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Full-Text Articles in Law

Maurer Environmental Law Expert Is Lead Author On Science Insights Policy Forum Article, James Owsley Boyd Dec 2023

Maurer Environmental Law Expert Is Lead Author On Science Insights Policy Forum Article, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Environmental champions and conservationists will mark the 50th anniversary of the Endangered Species Act later this month. That is the law requiring federal agencies to use all methods necessary to prevent extinctions and ensure that federal actions not jeopardize the continued existence of species on the brink of disappearing from the face of the Earth.

In the leadup to the December 27th anniversary, several publications have begun examining the Act’s history and impact over five decades.

Science, the world’s third-most influential scholarly journal based on Google Scholar citations, invited experts from around the country to look ahead as well …


Reducing Food Scarcity: The Benefits Of Urban Farming, S.A. Claudell, Emilio Mejia Dec 2023

Reducing Food Scarcity: The Benefits Of Urban Farming, S.A. Claudell, Emilio Mejia

Journal of Nonprofit Innovation

Urban farming can enhance the lives of communities and help reduce food scarcity. This paper presents a conceptual prototype of an efficient urban farming community that can be scaled for a single apartment building or an entire community across all global geoeconomics regions, including densely populated cities and rural, developing towns and communities. When deployed in coordination with smart crop choices, local farm support, and efficient transportation then the result isn’t just sustainability, but also increasing fresh produce accessibility, optimizing nutritional value, eliminating the use of ‘forever chemicals’, reducing transportation costs, and fostering global environmental benefits.

Imagine Doris, who is …


Community Resilience And Creating Capacities For Risk Reduction In First Nations Communities, Case Study In Minegoziibe Anishinabe (Pine Creek First Nation), Brittany S. Lavallee Dec 2023

Community Resilience And Creating Capacities For Risk Reduction In First Nations Communities, Case Study In Minegoziibe Anishinabe (Pine Creek First Nation), Brittany S. Lavallee

Capstone Collection

The colonization of Indigenous peoples in Canada has serious consequences on First Nations, including forced removal and displacement from their ancestral lands, environmental degradation, declining resources and capacities, and human rights violations. First Nations communities are currently facing the amplified effects of human-driven climate change. Sustainability of the environment is not just a concept, but a practiced way of life, that recognizes the interdependence of all living things. This deep respect for Aki (earth) is at the foundation of First Nations cultures and continues to guide their actions to insure better futures for Seven Generations. The community of Minegoziibe Anishinabe …


Maurer Environmental Law Expert Is Lead Author On Science Insights Policy Forum Article, James Owsley Boyd Oct 2023

Maurer Environmental Law Expert Is Lead Author On Science Insights Policy Forum Article, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

The Indiana University Maurer and McKinney Schools of Law jointly will convene leading scholars and practitioners to discuss the implications of the 2023 United States Supreme Court case of Sackett v. EPA. The event, “Sackett v. EPA: What the Supreme Court’s Decision Means for Regulation and Wetlands Conservation,” will take place November 10 in the Wynne Courtroom and Steve Tuchman and Reed Bobrick Atrium at IU McKinney in Indianapolis.


Addressing Health Crises Through Courts? Climate Litigation In Latin America, The Right To Health And Vulnerable Populations, Thalia Viveros Uehara Aug 2023

Addressing Health Crises Through Courts? Climate Litigation In Latin America, The Right To Health And Vulnerable Populations, Thalia Viveros Uehara

Graduate Doctoral Dissertations

As Latin America faces increasing climate-related health crises that disproportionately affect populations experiencing poverty and social exclusion, it becomes increasingly urgent to realize the most vulnerable's right to health. While the region's new constitutionalism (NLAC) has made progress in protecting this right, it has only recently begun to intersect with climate change law through rights-based climate litigation. This dissertation takes a transdisciplinary multi-methods research approach to answer the following question: How do health crises emerge within, and how are they addressed by courts through, domestic climate litigation in Latin America? Specifically, it examines how health concerns for vulnerable populations are …


