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Lamarck Revisited: The Implications Of Epigenetics For Environmental Law, Michael P. Vandenbergh, David J. Vandenbergh, John G. Vandenbergh

Vanderbilt Law School Faculty Publications

For generations, a bedrock concept of biology was That genetic mutations are necessary to pass traits from one generation to the next, but new developments in genetics are challenging this fundamental assumption. A growing body of scien- tific evidence demonstrates that chemical alteration of the way a gene functions, whether through exposure to chemicals, foods or even traumatic experiences, may not only affect the exposed individual, but also the individual's offspring for two generations or more. This interaction between genes and the environment, known as epigenetics, has revolutionized the understanding of how genes are expressed within an individual and how …

The Baseline Bar, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Trust Or Bust: Complications With Tribal Trust Obligations And Environmental Sovereignty, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Environmental Justice Litigation In California: How Effective Is Litigation In Addressing Slow Violence?, Deedee Chao

CMC Senior Theses

As the environmental justice movement has spread and become more mainstream since its start in the 1980s, its framework and body of knowledge has expanded, and environmental justice activists, organizers, and scholars have developed and critiqued different methods through which environmental justice can be pursued. Among its relatively new concepts is the idea of slow violence, or the long-term and continuous impacts of environmental injustices on an afflicted community; and among the methods examined by scholars is environmental justice litigation, where legal action is taken, often with members of an affected community as plaintiffs, to remedy environmental injustices within that …

Recent Developments In Climate Justice, Randall S. Abate, Rachel Jean-Baptiste, Maria Antonia Tigre, Patricia Ferreira, Wil Burns

Journal Publications

Climate justice can be defined generally as addressing the disproportionate burden of climate change impacts on poor and marginalized communities. It seeks to promote more equitable allocation of these burdens at the local, national, and global levels through proactive regulatory initiatives and reactive judicial remedies that draw on international human rights and domestic environmental justice theories. Yet, efforts to define climate justice as a field of inquiry remain elusive and underinclusive; a recent book, Climate Justice: Case Studies in Global and Regional Governance Challenges (ELI Press 2016), seeks to fill that void by providing an overview of the landscape of …

Agenda: Flpma Turns 40, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

FLPMA Turns 40 (October 21)

The Bureau of Land Management (BLM) administers approximately 245 million acres of our public lands and yet, for most of our nation's history, these lands seemed largely destined to end up in private hands. Even when the Taylor Grazing Act of 1934 ushered in an important era of better managing public grazing districts and "promoting the highest use of the public lands," such use of our public lands still was plainly considered temporary, "pending its final disposal." It was not until 1976 with the passage of the Federal Land Policy and Management Act (FLPMA) that congress adopted a policy that …

Citizens Of Sinking Islands: Early Victims Of Climate Change, Erin Halstead

Indiana Journal of Global Legal Studies

This Note discusses the effects of climate change that threaten Small Island Developing States (SIDS). Specifically, with increasing global greenhouse gas (GHG) emissions resulting in rising sea levels and higher frequency of extreme weather events, many citizens of SIDS are forced abandon their homelands, which are no longer livable. Although SIDS are some of the smallest contributors to GHG emissions, and therefore contribute the least to climate change, SIDS are some of the countries most heavily affected by the negative effects of climate change. The global community has an obligation to accommodate these displaced people, partially due to the significant …

Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

A Celebration of the Work of Charles Wilkinson (Martz Winter Symposium, March 10-11)

Conference held at the University of Colorado, Wolf Law Building, Wittemyer Courtroom, Thursday, March 10th and Friday, March 11th, 2016.

Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, William Boyd, Kristen Carpenter, Britt Banks, Harold Bruff, Richard Collins, Carla Fredericks, Mark Squillace, and Charles Wilkinson

"We celebrate the work of Distinguished Professor Charles Wilkinson, a prolific and passionate writer, teacher, and advocate for the people and places of the West. Charles's influence extends beyond place, yet his work has always originated in a deep love of and commitment to particular places. We …

The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Event Poster, Professor Keith Rizzardi

Lectures and Presentations

The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present a lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.

The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Text Of Speech, Professor Keith Rizzardi

Lectures and Presentations

The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present the Second Annual Climate and Energy Justice Lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.

The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Slides And Data Presentation, Professor Keith Rizzardi

Lectures and Presentations

The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present the Second Annual Climate and Energy Justice Lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.

