Digital Commons Network^™

Erosion-Induced Community Displacement In Newtok, Alaska And The Need To Modify Fema And Nepa To Establish A Relocation Framework For A Warming World, Ashley Rawlings

Seattle Journal of Environmental Law

No abstract provided.

Annual Report Of Center For International Law And Justice: 2013-2014

Annual Reports of the Center for International Law and Justice

No abstract provided.

Hydrofracking And Enviromental Justice: A Proposal To Lower The Threshold For Evidence Of Discriminatory Impact In Title Vi Complaints, Mfon Etukeren

Seattle Journal of Environmental Law

No abstract provided.

Permitting Problems: Environmental Justice And The Miccosukee Indian Tribe, Charles Prior

Environmental and Earth Law Journal (EELJ)

The Miccosukee Tribe of Indians is a federally recognized tribe that works and resides in the Everglades region of the State of Florida. The Miccosukee have been battling lax water quality standards through lawsuits since the 1990’s. Recent rulings in federal court held that the State of Florida has failed to comply with the Clean Water Act and ordered the Environmental Protection Agency to set nutrient criteria for the water bodies in the state of Florida until the Florida Department of Environmental Protection complies with the Clean Water Act.

This article uses the principles of environmental justice to analyze ways …

Annual Report Of Center For International Law And Justice: 2012-2013

Annual Reports of the Center for International Law and Justice

No abstract provided.

Public Participation In Brownfield Redevelopment: A Framework For Community Empowerment In Zoning Practices, Jenny J. Tang

Seattle Journal of Environmental Law

No abstract provided.

Book Review, David R. Boyd, The Environmental Rights Revolution: A Global Study Of Constitutions, Human Rights, And The Environment, Bradford Mank, Suzanne Smith

Faculty Articles and Other Publications

David R. Boyd’s book entitled, The Environmental Rights Revolution: A Global Study of Constitutions, Human Rights, and the Environment, provides a comprehensive overview of nations that have incorporated the right to a healthy environment in their constitutions. Throughout his research, Boyd analyzes the effectiveness of environmental protection provisions in national constitutions and seeks to determine whether constitutional provisions guaranteeing the right to a healthy environment have measurable, positive effects on the environment. His wide-ranging compilation and analysis of environmental rights provisions in numerous countries is an important contribution to international human rights literature. Although Boyd explains that treating the right …

Keynote: Sustaining Society In The Anthropocene Epoch, Nicholas A. Robinson

Denver Journal of International Law & Policy

No abstract provided.

The Duty To Advise The Lorax: Environmental Advocacy And The Risk Of Reform, Keith W. Rizzardi

William & Mary Environmental Law and Policy Review

Lawyers have an ethical duty to advise their clients on moral, economic, social, and political matters. When applied to the changing field of environmental law, this abstract notion becomes provocative. Lawyers should advise their environmental advocacy clients of the possibility that their efforts to apply statutes or rules might initially succeed, but subsequent legislative reactions might defund, reform, or repeal the laws the client’s case relied upon. As a client’s sophistication decreases, or as the risk of adverse reactions to the client’s environmental advocacy increases, the lawyer’s duty to advise the client of these risks can shift from discretionary to …

Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade,, Shelley Welton

Faculty Publications

No abstract provided.

Environmental Courts And Tribunals: How Can Nations Tackle The Growing Demand For Justice On Environmental Issues?, Erica Woodruff

Denver Journal of International Law & Policy

No abstract provided.

India's Environmental Trump Card: How Reducing Black Carbon Through Common But Differentiated Responsibilities Can Curb Climate Change, Anjail D. Nanda

Denver Journal of International Law & Policy

No abstract provided.

The Future Of Environmental Dispute Resolution, George (Rock) Pring, Catherine (Kitty) Pring

Denver Journal of International Law & Policy

No abstract provided.

Being Virtuous And Prosperous: Sri's Conflicting Goals, Benjamin J. Richardson

All Papers

No abstract provided.

The Legal Cetacean: A Select Bibliography On Whales And International Whaling, Amy Burchfield

International Journal of Legal Information

No abstract provided.

A Human Rights Approach To Corporate Accountability And Environmental Litigation, Oscar Omar Salazar-Duran

University of San Francisco Law Review

This Comment explores how a human rights approach would provide a more efficient means of achieving compensation and deterring environmental law violations.

The Colonia And The Landfill: Colonias Development Council V. Rhino Environmental Services, Inc., Kristina Fisher

Student Thesis Honors (1996-2008)

On July 18, 2005, the New Mexico Supreme Court handed down a groundbreaking decision in Colonias Development Council v. Rhino Environmental Services, Inc., requiring the New Mexico Environment Department (NMED) to take environmental justice criteria into consideration during solid waste facility permitting decisions. When the New Mexico Supreme Court overruled the agency and required it to consider the social impact and regional proliferation of waste sites in its Solid Waste Act permitting decisions, it signaled a substantial shift in the interpretation of New Mexico environmental law. In the aftermath of Rhino, the agency revised its Solid Waste Act regulations to …

Are Public Facilities Different From Private Ones?: Adopting A New Standard Of Review For The Dormant Commerce Clause, Bradford Mank

