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Articles 31 - 60 of 104
Full-Text Articles in Entire DC Network
Procedural Environmental Justice, Jonathan Skinner-Thompson
Procedural Environmental Justice, Jonathan Skinner-Thompson
Washington Law Review
Achieving environmental justice—that is, the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies—requires providing impacted communities not just the formal right, but the substantive ability, to participate as equal partners at every level of environmental decision-making. While established administrative policy purports to provide all people with so-called meaningful involvement in the regulatory process, the public participation process often excludes marginalized community members from exerting meaningful influence on decision- making. Especially in the environmental arena, regulatory decisions are often …
The Color Of Local Government: Observations Of A Brown Buffalo On Racial Impact Statements In The Movement For Water Justice, Tom I. Romero
The Color Of Local Government: Observations Of A Brown Buffalo On Racial Impact Statements In The Movement For Water Justice, Tom I. Romero
Sturm College of Law: Faculty Scholarship
This article is rooted larger racial justice conversations that became amplified in 2020 as the United States, and indeed the world, was literally and figuratively on fire as the interconnected pandemics of COVID-19, racial violence, and climate change-induced wildfires raged. These interconnected disasters helped reveal the ways that racial and ethnic minoritized communities disproportionately bore the brunt of economic dislocation, deadly health outcomes, and physical dislocation. For many local and state government entities, particularly those in the water sector, it also catalyzed a response to be more diverse, equitable, inclusive, and indeed color-conscious in service of racial and social equity …
Teaching Environmental Law After Trump, Doug Williams
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, …
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
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.
The Case For Environmental Human Rights: Recognition, Implementation, And Outcomes, James R. May
The Case For Environmental Human Rights: Recognition, Implementation, And Outcomes, James R. May
Cardozo Law Review
No abstract provided.
Conservation Easements As A Tool For Nature Protection, William Snape
Conservation Easements As A Tool For Nature Protection, William Snape
Scholarly Articles in Law Reviews & Journals
No abstract provided.
A "Directed Trust" Approach To Intergenerational Solidarity In American Environmental Law And Policy: A Modest Proposal, Lucia A. Silecchia
A "Directed Trust" Approach To Intergenerational Solidarity In American Environmental Law And Policy: A Modest Proposal, Lucia A. Silecchia
William & Mary Environmental Law and Policy Review
No abstract provided.
Environmental Law As Segregation, Nadia B. Ahmad, Melissa Bryan
Environmental Law As Segregation, Nadia B. Ahmad, Melissa Bryan
Faculty Scholarship
No abstract provided.
Thirsty Places, Priya Baskaran
Thirsty Places, Priya Baskaran
Scholarly Articles in Law Reviews & Journals
The United States, among the wealthiest and most prosperous nations in the world, regularly fails to provide clean, potable water to many of its citizens. Recent water crises occur within communities categorized as Geographically Disadvantaged Spaces ("GDS'), which often encompass urban and rural areas. What is more, people of color and economically vulnerable populations are often located within GDS, disproportionately burdening these groups with the economic and public health consequences of failing water infrastructure. This article provides a novel, comparative analysis of communities lacking potable water in Flint, Michigan, and southern West Virginia. This analysis highlights entrenched structural problems present …
Climate Cages: Connecting Migration, The Carceral State, Extinction Rebellion, And The Coronavirus Through Cicero And 21 Savage, Nadia B. Ahmad
Climate Cages: Connecting Migration, The Carceral State, Extinction Rebellion, And The Coronavirus Through Cicero And 21 Savage, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
Death By Crosspollination: The Uncontrollable Natural Occurrence That Could Kill Organic Farming And The Legal Solutions To Save An Industry, Austin Warhime
Death By Crosspollination: The Uncontrollable Natural Occurrence That Could Kill Organic Farming And The Legal Solutions To Save An Industry, Austin Warhime
Belmont Law Review
No abstract provided.
"Forever Chemicals": Forever Altering The Legal Landscape, Leticia M. Diaz, Margaret R. Stewart
"Forever Chemicals": Forever Altering The Legal Landscape, Leticia M. Diaz, Margaret R. Stewart
Belmont Law Review
No abstract provided.
Out To Save The World: The Intersection Of Animal Welfare Law, Environmental Law, And Respect For Fragile Ecosystems, Stacey G. Sterling
Out To Save The World: The Intersection Of Animal Welfare Law, Environmental Law, And Respect For Fragile Ecosystems, Stacey G. Sterling
Belmont Law Review
No abstract provided.
