Law Commons^™

Environmental Racism In St. Louis, Thomas Harvey, John Mcannar, Michael-John Voss, Dutchtown South Community Corporation, Action St. Louis, Sierra Club

All Faculty Scholarship

This report calls out environmental racism-"the disproportionate impact of environmental hazards on people of color"1-in St. Louis. While these disparities have been part of the long-standing discriminatory and profit-driven policies and practices known too well by black St. Louisans, the issue of environmental racism has rarely been addressed in the City.

At least three recent reports- For the Sake of All,2 Segregation in St. Louis: Dismantling the Divide,3 and Equity lndicators4-document the heavy health, economic, and quality of life burdens that the St. Louis region imposes on its black residents. This report complements those by focusing on the burdens related …

Let's Talk Protecting Endangered Species, Clifford J. Villa, Ty Bannerman, Will Cavin, Taylor Jones, Ari Biernoff

Faculty Scholarship

The Trump Administration recently changed Endangered Species Act regulations affecting how species are removed from endangered status and streamlining permits for the oil and gas and ranching industries. Environmentalists say the rules weaken protections. How could the new rules change industry and conservation in New Mexico?

Cercla Cleanup 2019.08.22 Response From Navy Re Remedial Goals And Prg Vs. Resrad, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

August 22, 2019 response from the Navy to Greenaction’s June 28 letter pointing to various inadequacies in the Navy’s review of protectiveness in the remedial design for the cleanup at the Shipyard. (2 pages)

Redefining Leadership In The Age Of The Sdgs: Accelerating And Scaling Up Delivery Through Innovation And Inclusion, Phumzile Mlambo-Ngcuka, Rangita De Silva De Alwis

All Faculty Scholarship

In 2015 the United Nations adopted seventeen Sustainable Development Goals (SDGs) to promote prosperity while protecting the environment. Our research examines how the SDGs, considered the grandest vision for sustainable development for the world, can be accelerated by ambitious leaders in the field of innovation. Through careful selection based on the type of industry, scale, impact, and diversity, we study a cohort of bold leaders who are shaping a brave new world. In turn, the urgent charge of the SDGs provides a platform and an innovation lab to incubate new ideas for inclusion and technologies.

The New Food Safety, Margot J. Pollans, Emily M. Broad Leib

Elisabeth Haub School of Law Faculty Publications

A safe food supply is essential for a healthy society. Our food system is replete with different types of risk, yet food safety is often narrowly understood as encompassing only foodborne illness and other risks related directly to food ingestion. This Article argues for a more comprehensive definition of food safety, one that includes not just acute, ingestion-related risks, but also whole-diet cumulative ingestion risks, and cradle-to-grave risks of food production and disposal. This broader definition, which we call “Food System Safety,” draws under the header of food safety a variety of historically siloed, and under-regulated, food system issues including …

You Don’T Need Lungs To Suffer: Fish Suffering In The Age Of Climate Change With A Call For Regulatory Reform, David N. Cassuto, Amy O'Brien

Elisabeth Haub School of Law Faculty Publications

Fish are sentient — they feel pain and suffer. Yet, while we see increasing interest in protecting birds and mammals in industries such as farming and research (albeit few laws), no such attention has been paid to the suffering of fish in the fishing industry. Consideration of fish welfare including reducing needless suffering should be a component of fisheries management. This article focuses on fisheries management practices, the effects of anthropogenic climate change on fisheries management practices, and the moral implications of fish sentience on the development and amendment of global fishing practices. Part I examines domestic and international fisheries, …

California Department Of Public Health: Petition Cdph Response, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

July 31, 2019 letter from Gonzalo Perez, Environmental Program Manager at the Radiological Health Branch of the CA Department of Public Health, responding to Greenaction’s July 23 inquiry, noting that CDPH is tracking the NRC and other proceedings related to Tetra Tech’s fraud, and that Tetra Tech's last radiological work in California pre-dated Greenaction’s challenge.