Faculty Articles and Other Publications

On September 26, 2006, the Supreme Court granted certiorari in United Haulers Association Inc. v. Oneida-Herkimer Solid Waste Management Authority to decide the important issue of whether local governments may require that all waste in their jurisdiction be sent to a publicly-owned waste facility and thereby discriminate equally against both local and out-of-state private firms. The dormant Commerce Clause doctrine (DCCD) grants federal courts authority to invalidate state/local laws that discriminate against foreign goods/firms. The Court has adopted an overly broad per se test that invalidates any local law that theoretically discriminates against foreign firms, even if there is no …

Modern Public Trust Principles: Recognizing Rights And Integrating Standards, Alexandra B. Klass

ExpressO

The public trust doctrine has a long history from its beginnings as an obligation on states to hold lands submerged under navigable waters in trust for the public, to its resurgence in the 1970s as a protector of natural resources, to its influence on state statutory and constitutional law as the public embraced environmental protection principles. However, many have argued that the public trust doctrine has not lived up to its potential as a major player in environmental and natural resources law. This article proposes a new framework for the public trust doctrine as a state tool for environmental protection …

Justice Stevens, Judicial Power, And The Varieties Of Environmental Litigation, Kenneth A. Manaster

Fordham Law Review

No abstract provided.

The Human Right To Environment And The Peaceful Use Of Nuclear Energy, Luis E. Rodriguez-Rivera

Denver Journal of International Law & Policy

No abstract provided.

Weighing And Balancing Social And Economic Considerations Of Siting Landfills To Address Environmental Justice Concerns, Sharon Shaheen

Student Thesis Honors (1996-2008)

Environmental justice in permitting new landfills is best addressed as one element of many weighed in an agency discretionary decision-making process. Siting landfills necessarily includes consideration of technical, social, economic and political issues. Currently, the landfill permitting process in New Mexico examines only technical, scientific, and geological factors. In effect, a permit must be granted if all of the technical specifications and notice requirements are met. To adequately address all of the impacts on a community when a landfill is sited nearby, an agency should have both the discretion to weigh and balance all relevant factors and the authority to …

J.B. Ruhl's "Law-And-Society System": Burying Norms And Democracy Under Complexity Theory's Foundation, Jeffrey Rudd

William & Mary Environmental Law and Policy Review

No abstract provided.

Water Justice In South Africa: Natural Resources Policy At The Intersection Of Human Rights, Economics, & Political Power, Rose Francis

ExpressO

This paper analyzes water as a social justice issue in South Africa, a nation that has undergone tremendous political and legal transformations over the last fifteen years, but whose population nonetheless continues to suffer from severe inequities in access to freshwater resources. In light of growing water scarcity worldwide, this paper highlights that legal treatment of water resources has significant socioeconomic and distributive justice impacts, even in progressive constitutional democracies that have embraced principles of human rights and international legal norms. The paper explores historical changes in South African water law and evaluates the current political and legal status of …

The (Non)Uniqueness Of Environmental Law, Jay D. Wexler

Faculty Scholarship

In everyday discourse, the label "environmental law" signifies a distinct and unique area of the law. The uniqueness of environmental law stems most obviously from the subject matter of environmental legislation and regulation. But does environmental law also differ from other areas of law with respect to how judges ought to approach deciding cases? Should judges act differently somehow when they are deciding an environmental law case as opposed to, for example, a labor law or banking law case? At least one influential scholar - Richard Lazarus of the Georgetown University Law Center - has argued that the distinctive features …

Suburban Sprawl, Jewish Law, And Jewish Values, Michael E. Lewyn

ExpressO

The article explains how automobile-dependent suburban sprawl is in conflict with Jewish law and Jewish values. This is so in three ways. First, Jewish law requires Jews to make the poor self-supporting- but suburban sprawl creates welfare dependency by making it impossible for poor people without cars to reach jobs in auto-dependent suburbs. Second, Jewish law requires Jews to walk rather than ride to services on holy days- but in most low-density suburbs, very few people can live within walking distance of a synagogue (or anything else for that matter). Third, Jewish law has traditionally discouraged development of rural land …

Environmental Accountability And Public Involvement, Leroy C. Paddock

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Are Anti-Retaliation Regulations In Title Vi Or Title Ix Enforceable In A Private Right Of Action: Does Sandoval Or Sullivan Control This Question?, Bradford Mank

Faculty Articles and Other Publications

Recently, the federal circuit courts of appeal have divided in addressing to what extent either Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972 protects those who complain about racial or gender discrimination from retaliation by their employers or schools. Neither Title VI nor Title IX explicitly prohibits retaliation by recipients. However, various federal agencies have issued specific Title VI or IX regulations that explicitly prohibit retaliation by recipients. Title IX "was modeled after Title VI . . ., which is parallel to Title IX except that it prohibits race discrimination, …

Just Keep Swimming: Guiding Environmental Stewardship Out Of The Riptide Of National Security, Julie G. Yap

Fordham Law Review

No abstract provided.

The Environmental Commerce Clause, Christine A. Klein

UF Law Faculty Publications

This Article studies every commerce clause decision of the modem Supreme Court that involves the scope of governmental authority to regulate the use of natural resources. These decisions comprise what I will call the environmental commerce clause—the Court's interpretation of the limits mandated by the commerce clause upon federal and state legislation protecting natural resources. Overall, the Court has been limiting the scope of the affirmative commerce clause while simultaneously expanding the reach of the dormant commerce clause. As a result, both federal and state efforts to protect the natural environment have been rendered constitutionally suspect.

This study supports two …