Digital Commons Network^™

Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham

Sustainable Development Law & Policy

The disparate climate performances of Finland and the United States, two of the wealthiest countries in the world, bring to light the question of how corporate responsibility has been inspired in each jurisdiction. Having established the urgency of the climate crisis and the importance of corporate behavior in optimizing a given country’s approach to protection of the global environment, an examination of each nation’s legal frameworks may shed light on features of the corporate regime that are effective in advancing sustainability goals and those that are not.22 Part I of this paper establishes a comparative framework by providing background on …

Book Discussion "The War Below: Lithium, Copper, And The Global Battle To Power Our Lives"

The Journal of Social Encounters

No abstract provided.

Review Of The Intersectional Environmentalist: How To Dismantle Systems Of Oppression To Protect People + Planet, Raymond Appiah

The Journal of Social Encounters

No abstract provided.

Sabin Center For Climate Change Law Annual Report 2023, Sabin Center For Climate Change Law

Sabin Center for Climate Change Law

This year the Sabin Center for Climate Change introduces its first annual report, which highlights and synthesizes our cutting-edge research and innovative engagements in 2023.

Seeding A Movement: Indigenous Food Sovereignty, Mariaelena Huambachano

University of Miami Law Review

For many Indigenous peoples, well-being is bound up with and inseparable from the natural world. But since colonialism, Indigenous traditions and access to traditional foods or foodways have been disrupted, imperiling their health and well-being. In this Article, I discuss the role of Indigenous cosmovision/worldview and Indigenous Food Sovereignty in achieving environmental justice. Specifically, in this Article, I discuss that despite, or perhaps because of, efforts to deny Indigenous peoples’ access to healthy and culturally appropriate foods, Indigenous Food Sovereignty took a rise of preciousness in informing natural regenerative food systems, and ultimately, “holistic/collective well-being.”

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 …

Public Health Impacts And Intra-Urban Forced Displacement Due To Climate Gentrification In The Greater Miami Area—Community Lawyering For Environmental Justice And Equitable Development, Theresa Pinto, Abigail L. Fleming, Sabrina Payoute, Elissa Klein

University of Miami Law Review

Because Miami-Dade County is “ground zero” for such climate effects as sea-level rise and increasingly hazardous, climate-driven Atlantic hurricanes, the coral rock ridge that runs along the Eastern coast of South Florida is a prime target for redevelopment and “climate” gentrification. Through a community and movement lawyering for environmental justice approach, we partnered with local community organizations to contribute to the ongoing work of community-driven equitable development. In partnership, we developed an environmental public health study to understand and document the public health effects on disadvantaged communities in Miami-Dade County from forced intra-urban displacement due to redevelopment that is being …

Evolving Legal Conceptions Of “Energy Communities”, Uma Outka

University of Miami Law Review

The concept of “energy communities” has had long-standing and evolving significance in the United States and in other countries around the world. Under the Biden Administration, the term “energy communities” has acquired new legal meanings that differ by context and continue to evolve. This Article traces the shifting meaning of “energy communities” and examines how it relates to other dominant references to “communities” in the context of energy law and policy, including environmental justice, low-income, underserved, and disadvantaged communities, as well as newer community-scale energy system innovations, such as community solar or “advanced energy communities.” International comparisons, such as with …

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 …

Labor Rights In The Anthropocene: The Effects Of Climate Change On Undocumented Farm Workers, Sophia Anderson

Seattle Journal for Social Justice

No abstract provided.

Looking At The Past To Change The Future: Showcasing Featured Collections, Building Communities, And Co-Creating, Sherry Buchanan

Humboldt Journal of Social Relations

Academic libraries have the opportunity and the responsibility to promote and advance content that creates transformative and iterative learning opportunities. To that end, and in an effort to build communities and facilitate co-creation, Portland State University showcases three main Featured Collections in our open access repository, PDXScholar: Climate Justice, COVID-19, and Racial and Gender Equity, with a fourth pilot collection—Student Work: An Open Showcase of Outstanding Student-Created Research & Creative Work—under development. The collections include a broad range of audiovisual materials, such as podcasts and webinar series, as well as sustainability and equity work, student-created content, and numerous future-focused multidisciplinary …

