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Full-Text Articles in Law
Armoring The Just Transition Activist, Abigail Fleming, Catherine Dremluk
Armoring The Just Transition Activist, Abigail Fleming, Catherine Dremluk
Richmond Public Interest Law Review
The fossil fuel energy system, reinforced by oppressive policies and practices,
has disproportionately harmed poor people, Indigenous people, and
Brown and Black people and driven the global climate crisis. A just transition,
which displaces fossil fuels and redistributes renewable energy resources,
requires policies that are rooted in equity and shift power back to
the hands of the most vulnerable. Just Transition Activists, leaders, organizers,
and changemakers in the just transition movement, must develop transformative
skillsets necessary to radically reimagine our world and dismantle
the current unequal system of law and policy. This analysis explores the
skills, attributes, beliefs, and attitudes …
Examining The Relationship Between Environmental Justice And The Lack Of Diversity In Environmental Organizations, Haley Walter
Examining The Relationship Between Environmental Justice And The Lack Of Diversity In Environmental Organizations, Haley Walter
Richmond Public Interest Law Review
This article highlights the ongoing lack of diversity in each of the
three major types of environmental organizations—conservation and
preservation organizations, governmental agencies, and environmental
grantmaking foundations—and assesses how this lack of diversity
has historically marginalized people of color. Assessing the history of
how the environmental movement has marginalized people of color is
key because from this marginalization grew the rise of the environmental
justice movement and recognition from the legal system of environmental
issues that disproportionately impacted people of color. Last,
this article presents solutions on how environmental organizations can
increase and retain diversity in their staff and leadership …
Expanding American Indian Land Stewardship: An Environmental Solution For A Country In Crisis, Haley Edmonds
Expanding American Indian Land Stewardship: An Environmental Solution For A Country In Crisis, Haley Edmonds
Richmond Public Interest Law Review
Land is the central foundation around which all life is formed. Therefore,
societies must have a stable connection with the land in order to be structurally
sound. If this connection is weak or inflexible, every building-block of
civilization laid on top of it will inevitably crumble. Some societies have established
stable relationships with the land by working around and responding
to nature’s rhythms in order to satisfy their needs. Whereas other societies
have ignored nature’s intricacies and instead have tried to strong-arm
nature into yielding to their whims. These two diametrically
opposed approaches to conceiving of humans’ relationship with the …
On The Horns Of A Dilemma: Climate Adaption And Legal Profession, Mark S. Davis
On The Horns Of A Dilemma: Climate Adaption And Legal Profession, Mark S. Davis
Richmond Public Interest Law Review
Few aspects of life will be spared disruptions attributed to climate change,
but those disruptions will not be evenly distributed or borne. While much
attention is being given to large-scale plans and programs aimed at effectively
and equitably coping with those disruptions, the fact is the burdens and
responsibility of planning and acting are falling mostly on individual families,
businesses, and communities. Those with access to resources and professional
assistance, specifically legal services, will stand a better chance of
adapting and prospering. Those without will likely fare worse—and already
are. In order to get better and more equitable outcomes, it …
Deconstructing Inequality: Cumulative Impacts, Environmental Justice, And Interstate Redevelopment, Lemir Teron
Deconstructing Inequality: Cumulative Impacts, Environmental Justice, And Interstate Redevelopment, Lemir Teron
Richmond Public Interest Law Review
The siting and development of Interstate 81 in Syracuse, New York, similar
to highway projects across the nation, lead to the displacement of Black
Syracusans
and has exposed thousands of remaining residents at heightened
environmental harm. As the interstate is slated to be redeveloped due to age
and safety issues, national attention has focused on the highway as a potential
exemplar for similar projects across the United States. Federal law mandates
that environmental impact analysis be conducted, and due to the prevalence
of marginalized populations, environmental justice impacts are a
critical feature in this assessment. This article evaluates both the …
Incorporating Environmental Justice Into Benefit-Cost Analysis Of Federal Rulemakings, John D. Graham
Incorporating Environmental Justice Into Benefit-Cost Analysis Of Federal Rulemakings, John D. Graham
Richmond Public Interest Law Review
President Biden proposes to revise the federal rulemaking process to advance
the values of justice and equity. This analysis offers a practical path
forward by adding an equity test to the efficiency test applied to new federal
regulations by the U.S. Office of Management and Budget. This article explores
the feasibility of the proposal with applications to regulation of hazardous
air pollutants and drinking water contaminants. The proposal seeks
to advance the interests of low-income Americans in federal rulemaking, a
subgroup that has received little historical priority in the regulatory impact
analyses prepared by federal regulatory agencies.
