characterized by self­ regulation. This self-regulation is exemplified by the dangers posed by per- and polyfluoroalkyl substances (''PFAS'')­ broad classes of persistent toxic substances that have now entered nearly every American's bloodstream and hundreds of public drinking water systems. Despite data linking exposure to these "forever chemicals" to cancer, infertility, and a host of other public health harms, environmental law has failed to safeguard the American people from PFAS' toxic legacy. How did this occur? And what should be done …