Faith-Based Approaches To Ecological Harmony And Environmental Protection, Nadia B. Ahmad
Faith-Based Approaches To Ecological Harmony And Environmental Protection, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
An Unknown Past, An Unequal Present, And An Uncertain Future: Transnational Environmental Law Through Three Research Challenges, Natasha Affolder
An Unknown Past, An Unequal Present, And An Uncertain Future: Transnational Environmental Law Through Three Research Challenges, Natasha Affolder
All Faculty Publications
This chapter seeks to bring into focus three broad research challenges facing transnational environmental law – an unknown past, an unequal present, and an uncertain future. Transnational law theory invites scholars to stand at a distance from current orthodoxies and to contemplate environmental law and its practice from new vantage points. The study of transnational environmental law thus prompts new ways of thinking about where to look for environmental law and its foundational influences. New research agendas emerge organically from such shifts of gaze. By identifying future research agendas, we can illuminate both the diversity of sites of past and …
Sdlp After 20: Sustainable Development In The Anthropocene, David Hunter
Sdlp After 20: Sustainable Development In The Anthropocene, David Hunter
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Earth Mothers, Soy Boys, And Cool Dudes: Practicing Law While Protecting The Environment, Elizabeth J. Hubertz
Earth Mothers, Soy Boys, And Cool Dudes: Practicing Law While Protecting The Environment, Elizabeth J. Hubertz
Scholarship@WashULaw
As a public-interest environmental lawyer, this author explores gender in the legal profession. Specifically, gender in environmental law. Through a recognition of the gendered dimensions of environmental law, this Article explores the nature-culture binary, the relationship of meat to masculinity, and perceptions of the risks and threats of climate change.
The Second International Conference On Climate, Nature, And Society: Selected Conference Excerpts, Nadia B. Ahmad
The Second International Conference On Climate, Nature, And Society: Selected Conference Excerpts, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
Mask Off - The Coloniality Of Environmental Justice, Nadia B. Ahmad
Mask Off - The Coloniality Of Environmental Justice, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
Constitutional Environmental Law, Or, The Constitutional Consequences Of Insisting That The Environment Is Everybody's Business, Robin Kundis Craig
Constitutional Environmental Law, Or, The Constitutional Consequences Of Insisting That The Environment Is Everybody's Business, Robin Kundis Craig
Utah Law Faculty Scholarship
Constitutional environmental law has become a recognized and institutionalized specialty within environmental law, an acknowledgement of the pervasive interactions between the U.S. Constitution and the federal environmental statutes that go well beyond the normal constitutional underpinnings of federal administrative law. This Article posits that constitutional environmental law is the result of Congress consciously deciding that environmental protection is everybody’s business — specifically, from Congress’s that states should participate in rather than be preempted by federal environmental law, that private citizens and organizations should help to enforce the statutes, and that private land and water rights are necessary components of national …
An Ecological Theory Of Statutory Interpretation, Nicholas S. Bryner
An Ecological Theory Of Statutory Interpretation, Nicholas S. Bryner
Idaho Law Review
Canons of construction serve as a set of ground rules that judges rely on in interpreting statutes. Substantive canons of construction, in particular, are principles and presumptions that point judges in a specific policy direction in order to serve underlying public values. Many of these substantive canons share a common justification: judges have developed them to mitigate threats of irreversible harm to vulnerable and underrepresented interests and to incentivize clarity in the legislative process. This Article argues that environmental interests—the interests of present and future generations in maintaining ecological conditions that support life—merit similar protection. Therefore, judges should employ an …
Toward Distributive Justice In Offshore Natural Resources Development: Iceland And Norway In The Jan Mayen, Anita L. Parlow
Toward Distributive Justice In Offshore Natural Resources Development: Iceland And Norway In The Jan Mayen, Anita L. Parlow
Ocean and Coastal Law Journal
As pressures of globalization and advances in technology accelerate, more and more remote, coastal, and small communities are left financially stranded and disempowered. Many communities located at the historic periphery of global markets and trade routes are, often paradoxically, marginalized from the benefits of globalized trade, even while their more accessible natural resources have moved far closer to the center of global markets. The powerful political institutions of nation states combined with growing transnational businesses are driving a combination of boosts in national economies, explosions in technology, and fewer international restrictions on capital. This three-pronged dynamic is reshaping the structure …
Environmental Law—How It Got There Matters: Trail Smelter Evades Cercla Responsibility For The Aerial Deposition Of Hazardous Waste, Ryan K. Sullivan
