Law Commons^™

Mother Drone, Mother Nature: The Griffon Vulture And Israel’S Military, Irus Braverman

Journal Articles

No abstract provided.

Release The River: Recognizing Legal Rights For Natural Objects To Remedy Continuing Issues In American Environmental Law, Eamon Danieu

Buffalo Law Review

No abstract provided.

Adirondack Land Use Under The “Forever Wild” Clause After Protect!, Todd Thomas

Buffalo Environmental Law Journal

No abstract provided.

Comparing Colonial Water Legacies: Flow And Stagnation In Legal Development, Erum Sattar

Buffalo Environmental Law Journal

No abstract provided.

How Existing Securities Law Authorizes The Sec To Mandate And Regulate Sustainability Reporting, Kenya Rothstein

Buffalo Environmental Law Journal

No abstract provided.

Transcript, Zulene Mayfield, Carol Kazeem, Kearni Warren, Kyle Powis Whyte, Ana Baptista, Jacqui Patterson, Dorcas Gilmore

Panel III: Moving Forward

No abstract provided.

Transcript, Zulene Mayfield, Will Jones, Tyler White, Chantal Reyes, Maria Lopez-Nuñez, Steph Tai

Panel II: Reshaping EJ Law & Social Policy

No abstract provided.

Transcript, Zulene Mayfield, Louis Morse, Sheila Foster, Michael Churchill, Gilbert Carrasco, Mike Ewall

Panel I: Learning from Title VI

No abstract provided.

The Role Of International Law In The Food–Energy–Water Nexus, Waseem Ahmad Qureshi

Buffalo Environmental Law Journal

The current relationship of water, food, and energy is deeply entangled as it functions within different sectors, such as industry and agriculture, the latter of which water is essential for irrigating crops. Similarly, adequate water storage facilities are also required for hydroelectricity generation. Moreover, in many regions, electrical energy is used to operate tube wells for extracting groundwater to irrigate crops for food. Within the intricate nature of the mutual relationship of water, energy, and food, each plays its role in ensuring the security of the others. For instance, both energy security and food security are dependent upon water security, …

Lake Erie Bill Of Rights Struck Down: Why The Rights Of Nature Movement Is A Nonviable Legislative Strategy For Municipalities Plagued By Pollution, Kathleen M. Mannard

Buffalo Environmental Law Journal

No abstract provided.

Muddying The Waters: The Need For More Clarity Under The Clean Water Act, Georgia D. Reid

Buffalo Environmental Law Journal

No abstract provided.

One Man’S Trash: Constitutional Principles Of Federalism And Privacy Implicated In San Francisco’S Mandatory Recycling Ordinance And Future Similar Legislation, J. Tyler Smith

Buffalo Environmental Law Journal

No abstract provided.

Green Energy V. The Constitution: New York State’S Battle With Home Rule Provisions In The Age Of Environmentalism, Alexa L. Archambault

Buffalo Law Review

In the era of metal straws, reusable grocery bags, and glass water bottles, there is no doubt society is becoming more and more environmentally conscious. This ecological ethos has manifested itself inhuge policy shifts away from traditional fossil fuel energy and toward renewable energy, such as wind and solar power. Lawmakers throughoutthe world are making agreements and commitments aimed at decreasingreliance on fossil fuels. In the United States, New York State has taken a leading role in the quest toward renewable energy. With New York State’s ambitious climate goals, though, have come serious encroachments on powers traditionally held by local …

Environmental Justice, Settler Colonialism, And More-Than-Humans In The Occupied West Bank: An Introduction, Irus Braverman

Journal Articles

Our special issue provides a first-of-its kind attempt to examine environmental injustices in the occupied West Bank through interdisciplinary perspectives, pointing to the broader settler colonial and neoliberal contexts within which they occur and to their more-than-human implications. Specifically, we seek to understand what environmental justice—a movement originating from, and rooted in, the United States—means in the context of Palestine/Israel. Moving beyond the settler-native dialectic, we draw attention to the more-than-human flows that occur in the region—which include water, air, waste, cement, trees, donkeys, watermelons, and insects—to consider the dynamic, and often gradational, meanings of frontier, enclosure, and Indigeneity in …

Environmental Justice And Pennsylvania's Environmental Rights Amendment: Applying The Duty Of Impartiality To Discriminatory Siting, Jacob Elkin

Panel II: Reshaping EJ Law & Social Policy

Since the 1970s, there has been a growing awareness that environmental hazards are disproportionately sited in low-income communities and communities of color. Under the label of the environmental justice movement, community groups have pursued various means to fight against the discriminatory concentration of environmental burdens in their neighborhoods. Yet in its Civil Rights Act and Equal Protection Clause jurisprudence, the Supreme Court has largely shut the door on federal environmental justice litigation by requiring plaintiffs to prove that the government acted with discriminatory intent in its siting and permitting decisions.

This Note argues that Pennsylvania’s Environmental Rights Amendment provides an …

Climate Change And Causation: Joining Law And Climate Science On The Basis Of Formal Logic, Petra Minnerop, Friederike Otto

Buffalo Environmental Law Journal

No abstract provided.

Coal Shines A Light On The Need For A Just Energy Transition In The United States, Patrick R. Baker, Blake Tims

Buffalo Environmental Law Journal

No abstract provided.