Addressing The Climate Crisis Through Science And Art: The Value Of Interdisciplinary And Intergenerational Team Teaching, Megan Jacobs, Kineo Memmer

Honors in Practice Online Archive

The climate crisis is a growing concern for many people, especially those who are of college age, making it an important and pressing issue to explore in honors courses. Eco-Art: Using Art to Reconcile with the Climate Crisis, a University of New Mexico (UNM) Honors College course, integrates the disciplines of art and environmental justice to examine climate change and address the social and emotional toll of climate grief. The class was co-created and team taught by Associate Professor Megan Jacobs and UNM undergraduate honors and environmental science student Kineo Memmer. This article unpacks the methodologies and lessons learned from …

The Relationship Between Offshore Wind Farms And Marine Wildlife In Rhode Island, Hanna Lloyd, Ashley Caputo, Brendan Foley, Catherine Chadwick, Savannah Szamborski

ENV 334 Environmental Justice

Despite political and environmental controversy, research has shown that not only do offshore wind farms have minimal impact on birds, whales, and benthic organisms, but they can actually be beneficial to marine ecosystems. However, many Rhode Island and Massachusetts citizens are concerned that the construction of the Revolution wind farm will decrease the biodiversity of marine ecosystems. Current research refutes these claims on the negative impacts of offshore wind farms, stating that their construction benefits benthic communities, has little to no impact on the health of whales, and only temporarily impacts migrating bird species. New and innovative technology has found …

Flood Resiliency Planning: Historical Analysis And Youth Participation In Monongalia County, Wv, Josephine Q. Kemp-Rye, Jack P. Van Dusen, Kennedy Lawson

Undergraduate Scholarship

Flooding is a prevalent threat to community wellbeing, particularly in West Virginia where the mountainous topography and narrow valleys create perfect conditions for flood water to accumulate. To more deeply understand how hazards, such as flood events, become disastrous, we must consider not only the environmental/physical aspects, but also political, economic, and social dimensions. Thinking holistically about flood vulnerability acknowledges the influence of economic positioning, inadequate policies, industrial legacies, etc. which result in varied vulnerabilities to hazards within communities. The insights, knowledge, and experiences of local individuals and communities remain absent from domain top-down approaches to flood preparation. In an …

Rubbing Salt Into The Wound: Environmental Injustices In Prisons And The Difficulties Of Obtaining Relief, Savannah Markel

Journal of Criminal Law and Criminology

American prisons are often built near or on environmentally hazardous lands. Not only do prison locations affect prisoners’ health and well-being, but deteriorating confinement conditions exacerbate such safety and wellness risks. In seeking justice for these environmental violations, prison litigants often choose to raise claims under the Eighth Amendment’s Cruel and Unusual Punishment Clause. However, the Clause requires litigants to meet an extremely high—indeed, near-impossible—bar to succeed on their claims. Environmental justice advocates have proposed an alternative remedy which calls on the Environmental Protection Agency (EPA) to regulate environmental injustices in prisons. This Comment analyzes the difficulties of raising an …

Environmental Justice Is A Civil Rights Issue, Dennis Chavez Memorial Lecture (Sept. 22, 2022), Secretary Deb Haaland

Natural Resources Journal

No abstract provided.

Costuming The Californian Apocalypse: Sartorial Speculations Of Los Angeles's Future, Isabel Kramer

Scripps Senior Theses

With this project, I use fashion design as a medium to visually speculate a range of futures that exist in relation to different temporal apocalypses and dystopian world endings under the current capitalist structure. Three questions guided my thinking and creation of this project: What will people be wearing in 100 years in Los Angeles if we continue down our current path of late capitalism-induced climate change? How will this look differently for people who exist alongside different axes of oppression and who are affected by environmental racisms that manifest in the built environment of Los Angeles? How do dystopian …

Greening The Grounds: Mitigating Compost Contamination And Expanding Onsite Composting Practices In A Small Liberal Arts College Setting, Loren Mello

