Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Columbia Law School (37)
- William & Mary Law School (37)
- American University Washington College of Law (34)
- Pace University (26)
- Loyola University Chicago, School of Law (20)
-
- Seattle University School of Law (19)
- Schulich School of Law, Dalhousie University (16)
- Texas A&M University School of Law (14)
- University of Michigan Law School (12)
- University of Montana (12)
- University of Richmond (11)
- Villanova University Charles Widger School of Law (11)
- SJ Quinney College of Law, University of Utah (10)
- UC Law SF (10)
- Maurer School of Law: Indiana University (8)
- University of Georgia School of Law (8)
- University of San Diego (8)
- University of Washington School of Law (8)
- Brooklyn Law School (7)
- University at Buffalo School of Law (7)
- University of Colorado Law School (7)
- Osgoode Hall Law School of York University (6)
- University of New Mexico (6)
- Barry University School of Law (5)
- Georgia State University College of Law (5)
- Northwestern Pritzker School of Law (5)
- St. Mary's University (5)
- Vanderbilt University Law School (5)
- Emory University School of Law (4)
- The Peter A. Allard School of Law (4)
- Keyword
-
- Climate change (48)
- Environmental law (38)
- Climate Change (22)
- Environment (17)
- Sustainability (17)
-
- Environmental justice (13)
- Climate change mitigation (12)
- Environmental Law (9)
- Regulation (9)
- Clean Air Act (8)
- Clean Water Act (8)
- EPA (8)
- Human rights (8)
- Environmental Justice (7)
- Environmental protection (7)
- Pollution (7)
- Law (6)
- Rights of nature (6)
- Administrative law (5)
- COVID-19 (5)
- Climate crisis (5)
- ESG (5)
- International law (5)
- Litigation (5)
- NEPA (5)
- National Environmental Policy Act (NEPA) (5)
- Nature law (5)
- Recycling (5)
- About page (4)
- Canada (4)
- Publication
-
- Faculty Scholarship (33)
- Sustainable Development Law & Policy (32)
- William & Mary Environmental Law and Policy Review (29)
- Public Interest Law Reporter (20)
- Articles, Book Chapters, & Popular Press (11)
-
- Public Land & Resources Law Review (11)
- Sabin Center for Climate Change Law (11)
- Columbia Center on Sustainable Investment Staff Publications (10)
- Villanova Environmental Law Journal (10)
- Elisabeth Haub School of Law Faculty Publications (9)
- Richmond Public Interest Law Review (9)
- UC Law Environmental Journal (9)
- Pace Environmental Law Review (8)
- San Diego Journal of Climate & Energy Law (8)
- American Indian Law Journal (7)
- Articles (7)
- Dissertations & Theses (7)
- Michigan Journal of Environmental & Administrative Law (7)
- Articles & Book Chapters (6)
- Journal Articles (6)
- SITIE Symposiums (6)
- Virginia Coastal Policy Center (6)
- Environmental and Earth Law Journal (EELJ) (5)
- Faculty Articles (5)
- Journal of Comparative Urban Law and Policy (5)
- Northwestern University Law Review (5)
- Scholarly Works (5)
- St. Mary's Law Journal (5)
- University of Colorado Law Review (5)
- Utah Law Faculty Scholarship (5)
- Publication Type
Articles 241 - 270 of 470
Full-Text Articles in Law
Risk Regulation And Management Against Illegal Wildlife Trade: Europe And America, Olonyi Bosire
Risk Regulation And Management Against Illegal Wildlife Trade: Europe And America, Olonyi Bosire
Sustainable Development Law & Policy
Introduction
The source or initial crime in the illegal wildlife trade chain is mostly committed beyond the shores of North America and Europe. However, the two regions continue to be massive destination markets and key transit hubs for illegal wildlife products. Illegal trade networks are shadowy and therefore problematic to study. This helps explain the wide valuation of illegal wildlife trade currently estimated by the Global Environment Facility (“GEF”) as ranging between 7 and 23 billion dollars per annum.