Organizing And Communicating Health: A Culture-Centered And Necrocapitalist Inquiry Of Groundwater Contamination In Rural West Bengal, Parameswari Mukherjee Jun 2023

Organizing And Communicating Health: A Culture-Centered And Necrocapitalist Inquiry Of Groundwater Contamination In Rural West Bengal, Parameswari Mukherjee

USF Tampa Graduate Theses and Dissertations

As a discursive point of praxis, this dissertation project seeks to record knowledge from below around the overlaps between health, water and health interventions emerging from rural communities located in North 24 Parganas and Purulia in West Bengal that are disproportionately impacted by water-insecurity. My dissertation also documents how multiple-stakeholders such as local NGOs, international NGOs, non-profits, and donor agencies organize access to safe water and health interventions for the water-insecure communities located in North 24 Parganas and Purulia. The integration of the CCA and necrocapitalism afford theoretical and methodological guidance in this dissertation to help document the localocentric stories …


Environmental Justice Mapping In The U.S. Pacific Island Territory Of Guam, Ben Rocha Sep 2022

Environmental Justice Mapping In The U.S. Pacific Island Territory Of Guam, Ben Rocha

Master of Science in Environmental Sciences and Management Projects

Academics, regulators, and the public currently use geospatial analysis tools to identify locations that may be candidates for further environmental justice review in the continental United States (U.S.). However, current environmental justice geospatial analysis tools overlook a small but significant portion of the U.S. - the U.S. Pacific Islands. This study analyzes environmental justice within the U.S. Territory of Guam using existing geospatial analysis methods and publicly available environmental, climate, and socio-economic data to: (1) Spatially map relevant demographic and environmental data and (2) determine the correlation, if any, between the exposure to environmental hazards and the socio-economic status of …


The Next Small Step, Samiya Henry Apr 2022

The Next Small Step, Samiya Henry

Undergraduate Research and Scholarship Symposium

As of right now, NASA and other space programs are estimating that by 2026, there will be people living in Space. Whether it be the Moon or Mars, one cannot have a functional society without a proper source of laws, especially since no one country has ownership over space. "One Small Step" will produce this source of laws, called the “Space Bill of Rights,” that will outline important matters like the trade of resources, medical care, government officials, and will ensure the preservation of our physical and figurative footsteps in space. This Space Bill of Rights is made up of …


The Water Is On Fire: Current Circuit Approaches To Fee-Shifting In Citizen-Suits Under The Clean Water Act And The Need For Clearer And More Uniform Standards, Charles Kinley Jan 2022

The Water Is On Fire: Current Circuit Approaches To Fee-Shifting In Citizen-Suits Under The Clean Water Act And The Need For Clearer And More Uniform Standards, Charles Kinley

William & Mary Environmental Law and Policy Review

This Note will start by providing a short explanation of the origins of and congressional goals for the fee-shifting provision in the CWA [Clean Water Act]. It will then offer a brief summary of how Supreme Court precedent has both clarified and confused this issue. Then, it will dive into an examination of how the different circuits and their district courts have interpreted the CWA’s fee-shifting provision and how these interpretations have struggled with past Supreme Court decisions. Finally, this Note will explore the costs and benefits associated with these fee-shifting standards and offer a potential solution to this problem. …


Environmental Racism In Baltimore: A Geographical Study Into The Connections Between Environmental Toxins And Public Health, Genevieve Block Jan 2022

Environmental Racism In Baltimore: A Geographical Study Into The Connections Between Environmental Toxins And Public Health, Genevieve Block

Honors Theses

An investigation into the relationship between environmental toxins and environmental racism in Baltimore City, Maryland.


