Law Commons^™

Enforcing Higher Standards For Flood Hazard Mitigation In Vermont, Tamsin Flanders

Masters Theses

The state of Vermont faces increasing risk of costly damage from catastrophic flooding events as climate change increases the frequency of heavy rains and cumulative precipitation. In addition to increasing flood inundation risk, extreme precipitation events are leading to high rates damage from fluvial erosion—erosion caused by the force of floodwater and the materials it carries. As in all U.S. states, flood hazard governance in Vermont is shared by multiple levels of government and involves a complex compliance model that relies on local governments to regulate private property owners to achieve community, state, or federal goals.

To encourage municipalities to …

Accession To The Convention For The Control And Management Of Ships’ Ballast Water And Sediments 2004 : The Case Of Vietnam, Long Viet Le

World Maritime University Dissertations

No abstract provided.

The Use Of Spanish Moss As A Biological Indicator To Examine Relationships Between Metal Air Pollution, Vegetation Cover, And Environmental Equity In Tampa, Florida, Yousif Abdullah

USF Tampa Graduate Theses and Dissertations

Studies of inequality in exposure to less common air pollutants, like metals, are often limited by the costs of high spatial resolution measurements. Spanish moss (Tillandsia usneoides) is a promising bioindicator for measuring air pollution due to its lower cost, enabling capture of time-average environmental concentrations at high spatial resolution. This study had three major aims. First, I aimed to use Spanish moss as a bioindicator to characterize ambient concentrations of selected metals (Ti, Cr, Mn, Co, Ni, Cd, Hg, Pb, As, and Sb) in Tampa, Florida. My second goal was to determine the impact of vegetation cover on metals …

Before The Ice Disappears: Pursuing Climate Justice For Inuit Women In The Context Of Mining In Nunavut, Angeline Bellehumeur

Electronic Thesis and Dissertation Repository

The Arctic’s rapid warming is increasing the potential for mining activity in Nunavut, and, consequently, Inuit women are increasingly at risk of experiencing the adverse and gendered impacts of mining, including gender-based violence. Through a theoretical framework influenced by feminism, Indigenous legal scholarship and legal anthropology, this thesis examines the flaws in the mining industry’s voluntary efforts to acquiring a social licence to operate and in the Nunavut mining regulatory regime, while also considering how the law can provide legal recourse through tort actions and Inuit Impact Benefit Agreements. In every instance, is clear that climate justice for Inuit women …

An Analysis Of The Human Rights Approach To Climate Change: The Right To A Healthy Environment, Intergenerational Equity And Climate Litigation, Unwana Emmanuel Udo

LLM Theses

Climate change litigation is a viable tool in the fight against climate change. For the past 2 decades, climate litigation has largely been based on torts and administrative law. However, courts have recently been quite receptive to human rights arguments in climate cases, thereby necessitating recognition of the human rights approach as an important facet of climate litigation. It is important for intergenerational equity to be integrated into the human rights approach to climate change. One of the major benefits of intergenerational equity to the human rights approach is its potential to catalyze the recognition of the right to a …

A Comparative Review Of Climate Change And Sustainable Development In Canada And Nigeria: The Path To A Greener Future., Mary Uchechi Nnabara

Master of Laws Research Papers Repository

Over the years, climate change and sustainable development have become global concerns that have attracted global attention. This is owing to the fact that human activities calculated to bring about economic growth and sustainable development have wrecked great havoc and disrupted the balance that exists between growth and the environment. It has therefore become crucial for nations to work towards a common goal which is to fight against climate change in order to achieve sustainable development.

This can be achieved by reducing activities that contribute to greenhouse gases in the atmosphere and to climate change. Also, countries will need to …

From Emission Trade Sysytem To Carbon Offset: Status And Progress Of Emission Control In Shipping Industry, Zhili Yao

World Maritime University Dissertations

No abstract provided.