Forty Years Of Environmental Justice: Where Is The Justice?, Jon A. Mueller, Taylor Lilley
Forty Years Of Environmental Justice: Where Is The Justice?, Jon A. Mueller, Taylor Lilley
Richmond Public Interest Law Review
Environmental Justice (or“EJ”) has been recognized as a concept since
at least 1982. After decades of incremental and ineffective efforts by the federal
government, it has become clear that EJ must evolve beyond the concept
stage if it is to be an effective vehicle for social and legal change. At its heart,
EJ is a function of social inequities and environmental harms, and the disproportionate
correlation between those components can no longer be ignored
by state and federal actors. The way forward must be paved with practical
legal solutions and affirmative application of regulatory authority. This
article examines the history …
A Legal Update On Environmental Justice In Virginia: Where Are We Now?, Jasdeep S. Khaira, Patrice Lewis, Abigail Thompson, Scott Foster
A Legal Update On Environmental Justice In Virginia: Where Are We Now?, Jasdeep S. Khaira, Patrice Lewis, Abigail Thompson, Scott Foster
Richmond Public Interest Law Review
Environmental justice (“EJ”) is rapidly evolving in Virginia while people
are still trying to understand what EJ actually means. As a result, regulators
are unsure of how to incorporate environmental justice in their decisionmaking
process while the regulated are uncertain of how to proceed in the
ever-changing political, social, and regulatory landscape. This article gives
an overview of EJ’s evolution in Virginia, synthesizing notable environmental
justice legal decisions; providing supplementary research on environmental
justice studies, workgroups, and reports; and offering several predictions
on EJ’s fate in the Commonwealth.
Environmental Justice As Civil Rights, Wyatt G. Sassman
Environmental Justice As Civil Rights, Wyatt G. Sassman
Richmond Public Interest Law Review
Environmental justice litigation using the Equal Protection Clause and civil rights statutes has largely failed. This article explains that failure as a result of a general shift by federal courts to limit the scope of civil rights law rather than an improper characterization of environmental justice as a civil rights issue. This explanation is important to both encourage and caution environmental justice advocates and scholars as they approach claims under Title VIII. I suggest that Title VIII's ability to bridge property and dignity may still present a powerful and much-needed tool for bringing equality to environmental law, but that, based …
Public Hazard, Personal Peril: The Impact Of Non-Governmental Organizations In The Environmental Justice Movement, Andrea Y. Simpson
Public Hazard, Personal Peril: The Impact Of Non-Governmental Organizations In The Environmental Justice Movement, Andrea Y. Simpson
Richmond Public Interest Law Review
This article argues that the local emphasis of what I call micromovements that form the larger Environmental Justice Movement could gain more traction from relationships with Non-Governmental Organizations. Such partnerships are emerging on a national level; however, since the localized movements communicate with, but are not partners with, national organizations such as the National Black Environmental Network, it is unclear how such partnerships add value to the activities of local groups. Moreover, some partnerships are forged for the organization of a specific event such as a conference or working group study Part II of this article discusses an overview of …
Virginia's Expanded Nutrient Trading Law: Will It Help Restore The Chesapeake Bay While Allowing For Growth, Margaret L. Sanner
Virginia's Expanded Nutrient Trading Law: Will It Help Restore The Chesapeake Bay While Allowing For Growth, Margaret L. Sanner
Richmond Public Interest Law Review
On April 18, 2012, Virginia Governor Bob McDonnell boosted the Commonwealth's pollution-reduction toolbox with an expanded nutrient trading program when he signed H.B. 176/S.B. 77 into law.' Sparked by the issuance of the Chesapeake Bay Total Maximum Daily Load (the "Bay TMDL"), which updated pollution limits for the Chesapeake Bay and tributaries, and the Virginia Chesapeake Bay TMDL Phase I Watershed Implementation Plan (the "Phase I WIP"),2 the expanded nutrient trading program allows myriad new market participants to generate and sell certified "nutrient credits"3 to others to meet existing limits or to offset new pollution from expansion.4 If the program …
The Role Of Citizens In Environmental Decision-Making, Nicole M. Rovner
The Role Of Citizens In Environmental Decision-Making, Nicole M. Rovner
Richmond Public Interest Law Review
This article will describe five versions of the DEQ legislation from the bill's legislative journal: the bill as introduced, the bill that passed the General Assembly in 2007 with a reenactment clause, the bill introduced on behalf of proponents of board restructuring at the beginning of the 2008 session, the bill introduced on behalf of the restructuring bill's opponents, and the legislation that was enacted and will become effective on July 1, 2008. For each version of the bill, this article seeks to identify views regarding the nature of permitting decisions and the role of citizens in making those decisions.