Can Environmental Law Solve The "Forever Chemical" Problem?, Mark P. Nevitt, Robert V. Percival Jan 2022

Can Environmental Law Solve The "Forever Chemical" Problem?, Mark P. Nevitt, Robert V. Percival

Faculty Articles

Although federal environmental law purports to provide the public with comprehensive protection against chemical risks, the U.S. chemical industry is characterized by self­ regulation. This self-regulation is exemplified by the dangers posed by per- and polyfluoroalkyl substances (''PFAS'')­ broad classes of persistent toxic substances that have now entered nearly every American's bloodstream and hundreds of public drinking water systems. Despite data linking exposure to these "forever chemicals" to cancer, infertility, and a host of other public health harms, environmental law has failed to safeguard the American people from PFAS' toxic legacy. How did this occur? And what should be done …


Bolstering Juliana: Enforceability Of Environmental Claims Through International Treaty Obligations In U.S. Courts, Lindsey Laielli Nov 2021

Bolstering Juliana: Enforceability Of Environmental Claims Through International Treaty Obligations In U.S. Courts, Lindsey Laielli

St. Mary's Law Journal

Abstract forthcoming.


Feasibility Of Development Of Flood Resiliency Clearinghouse Program, Commonwealth Center For Recurrent Flooding Resiliency, Mujde Erten-Unal, Carol Considine, Mark W. Luckenbach, Elizabeth Armistead Andrews Nov 2021

Feasibility Of Development Of Flood Resiliency Clearinghouse Program, Commonwealth Center For Recurrent Flooding Resiliency, Mujde Erten-Unal, Carol Considine, Mark W. Luckenbach, Elizabeth Armistead Andrews

Commonwealth Center for Recurrent Flooding Resiliency (CCRFR): Reports

[Introduction]

House Bill 2187i, introduced by Delegate Keith Hodges in the 2021 session of the Virginia General Assembly, directed the Commonwealth Center for Recurrent Flooding Resiliency (CCRFR), a partnership between Old Dominion University, the Virginia Institute of Marine Science (VIMS) and the William & Mary Law School’s Virginia Coastal Policy Center (VCPC) established by Virginia Chapter 440 of the 2016 Acts of Assembly (HB 903), to evaluate the development of a Flood Resiliency Clearinghouse Program (henceforth Clearinghouse). The bill stipulated that the Center should work with the Department of Conservation and Recreation (DCR) to evaluate solutions that manage …


Enhancing Environmental Protection In Relation To Armed Conflict: An Assessment Of The Ilc Draft Principles, Daniëlla Dam-De Jong, Britta Sjöstedt Sep 2021

Enhancing Environmental Protection In Relation To Armed Conflict: An Assessment Of The Ilc Draft Principles, Daniëlla Dam-De Jong, Britta Sjöstedt

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


A Cielo Abierto: Constellations For Extraterritorial Multinational Corporate Accountability For Environmental Damage In Human Rights Law, Astghik Hairapetian Sep 2021

A Cielo Abierto: Constellations For Extraterritorial Multinational Corporate Accountability For Environmental Damage In Human Rights Law, Astghik Hairapetian

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Research On Legal Problems In And Countermeasures For Prevention And Control Marine Environment Pollution By Ships, Dapeng Sun Aug 2021

Research On Legal Problems In And Countermeasures For Prevention And Control Marine Environment Pollution By Ships, Dapeng Sun

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.


Final 2021 Residential Metals Abatement Program (Rmap) West Elementary School Soil Remedial Action Work Plan (Rawp), Pioneer Technical Services, Inc. Aug 2021

Final 2021 Residential Metals Abatement Program (Rmap) West Elementary School Soil Remedial Action Work Plan (Rawp), Pioneer Technical Services, Inc.

Silver Bow Creek/Butte Area Superfund Site

No abstract provided.


The Right To Repair: (Re)Building A Better Future, Jumana Labib Aug 2021

The Right To Repair: (Re)Building A Better Future, Jumana Labib

Undergraduate Student Research Internships Conference

The goal of this research project was to take a multi-faceted, interdisciplinary approach to research and examine the Right to Repair movement’s progress, current repair practices, impediments, and imperatives, and the various large-scale implications (environmental, economic, social, etc.) stemming from diminished consumer freedom as a result of increased corporate greed and lack of governmental regulations with regards to repair and the environment. This poster exhibits the highlights of my general research project on the Right to Repair movement over the course of this four month internship, and aims to disseminate information about the movement to the wider public in an …


