Digital Commons Network^™

Trial By Fire: Disaster Justice And Lessons Learned, Clifford J. Villa

Natural Resources Journal

Disaster Justice reflects the intersection of environmental justice and disaster law. The study of disaster justice is becoming increasingly essential as disasters become more frequent and devastating in the face of accelerating climate change. Disaster law is marked by statutes such as the federal Stafford Act and by theory such as the “disaster cycle” of readiness, response, and recovery. Environmental justice recognizes that the distribution of harms such as bad air or water quality may be distributed inequitably among groups such as low-income populations or racial minorities. In similar fashion, the adverse impacts of disasters may also be distributed inequitably …

Enemies To Lovers: An Unsuspecting Friendship In The Journey To Save The Endangerment Finding, Sophie Ballah

University of Cincinnati Law Review

No abstract provided.

Leveraging Citizen Science To Advance Environmental Justice In Climate-Vulnerable Communities Post-Loper Bright, Lauren Valli

Seattle Journal of Technology, Environmental, & Innovation Law

The Supreme Court’s 2024 decision in Loper Bright Enterprises v.

Raimondo removed the judicial obligation to defer to the Environmental

Protection Agency’s statutory interpretations, overturning forty years of

Chevron v. NRDC jurisprudence. Now, generalist judges must

independently evaluate complex scientific data when determining

statutory meaning, creating the risk that well-resourced industry parties

will use their litigation advantages to secure pollution-permissive statutory

interpretations. Without deference to EPA’s technical understanding and

public welfare considerations, environmental litigation outcomes

increasingly depend on which party can most persuasively present

environmental data in court. This interpretation shift widens the

environmental enforcement gap and disproportionately harms historically …

When Earth’S Lungs Collapse: How Wetland Loss Threatens Air Quality After Sackett V. Epa, Julia A. Hicks

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

Electricity Affordability In Context, Troy A. Rule

San Diego Journal of Climate & Energy Law

Recent residential electricity price increases in California have caused some to suggest the state is experiencing an electricity affordability crisis. Although the typical household in California and across the country spends less than three percent of its income on electricity, California’s soaring electricity rates can impose substantial burdens on some of the state’s lowest-income households. Why have retail electricity prices rapidly risen in California over the past decade while remaining relatively stable in others? What are the potential downsides of overly fixating on electricity affordability concerns in the context of energy policymaking? And what principles should guide policymakers in California …

The Chemical City Of The World: Mapping Petrochemical Communities In West Virginia, Isabelle Judy, Daniel Renfrew, Grace Dever

CRC Research Symposium

This project was conducted out of the Center for Resilient Communities in partnerships with the West Virginia Environment and Society Lab. This research focuses on the impact of industrialization and water contamination on community health and well-being in South Charleston, West Virginia. West Virginia and the Ohio River valley have been at the heart of petrochemical development since the 1900s. Scholars refer to the area as a “sacrifice zone” that has fed the economic development of the nation while forcing local residents to suffer its toxic fallout. Many residents are aware of chemicals in their community however, there are gaps …

How Climate Change And Environmental Policies Affect Impoverished Communities, Nicole Skala

Journal of Race, Gender, and Ethnicity

Climate change is a global problem that affects everyone, but not proportionately. Lower income communities face greater physical and economic impacts, and policies often fail to consider their needs. These communities struggle to adapt and recover from disasters due to limited resources, and they lack access to resilient housing. Major corporations like Exxon and Shell profit while their workers are underpaid for dangerous labor. Historically, regions like rural Appalachia have seen exploitation through industries like coal. People of Color (POC) communities experience environmental racism, suffering greater environmental harm due to systemic neglect. Increasing commodity costs can hurt lower income individuals, …

Restore Texas Land: A Proposal To Utilize Emission Reduction Credits To Fund The Railroad Commission Of Texas' Well Plugging Initiative, George Coates Roberts

St. Mary's Law Journal

No abstract provided.

