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Full-Text Articles in Law

The Fossil Fuel Industry’S Push To Target Climate Protesters In The U.S., Grace Nosek Dec 2020

The Fossil Fuel Industry’S Push To Target Climate Protesters In The U.S., Grace Nosek

Pace Environmental Law Review

At the very moment when the United Nations has called for profound shifts in social and economic systems to avert climate catastrophe, state and non-state actors in the United States (U.S.) are using a series of tactics to target and stifle climate protesters. Although the move to stifle climate protesters is often framed as a government effort, this Article argues it is critical to draw out the role of the fossil fuel industry in initiating, amplifying, and supporting such tactics.

This Article highlights the role the fossil fuel industry has played in supporting the targeting and restricting of climate protesters …


The Hallmarks Of A Good Test: A Proposal For Applying The "Functional Equivalent" Rule From County Of Maui V. Hawaii Wildlife Fund, Damien M. Schiff, Glenn E. Roper Dec 2020

The Hallmarks Of A Good Test: A Proposal For Applying The "Functional Equivalent" Rule From County Of Maui V. Hawaii Wildlife Fund, Damien M. Schiff, Glenn E. Roper

Pace Environmental Law Review

The Clean Water Act generally requires a federal permit for the discharge of pollutants “from any point source” to navigable waters. It is undisputed that permits are required for discharges of pollutants from point sources that proceed “directly” to regulated waters. But there is much disagreement over the extent to which indirect point-source discharges are regulated. In an attempt to clarify, the United States Supreme Court in County of Maui v. Hawaii Wildlife Fund ruled that permits are required not just for direct point-source discharges, but also for any point-source discharge that is the “functional equivalent” of a direct point-source …


Of Sex Crimes And Fencelines: How Recognition Of Environmental Justice Communities As Crime Victims Under State And Federal Law Can Help Secure Environmental Justice, Joshua Ozymy, Melissa L. Jarrell Dec 2020

Of Sex Crimes And Fencelines: How Recognition Of Environmental Justice Communities As Crime Victims Under State And Federal Law Can Help Secure Environmental Justice, Joshua Ozymy, Melissa L. Jarrell

Pace Environmental Law Review

Environmental justice communities throughout the United States continue to face disproportionate health burdens from living near industrial sources of pollution. Such burdens were caused by historically racist public policies and continue to be perpetuated by inadequate regulatory responses at the federal and state level. State and federal law has increasingly recognized an emerging set of rights afforded to victims of crime in court proceedings. We argue that members of environmental justice communities should be viewed as crime victims and have the same rights applied as other victims of violent crime. Using case examples under the federal Crime Victims’ Rights Act …


Unveiling The “Trojan Horses” Of Gentrification: Studies Of Legal Strategies To Combat Environmental Gentrification In Washington, D.C. And New York, N.Y., Sarena Malsin Dec 2020

Unveiling The “Trojan Horses” Of Gentrification: Studies Of Legal Strategies To Combat Environmental Gentrification In Washington, D.C. And New York, N.Y., Sarena Malsin

Pace Environmental Law Review

No abstract provided.


Financing Our Future’S Health: Why The United States Must Establish Mandatory Climate-Related Financial Disclosure Requirements Aligned With The Tcfd Recommendations, Colin Myers May 2020

Financing Our Future’S Health: Why The United States Must Establish Mandatory Climate-Related Financial Disclosure Requirements Aligned With The Tcfd Recommendations, Colin Myers

Pace Environmental Law Review

No abstract provided.


All Dogs Get Regulatory Protection—And This Means Wolves Too: Extending Species- Specific Animal Welfare Act Protections, Megan Edwards May 2020

All Dogs Get Regulatory Protection—And This Means Wolves Too: Extending Species- Specific Animal Welfare Act Protections, Megan Edwards

Pace Environmental Law Review

No abstract provided.


