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Full-Text Articles in Law
Examining The Ethics Of Environmental Offsets: A Response To Biocentric Objections To Biodiversity Offsetting, Meredyth Merrow
Examining The Ethics Of Environmental Offsets: A Response To Biocentric Objections To Biodiversity Offsetting, Meredyth Merrow
UC Law Environmental Journal
No abstract provided.
The Right To A Clean Environment In Nigeria: A Fundamental Right?, Ayodele Babalola
The Right To A Clean Environment In Nigeria: A Fundamental Right?, Ayodele Babalola
UC Law Environmental Journal
In most common law systems, environmental liability has developed from actions under tort to fundamental rights actions. In between this development, legislatures in common law countries have enacted and amended statutes that stipulate environmental liability and enforcement.1 It is logical to imagine that an unhealthy environment will have negative impacts on lives and property, which are protected fundamental rights in most countries. It is also desirable for a system to have multiple avenues available for the enforcement of sound environmental practices and processes. This Article examines whether environmental rights can be enforced via fundamental rights action under Chapter IV of …
Legal Rights For Nature: How The Idea Of Recognizing Nature As A Legal Entity Can Spread And Make A Difference Globally, Kaitlin Sheber
Legal Rights For Nature: How The Idea Of Recognizing Nature As A Legal Entity Can Spread And Make A Difference Globally, Kaitlin Sheber
UC Law Environmental Journal
In recent years, a growing number of States have granted legal status to natural entities. First, this paper looks at case studies to determine how this trend has emerged in individual Nations, be it through extensive litigation as seen in New Zealand, a court decision as seen in India, or through the restructuring of a legal system as seen in Ecuador. Next follows a discussion of legal tools that have been used and their accomplishments, especially through lawsuits in Ecuador, as well as legal work that could be accomplished in New Zealand. After, this essay looks at how the idea …
A Solution To Plastic Pollution? Using International Law To Shape Plastic Regulation In The United States, Allyssa Rose
A Solution To Plastic Pollution? Using International Law To Shape Plastic Regulation In The United States, Allyssa Rose
UC Law Environmental Journal
The single-use plastic bag has become a prolific symbol of plastic pollution across the world. These convenient, lightweight bags may clog drainage systems or become a lethal snack for animals when not recycled properly. Due to the social and environmental harms caused by these bags, countries across the world have implemented legislation to tax plastic bags, or in some cases, ban their use all together. This paper seeks to identify the difference in approaches used by the Global North and Global South to determine the best approach for the United States to implement. Zealous advocacy on behalf of the plastics …
Shining A Light On High Seas Transhipment: The Need To Strengthen Observer Reporting Of Transhipments In The Western And Central Pacific Fisheries Commission, Chris Wold, Alfred “Bubba” Cook
Shining A Light On High Seas Transhipment: The Need To Strengthen Observer Reporting Of Transhipments In The Western And Central Pacific Fisheries Commission, Chris Wold, Alfred “Bubba” Cook
UC Law Environmental Journal
No abstract provided.
Use Of Force In Crisis: A Comparative Look At The Domestic And International Laws Governing The Use Of U.S. Military Force To Respond To Mass Climate Refugee Migration, Holly Locke
UC Law Environmental Journal
Since the late 20th century, nations increasingly task their militaries with managing and responding to the influx of migration and refugees into sovereign nations. As a result, the U.S. military identified climate change to be a major security concern as the Department of Defense dedicates more resources to responding to this new class of refugee, among other climate related concerns. This paper explores the current scope of mass climate refugee migration and the role the U.S. military plays in responding to that migration. Specifically, this paper will explore the various legal frameworks, or lack thereof, of both domestic and international …
Non-Legislative Rules Need Scrutiny Too: The Curious Case Of The Appropriate Care Standard, Ryan Mitchell
Non-Legislative Rules Need Scrutiny Too: The Curious Case Of The Appropriate Care Standard, Ryan Mitchell
UC Law Environmental Journal
No abstract provided.
A Tale Of Two Portlands: How Port Cities Can Survive Dormant Commerce Clause Challenges To Fossil Fuel Shipping Restrictions, Kayla Race
UC Law Environmental Journal
Five port cities—Portland, Oregon; South Portland, Maine; Oakland, California; Longview, Washington; and Salt Lake City, Utah—have something in common: they all restricted the handling of fossil fuels at their shipping terminals. Moreover, impacted industries have responded with nearly identical dormant Commerce Clause-based lawsuits against the first four of those localities. This Article examines how much latitude cities have under the dormant Commerce Clause to restrict the handling of fossil fuels at their ports, using as case studies two recent court decisions upholding the ordinances of Portland, Oregon and South Portland, Maine under the dormant Commerce Clause. In addition, because the …
Governing The Salish Sea, Kyla Wilson
Governing The Salish Sea, Kyla Wilson
UC Law Environmental Journal
No abstract provided.
Asian Carp, The Chicago Area Water System, And Aquatic Invasive Species Management In The Great Lakes, Charles Lyons
Asian Carp, The Chicago Area Water System, And Aquatic Invasive Species Management In The Great Lakes, Charles Lyons
UC Law Environmental Journal
Aquatic Invasive Species (AIS) management is an essential component to the health, integrity, and conservation of the Great Lakes as a whole. Asian carp is the most recent AIS threat to the region. While litigation and interstate agreements have not stemmed the fear of the potential effects of the introduction of Asian carp to the Great Lakes, it has encouraged agency action to address the issue. However, the success of implementing proposed measures requires funding and congressional approval with questions regarding their efficacy remaining unknown. Due to the lack of a comprehensive overarching federal statute addressing AIS management in its …
Wildlife Is Not Crying Wolf: How Fish & Wildlife Service Can Utilize The Endangered Species Act To Mitigate Hybridization Threats To Listed Species, Kimberly Willis
Wildlife Is Not Crying Wolf: How Fish & Wildlife Service Can Utilize The Endangered Species Act To Mitigate Hybridization Threats To Listed Species, Kimberly Willis
UC Law Environmental Journal
As humans modify Earth’s landscapes and climate change fundamentally alters ecosystems, separately evolving wildlife populations may once again meet and interbreed with one another. This hybridization process may ultimately drive the less prolific of the two populations into extinction. U.S. Fish & Wildlife Service (“FWS”) has failed to fully utilize the tools within the Endangered Species Act (“ESA”) to adequately address the unique problems of species hybridization. Although FWS has resisted attempts to delist species undergoing hybridization, their recovery plans and critical habitat designations fall short of maximizing the potential for species recovery. This paper first explores the current regulatory …
The Growing Problem Of Space Debris, Sophie Kaineg
The Growing Problem Of Space Debris, Sophie Kaineg
UC Law Environmental Journal
No abstract provided.
Easements, Exchanges, And Equity: Models For California’S Climate And Housing Crises, Chase Stone
Easements, Exchanges, And Equity: Models For California’S Climate And Housing Crises, Chase Stone
UC Law Environmental Journal
No abstract provided.