Policies and strategies to pre-empt or respond to illegal wildlife trade keep evolving as appreciation grows for the previously underestimated complexities, …
The Truth Is Always In Style: Targeting Greenwashed Advertising In The Fashion Industry, Sydney Helsel
The Truth Is Always In Style: Targeting Greenwashed Advertising In The Fashion Industry, Sydney Helsel
Sustainable Development Law & Policy
H&M’s 2019 “Conscious Collection” promotional images juxtapose lush green gardens with a hazy city skyline in the background. The collection, which advertises itself as “[t]he short cut to sustainable choices,” is just one example of many fashion brands’ attempts to capitalize on the increased demand for sustainable products. Each year, the fashion industry consumes approximately ninety-three billion cubic meters of water and produces an estimated ten percent of the world’s carbon emissions. The environmental effects of the fashion industry can be seen in images of the dried up Aral Sea in Uzbekistan and in the dye and chemical filled black …
The Overfished Pacific Bluefin Tuna: The Tragedy Of A Highly Migratory Fish Species, Theresa Geib
The Overfished Pacific Bluefin Tuna: The Tragedy Of A Highly Migratory Fish Species, Theresa Geib
Sustainable Development Law & Policy
Introduction
The ocean is an abundant resource; however, overutilization is becoming an increasing threat to biodiversity. Approximately 90% of the ocean’s fisheries are overexploited, fully exploited, or have collapsed entirely. The issue of overfishing arose in the mid-1900s after the industrialization of the fishing industry. Once dominated by local fishermen, the industry now features commercial fleets with the technology to locate, extract, and process large numbers of specific fish species. An early 2000s study reported that only 10% of large ocean fish remained after years of industrial fishing, including the highly migratory Pacific Bluefin Tuna (“PBT”).
In 2016, the PBT …
An Opportunity That Should Not Be Missed: Applying Chinese Policy That Promotes Efficient Air Conditioning To Countries That Need It, Xiaopu Sun, Houfu Yan, Shekun Wang, Tad Ferris
An Opportunity That Should Not Be Missed: Applying Chinese Policy That Promotes Efficient Air Conditioning To Countries That Need It, Xiaopu Sun, Houfu Yan, Shekun Wang, Tad Ferris
Sustainable Development Law & Policy
Introduction
As the world warms, the growing use of air conditioners (“ACs”) and other cooling equipment becomes essential for human comfort and public health. In addition, cooling-equipment energy and refrigerant consumption also presents tremendous climate mitigation opportunities. The most efficient ways to capture much of the climate benefit lie in the hands of a small number of AC manufacturing and exporting countries, including China, which manufactures over 80% of global room ACs with a large amount of this cooling equipment destined for export. This article highlights one of China’s policies, the “Same Line, Same Standard and Same Quality” policy (“Same-Line …
About Sdlp
Sustainable Development Law & Policy
The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.
Because our publication focuses on reconciling the tensions found within our ecosystem, it spans a broad range of environmental issues such as sustainable development; trade; renewable energy; environmental justice; air, water, and …
Editor's Note, Keanu Bader, Alexis Bauman
Editor's Note, Keanu Bader, Alexis Bauman
Sustainable Development Law & Policy
Dear Readers,
The Sustainable Development Law & Policy Brief (SDLP) is celebrating twenty-one years of legal scholarship on issues related to environmental, energy, and international development law. We are honored to be the Editors-in-Chief at this pivotal moment in SDLP’s history. Over the past twenty one years, SDLP has addressed cutting-edge legal issues developing within international environmental law. This year is no different, as the COVID-19 Pandemic has impacted our communities, we rose to the challenge to continue to publish articles that push the limits of legal theory and policy, while giving a space for students to …
Endnotes, David Hunter
Nothing Shellfish About It: Why The Fad Needs To Update The Seafood List To Require Geographic Origin And Species-Specific Shrimp Labeling, Bree Evans
Sustainable Development Law & Policy
Introduction
Imagine you are seated at a nice restaurant down by the wharf where you live. You are celebrating a job offer, out for a romantic night with your partner, or just craving some salt air and a great meal. You would expect the shrimp tacos brought to your table to be fresh and local—the fishing boats are docked just across the boardwalk. But the seafood brought to your table seems off somehow, not quite the same as you remembered it. Unfortunately, this experience is more common than you might think, and it’s getting harder to know how fresh and …
A Silver Bullet: Could Data Linking Urban Heat Islands To Housing Discrimination Curtail Environmental Racism?, Russell Armstrong
A Silver Bullet: Could Data Linking Urban Heat Islands To Housing Discrimination Curtail Environmental Racism?, Russell Armstrong
Sustainable Development Law & Policy
“[A]ll things share the same breath— the beast, the tree, the man …the air shares its spirit with all the life it supports.”