Come Hell Or High-Water: Challenges For Adapting Pacific Northwest Water Law, Robert T. Caccese, Lara B. Fowler May 2020

Come Hell Or High-Water: Challenges For Adapting Pacific Northwest Water Law, Robert T. Caccese, Lara B. Fowler

Pace Environmental Law Review

The Pacific Northwest region of the United States has been recognized as a leader in crafting water laws that work to balance human needs and ecological considerations. However, this region is experiencing changing dynamics that test the strength of existing water policies and laws. Such dynamics include increasing populations, new and exempt uses, quantification of tribal treaty rights, species protection, renegotiation of the Columbia River Treaty, and the impacts of a changing climate. Together, these dynamics are stressing the legal framework, which remains vital to ensuring sustainable water supplies now and into the future. The history behind water resources management …


Bringing Animal Protection Legislation Into Line With Its Purported Purposes: A Proposal For Equality Amongst Non-Human Animals, Jane Kotzmann, Gisela Nip May 2020

Bringing Animal Protection Legislation Into Line With Its Purported Purposes: A Proposal For Equality Amongst Non-Human Animals, Jane Kotzmann, Gisela Nip

Pace Environmental Law Review

The United States has a strong history of enacting laws to protect animals from the pain and suffering inflicted by humans. Indeed, the passage of the Massachusetts’ Body of Liberties in 1641 made it the first country in the world to pass such laws. Nevertheless, contemporary animal protection laws in all jurisdictions of the United States are limited in their ability to adequately realize their primary purpose of protecting animals from unnecessary or unjustifiable pain and suffering. This is a result of limited statutory definitions of ‘animal’ and far-reaching exclusions commonly found in animal protection legislation. These exclusions frequently apply …


Public-Private Partnerships And Smart Growth: A Legislative Tool Kit For Public- Infrastructure Projects, Emma Lagle Jan 2020

Public-Private Partnerships And Smart Growth: A Legislative Tool Kit For Public- Infrastructure Projects, Emma Lagle

Pace Environmental Law Review

No abstract provided.


Extraterritoriality In Common Law Climate Actions: Judicial Restraint Or Judicial Error?, Aaron B. Rudyan Jan 2020

Extraterritoriality In Common Law Climate Actions: Judicial Restraint Or Judicial Error?, Aaron B. Rudyan

Pace Environmental Law Review

No abstract provided.


Omnipresent Chemicals: Tsca Preemption In The Wake Of Pfas Contamination, Frederick A. Mcdonald Jan 2020

Omnipresent Chemicals: Tsca Preemption In The Wake Of Pfas Contamination, Frederick A. Mcdonald

Pace Environmental Law Review

Over the past few decades, studies addressing the harms of PFAS have gradually progressed, and now scientists believe increased exposure could lead to reproductive defects and a higher risk of cancer. Given the amplified concern surrounding these pervasive chemicals, states are proactively filing lawsuits on behalf of their citizens and enacting legislation to combat this nation-wide contamination epidemic. However, given the 2016 Amendment to the Toxic Substances Control Act of 1976, states looking to regulate the manufacturing or looking to ratify a state- wide ban on the manufacturing of such chemicals may face preemption under actions taken by the United …


How Clean Is Clean?: An Analysis On The Difference Between The Affordable Clean Energy Rule And The Clean Power Plan And Why States Should Adhere To Stricter Emissions Standards, Katherine Mccormick Jan 2020

How Clean Is Clean?: An Analysis On The Difference Between The Affordable Clean Energy Rule And The Clean Power Plan And Why States Should Adhere To Stricter Emissions Standards, Katherine Mccormick

Pace Environmental Law Review

No abstract provided.


Biodiversity Impacts Of Investment And Free Trade Agreements, Lee C. Rarrick Jan 2020

Biodiversity Impacts Of Investment And Free Trade Agreements, Lee C. Rarrick

Pace Environmental Law Review

The following Article identifies the myriad ways in which international investment and free trade agreements interact with biodiversity. It categorizes these interactions into three main groups and provides a literature review of the various real-world and policy impacts. The first part analyses arbitration procedures in these agreements that investors and trade partners can invoke to protect their economic expectations from otherwise proper State action, including regulation that is intended to promote biodiversity. The next part evaluates biodiversity provisions that are included directly in the free trade and investment agreements themselves, or in side agreements thereto. Some of these provisions reference …


Seeing The Forest For The Trees: Public And Private Law Tools For Halting Deforestation, Harriette I. Resnick Jan 2020

Seeing The Forest For The Trees: Public And Private Law Tools For Halting Deforestation, Harriette I. Resnick

Pace Environmental Law Review

No abstract provided.


Land Use Strategies That Mitigate Climate Change, John R. Nolon Jan 2020

Land Use Strategies That Mitigate Climate Change, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article discusses techniques and strategies that municipal governments can employ to mitigate climate change, of which land use and municipal law lawyers should be aware.