Navigating Murky Waters: State-Level Strategies For Wetland Preservation And Tile Drainage Regulation After Sackett V. Epa, Caleb M. Swanson

Honors Thesis

Wetlands are some of the world’s most valuable ecosystems, serving as provisioners of species habitat, carbon sequestration, flood mitigation, water quality purification, and other ecosystem services. Human development has resulted in substantial wetland loss the world over. In the 1970s, the United States Congress passed the Clean Water Act, giving the EPA broad authority over wetland protection. However, in the summer of 2023, the United States Supreme Court decided Sackett v. EPA, limiting the EPA’s jurisdiction over wetlands to those indistinguishably connected to generally recognized “Waters of the United States” and removing federal protection for millions of acres of wetlands, …

Energy Justice And Renewable Rikers, Rebecca Bratspies

University of Miami Law Review

Unsustainable energy practices generate the lion’s share of global carbon emissions as well as staggering levels of deadly particulate pollution. Replacing the current dirty, fossil fuel-based system with affordable, clean energy is both a human rights imperative and a climate change necessity. This transition, which has already begun, creates the opportunity to do things differently. By confronting the structural racism embedded in existing energy structures, we can build a just transition rather than just a transition. This Article uses New York City’s Renewable Rikers project as a case study to explore how we might take advantage of the intersections between …

Remediation For Pfas Contamination: The Role Of Cercla Enforcement In Environmental Justice, Amanda F. Watson

Georgia Law Review

PFAS are a family of manufactured chemicals that are highly persistent in the environment. Most people in the U.S. have been exposed to PFAS, but different groups of people may have higher exposure due to their environments. In recent years, peer-reviewed scientific studies have shown that PFAS are linked to numerous adverse human health effects. As a result, the U.S. Environmental Protection Agency (EPA) has taken a variety of actions to address PFAS, including proposing to designate PFOS and PFOA, two chemicals in the PFAS family, as hazardous substances under CERCLA, or Superfund. CERCLA is the primary legal mechanism in …

Mother Nature On The Run: The Sec, Climate Change Disclosure, And The Major Questions Doctrine, J. Robert Brown, Jr.

San Diego Law Review

The Securities and Exchange Commission (SEC or Commission) has proposed a rule that addresses the disclosure needs of investors with respect to climate change. The proposal would require that public companies tell investors about the risks to their business associated with climate change and explain the system and strategy of governance for monitoring those risks. In addition, the proposal would mandate the disclosure of certain greenhouse gas emissions.

The SEC’s proposal arrived contemporaneously with the Supreme Court’s announcement of the “major questions” doctrine. A deliberate attempt to limit the authority of the executive branch, the doctrine would restrict agencies from …

State Sequestration: Federal Policy Accelerates Carbon Storage, But Leaves Full Climate, Equity Protections To States, Gabriel Pacyniak

San Diego Journal of Climate & Energy Law

The Intergovernmental Panel on Climate Change—the UN’s expert science panel—has found that limiting climate change to prevent catastrophic harms will require at least some use of carbon capture and sequestration (CCS) unless the world rapidly shifts away from fossil fuels and reduces energy demand. There is significant uncertainty, however, about the level of lifecycle GHG reductions achievable in practice from varying CCS applications; some applications could even lead to net increases in emissions. In addition, a number of these applications create or maintain other harms, especially those related to fossil fuel extraction and use. For these reasons, many environmental justice …

The Long And Winding Road To Carbon Neutrality: Can California’S Zero Emission Vehicle Survive The Twists And Turns Of The Legal System?, Erin Hudak

San Diego Journal of Climate & Energy Law

The effects of climate change are becoming more and more obvious every year, evidenced by extreme weather events, rising sea levels, and increased global temperature. In an effort to mitigate the damage caused by greenhouse gases, California Governor Gavin Newsom announced a goal to have all new passenger vehicles sold in California be Zero-Emission Vehicles (“ZEVs”) by 2035. This Article explores the possible legal issues that California’s ZEV mandate faces now and may face in the future. First, California will likely face a federal preemption challenge under the Clean Air Act. Second, the California Air Resources Board’s authority to mandate …

Ohio House Bills 168 And 110: Just Another Drop In The Bucket For Brownfield Redevelopment?, Mia Petrucci

Sustainable Development Law & Policy

This article examines Ohio House Bills 168 and 110. These House Bills provide liability protection to purchasers of brownfield sites, allocate $500 million dollars to brownfield funding—with $350 million allotted for investigation, cleanup, and revitalization of brownfield sites and $150 million for demolition of vacant/abandoned buildings—and create a new Building Demolition and Site Revitalization Program, for the revitalization of properties surrounding brownfield sites. In the first three Sections of this article, the concept of brownfield redevelopment is introduced, the associated challenges with brownfield projects are discussed, and attempts by federal and state governments to address brownfield remediation challenges in the …