Traditional Ecological Rulemaking, Anthony Moffa

Faculty Publications

This Article examines the implications of an increased role for Traditional Ecological Knowledge (TEK) in United States agency decisionmaking. Specifically, it contemplates where TEK might substantively and procedurally fit and, most importantly, whether a final agency action based on TEK would survive judicial scrutiny. In the midst of a growing body of scholarship questioning the wisdom of deference to agency expertise9 and the legitimacy of the administrative state writ large,10 this Article argues that there remains an important space in administrative rulemaking for the consideration of ways of understanding that differ from traditional Western norms. TEK can and should fill …

In Defense Of Ecosystem Services, J.B. Ruhl

Vanderbilt Law School Faculty Publications

The path of ecosystem services as a theme in environmental law and policy spans my practice (1982-1994) and academic (1994-present) careers. The importance of nature to human well-being seems so obvious one would think it has been front and center in environmental law and policy since the beginning, but, until recently, that has not been the case. Lately, however, the ecosystem services framework has catapulted this theme into prominence, if not dominance, in environmental discourse.

Exposed: Asking The Wrong Question In Risk Regulation, Catherine O'Neill

Faculty Articles

Environmental agencies determine the future state of our air, waters, and soil by reference to people’s recent-past practices. Agency exposure assessors inquire “to what are people exposed?”, and then set health-based standards accordingly. That is, they require environmental conditions sufficient to support only people’s contemporary pursuits. This Article observes that this approach suffers from several infirmities, such that exposure assessment as practiced fails to advance – and often undermines – the health-based goals of environmental and other laws. This Article examines the development of exposure assessment at EPA to uncover how agencies’ inquiry came to focus on contemporary behaviors, rather …

The Human Right To Clean Air: A Case Study Of The Inter-American System, Varun K. Aery

Seattle Journal of Environmental Law

Combatting environmental damage has become a primary goal of the international community. Unfortunately, international human rights law has not taken this aim seriously. Although the Inter-American regional human rights system, one of three regional human rights institutions, empathizes with protecting the environment, it enervates such goals by barring victims of air pollution and climate change from access to judicial remedies. Seeking to bridge the gap between human rights law and environmental protection, this article explains why clean air is a human right, develops the positive content for such a right, and evaluates the practical reasons that justify the right’s importance. …

Subnational Discretion Mediating New Climate Regulatory Challenges, Steven Ferrey

San Diego Journal of Climate & Energy Law

Subnational units of government are critical actors in the U.S. federalist scheme of regulation. It was the original 13 colonies/states which were the core of the American experiment, and banded together as a nation for common defense and commerce after fighting for independence from the United Kingdom. The Constitution vested in the new federal government the treaty and war powers, as well as powers over interstate commerce.

California's Redd Rubberstamp: Avoiding Constitutional Concerns, But At What Cost?, Ryan Mock

Environmental and Earth Law Journal (EELJ)

The purpose of this note is to examine the issues surrounding California's carbon market, the challenges of effectively regulating such a market that allows domestic companies to purchase carbon credits generated abroad, and the need for federal intervention if carbon trading is to become an effective and ethical reality in the United States. This note also provides background on the United Nation's REDD (Reducing Emissions from Deforestation and Degradation) programs, as well as covers the history of California's Global Warming Solutions Act of 2006. In addition, this note explains the problems California has with negotiating with foreign governments since those …

Engines Of Environmental Innovation: Reflections On The Role Of States In The U.S. Regulatory System, Alexandra Dapolito Dunn, Chandos Culleen

Pace Environmental Law Review

This article focuses on the role that states play in environmental regulation. Specifically, this article offers examples of the central part in the evolution of United States environmental regulation states played in the past, continue to play today, and will play in the future. First, this article explores the history of state environmental regulation, demonstrating that despite a lack of resources, states were actively engaged in environmental regulation before the advent of the modern era of federal environmental regulation in the 1970s. This article relates not only the regulatory efforts of states, but also the practical benefits of state regulation. …

Pace Environmental Law Review 2015 Symposium: Reconceptualizing The Future Of Environmental Law, Cayleigh S. Eckhardt

Pace Environmental Law Review

Pace Environmental Law Review's 2015 Symposium, entitled Reconceptualizing the Future of Environmental Law, can be traced back to over a year ago when a few Pace Environmental Law faculty members approached me and Katie Hatt, the Managing Editor of the law review, with an idea.1 No, not an idea, rather a question. They simply asked us, “what do you think the future holds for environmental law?” This question transformed into an extensive conversation about the past, the present, and the future of environmental law.

