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Raping Indian Country, Sarah Deer, Elizabeth Kronk Warner
Raping Indian Country, Sarah Deer, Elizabeth Kronk Warner
Utah Law Faculty Scholarship
In this article, we have examined the policies of the Trump Administration as they relate to extractive development on and near Indian country, and policies related to the protection of Native people from rape and sexual assault. As demonstrated above, the Administration’s policies are likely to increase both the environmental and physical vulnerabilities of Native people. Native people will not only likely face exasperated physical insecurity, but their environments will likely be increasingly stripped on natural resources. As a result, the raping of Indian county continues. But, this article is not without hope. At least two ways forward, improvements upon …
Dealing With Climate Change Under The National Environmental Policy Act, Arnold W. Reitze Jr.
Dealing With Climate Change Under The National Environmental Policy Act, Arnold W. Reitze Jr.
Utah Law Faculty Scholarship
The National Environmental Policy Act (NEPA) was an important environmental law for several decades before climate change became an issue of concern. Beginning in the 1990s efforts began to include in NEPA’s environmental assessments and environmental impact statements both the impact of federal government actions on climate change and the impact of climate change on proposed federal actions. These efforts were encouraged by the Council on Environmental Quality. However, implementation at the agency level has been uneven. Some Federal agencies have resisted making serious efforts to incorporate climate change impacts into their decision-making process. Moreover, the courts have not been …
Reversing Course On Environmental Justice Under The Trump Administration, Uma Outka, Elizabeth Kronk Warner
Reversing Course On Environmental Justice Under The Trump Administration, Uma Outka, Elizabeth Kronk Warner
Utah Law Faculty Scholarship
This Article traces how policy reversals in the first years of the Trump Administration implicate protections for diverse, low-income communities in the context of environmental pollution and climate change. The environmental justice movement has drawn critical attention to the persistent inequality in exposure to environmental harms, tracking racial and income lines. As a result of decades of advocacy, environmental justice has become an established, if not realized, principle in environmental law. Shifting positions under the Trump Administration now undermine this progress. To illustrate, this Article uses three exemplary contexts — agency transition, environmental law implementation, and international relations on climate …