Current Practice And Recommendations For Advancing How Human Variability And Susceptibility Are Considered In Chemical Risk Assessment, Julia R. Varshavsky, Swati D.G. Rayasam, Jennifer B. Sass, Daniel A. Axelrad, Carl F. Cranor, Dale Hattis, Russ Hauser, Patricia D. Koman, Emily C. Marquez, Rachel Morello-Frosch, Catherine Oksas, Sharyle Patton, Joshua F. Robinson, Sheela Sathyanarayana, Peggy M. Shepard, Tracey Woodruff

Sustainability and Social Justice

A key element of risk assessment is accounting for the full range of variability in response to environmental exposures. Default dose-response methods typically assume a 10-fold difference in response to chemical exposures between average (healthy) and susceptible humans, despite evidence of wider variability. Experts and authoritative bodies support using advanced techniques to better account for human variability due to factors such as in utero or early life exposure and exposure to multiple environmental, social, and economic stressors. This review describes: 1) sources of human variability and susceptibility in dose-response assessment, 2) existing US frameworks for addressing response variability in risk …

Waste And Chemical Management In A 4°C World, Michael B. Gerrard

Faculty Scholarship

Many chemicals and hazardous substances are kept in places that can withstand ordinary rain, but not severe storms or floods. If these events occur and the chemicals are released, people and the environment may be endangered. This Article discusses the hazards posed to chemical and waste disposal facilities by extreme weather events that would be worsened as a result of climate change, and how U.S. laws do (or do not) deal with these hazards; and considers how the law would need to change to cope with what would happen to these facilities in a potentially 4°C world. It is adapted …

Cloud Seeding, Wildfire Smoke Emissions, And Solar Geoengineering: Why Is Climate Modification Unregulated?, Karen Bradshaw, Monika U. Ehrman

Faculty Journal Articles and Book Chapters

This Article is the first to identify that companies and agencies systemically modify climatic airspaces through wildfire smoke emissions, weather modification (cloud seeding to cause rain), and solar geoengineering. Climate modification is not a conspiracy theory or a hypothetical: it is happening, and it is changing weather patterns. Yet, climate modification is almost wholly unregulated. Further, it is also not recorded or tracked in systemic ways. That is to say, even government agencies do not have comprehensive records of whether; how often; or how much climate modification is occurring. The data is simply not gathered, aggregated, or stored. As a …

A Science-Based Agenda For Health-Protective Chemical Assessments And Decisions: Overview And Consensus Statement, Tracey J. Woodruff, Swati D.G. Rayasam, Daniel A. Axelrad, Patricia D. Koman, Nicholas Chartres, Deborah H. Bennett, Linda S. Birnbaum, Phil Brown, Courtney C. Carignan, Courtney Cooper, Carl F. Cranor, Miriam L. Diamond, Shari Franjevic, Eve C. Gartner, Dale Hattis, Russ Hauser, Wendy Heiger-Bernyas, Rashmi Joglekar, Juleen Lam, Jonathan I. Levy, Patrick M. Macroy, Maricel V. Maffini, Emily C. Marquez, Rachel Morello-Frosch, Keeve E. Nachman, Greylin H. Nielsen, Catherine Oksas, Dimitri Panagopoulos Abrahamsson, Heather B. Patisaul, Sharyle Patton, Joshua F. Robinson, Kathryn M. Rodgers, Mark S. Rossi, Ruthann A. Rudel, Jennifer B. Sass, Sheela Sathyanarayana, Ted Schettler, Rachel M. Shaffer, Bhavna Shamasunder, Peggy Shepard, Kristin Shrader-Frechette, Gina M. Solomon, Wilma A. Subra, Laura N. Vandenberg, Julia R. Varshavsky, Roberta F. White, Ken Zarker, Lauren Zeise

Sustainability and Social Justice

The manufacture and production of industrial chemicals continues to increase, with hundreds of thousands of chemicals and chemical mixtures used worldwide, leading to widespread population exposures and resultant health impacts. Low-wealth communities and communities of color often bear disproportionate burdens of exposure and impact; all compounded by regulatory delays to the detriment of public health. Multiple authoritative bodies and scientific consensus groups have called for actions to prevent harmful exposures via improved policy approaches. We worked across multiple disciplines to develop consensus recommendations for health-protective, scientific approaches to reduce harmful chemical exposures, which can be applied to current US policies …

Beyond Bake Sales: Environmental Justice Through Superfund Removal Actions, Clifford Villa