California Department Of Public Health: Petition Request For Action On Petition, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

July 23, 2019 letter to Gonzalo Perez, Environmental Program Manager at the Radiological Health Branch of the CA Department of Public Health, asking for a response or action related to Greenaction’s petition to revoke Tetra Tech’s California Radiological Materials License.

Investing In America's Surface Transportation Infrastructure: The Need For A Multi-Year Reauthorization Bill: Hearing Before The S. Comm. On Env't & Pub. Works, 116th Cong., July 10, 2019, Vicki Arroyo

Testimony Before Congress

The Fourth National Climate Assessment, released in November 2018, described the serious impacts of climate change already being felt throughout the U.S., and made clear that the risks to communities all across the country are growing rapidly.

These findings, along with those in the 2018 Intergovernmental Panel on Climate Change (IPCC) report should serve as an immediate call to action. Even if we manage to limit planetary warming to just 2 degrees Celsius, the world will still face increased chances of economic and social upheaval from more severe flooding, droughts, heatwaves, and other climate impacts as well as devastating environmental …

Shellfish Production In Virginia: Private Leasing Grounds, Nathan Burchard

Virginia Coastal Policy Center

During its 2019 session, the Virginia General Assembly passed numerous pieces of legislation related to the private leasing grounds program. In addition to increasing lease application and transfer fees and requiring that VMRC establish a fee structure for lease renewals, the new legislation also expanded the factors for VMRC to consider when approving, renewing, or transferring a lease. In spring 2019, VMRC formed the Aquaculture Management Advisory Committee (AMAC), which will provide ongoing management advisory assistance to VMRC staff and continue to address shellfish management issues addressed by the SNR Work Group. AMAC is comprised of industry, nonprofit, and academic …

Briefing For Civil Society Organizations – Understanding Commercial Eucalyptus Plantations: How Do They Work And What Are Their Environmental Impacts?, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

If a company wants to use a community’s land for eucalyptus plantations, the community should think carefully about whether this is a good idea. Civil society organizations that support communities can use this briefing to help communities understand the potential environmental impacts the community should be aware of. The briefing explains plantation forestry and the life-cycle of eucalyptus tree plantations. It also notes the different possible negative environmental impacts of eucalyptus plantations before exploring how this information can be factored into community decision-making about a proposed eucalyptus plantation. While the briefing focuses on eucalyptus plantations, a lot of it will …

Mask Off - The Coloniality Of Environmental Justice, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Shellfish Production In Virginia: Public Grounds, Geoffrey Grau

Virginia Coastal Policy Center

One potential impediment to the continued growth of the aquaculture industry in Virginia is the current management framework associated with the use of the public Baylor Grounds. Virginia’s constitution provides, in part, that the “natural oyster beds, rocks, and shoals in the waters of the Commonwealth shall not be leased, rented, or sold but shall be held in trust for the benefit of the people of the Commonwealth.” Originally, oyster beds in the Chesapeake Bay (the “Bay”) were so plentiful that “oyster reefs rose so high that they grazed the bottoms of boats sailing the Bay.” By the late 19th …

Making Sustainability Disclosure Sustainable, Jill E. Fisch

All Faculty Scholarship

Sustainability is receiving increasing attention from issuers, investors and regulators. The desire to understand issuer sustainability practices and their relationship to economic performance has resulted in a proliferation of sustainability disclosure regimes and standards. The range of approaches to disclosure, however, limit the comparability and reliability of the information disclosed. The Securities & Exchange Commission (SEC) has solicited comment on whether to require expanded sustainability disclosures in issuer’s periodic financial reporting, and investors have communicated broad-based support for such expanded disclosures, but, to date, the SEC has not required general sustainability disclosure.

This Article argues that claims about the relationship …

Conferring Legal Personality On The World's Rivers: A Brief Intellectual Assessment, Gabriel Eckstein, Ariella D'Andrea, Virginia Marshall, Erin O'Donnell, Julia Talbot-Jones, Deborah Curran, Katie O'Bryan

Faculty Scholarship

The following compilation is substantially reproduced and adapted from a series of essays that appeared in the blog of the International Water Law Project (www.inter nationalwaterlaw.org). The series was solicited in response to the unique recent phenomenon in which a number of courts and legislatures around the world have conferred legal personality on particular rivers. What resulted is a fantastic, thoughtprovoking and timely compilation.

