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Full-Text Articles in Law
Energy Justice And Renewable Rikers, Rebecca Bratspies
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 Fleming, Sabrina Payoute, Elissa Klein
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 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 …
Deforestation Of The Brazilian Amazon Under Jair Bolsonaro’S Reign: A Growing Ecological Disaster And How It May Be Reduced, Richard Perez
Deforestation Of The Brazilian Amazon Under Jair Bolsonaro’S Reign: A Growing Ecological Disaster And How It May Be Reduced, Richard Perez
University of Miami Inter-American Law Review
No abstract provided.
Climate-Induced Human Displacement And Conservation Lands, Jessica Owley
Climate-Induced Human Displacement And Conservation Lands, Jessica Owley
Articles
As climate change leads to both internal displacement and mass migrations, we need not only new places for people to live but also new locations for infrastructure projects and other public needs. Some of the most attractive areas for these new land uses are currently unoccupied land, including land set aside for conservation. Numerous laws restrict the availability and possible uses of public conservation land. Individual agreements and property restrictions encumber private conservation land, varying in the ease with which the restrictions can be modified. For example, privately protected areas in the United States are often encumbered with perpetual conservation …
A System For Resilience Learning: Developing A Community-Driven, Multi-Sector Research Approach For Greater Preparedness And Resilience To Long-Term Climate Stressors And Extreme Events In The Miami Metropolitan Region, Abigail L. Fleming, Tiffany G. Troxer, Amy C. Clement, Yoca Arditi-Rocha, Gretchen Beesing, Mahadev Bhat, Jessica Bolson, Carissa Cabán-Alemán, Karina Castillo, Olivia Collins, Mayra Cruz, Alan Dodd, Scotney D. Evans, Carlos Genatios, Jane Gilbert, Alyssa Hernandez, Cheryl Holder, Maria Ilcheva, Elizabeth Kelly, Arturo Leon, Joanna Lombard, Katharine J. March, Diana Moanga, James F. Murley, Amy Knowles, Jayantha Obeysekera, Loren Parra, Jennifer Posner, Arif Sarwat, Rachel Silverstein, John A. Stuart, Michael C. Sukop, Shimon Wdowinski, Elizabeth Wheaton
A System For Resilience Learning: Developing A Community-Driven, Multi-Sector Research Approach For Greater Preparedness And Resilience To Long-Term Climate Stressors And Extreme Events In The Miami Metropolitan Region, Abigail L. Fleming, Tiffany G. Troxer, Amy C. Clement, Yoca Arditi-Rocha, Gretchen Beesing, Mahadev Bhat, Jessica Bolson, Carissa Cabán-Alemán, Karina Castillo, Olivia Collins, Mayra Cruz, Alan Dodd, Scotney D. Evans, Carlos Genatios, Jane Gilbert, Alyssa Hernandez, Cheryl Holder, Maria Ilcheva, Elizabeth Kelly, Arturo Leon, Joanna Lombard, Katharine J. March, Diana Moanga, James F. Murley, Amy Knowles, Jayantha Obeysekera, Loren Parra, Jennifer Posner, Arif Sarwat, Rachel Silverstein, John A. Stuart, Michael C. Sukop, Shimon Wdowinski, Elizabeth Wheaton
Articles
There is a growing need for integrated approaches that align community priorities with strategies that build resilience to climate hazards, societal shocks, and economic crises to ensure more equitable and sustainable outcomes. We anticipate that adaptive management and resilience learning are central elements for these approaches. In this paper, we describe an approach to build and test a Resilience Learning System to support research and implementation of a resilience strategy developed for the Greater Miami and the Beaches or the Resilient305 Strategy. Elements foundational to the design of this integrated research strategy and replicable Resilience Learning System are: (1) strong …
Manure Management For Climate Change Mitigation: Regulating Cafo Greenhouse Gas Emissions Under The Clean Air Act, Katrina A. Tomas
Manure Management For Climate Change Mitigation: Regulating Cafo Greenhouse Gas Emissions Under The Clean Air Act, Katrina A. Tomas
University of Miami Law Review
Climate change is the defining challenge of our time, which if unbridled, will imperil our communities and the viability of future generations. Efforts to reduce global temperature rise require more than merely reforming carbon dioxide emissions from the energy and transportation sectors. Notably, climate solutions cannot be reached without simultaneously addressing the more potent methane and nitrous oxide gases. In the United States, intensive factory farms, legally known as Concentrated Animal Feeding Operations (“CAFOs”), are responsible for large emissions of these two greenhouse gases due to manure mismanagement. While there are no federal environmental regulations in place for mitigating CAFOs’ …
One Small Step For Earth, One Giant Leap For Costa Rica, Emily Canney
One Small Step For Earth, One Giant Leap For Costa Rica, Emily Canney
University of Miami Inter-American Law Review
No abstract provided.