Practical Alternatives To The Rule Of Joint And Several Liability: Regulatory Negligence As A Case Study, Boaz Segal

Buffalo Environmental Law Journal

No abstract provided.

Governor Northam’S Executive Order 43: One Stone And Two Birds For Virginia Energy Policy, Antonia M. Douglas

Buffalo Environmental Law Journal

No abstract provided.

Tpp And Environmental Regulation, Errol Meidinger

Contributions to Books

Published as Chapter 8 in Megaregulation Contested: Global Economic Ordering After TPP, Benedict Kingsbury, David M. Malone, Paul Mertenskötter, Richard B. Stewart, Thomas Streinz & Atsushi Sunami, eds.

This article examines the environment-related provisions of the Trans-Pacific Partnership Agreement (TPP) to assess how and how much they contribute to a larger megaregulatory program for the Asia-Pacific region. The TPP calls for ‘high levels’ of environmental protection and effective enforcement; incorporates duties from several multilateral environmental agreements; adds new provisions addressing several important environmental problems; mandates administrative best practices; promotes corporate social responsibility and the use of voluntary certification systems; and …

Earth Democracy: Sustainability, Justice And Peace, Vandana Shiva

Buffalo Environmental Law Journal

No abstract provided.

Reconceptualizing Entrenched Notions Of Common Law Property Regimes: Maori Self-Determination And Environmental Protection Through Legal Personality For Natural Objects, Bridget Williams

Buffalo Environmental Law Journal

No abstract provided.

Environmentalism Isn’T New: Lessons From Indigenous Law, Joseph Kowalski

Buffalo Environmental Law Journal

The much-overlooked laws and lifeways of Indigenous people show that concepts of environmental sustainability have long been a part of the human tradition. By studying the Indigenous jurisprudence of societies that maintained these traditions into the modern era, much can be learned. Rather than making laws in regards to the land, the land itself was the source of the law, for the environmental laws were built around a relationship with the land.

Through most of human history, the western world had a similar relationship. However, the Holy Roman Empire’s interpretation of Biblical scripture, which at that time was law, forever …

New York’S Clean Energy Standard: Can Renewable Energy Development Revitalize Upstate New York’S Dying Economy?, Kelsey L. Hanson

Buffalo Environmental Law Journal

No abstract provided.

Condemn(The)Nation: Holding The United States Accountable Through Inverse Condemnation Claims For Its Role In Bringing About- And Then Failing To Mitigate And Adapt To Certain Effects Of- Climate Change, Joseph Rosenberg

Buffalo Environmental Law Journal

No abstract provided.

Living On Coral Time: Debating Conservation In The Anthropocene, Irus Braverman

Other Scholarship

No abstract provided.

Environmental Law. Disrupted, Inara Scott, David Takacs, Rebecca Bratspies, Vanessa Casado Pérez, Robin Kundis Craig, Keith Hirokawa, Blake Hudson, Sarah Krakoff, Katrina Fischer Kuh, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J. B. Ruhl, Erin Ryan

Journal Articles

No abstract provided.

Unforeseen Land Uses: The Effect Of Marijuana Legalization On Land Conservation Programs, Jessica Owley

Journal Articles

This Article explores the tension between land conservation and marijuana cultivation in the context of legalization. The legalization of marijuana has the potential to shift the locations of marijuana cultivation. Where cultivation need no longer be surreptitious and clandestine, growers may begin to explore sanctioned growing sites and methods. Thus, the shift to legalization may be accompanied by environmental and land-use implications. Investigating commercial-scale marijuana cultivation, this Article details how, in some ways, legalization can reduce environmental impacts of marijuana cultivation while also examining tricky issues regarding tensions between protected lands and marijuana cultivation. If we treat cultivation of marijuana …

Dethroning State Security: Introducing A Human Security Perspective To Absorb The Dangers Of Climate Change To The Self-Determination Of Island State Inhabitants, Anemoone Soete

Buffalo Environmental Law Journal

One unmistakable and indisputable consequence of Climate Change is found in the realm of oceans. Sea-levels are currently rising at a pace unknown to mankind and as a consequence island states are destined to lose habitable land territory. Whereas some may lose parts, others will lose all of it in the current business as usual scenario. This reality first begs the question as to whether an island state will continue to be a state once bereft of a territorial basis. Secondly, it must be considered how islanders might retain legal personality should this is no longer be possible through the …

To Kill A Migratory Bird: How Incidental Takes By Commercial Industry Activity Should Be Regulated By A New Civil Penalty Regime, Not The Current Mbta, Brittany E. Barbee

Buffalo Environmental Law Journal

Migratory birds are at odds with commercial industries in the United States. Industries are occasionally and accidentally killing migratory birds through their legal activity. Such actions against migratory birds are known as incidental takes. While the century-old Migratory Bird Treaty Act (MBTA) prohibits the taking of migratory birds, it is unclear as to whether it prohibits these modern-day incidental takes. The MBTA imposes criminal strict liability on those who violate its prohibitions, regardless of one's mental state at the time of the incident. Should the federal government hold commercial industries criminally liable for incidentally taking migratory birds through otherwise legal …