Google “Chief Seattle” and you will likely find that quote. We now know it is a work of fiction after several misinterpretations and fabrications of Dr. Henry Smith’s original translation. We also know now that all people, particularly Black Americans, do not all breathe the same air. Instead, Black Americans and other underrepresented minorities are subjected to the toxic effects of climate change at increasingly disproportionate rates. Controlling for income, studies find racial identity is the most …
Manufacturers Beware Of Right To Repair: An Analysis Of The Resurgence Of Right To Repair & The Legal Consequences Of Third-Party Access To Embedded Software In The ‘Internet Of Things’ Era, Lindsey Barringto
Sustainable Development Law & Policy
On March 18, 2019 California became the twentieth state to introduce Right to Repair legislation in one year. The policy objectives for Right to Repair are straightforward: advocate for federal and state laws that make it easier for owners of consumer goods to ix a device when it breaks rather than relying on the Apple store. However, since 2014, small farmers have joined the Right to Repair movement because major manufacturers, such as John Deere, have consolidated dealer networks in response to the consolidation of farming in the past decade.
While proponents for Right to Repair legislation argue that consumers …
Climate Gentrification: An Imminent Threat To Oceanfront Cities, Marcel Apple
Climate Gentrification: An Imminent Threat To Oceanfront Cities, Marcel Apple
Sustainable Development Law & Policy
Overview
Traditionally, gentrification occurs when real estate prices appreciate, leading to significant cultural change in low-income communities and involuntary displacement of low-income residents. In recent years, Miami, Florida is beginning to feel the impacts of “climate gentrification.” High-income buyers, who historically develop property close to the ocean, are affected by rising sea levels and increasingly look inland to develop areas on higher ground. The influx of real estate investments in these is expected to lead to spiking home prices and property taxes, forcing many longtime community members to abandon their homes.
Homeowners in these communities already report approaches from developers …
Canada’S Arctic Policy Framework: Governance Transformation In Nunavut, C. Mark Macneill
Canada’S Arctic Policy Framework: Governance Transformation In Nunavut, C. Mark Macneill
Sustainable Development Law & Policy
On August 28, 2017 Canada’s Prime Minister, Justin Trudeau committed to a renewed relationship with Indigenous Peoples based on the recognition of rights, respect, co-operation and partnership. To accomplish this mission, major structural changes in how the Government of Canada engages and relates with Indigenous peoples across the country were co-developed with indigenous, territorial and provincial partners to form a new Arctic Policy Framework (APF). This has had major implications of departmental transformation, particularly for the former Department of Indigenous and Northern Affairs (INAC), Nunavut. Regional Office (NRO), its staff, programs, and operations.
Splitting Canada’S Northern Strategy: Is It Polar Mania?, C. Mark Macneill
Splitting Canada’S Northern Strategy: Is It Polar Mania?, C. Mark Macneill
Sustainable Development Law & Policy
On July 15, 2019, Prime Minister Justin Trudeau’s legislation splitting Indigenous and Northern Affairs Canada (INAC) into two new departments and dissolving INAC came into effect. The same legislation also formally established the mandates of the two new departments, Crown-Indigenous Relations and Northern Affairs (CIRNAC) and Indigenous Services Canada (ISC). The Government of Canada passed the legislation to develop deeper relations and higher levels of collaboration with Canada’s Indigenous people to build stronger and healthier northern communities. Dovetailing with the splitting of INC, Prime Minister Justin Trudeau announce the Arctic Policy Framework (APF). The APF was co-developed with indigenous, territorial, …
Transboundary Air Pollution In Northeast Asia: Two Pathways Forward For China And South Korea, Yeeun Uhm, Creighton Barry
Transboundary Air Pollution In Northeast Asia: Two Pathways Forward For China And South Korea, Yeeun Uhm, Creighton Barry
Sustainable Development Law & Policy
Simply put, air pollution kills. Each year, more than 5.5 million people die from illnesses caused by breathing polluted air worldwide. In 2013 alone, one in ten deaths globally were associated with air pollution. Such alarming statistics ought to provide governments a strong incentive to combat air pollution, but toxic air unrelentingly blankets places like New Delhi, Seoul, and Bangkok. Fundamentally, this may be because humans take the atmosphere for granted as a place to dump industrial waste. This article will discuss two alternative pathways to addressing transboundary air pollution between China and South Korea. One involves binding international dispute …
Sdlp After 20: Sustainable Development In The Anthropocene, David Hunter
Sdlp After 20: Sustainable Development In The Anthropocene, David Hunter
Sustainable Development Law & Policy
This volume marks the 20th anniversary of Sustainable Development Law and Policy (SDLP) published by the students of American University’s Washington College of Law. SDLP was founded to explore the legal and policy dimensions of sustainable development (i.e. the simultaneous pursuit, or integration, of economic development, environmental protection, and social welfare). During its twenty years, SDLP has provided a forum for scholars, practitioners, and students to analyze the complex challenges to achieving economic and social justice within the constraints of our planet’s natural environment. From its first volume addressing liability for carbon trading, the regulation of genetically modified organisms, and …
About Page, Sustainable Development Law And Policy Brief
About Page, Sustainable Development Law And Policy Brief
Sustainable Development Law & Policy
The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.