Environmental Rhetoric And An Ecology Of Transcendence: A Rhetorical Criticism Of Awake, A Dream From Standing Rock, Alyssa Kahn Aug 2021

Environmental Rhetoric And An Ecology Of Transcendence: A Rhetorical Criticism Of Awake, A Dream From Standing Rock, Alyssa Kahn

UNLV Theses, Dissertations, Professional Papers, and Capstones

My project blends Burkean theory with Indigenous rhetoric to argue that the counter- story of Awake proposes an ecology of transcendence to make sense of human-nature relationships. I wanted to analyze Awake A Dream From Standing Rock. The documentary is explicitly about Indigenous peoples. This documentary tells the story of the peaceful protests and resistance led by Native people at the Standing Rock Sioux Reservation or Lakota Tribe in North Dakota. The activists were protecting the water otherwise known as water protectors/warriors from the construction of the Dakota Access Pipeline (DAPL). The assembly of DAPL is intended to carry perforated …


Associations Between Exposure To Air Pollution After A Dust Event And Hospitalizations., Estrella De Jesus Herrera-Molina Aug 2021

Associations Between Exposure To Air Pollution After A Dust Event And Hospitalizations., Estrella De Jesus Herrera-Molina

Open Access Theses & Dissertations

The Southwestern region has been identified as one of the most persistent dust producing regions of North America. Exposure to inhalable particulate matter (PM10) originating from desertic landscape during dust events/dust exposures (DEs) can reach hazardous levels. El Paso, Texas’s ambient air has reached hazardous levels of PM10 above 4000 μg/m3 with near zero visibility due to these natural events. There are very few prior studies in the southwestern United States pertaining to the associations between exposure to atmospheric aerosol after DEs and hospitalizations, nor are there many epidemiological studies globally in dusty environments where most of the atmospheric aerosol …


Final 2021 Residential Metals Abatement Program (Rmap) School Soil Sampling Field Sampling Plan (Fsp) Submittal #3 [Covering Emerson Elementary, Headstart (Former Lincoln School), Headstart (Former Monroe School), & Margaret Leary Elementary], Pioneer Technical Services, Inc. Jul 2021

Final 2021 Residential Metals Abatement Program (Rmap) School Soil Sampling Field Sampling Plan (Fsp) Submittal #3 [Covering Emerson Elementary, Headstart (Former Lincoln School), Headstart (Former Monroe School), & Margaret Leary Elementary], Pioneer Technical Services, Inc.

Silver Bow Creek/Butte Area Superfund Site

No abstract provided.


Final 2021 Residential Metals Abatement Program (Rmap) School Soil Sampling Field Sampling Plan (Fsp) Submittal #2 (Covering Highland View Christian School, Hillcrest Elementary, Kennedy Elementary, Silver Bow Montessori, & West Elementary), Pioneer Technical Services, Inc. Jul 2021

Final 2021 Residential Metals Abatement Program (Rmap) School Soil Sampling Field Sampling Plan (Fsp) Submittal #2 (Covering Highland View Christian School, Hillcrest Elementary, Kennedy Elementary, Silver Bow Montessori, & West Elementary), Pioneer Technical Services, Inc.

Silver Bow Creek/Butte Area Superfund Site

No abstract provided.


Final 2021 Residential Metals Abatement Program (Rmap) School Soil Sampling Field Sampling Plan (Fsp) Submittal #1 (Covering Ramsay Elementary School), Pioneer Technical Services, Inc. Jul 2021

Final 2021 Residential Metals Abatement Program (Rmap) School Soil Sampling Field Sampling Plan (Fsp) Submittal #1 (Covering Ramsay Elementary School), Pioneer Technical Services, Inc.

Silver Bow Creek/Butte Area Superfund Site

No abstract provided.