Faculty Scholarship

Few people outside of EPA seem to be aware of the existence of the Superfund removal program, a program through which millions of dollars are allocated through EPA’s ten regional offices each year for cleaning up contaminated sites that are not designated 'Superfund' sites. This essay will provide a basic introduction to the Superfund removal program and particularly encourage consideration of Superfund removals to address growing concerns for environmental justice. Part II examines the legal authorities and limitations of the Superfund removal program. Part III provides examples of removal actions in environmental justice communities across the country. Part IV considers …

Don't Blame The Flint River, Clifford Villa

Faculty Scholarship

Since appearing in modern form fifty years ago, the Clean Water Act has proven a powerful force for environmental justice, helping to clean up urban waterways across the country. Through establishment of water quality standards and enforcement of regulatory requirements, the Clean Water Act has compelled public authorities and private companies to upgrade infrastructure and curtail
discharge of sewage and other industrial effluent. At the same time, urban communities have continued to struggle with water pollution beyond the reaches of the Clean Water Act. This Article briefly examines three such communities: the Anacostia area of Washington, D.C.; the neighborhoods along …

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 …

Civil Rights Enforcement And Fair Housing At The Environmental Protection Agency, Jennifer Thomson

Faculty Journal Articles

This article analyzes the EPA within the broader history of federally-sponsored residential segregation, as well as the criminalization of and disinvestment from urban areas contemporaneous with the agency’s founding. It offers a detailed analysis of EPA’s first decade of recalcitrance regarding its own obligations under Title VI of the 1964 Civil Rights Act and Title VII of the 1968 Fair Housing Act. The EPA developed a pattern of responding to scrutiny by rearranging its internal office structure and launching new initiatives tangential to the substantive issues of civil rights. Through this detailed interpretation, the article demonstrates how EPA’s first ten …

Law Library Blog (March 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Measuring Environmental Justice: Analysis Of Progress Under Presidents Bush, Obama, And Trump, Mollie Soloway

Student Articles and Papers

No abstract provided.

Promoting Community Engagement Through Basic User Tutorial Of Epa Geospatial Screening Tools, Jonas Nguyen

Master's Projects and Capstones

Social inequalities are riddled with health disparities and outcomes leading toward lower life expectancy. Communities of color, low income, and rural neighborhoods lack the voice and resources to effectively oppose industrial settlement which would likely lead to the release of toxic wastes into the water, air and ground ultimately affecting residential health. Empowering members through community engagement is a relatively new strategic process where researchers are finding mutual benefits in design, implementation, and results. This study aims to identify and promote tools for community engagement within the scope of environmental justice by working with EPA geospatial screening tools and designing …

Reviving The Environmental Justice Agenda, Rachael E. Salcido

Chicago-Kent Law Review

During his 2008 campaign, President Obama pledged that his administration would put an emphasis on environmental justice, outlining a strategy to address the unequal burden of pollution in low-income, minority and indigenous communities. Though many criticize some of the shortcomings, such as inadequate pursuit of civil rights remedies, the administration has followed through to supply some of the most critical components of solutions to the environmental justice challenge: leadership, capacity, collaboration-in-fact, and funding. This article will examine the reinvigorated Inter-Agency Working Group on Environmental Justice, the roadmaps prepared to address EJ, and significant rules and guidance enacted by the EPA …

A Discussion With Epa's General Counsel Avi Garbow: Environmental Justice, Agency Priorities, And Employment, Avi S. Garbow, General Counsel

Environmental and Animal Law

The Center For International Law & Justice and Environmental Law Society present a discussion with Avi S. Garbow who, during his tenure as EPA General Counsel, has worked closely on the Clean Power Plan, Clean Water Rule and other initiatives.

Next Generation Compliance, David L. Markell, Robert L. Glicksman

Scholarly Publications

No abstract provided.

Power To The People: Restoring The Public Voice In Environmental Law, Albert C. Lin

Akron Law Review

Although the last forty years of environmental law have witnessed some successes, they have also increasingly revealed the limitations of existing laws and regulatory structures. Congress has been unable to pass substantial environmental legislation in recent years, notwithstanding widespread recognition of the need for better tools for responding to climate change, toxic chemicals, non-point source water pollution, and other problems. In addition, the Environmental Protection Agency (“EPA”) has struggled in the wake of limited resources and politicization to effectively use the tools it has, and its rulemaking processes are often dominated by industry and other repeat players. To deal with …