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Full-Text Articles in Law
Recent Developments In Climate Justice, Randall S. Abate, Rachel Jean-Baptiste, Maria Antonia Tigre, Patricia Ferreira, Wil Burns
Recent Developments In Climate Justice, Randall S. Abate, Rachel Jean-Baptiste, Maria Antonia Tigre, Patricia Ferreira, Wil Burns
Journal Publications
Climate justice can be defined generally as addressing the disproportionate burden of climate change impacts on poor and marginalized communities. It seeks to promote more equitable allocation of these burdens at the local, national, and global levels through proactive regulatory initiatives and reactive judicial remedies that draw on international human rights and domestic environmental justice theories. Yet, efforts to define climate justice as a field of inquiry remain elusive and underinclusive; a recent book, Climate Justice: Case Studies in Global and Regional Governance Challenges (ELI Press 2016), seeks to fill that void by providing an overview of the landscape of …
Banning Metal Mining In Guatemala, Randall S. Abate, Raquel Aldana
Banning Metal Mining In Guatemala, Randall S. Abate, Raquel Aldana
Journal Publications
Metal mining is unsustainable for Guatemala and its harms insurmountable for its people. Guatemalans who oppose metal mining have been fighting for decades domestically and internationally against the environmental degradation and other human rights abuses from metal mining activities in the country with little to show for their efforts. The State is too weak and corrupt to offer much hope for reform. Guatemala requires extensive governance reforms to become the type of strong democracy capable of reaping the potential benefits of metal mining in its territory. This is a long-term project. Most Guatemalans opposed to metal mining already know this, …
Public Nuisance Suits For The Climate Justice Movement: The Right Thing And The Right Time, Randall S. Abate
Public Nuisance Suits For The Climate Justice Movement: The Right Thing And The Right Time, Randall S. Abate
Journal Publications
The climate justice movement seeks to provide relief to vulnerable communities that have been disproportionately affected by climate change impacts. Public nuisance litigation for climate change impacts is a new and growing field that could provide the legal and policy underpinnings to help secure a viable foundation for climate justice in the United States and internationally. By securing victories in the court system, these suits may succeed where the domestic environmental justice movement failed in seeking to merge environmental protection and human rights concerns into an actionable legal theory. This Article first examines the nature and scope of the climate …
Multicultural Participation In The Public Hearing Process: Some Theoretical, Pragmatical, And Analeptical Considerations, John C. Duncan, Jr.
Multicultural Participation In The Public Hearing Process: Some Theoretical, Pragmatical, And Analeptical Considerations, John C. Duncan, Jr.
Journal Publications
Ideally, public participation in rule-making leads to better rules. Failure to involve the public obviously dilutes or vitiates democracy in crucial ways. This Article will discuss the hearing process of administrative rule-making, and ways that agencies can accommodate multi-cultural differences so as to improve both access to participation and the efficacy of that participation. Specifically, this paper will discuss the environmental justice movement. Part II of this Article places participation problems in context by looking at specific issues of environmental equity in the rule-making process. Part III examines the need to expand public participation as a desirable goal, discusses obstacles …
Overcoming Environmental Discrimination: The Need For A Disparate Impact Test And Improved Notice Requirements In Facility Siting Decisions, Omar Saleem
Journal Publications
No abstract provided.