Farm To Boardroom: How Improving Farm Conditions Leads To Sustained And Ethical Profit, Emily Mueller May 2021

Farm To Boardroom: How Improving Farm Conditions Leads To Sustained And Ethical Profit, Emily Mueller

Student Theses 2015-Present

As a society evolving and innovating at a pace faster than ever before seen in human history, we find ourselves at a crossroads of dealing with planetary boundaries and improving social standards. We are met with a crisis just thirty years away; the crisis of needing to be able to effectively and sustainably feed ten billion people across the globe. The 20th century brought on a booming age for industrializing the food system in order to increase yield and thus profit. The new process was a significant breakthrough at its time, but now we must face the question of when …


Too Little, Too Late: Congress's Attempt To Regulate Forever Chemicals Through Military Appropriations, Michael Heard Snow Feb 2021

Too Little, Too Late: Congress's Attempt To Regulate Forever Chemicals Through Military Appropriations, Michael Heard Snow

William & Mary Environmental Law and Policy Review

Per- and polyfluoroalkyl substances, shortened to “PFAS,” are a broad class of approximately 4,000 to 6,000 industrial chemicals characterized by a carbon chain saturated with fluorine molecules. This structure, dominated by carbon-fluorine bonds, is one of the most stable known chemical structures—and it is this stability that lies at the core of both the usefulness and the greatest issues surrounding PFAS. They are generally non-reactive except at tailored “active sites” and they never break down naturally—leading to the nickname “forever chemicals.” The persistence of their structures creates a plethora of desirable characteristics: PFAS are grease-resistant, waterproof, fireproof, stain-proof, and chemically …


How A Low-Cost Method For Cumulative Water-Sampling Shows Need For Improvement Of Legal Public-Contact Standards In The United States, Samuel C. Kessler Feb 2021

How A Low-Cost Method For Cumulative Water-Sampling Shows Need For Improvement Of Legal Public-Contact Standards In The United States, Samuel C. Kessler

Grawemeyer Colloquium Papers

Across the world, it is estimated that 4.5 billion people live near water sources “impaired” for use or contact. Standards for human-interaction are established by international organizations such as the WHO, and legislative bodies from national to local levels with jurisdiction over the quality of our waterways to ensure public & environmental health. Standards are often assessed from “grab-samples” taken from a waterbody at a certain time, with a minimum number analyzed. Water-quality standards in the United States are enforced under the Clean Water Act (CWA) via the Environmental Protection Agency (EPA), applying to “waters of the United States” (WOTUS). …


Draft Final Solid Media Management Program Plan, Pioneer Technical Services, Inc. Jan 2021

Draft Final Solid Media Management Program Plan, Pioneer Technical Services, Inc.

Silver Bow Creek/Butte Area Superfund Site

No abstract provided.


Study On The Mechanism Of Compensation Fund System For Shipping Oil Pollution Damage In China And International Oil Pollution Compensation Funds, Haiyue Shu Aug 2020

Study On The Mechanism Of Compensation Fund System For Shipping Oil Pollution Damage In China And International Oil Pollution Compensation Funds, Haiyue Shu

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.


From Emission Trade Sysytem To Carbon Offset: Status And Progress Of Emission Control In Shipping Industry, Zhili Yao Aug 2020

From Emission Trade Sysytem To Carbon Offset: Status And Progress Of Emission Control In Shipping Industry, Zhili Yao

World Maritime University Dissertations

No abstract provided.


Community-Driven Climate Solutions: How Public-Private Partnerships With Land Trusts Can Advance Climate Action, Jessica Grannis Jul 2020

Community-Driven Climate Solutions: How Public-Private Partnerships With Land Trusts Can Advance Climate Action, Jessica Grannis

William & Mary Environmental Law and Policy Review

In 2018 and 2019, several landmark developments demonstrated the failings of past efforts to address climate change and the need for new and more ambitious solutions. In October 2018, the Intergovernmental Panel on Climate Change (“IPCC”) released a dire report indicating that the window is rapidly closing for countries to dramatically reduce emissions in order to avoid the worst consequences of climate change and predicting dramatic consequences to the environment and public health if countries fail to take action; young activists started taking to the streets to demand more ambitious action to address climate change; and, at the 25th Conference …