Paradox In The Bayou: Development And Displacement In America’S Wetlands, Allison Oliver Haertling

University of New Orleans Theses and Dissertations

The bayou communities situated at the southern ends of Terrebonne Parish, Louisiana possess a rich and uniquely diverse cultural heritage. However, economic factors, combined with environmental issues such as land loss from oil and gas dredging, subsidence, and rising seas, have spurred significant migration “up the bayou” in recent decades, threatening the loss of these cultures and leaving behind a population that is growing increasingly more vulnerable. This study investigates the current and anticipated social, physical and fiscal impacts of persistent land loss and population decline on lower Terrebonne Parish, as well as planning strategies for maintaining existing infrastructure and …

Black Lives Matter In Engineering, Too! An Environmental Justice Approach Towards Equitable Decision-Making For Stormwater Management In African American Communities, Maya Elizabeth Carrasquillo

USF Tampa Graduate Theses and Dissertations

The United States and the world have recently been challenged with the disparate effects of COVID-19 and the continual killings of unarmed Black men and women across the nation. A history of anti-black racism has led to systemic structures of inequity that thread throughout institutions and communities across the nation. This environmental engineering research comes at a time when understanding how to effectively engage in, and with Black communities is at the forefront of discourse in academia, utilities and private sector.

In 2018 the Brookings Institute published a report on workforce in the water sector demonstrating the lack of diversity …

Evaluation Of United States Federal Oil Spill Policies: Deepwater Horizon Vs. Bouchard B120, Quinn Relihan

Honors Theses

ABSTRACT

RELIHAN, QUINN An Evaluation of United States Federal Oil Spill Regulations:

Deepwater Horizon vs. Bouchard B120. Department of Environmental Science, Policy and Engineering, June 2020.

Advisor: ILENE KAPLAN

The purpose of this study is to compare and contrast the background, impacts and treatment of two major oil spills and investigate the appropriateness of existing environmental policies and any need for new and/or different policies. The study traces the growth of relevant policy development and looks at historic and contemporary policy changes and applies this to the in-depth examination of the Bouchard B120 and the Deepwater Horizon spills.

Policy recommendations …

The Silent Killer, Breanna Dashanae Cavanaugh

Senior Theses

Many people around the world follow the slogan “Go Green” or “keep green and keep our planet green”. Do all countries and people within them follow those slogans? Do all countries uphold the standards of what it means to go green to keep the planet clean? The question can be answered with this simple statistic: The top 20 countries with the most polluted urban areas in order, Pakistan, Qatar, Afghanistan, Bangladesh, Egypt, UAE, Mongolia, India, Bahrain, Nepal, Ghana, Jordan, China, Senegal, Turkey, Bulgaria, Mauritius, Peru, Serbia and Iran. [1]Now, based off this image you will be able to see the …

Global Animal Law And International Trade Law After Ec-Seal Products: An Interactional Analysis, Katie Sykes

PhD Dissertations

This thesis is a case study of the formation of new norms in international law. The norms are those that concern animal protection. The thesis argues that international trade law is playing a part in the development of international legal norms for animal protection. The theoretical model applied is interactional international law, the theory of the constructivist international legal scholars Jutta Brunnée and Stephen Toope. Interactional theory posits that legitimate, binding international law arises from norms based on shared understandings, exhibits specifically legal characteristics that correspond to Lon Fuller’s criteria of legality, and is created, maintained and supported through interaction …

Spectacular Imaginations Of The Sinking Island, Emma Schneck

Senior Theses and Projects

As entire island nations slip beneath rising seas, how can we reimagine a political future where the effects of climate change are already in full force? In recent years, it has become increasingly apparent that there is a fundamental lack of legal protections for those fleeing environmental degradation and the effects of global sea level rise. This lack of protection is felt particularly strongly in the Pacific region, where many communities are faced with existential threats to their way of life and self-determination. However, despite this historic lack of support from the international community, the Pacific Islands states have continuously …

Toxic Colonialism And Green Victimization Of Native Americans: An Examination Of The Genocidal Impacts Of Uranium Mining, Averi R. Fegadel

USF Tampa Graduate Theses and Dissertations

While the field of criminology has delved into environmental justice issues in Black communities through the exploration of urban exposure to toxins, it has failed to expand this research orientation to examine issues affecting peoples in different locations, which in the U.S. draws attention to the green victimization of Native Americans. In short, existing criminological research has largely ignored the social, economic, and environmental injustices experienced by Native Americans. This study addresses this research gap by exploring environmental justice issues as they relate to the ways toxic colonialism affects Native Americans. Specifically, this study confronts historic and current struggles endured …

Fields Brook Superfund Site: Race, Class, And Environmental Justice In A Blasted Landscape, Richard C. Bargielski