Scripps Senior Theses

In response to the growing need for sustainable waste management practices, the Farm Manager at Pomona College proposed redirecting food waste from offsite industrial composting to onsite composting at the Pomona Farm, expanding beyond kitchen waste to include student plate scrapings. This research aimed to address the anticipated challenges associated with this transition, including increased compost contamination, Farm staff labor, and operational work hours. To gain insights, a pilot program was conducted at Frank Dining Hall for one week, focusing on compost contaminants, food waste weight, collection and composting time, and additional qualitative measures. Findings from the pilot indicated that …

The Climate Crisis And The Class System: An Ethical Analysis, Alia Baig

Williams Honors College, Honors Research Projects

Climate change is a concerning subject that more and more people are beginning to care about. The climate crisis is continuing to affect populations across the globe and shows no signs of slowing. While everyone has been affected by climate change in some capacity, the climate crisis disproportionately affects low-income communities around the world and, specifically, within the United States. I plan to research the ethics of the relationship between climate change and the class system and the goal o f this project is to prove the claim that the class system is the reason for climate change's disproportionate effect …

Environmental Justice As Environmental Human Rights, John H. Knox, Nicole Tronolone

Vanderbilt Journal of Transnational Law

For many years, the environmental justice movement in the United States and the evolution of international human rights law concerning the environment have pursued parallel but separate paths, only occasionally noting that they share common concerns. This Article seeks to build a stronger bridge between them, in three ways.

First, it presents the most detailed restatement of environmental human rights law yet published. International human rights bodies have developed a robust environmental jurisprudence setting out concrete obligations on States, including procedural obligations to provide public access to environmental information, decision-making, and remedies, substantive obligations to adopt and enforce effective environmental …

Community-Centric Approaches To Coastal Hazard Assessment And Management In Southside Norfolk, Virginia, Usa, Dalya Ismael, Nicole Hutton, Mujde Erten-Unal, Carol Considine, Tancy Vandecar-Burdin, Christopher Davis, Yin-Hsuen Chen

Engineering Technology Faculty Publications

Urban communities in environmentally sensitive areas face escalating challenges due to climate change and inadequate infrastructural support, particularly in underserved regions like southside Norfolk, Virginia. This area, characterized by its vulnerability to flooding and a predominantly low-income population, lacks equitable inclusion in broader urban flood protection plans. This research focuses on the development of community-centered resilience strategies through active engagement and collaboration with local residents. The methodology centered around building trust and understanding within the community through a series of interactions and events. This approach facilitated a two-way exchange of information, enabling the research team to gather crucial insights on …

Environmental Justice Beyond 2°C, Clifford Villa

Faculty Scholarship

In the last four decades, average temperatures have risen significantly across the United States, with Alaska and New Mexico among the fastest warming states. Since 1970, average temperatures in New Mexico have risen 3.5 degrees Fahrenheit (°F)—or nearly 2 degrees Celsius (°C). The international scientific community has urged world leaders to contain global warming above pre-industrial levels to 1.5°C ideally, and to 2°C at worst. Current trajectories, however, suggest we may shoot past 2°C of global warming this century and enter a world of 3-4°C or beyond... The “trade offs” and “letting go” as we confront the looming 4°C world …

A New Day For Environmental Justice At The U.S. Epa, Clifford Villa

Faculty Scholarship

September 24, 2022, was a big day in the history of the EPA. On this day, EPA Administrator Michael Regan signed an order creating a new Office of Environmental Justice and External Civil Rights (“OEJECR”) within the EPA. We’re very excited about our new office of environmental justice at the EPA. However, the EPA takes environmental justice seriously across all the offices, including my own Office of Land and Emergency Management (“OLEM”).

In this lecture, we will begin with some early history of environmental justice, how we realized the existence of environmental injustice in the first place. Then we’ll talk …

Old And New Environmental Racism, Tseming Yang

Utah Law Review

Over the past five decades, the U.S. Environmental Protection Agency (“EPA”) moved from purposeful disregard of environmental racism to a public embrace of environmental justice as an organizational priority. Unfortunately, its efforts to address environmental discrimination remain a work-in-progress. This Article posits that the Agency’s core difficulties have arisen out of its reluctance to accept the continuing salience of race and the substantive implications for its regulatory work. It has blinded the Agency to the evolving manifestations of environmental discrimination and associated harms. The effect has been to impede the aggressive enforcement of antidiscrimination laws, particularly the discriminatory effects regulations …