Environmental Law—How It Got There Matters: Trail Smelter Evades Cercla Responsibility For The Aerial Deposition Of Hazardous Waste, Ryan K. Sullivan
Western New England Law Review
The Trail Smelter, operated by Teck Cominco Metals, Ltd., is an integrated smelting and refining complex in Trail, British Columbia. It is situated approximately ten miles north of the United States-Canadian border. In the early 1900s, the smelter was at the center of an international lawsuit that led to a landmark decision of international environmental law. Now, almost a century later, the smelter, still in operation, is responsible for widespread contamination on tribal lands located within Washington State. Once again, the smelter is embroiled in a protracted legal battle, this time facing liability under the Comprehensive Environmental Response, Compensation, and …
Do Sagebrush Rebels Have A Colorable Claim? The Space Between Parochialism And Exclusion In Federal Lands Management, Ann M. Eisenberg
Do Sagebrush Rebels Have A Colorable Claim? The Space Between Parochialism And Exclusion In Federal Lands Management, Ann M. Eisenberg
Faculty Publications
This Article asks whether the troubling nature of the Sagebrush Rebellion and similar movements (e.g., their violence, antienvironmentalism, and racist overtones) has made us overly dismissive of a kernel of truth in their complaints. Commentators often acknowledge that federal lands management may be “unfair” to local communities, but the ethical and legal characteristics of the unfairness concern remain under-explored. Although the Sagebrush Rebellion and federal lands communities are far from synonymous, substantial overlap between the complaints and demands of Sagebrush Rebels and the complaints and demands of many regional local (and state) governments suggests that to explore the one necessitates …
The Ends And Means Of Pollution Control: Toward A Positive Theory Of Environmental Law, David M. Driesen
The Ends And Means Of Pollution Control: Toward A Positive Theory Of Environmental Law, David M. Driesen
Utah Law Review
An understanding of environmental law’s means and ends makes it possible to understand the field as a whole, both in terms of the overall structure of statutes and relationships between means and ends. This analysis of means and ends yields a host of valuable insights and significant research questions. It also provides an important foundation for evaluating proposed regulatory reforms. A reasonably complete theory, at a minimum, should also explain key features of the enforcement regime and the allocation of authority among governments. The theory of means and ends articulated here constitutes a very substantial step forward in constructing a …
Environmental Justice And Community-Based Reparations, Catherine Millas Kaiman
Environmental Justice And Community-Based Reparations, Catherine Millas Kaiman
Seattle University Law Review
This Article seeks to illuminate the lack of adequate legal remedies that are available for low-income, predominantly minority communities that have suffered historic environmental injustices. The Article not only discusses the lack of adequate legal remedies, but also proposes the use of local, state, and federal reparations programs for communities that have previously suffered environmental injustices; are still living with the effects of environmental injustices, by way of disease, air, soil, and water pollution; or are suffering current and ongoing environmental injustices. As has been recently illustrated by Michigan’s state action of providing lead-contaminated water for over a year to …
International Environmental Law And The Global South Edited By Shawket Alam, Sumudu Atapattu, Carmen G. Gonzalez, And Jona Razzaque, Nadia B. Ahmad
International Environmental Law And The Global South Edited By Shawket Alam, Sumudu Atapattu, Carmen G. Gonzalez, And Jona Razzaque, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
Annual Report Of Center For International Law And Justice: 2014-2015
Annual Report Of Center For International Law And Justice: 2014-2015
Annual Reports of the Center for International Law and Justice
No abstract provided.
Filling The Gaps In Canada's Climate Change Strategy: "All Litigation, All The Time…"?, Cameron Jefferies
Filling The Gaps In Canada's Climate Change Strategy: "All Litigation, All The Time…"?, Cameron Jefferies
Fordham International Law Journal
This Article is organized into five parts. Part I situates Canada’s climate change experience. In Part II, Canada’s regulatory response to climate change and its gaps are positioned within a troubling ongoing federal retreat from the environmental arena that seems to favor resource extraction and export. Parts III to V discuss the possibility for increased human rights-based climate litigation in the Canadian context—even in light of past failures—and consider an emerging public law approach. The Article concludes by commenting on the prospect of the climate change problem playing out in Canadian courts.
Appropriate Care Under The Brownfield Amendments: A Better Standard After The Fourth Circuit's Holding In Pcs Nitrogen V. Ashley Ii, Nicholas J. Ortolano Iii
Appropriate Care Under The Brownfield Amendments: A Better Standard After The Fourth Circuit's Holding In Pcs Nitrogen V. Ashley Ii, Nicholas J. Ortolano Iii
Seattle Journal of Environmental Law
No abstract provided.