Trends In Environmental Law Scholarship 2008-2014, Michael P. Vandenbergh, Linda K. Breggin, Jamieson Brock, Clarke Agre

Vanderbilt Law School Faculty Publications

The Environmental Law and Policy Annual Review (ELPAR) is published by the Environmental Law Institute's (ELI's) Environmental Law Reporter in partnership with Vanderbilt University Law School. ELPAR provides a forum for the presentation and discussion of the best ideas about environmental law and policy from the legal academic literature. As part of the article selection process each year, Vanderbilt University Law School students assemble and review the environmental law articles published during the previous academic year. In this Comment, we draw on the results of the ELPAR article selection process to report on trends in environmental legal scholarship for academic …

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 …

Climate Change & The Public Trust Doctrine: An Analysis Of Atmospheric Trust Litigatin, Kassandra Castillo

San Diego Journal of Climate & Energy Law

As Professor Charles Wilkinson explains, “The public trust doctrine is rooted in the precept that some resources are so central to the well-being of the community that they must be protected by distinctive, judge-made principles.” Because a healthy and habitable atmosphere is essential to the survival of the human race, it is imperative that the public trust doctrine be interpreted in a way to include the atmosphere within its scope. Civil litigation is an effective legal mechanism to expand the public trust doctrine’s scope by way of the judiciary. Once a state judiciary can determine the applicability of the public …

Vulnerability And Power In The Age Of The Anthropocene, Angela P. Harris

Washington and Lee Journal of Energy, Climate, and the Environment

Feminist legal theorist Martha Fineman has suggested that recognition of universal human “vulnerability” should be the starting point for thinking about the state’s obligations to its citizens. This Article argues that Fineman’s concept of vulnerability is valuable for situating political and legal theory within a concern for the natural world. We live in what some scientists have dubbed the Anthropocene—an age in which our collective behavior has serious implications for the flourishing of all life on earth. The concept of “ecological vulnerability” recognizes that humans are vulnerable not only because they age, become ill, and die, but because their survival …

Water You Waiting For? Balancing Private Rights And Public Necessity In The South Atlantic Wetlands, Alison Leary

Washington and Lee Journal of Energy, Climate, and the Environment

A healthy and robust network of wetlands protects coastal communities from storm damage caused by hurricanes. Unfortunately, development pressures threaten wetlands along the South Atlantic coast, the region most susceptible to an increased risk of climate change induced hurricanes. If these wetlands are not protected from destruction, coastal communities will be left without a buffer against flooding, storm damage, and sea level rise. In addition to putting the public at large in physical danger, significant environmental justice concerns accompany the failure to protect coastal wetlands. In order to protect these ever-diminishing resources, federal and state law makers have enacted regulatory …

Trends In Environmental Law Scholarship 2008-2013, Michael P. Vandenbergh, Linda K. Breggin, David L. Stabb, Emma T. Doineau

Vanderbilt Law School Faculty Publications

As part of the article selection process each year, Vanderbilt University Law School students assemble and review the environmental law articles published during the previous academic year. In this Article, we draw on the results of the ELPAR article selection process to report on trends in environmental legal scholarship for academic years 2008-2013.

Specifically, this Article reports on the number of environmental law articles published in general law reviews and environmental law journals. We find that although the total varied somewhat from year to year, more than 400 environmental law articles were published each year during the 2008-2013 period. Additionally, …

Global Environmental Law At A Crossroads: Introduction, Robert V. Percival, Jolene Lin, William Piermattei

Faculty Scholarship

No abstract provided.

A Step By Step Look At Uarg V. Epa: A New Layer Of Greenhouse Gas Regulation, Kevin O. Leske

Faculty Scholarship

No abstract provided.

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

Elisabeth Haub School of Law Faculty Publications

This paper explores the argument that human transformation of Earth's systems is eclipsing the international law-making of nation states. Globally the processes of trade law or environmental law often progress transnationally, with little direction by national governments. Intergovernmental and non-governmental international organizations act with autonomy, apart from nations. To be clear, nation states still are the major players in world order, but trends of sustainable development or social networked communications transcend individual nations. Whether viewed as environmental law or sustainability law, this body of law exists at once globally and locally; it is different in kind from the Westphalia legacy …

Climate Change And Environmental Justice: Lessons From The California Lawsuits, Alice Kaswan

San Diego Journal of Climate & Energy Law

This essay does not debate the political wisdom of suing; instead, it takes the suits as a given and attempts to enhance understanding of the environmental justice community’s climate justice agenda. It describes the role of environmental justice in the development of California’s climate law, AB 32, describes the lawsuits, and suggests some of the larger lessons about climate policy, cap-and-trade, and environmental justice that these lawsuits reveal. Ultimately, the environmental justice lawsuits highlight two primary themes: (1) the importance of a holistic approach to climate change policy that recognizes and integrates its multiple dimensions, including co-pollutant implications; and (2) …

Berkeley Law's Student-Initiated Legal Services Projects, David Oppenheimer, Susan Schechter, Shalini Swaroop, Trish Keady

Journal of Legal Education

No abstract provided.