Because our publication focuses on reconciling the tensions found within our ecosystem, it spans a broad range of environmental issues such as sustainable development; trade; renewable energy; environmental justice; air, water, and …
Editor's Note, Brianna Delduca, Hannah Gardenswartz
Editor's Note, Brianna Delduca, Hannah Gardenswartz
Sustainable Development Law & Policy
Dear Readers,
This issue is a celebration of Sustainable Development Law & Policy Brief’s (SDLP’s) twentieth anniversary. It has been a privilege to oversee SDLP during this tumultuous time. Now more than ever, we need to focus on global ramifications of the human environment. Over the past twenty years, SDLP has discussed developing theories in international environmental law. While we are living in strange times, SDLP continues to be a place to discuss how humans interact with the environment.
For this issue, we are celebrating twenty years by publishing articles and features that look at where the law of sustainable …
Endnotes, Joan F. Chu
Endnotes, Joan F. Chu
Sustainable Development Law & Policy
Underserved Communities Trashed by Plastic; Continued
And Endnotes
Underserved Communities Trashed By Plastic: Slowing The Proliferation Of Petroleum Based Products Through Stewardship Laws And Enhanced Back-End Regulatory Solutions, Joan F. Chu
Sustainable Development Law & Policy
Introduction
Plastic pollution has attracted a tremendous amount of attention and press coverage in early 2021 as evidenced in news stories; an episode of John Oliver’s show, “Last Week Tonight”; and a viral tweet from Greta Thunberg highlighting a study linking plastic pollution to human penises shrinking. These eye-catching pieces stemmed from Dr. Shanna H. Swan’s work that culminated in her book, Count Down: How Our Modern World Is Threatening Sperm Counts, Altering Male and Female Reproductive Development, and Imperiling the Future of the Human Race. Other articles have highlighted plastic pollution’s impact on polar bears, which causes their penis …
Bison, Tribes, And Brucellosis In The Interagency Bison Management Plan, Bailey Nickoloff
Bison, Tribes, And Brucellosis In The Interagency Bison Management Plan, Bailey Nickoloff
Sustainable Development Law & Policy
Introduction
It would be in the best interest of the Interagency Bison Management Plan (“IBMP”) and its affiliated agencies to allow Tribal governments and Tribal members to hunt bison within Yellowstone National Park (“YNP”). This would help to reduce the spread of brucellosis, reduce the environmental impacts from bison in YNP, and honor the treaties signed between the United States and Tribal governments. These agencies can accomplish this by implementing treaty hunting rights in a new Environmental Impact Statement (“EIS”) and within an existing legal framework.
Paving A Path To Independent Tiny Living: An Introduction To Roadblocks, Jaclyn Troutner
Paving A Path To Independent Tiny Living: An Introduction To Roadblocks, Jaclyn Troutner
Sustainable Development Law & Policy
“Tiny living” is a growing trend in which small-scale, ecoconscious housing is used as an alternative means for homeownership. Tiny homes are smaller than the average detached home with the appearance and character of a traditional freestanding residential home. They are one-story, single-occupant dwellings and usually constructed on a trailer base for towing. State-of-the-art building techniques provide a lower environmental burden and utility cost per square foot. Due to their smaller size, tiny homes are cheaper with an average price of $52,000, opening a wider door to home ownership. The typical design is to include all the standard amenities and …
Rulemaking Doubletake: An Opportunity To Repair And Strengthen The National Environmental Policy Act, Rachel Keylon
Rulemaking Doubletake: An Opportunity To Repair And Strengthen The National Environmental Policy Act, Rachel Keylon
Sustainable Development Law & Policy
Introduction
In the middle of the twentieth century, there was a turning point in the United States and around the world in the understanding of the human relationship with the natural environment and natural resources. It was a shift from a perspective of natural resources endlessly available for exploitation to a perspective that natural resources are finite, and conservation and preservation are necessary to ensure that these resources are available for future generations. The accumulation of chronic environmental degradation, such as the unchecked proliferation of pesticides and other toxic chemicals, pollution to the nation’s waters, loss of land to erosion, …
About Sdlp
Sustainable Development Law & Policy
The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.