In effect, various water bodies around the world have been accorded legal rights – some though legislative actions and others via judicial decisions – that in some jurisdictions, equate with those recognized in human beings. Although …

Cercla Cleanup 2019.06.28 Navy Use Of Prg Vs. Resrad, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

June 28, 2019 letter to Laura Duchnack, BRAC PMO, requesting meaningful public participation and challenging the use of RESRAD. (18 pages)

Nrc Petition: Supplemental Filing 4 Exhibit 2 - Bowers 2nd Nrc Declaration, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Declaration of Bert Bowers in support of June 21, 2019 Supplemental Filing No. 4 and Supplemental Prayer For Relief.

Nrc Petition: Supplemental Filing No. 4, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

June 21, 2019 filing to NRC: Supplemental Filing No. 4 and Supplemental Prayer For Relief.

Nrc Petition: Supplemental Filing 4 Exhibit 7 - Declaration Of Steven J Castleman, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Declaration of Steven J. Castleman in support of June 21, 2019 Supplemental Filing No. 4 and Supplemental Prayer For Relief.

Takings Implications Of Offshore Wind Energy Development, Marine Affairs Institute, Roger Williams University School Of Law, Jourdan Thompson, Read Porter

Sea Grant Law Fellow Publications

This study reviews the potential takings liability associated with government development of wind turbine projects in offshore areas. It begins by introducing the development of the offshore wind industry in the U.S. and the benefits and potential impacts associated with this industry. Section 2 explains and evaluates potential takings claims under each of four theories: (1) direct appropriation or physical invasion; (2) categorical takings; (3) partial takings; and (4) nuisance takings. Section 3 concludes.

Fostering Adaptive Marine Aquaculture Through Procedural Innovation In Marine Spatial Planning, Robin Kundis Craig

Utah Law Faculty Scholarship

Worldwide, as wild-caught commercial fisheries plateau and human demands for protein increase, marine aquaculture is expanding. Much marine aquaculture is inherently adaptable to changing climatic and chemical conditions. Nevertheless, siting of marine aquaculture operations is subject to competing environmental, economic, and social demands upon and priorities for ocean space, while some forms of marine aquaculture can impose other externalities on marine systems, such as pollution from wastes (nutrients) and antibiotics, consumption of wild fish as food, and introduction of non-native or genetically modified species. As a result, governmental policy decisions to promote both marine aquaculture that can adapt to a …

New Realities Require New Priorities: Rethinking Sustainable Development Goals In The Anthropocene, Robin Kundis Craig

Utah Law Faculty Scholarship

The United Nations 17 sustainable development goals are nominally unprioritized. However, numerically and rhetorically, the list effectively makes development goals more important than the environmental goals. This de facto prioritization, however, is deeply flawed in two respects. First, as early sustainable development theorists acknowledged, the environment is the boundary of, not co-equal to, development, constraining potential progress both economically and socially. The Anthropocene’s rapidly accelerating deterioration of the global ecological and physical processes that make human development possible will ultimately constrain development options and potential. Second, human priorities will also change dramatically as adaptation to climate change — the most …

Dealing With Climate Change Under The National Environmental Policy Act, Arnold W. Reitze Jr.

Utah Law Faculty Scholarship

The National Environmental Policy Act (NEPA) was an important environmental law for several decades before climate change became an issue of concern. Beginning in the 1990s efforts began to include in NEPA’s environmental assessments and environmental impact statements both the impact of federal government actions on climate change and the impact of climate change on proposed federal actions. These efforts were encouraged by the Council on Environmental Quality. However, implementation at the agency level has been uneven. Some Federal agencies have resisted making serious efforts to incorporate climate change impacts into their decision-making process. Moreover, the courts have not been …

Gold King Mine Spill: Environmental Law And Legal Protections For Environmental Responders, Clifford J. Villa

Faculty Scholarship

On August 5, 2015, EPA contractors working at the Gold King Mine in southwestern Colorado accidently released approximately three million gallons of contaminated mine water into the drainage of the Animas River. The water contained metals which created a bright orange plume that coursed down the Animas River and into the connecting San Juan River for many days, attracting nationwide attention and creating great concern for many local communities. The plume touched at least three states, three tribes, and numerous municipalities. The release fortunately did not prove an environmental catastrophe as many people feared at the time. However, it did …

Cwa In-Lieu Fee Mitigation: Project And Programmatic Risks, Erin Okuno, Rebecca Kihslinger, Royal C. Gardner, Christina Libre

Articles

No abstract provided.