Sustainable Living: Theme Of The Future Or A One-Hit Wonder, Michelle Hershman
Sustainable Living: Theme Of The Future Or A One-Hit Wonder, Michelle Hershman
Richmond Public Interest Law Review
Is environmental consciousness in the United States just a popular trend or the beginning of permanent changes? In light of the American government's refusal to ratify the Kyoto Protocol, this comment examines social, corporate and regulatory pressures on environmental policy in the United States. The author concludes by arguing for the implementation of environmentally conscious policies and programs at private and public levels.
Thinking Ahead: Protecting The Environment In The 21st Century, Thomas L. Eggert
Thinking Ahead: Protecting The Environment In The 21st Century, Thomas L. Eggert
Richmond Public Interest Law Review
The United States has made notable progress in cleaning up the environment over the last 30 years. Our nation's air, land and water are, in almost all cases, significantly cleaner than they were only a few decades ago.' Before declaring victory though, we must acknowledge that some environmental problems are getting worse, and the nature of our environmental problems has changed. Many environmental problems are now global problems, as opposed to problems that could be dealt with at the national or state level. Problems have become diffuse, with no clearly identifiable source and with a lengthy delay between cause and …
Establishing An Environmental Audit Privilege To Promote Implementation Of The Iso 14000 Standards, James E. Plumhoff
Establishing An Environmental Audit Privilege To Promote Implementation Of The Iso 14000 Standards, James E. Plumhoff
Richmond Public Interest Law Review
This comment will attempt to address some of the issues surrounding the ISO 14000 standards and also the Eco-Management and Audit Scheme or EMAS standards. Part II of the comment will discuss the evolution and need for international standards such as ISO 14000 and EMAS. Part III will analyze the challenges to successful implementation of ISO and EMAS, particularly concentrating on the problems which may arise from the proliferation of information due to increased EMS audits. Part IV suggests that ISO audit privilege legislation be adopted by the U.S. Congress and that an ISO audit policy be adopted by the …
North American Environment And Its Linkages To Trade, Nicole A. Kleman
North American Environment And Its Linkages To Trade, Nicole A. Kleman
Richmond Public Interest Law Review
This article will follow a deductive approach in order to comprehend the intricacies involved in the NAFTA and NAAEC's environmental provisions. It will also contextualize the inseparable relationship between environmental protection and trade which is depicted in these agreements. Part I will review and analyze the NAFTA's environmental provisions, focusing on their relevant mechanisms, nexus to trade, and shortcomings. In Part II, the uniqueness and effectiveness of the formula developed to reconcile trade and the environment in the form of the NAAEC will be introduced. Part III is divided into three categories: the Commission for Environmental Cooperation ("CEC"), Dispute Resolution …
Taking Superfund Presumptive Remedies To The Brownfields Arena, Debra Schneider
Taking Superfund Presumptive Remedies To The Brownfields Arena, Debra Schneider
Richmond Public Interest Law Review
One of the main problems with CERCLA and brownfields cleanups is the time which such cleanups take to complete. The process of investigating a site through the CERCLA Remedial Investigation/Feasibility Study (RI/FS) process can take several years. The RI/FS process is long, and in the meantime the contamination is often left lurking at the site, harming the environment and human health.
Virginia's Waters: Still At Risk - A Critique Of The Commonwealth's Water Quality Assessment Reports, Chesapeake Bay Foundation
Virginia's Waters: Still At Risk - A Critique Of The Commonwealth's Water Quality Assessment Reports, Chesapeake Bay Foundation
Richmond Public Interest Law Review
Federal law requires all states to periodically report to the Environmental Protection Agency (EPA) on the water quality of their rivers, lakes and streams and provide EPA with a listing of polluted waters. Virginia has recently prepared two reports for 1996 and boasts that only 5 percent of the Commonwealth's rivers are polluted. Under closer inspection, this information is found to be extremely misleading due to a number of serious gaps and flaws within Virginia's water quality monitoring program and its methods of data reporting and evaluation. When Virginia states that only 5 percent of the waters it monitors fail …
Remarks Of The Secretary Of Natural Resources At Environmental Virginia '98, April 2, 1998, John Paul Woodley Jr.
Remarks Of The Secretary Of Natural Resources At Environmental Virginia '98, April 2, 1998, John Paul Woodley Jr.
Richmond Public Interest Law Review
As Attorney General, Jim Gilmore delivered on his commitment to foster a strong and healthy environment through responsible stewardship of our natural resources. Today, I reaffirm Governor Gilmore's commitment. I want to focus our particular attention on the Governor's number one environmental priority - improving the quality of our Commonwealth's great waters.