Because our publication focuses on reconciling the tensions found within our ecosystem, it spans a broad range of environmental issues such as sustainable development; trade; renewable energy; environmental justice; air, water, and …
Editor's Note, Juliette Jackson, Bailey Nickoloff
Editor's Note, Juliette Jackson, Bailey Nickoloff
Sustainable Development Law & Policy
Dear Readers,
For more than two decades, the Sustainable Development Law and Policy Brief (SDLP) remains true to its mission of providing innovative solutions to some of the most important legal issues related to environmental law, energy law, and natural resources law. We are honored to be the Editors-in-Chief during these unprecedented times in our history, as we witnessed a historical presidential election and now enter the third year of the COVID-19 global pandemic. Despite these unparalleled times, the SDLP staff brought our readership another great issue.
In this issue, our authors provide an in-depth analysis into current regulations and …
A Broad View Of Broadview Solar: How Ferc’S Whiplash-Inducing Orders Expand The Scope Of Purpa, Christopher Cerny
A Broad View Of Broadview Solar: How Ferc’S Whiplash-Inducing Orders Expand The Scope Of Purpa, Christopher Cerny
Minnesota Journal of Law, Science & Technology
No abstract provided.
The Road Ahead For Environmental Impact Assessment In India: Insights From Expansion In Coal Mining, Sneha Thapliyal, Meenakshi Kapoor, Krithika Dinesh
The Road Ahead For Environmental Impact Assessment In India: Insights From Expansion In Coal Mining, Sneha Thapliyal, Meenakshi Kapoor, Krithika Dinesh
Articles
One of the most contentious changes proposed in the draft environmental impact assessment notification, 2020 in India is the circumvention of public consultations for the expansion of projects for up to 50% of their original capacity. Similar exemption from public hearing, albeit for 40% capacity expansion, has been permitted as a special case for the coal mining sector since 2017. The minutes of the meetings of the coal mining expert appraisal committee between August 2017 and January 2021, which reviewed the requests for coal mine expansion, are analysed herein. It was found that the expert appraisal committees had effectively sidelined …
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.
Toward Indigenous Visions Of Nature-Based Solutions: An Exploration Into Canadian Federal Climate Policy, Graeme Reed, Nicolas D. Brunet, Deborah Mcgregor, Curtis Scurr, Tonio Sadik, Jamie Lavigne, Sheri Longboat
Toward Indigenous Visions Of Nature-Based Solutions: An Exploration Into Canadian Federal Climate Policy, Graeme Reed, Nicolas D. Brunet, Deborah Mcgregor, Curtis Scurr, Tonio Sadik, Jamie Lavigne, Sheri Longboat
Articles & Book Chapters
Political traction for nature-based solutions is rapidly growing as governments recognize their role in addressing the simultaneous climate and biodiversity crises. While there has been recognition of the role of Indigenous Peoples in nature-based solutions, there has also been limited academic review on their relationship. This paper explores how the Government of Canada’s conceptualization of nature-based solutions either support or prevent Indigenous sustainable self-determination. Drawing on past policy frameworks, we construct a novel four-dimensional sustainable self-determination policy lens focused on: Indigenous knowledge systems; Indigenous jurisdiction over land; the full and effective participation of Indigenous Peoples; and Indigenous Peoples as rights-holders …
The Covid–19 Pandemic Highlighted The Need For Mandated Esg Disclosures: Now What?, Nicholas P. Mack
The Covid–19 Pandemic Highlighted The Need For Mandated Esg Disclosures: Now What?, Nicholas P. Mack
University of Miami Business Law Review
This is not simply your run–of–the–mill COVID–19 article. Instead, this article highlights a salient issue that has been right in front of our eyes this whole time and COVID–19 simply took our blinders off. ESG—short for environmental, social, and governance—is gaining significant momentum both at the firm level and in investment strategy, yet the SEC is trailing behind in ensuring the market is adequately informed of firms’ ESG information. It is important to note that the COVID–19 pandemic initially threw the market into an unanticipated downward spiral; however, many ESG funds still managed to outperform the market in the midst …