Prosecutorial Discretion And Environmental Crime Redux: Charging Trends, Aggravating Factors, And Individual Outcome Data For 2005-2014, David M. Uhlmann

Law & Economics Working Papers

In a 2014 article entitled “Prosecutorial Discretion and Environmental Crime,” I presented empirical data developed by student researchers participating in the Environmental Crimes Project at the University of Michigan Law School. My 2014 article reported that 96 percent of defendants investigated by the United States Environmental Protection Agency and charged with federal environmental crimes from 2005 through 2010 engaged in conduct that involved at least one of the aggravating factors identified in my previous scholarship, namely significant harm, deceptive or misleading conduct, operating outside the regulatory system, and repetitive violations. On that basis, I concluded that prosecutors charged violations that …

Environmental Laws And Restrains Of Criminal Sanctions In India, Annapurna Pattnaik, Sabyasachi Das, Banalata Pradhan

Library Philosophy and Practice (e-journal)

The Issue Protection of environment has become one of the major global issues in 21^st century. Man's conquest over the nature and his capacity to manipulate his environment through scientific and technological accomplishment has made him callous not only toward himself but towards other living creatures, plants, living organisms and macro-organisms. The technological advancement and economic developments have brought comforts to many, but unfavourable to our ecosystem in many ways. There are different kind of pollutions such as Water pollution, Air Pollution, Environmental pollution, Soil pollution, Oceanic pollution, food pollution, fossil fuel pollution etc. Many contaminations mixed in solid …

Environmental Laws And Restrains Of Criminal Sanctions In India, Annapurna Pattnaik, Sabyasachi Das, Banalata Pradhan

Library Philosophy and Practice (e-journal)

The Issue Protection of environment has become one of the major global issues in 21^st century. Man's conquest over the nature and his capacity to manipulate his environment through scientific and technological accomplishment has made him callous not only toward himself but towards other living creatures, plants, living organisms and macro-organisms. The technological advancement and economic developments have brought comforts to many, but unfavourable to our ecosystem in many ways. There are different kind of pollutions such as Water pollution, Air Pollution, Environmental pollution, Soil pollution, Oceanic pollution, food pollution, fossil fuel pollution etc. Many contaminations mixed in solid …

Contagious Environmental Lawmaking, Natasha Affolder

All Faculty Publications

It is rare to find an environmental law development or ‘innovation’ announced or celebrated without some discussion of its transferability. Discourses of diffusion are becoming increasingly central to the way that we develop, communicate and frame environmental law ideas. And yet, this significant dimension of environmental law practice seems to have outgrown existing conceptual scaffolding and scholarly vocabularies. The concept, and intentionally unfamiliar terminology, of ‘contagious lawmaking’ creates a space for both fleshing out, and problematizing, the phenomenon of the dynamic and multi-directional transfer of environmental law ideas. This article sets the stage for further study of the global diffusion …

Considerations For Nisc’S Future Without Isac, Invasive Species Advisory Committee

National Invasive Species Council

The Invasive Species Advisory Committee (ISAC) was established in 1999 by Executive Order 131121 and furthered by Executive Order 137512 to provide consultation, feedback, information on particular issues, and expert advice generally for consideration by the National Invasive Species Council (NISC). ISAC is composed of distinguished, experienced volunteers from various organizations that are appointed to serve on the Committee by the Secretary of the Interior. Their task is to develop assessments on many aspects of the invasive species issue in the United States and to provide recommendations for the management, control, and response to key invasive species as articulated in …