Climate Change And Human Trafficking After The Paris Agreement, Michael B. Gerrard
Climate Change And Human Trafficking After The Paris Agreement, Michael B. Gerrard
University of Miami Law Review
At least 21 million people globally are victims of human trafficking, typically involving either sexual exploitation or forced labor. This form of modern-day slavery tends to increase after natural disasters or conflicts where large numbers of people are displaced from their homes and become highly vulnerable. In the decades to come, climate change will very likely lead to a large increase in the number of people who are displaced and thus vulnerable to trafficking. The Paris Climate Agreement of 2015 established objectives to limit global temperature increases, but the voluntary pledges made by nearly every country fall far short of …
Climate Change And The Challenges To Democracy, Marcello Di Paola, Dale Jamieson
Climate Change And The Challenges To Democracy, Marcello Di Paola, Dale Jamieson
University of Miami Law Review
This Article explores the uneasy interaction between climate change and democracy, particularly liberal democracy. Its central claim is that climate change and other problems of the Anthropocene—this new epoch into which no earthly entity, process, or system escapes the reach and influence of human activity—expose and exacerbate existing vulnerabilities in democratic theory and practice, particularly in their currently dominant liberal form; and that both democracies’ failures and their most promising attempts at managing these problems expose democracies to significant legitimacy challenges.
Taking The Public Out Of Public Lands: Shifts In Coal-Extraction Policies In The Trump Administration, Jessica Owley
Taking The Public Out Of Public Lands: Shifts In Coal-Extraction Policies In The Trump Administration, Jessica Owley
Articles
No abstract provided.
Climate Change Challenges For Land Conservation: Rethinking Conservation Easements, Strategies, And Tools, Jessica Owley, Federico Cheever, Adena R. Rissman, M. Rebecca Shaw, Barton H. Thompson Jr., W. William Weeks
Climate Change Challenges For Land Conservation: Rethinking Conservation Easements, Strategies, And Tools, Jessica Owley, Federico Cheever, Adena R. Rissman, M. Rebecca Shaw, Barton H. Thompson Jr., W. William Weeks
Articles
No abstract provided.
Alien Invasion! An Ocean Picture Coming To A Sea Near You: An Analysis Of International Frameworks For Aquatic Invasive Species Control, Kelly Cox
University of Miami Inter-American Law Review
Aquatic invasive species are marine, estuarine, or freshwater organisms that adversely impact ecosystems they are not native to. Such impacts include long-lasting or permanent damage to habitats, ecosystem balance, and biodiversity. These impacts have a cascading effect on local economies dependent on these natural resources by impeding recreational and commercial activities. Moreover, aquatic invasive species control and management is both complex and challenging due to the lack of physical barriers in aquatic environments to abate or contain the spread of these nuisance species. The Wider Caribbean Region has been notably impacted by the introduction of the non-native lionfish (Pterois volitans) …
Enhancing Conservation Options: An Argument For Statutory Recognition Of Options To Purchase Conservation Easements (Opces), Federico Cheever, Jessica Owley
Enhancing Conservation Options: An Argument For Statutory Recognition Of Options To Purchase Conservation Easements (Opces), Federico Cheever, Jessica Owley
Articles
Land conservation transactions have been the most active component of the conservation movement in the United States for the past three decades. Conservation organizations have acquired property rights-mostly conservation easements-to protect roughly 40 million acres of land nationwide. However, climate change threatens this vast edifice. Climate change means that the resources that land conservation transactions were intended to protect may not persist on the land protected. Options to purchase conservation easements ("OPCEs") have long played a modest but important role in conservation law practice. In the world climate change is creating, with its substantial uncertainties and shifting windows of opportunity, …
Climate Change And Business Law In The United States: Using Procurement, Pay, And Policy Changes To Influence Corporate Behavior, Marcia Narine
Climate Change And Business Law In The United States: Using Procurement, Pay, And Policy Changes To Influence Corporate Behavior, Marcia Narine
Articles
No abstract provided.
The Increasing Privatization Of Environmental Permitting, Jessica Owley
The Increasing Privatization Of Environmental Permitting, Jessica Owley
Articles
No abstract provided.
Conservation Easements At The Climate Change Crossroads, Jessica Owley
Conservation Easements At The Climate Change Crossroads, Jessica Owley
Articles
No abstract provided.
Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman
Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman
Articles
No abstract provided.
Changing Property In A Changing World: A Call For The End Of Perpetual Conservation Easements, Jessica Owley
Changing Property In A Changing World: A Call For The End Of Perpetual Conservation Easements, Jessica Owley
Articles
No abstract provided.