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Full-Text Articles in Law
The Constitutional Public Trust In A Warming World, Sean Lyness
The Constitutional Public Trust In A Warming World, Sean Lyness
Pace Environmental Law Review
The public trust doctrine—a state-specific doctrine that entrusts certain natural resources to the state to hold for the public—most often exists as a common law doctrine. But a handful of states have constitutionalized their version of the public trust. A growing body of jurisprudential evidence shows the constitutional public trust in action—or not—against climate change. This Article examines these cases brought by governmental plaintiffs—states and local governments—investigating whether constitutionalizing the public trust has made a difference. Although the results are nascent, early signs suggest that a constitutional public trust can result in more comprehensive and aggressive law- suits when wielded …
The Green Amendment: Assessing The Latest Tool In The Environmental Tool Belt, Carolyn Drell, Mia Petrucci
The Green Amendment: Assessing The Latest Tool In The Environmental Tool Belt, Carolyn Drell, Mia Petrucci
Pace Environmental Law Review
In the new edition of Maya K. van Rossum’s book, The Green Amendment: The People’s Fight for a Clean, Safe, and Healthy Environment, she presents the case for adopting green amendments protecting environmental rights into state constitutions and the Federal Constitution. This book review examines van Rossum’s arguments and raises legal concerns that prevent green amendments from providing a silver bullet solution to environmental harms. Despite these concerns that will likely resonate with practitioners, van Rossum increases the accessibility to the topic of green amendments for a wider audience, which is ultimately a net win for environmental advocacy.
Introduction, Samantha Blend, Haleigh Catalano, Kaitlyn Cameron
Introduction, Samantha Blend, Haleigh Catalano, Kaitlyn Cameron
Pace Environmental Law Review
Introduction