Curation And Analysis Of Ai Ready Environmental Justice Datasets : A Proof-Of-Concept Study, Paridhi Parajuli

Theses

Equity and Environmental Justice (EEJ) advocates for unbiased distribution of environmental impacts across communities, regardless of social and economic characteristics. After extreme events like natural disasters, EEJ gains importance due to evident disparities in impact among communities. Addressing these injustices requires comprehensive datasets and analytical methods for quantification and resolution. While AI and advanced data analysis offer promising solutions, creating AI-ready EEJ datasets is challenging due to heterogeneity in the data surrounding EEJ. In this work, we focus on curating novel datasets for EEJ targeting a few recent extreme events - Maui Wildfire, Hurricane Harvey, and Hurricane Ida. We demonstrate …

Culture & Contamination On The Fort Hall Indian Reservation, Sidney Upsis Fellows

Graduate Student Theses, Dissertations, & Professional Papers

The land-based culture of our Shoshone-Bannock Tribes reflects our ability to live a healthy and good life by connecting to the land physically and spiritually in ways of respect, accountability, and other traditions that uphold land-human relations. In consideration of the settler colonialism that has spread across Turtle Island (a.k.a., North America) over the past 500 years, appropriation and contamination of land puts land-based cultures at stake. For the Shoshone-Bannock, two Superfund sites, a result and ongoing issue of settler colonialism, present an issue of environmental justice for the Tribes. This thesis seeks to provide a holistic understanding of our …

Are Race-Based Environmental Justice Policies Safe?, Oday Salim

Other Publications

In recent years, we have seen a signiicant volume of federal and state environmental justice policy with attorneys general developing enforcement plans focused on environmental justice. Environmental and conservation agencies have adopted limited English proiciency (LEP) plans to ensure that LEP individuals are not let out of decision-making processes. And, in some states, there are environmental justice laws on the books that impact public hearings, siting, and permitting. Many of these recent policies require the government to consider race directly or indirectly when making decisions. In light of recent jurisprudence on the legality of race-conscious state action—particularly the U.S. Supreme …

Reforming The Federal Regulatory Review Process, Joanne Spalding, Andres Restrepo

FIU Law Review

For decades, the Office of Information and Regulatory Affairs (OIRA) has overseen the development of federal regulatory policies with a strong emphasis on benefit-cost analysis. Despite its conceptual appeal, this analytic tool consistently shortchanges environmental and public health protection, with especially negative consequences for environmental justice communities. In this article, we address some of those shortcomings, focusing in particular on the standard agency practice of arithmetically discounting regulatory costs and benefits that accrue in the future. We propose that the OIRA abandon this practice as it relates to non-market goods, such as human lives saved, and instead work toward a …

Looking At The Past To Change The Future: Showcasing Featured Collections, Building Communities, And Co-Creating, Sherry Buchanan

Library Faculty and Staff Publications and Presentations

Academic libraries have the opportunity and the responsibility to promote and advance content that creates transformative and iterative learning opportunities. To that end, and in an effort to build communities and facilitate co-creation, Portland State University showcases three main Featured Collections in our open access repository, PDXScholar: Climate Justice, COVID-19, and Racial and Gender Equity, with a fourth pilot collection—Student Work: An Open Showcase of Outstanding Student-Created Research & Creative Work—under development. The collections include a broad range of audiovisual materials, such as podcasts and webinar series, as well as sustainability and equity work, student-created content, and numerous future-focused multidisciplinary …

The ‘Surplus’ Of Siem Reap: A Comparative Study Of Cambodia’S Urban Recyclers, Karin Schroeder

Student Theses 2015-Present

The modern influx of consumer goods and waste from Western, capitalistic economies to Southeast Asian countries has amassed unprecedented amounts of solid waste. With no pre-existing, formal recycling infrastructure, managing recyclables fell to the informal sector. Driven to informal work by slow job growth, limitations to educational attainment, no pre-existing capital, disability, landlessness, or gender norms, a surplus of urban recyclers have emerged to uphold a waste commodity chain that returns value to discarded material while cleaning up urban environments. Despite providing an invaluable service, these waste pickers, buyers, and depot workers are rarely treated with respect by their communities …