USF Tampa Graduate Theses and Dissertations

In 1980, the United States Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This federal law provided the U.S. Environmental Protection Agency (EPA) with the legal tools necessary to pursue polluters who had improperly stored or disposed hazardous wastes. Since its passage, more than a thousand sites have been added to the National Priorities List (NPL), but only a fraction have been cleaned up. Proponents of neoliberalism argue that aggressive environmental policies such as CERCLA harm workers by making it impossible for businesses to operate profitably. This coincides with a drop of nearly 50% in the U.S. …

Tribal Consultation Policy And Practice:A Case Study Of The Confederated Salish And Kootenai Tribes And Nmisuletkʷ (The Middle Fork Of The Clark Fork River) As A Tribal Trust Resource, Jennifer J. Harrington

Graduate Student Theses, Dissertations, & Professional Papers

Formal, government-to-government Consultation between sovereign nations is a process of continuous relationship-building, a partnership and an agreement made with all points-of-view included in the process, with results that have the fingerprint of all nations involved evident. The Federal Government is obligated to work with Federally-recognized Tribes as sovereign nations in matters that have or will impact each Nation’s people and places (reservations, treaty-protected areas)—a process legally known as Consultation. The Environmental Protection Agency (EPA), as a federal agency, must uphold the Federal Trust responsibility which includes the act of Consulting with Federally-recognized Tribes on matters involving human health and the …

An Exploration Of Zero Waste Policies And Recommendations For Missoula, Sarah Blyth Lundquist

Graduate Student Theses, Dissertations, & Professional Papers

“Zero Waste” is a concept and community goal that has arisen to challenge the current consumerist economic system and offer solutions for a number of environmental issues. In adopting this goal, individuals and communities pledge to reduce and divert at least 90% of their waste in a certain number of years. These goals can be reached by employing policies, programs, and other intervention tactics which establish Zero Waste infrastructure, ensure equitable and widespread access to Zero Waste services, and provide educational outreach and resources to the community. Missoula adopted a Zero Waste goal in 2016 and created a Zero Waste …

Externalities As The Status Quo: Federal Application Of Environmental Charges In The United States, Robert Zupko

Dissertations, Master's Theses and Master's Reports

Conceptualized as early as 1920 by English economist Arthur Cecil Pigou, but not formalized until later work in the 1970s and 1990s, “environmental charges” are a form of Pigouvian taxes that suggest the revenue burden of governance could be shifted from economic “goods” to environmental “bads”. While their association with Pigouvian taxes would suggest that environmental charges are applied as a policy instrument to encourage the reduction or elimination of environmental externalities, their application at the federal level in the United States suggests this is not the case. This report postulates that federally applied environmental charges accept environmental externalities as …

A Hunger For Justice : Everyday Forms Of Latinx Resistance In New York State's Capital Region, Cassandra Andrusz- Ho Ching

Legacy Theses & Dissertations (2009 - 2024)

Low-income racialized communities have always disproportionately struggled with food system inequities. However, after the 2008 financial crisis, conditions have become more precarious, especially in Latinx communities. This context has resulted in intensified food system inequities, manifesting as food insecurity, high food pricing, inconsistent and partial food programming, diet related diseases, low wages, worker and environmental rights abuses. This dissertation examines how low-income Latinx communities, respond to these intensified inequities in the New York State Capital Region from 2008-2018. Through qualitative research, interviews and observations, I assess the nature and context of everyday practices that undermine or resist food system inequities, …

Rights, Water, And Guardians: How Rights Of Nature Movements Are Reshaping Our Current Environmental Ethics And What These Policies Need To Be Successful, Megan Schmiesing

Pitzer Senior Theses

Giving legal rights to nature is no longer a fringe idea in international environmental law. Rights of Nature movements have gained traction in countries around the world, including Ecuador, Australia, India, Aotearoa New Zealand, and the United States. The act of organizing to recognize legal rights and legal personhood for nature represents a philosophical, moral, and political shift from previous anthropocentric values. Through two case studies in Aotearoa New Zealand and the United States, this thesis examines the policy language and the context and history that led to their creation. The Te Awa Tupua (Whanganui River Claims Settlement) Act and …

The Chumash Heritage National Marine Sanctuary: An Exploration Of Changing The Discourse On Conservation, Arielle Ben-Hur

Pitzer Senior Theses

In 2015, the Northern Chumash Tribal Council submitted a National Marine Sanctuary Nomination to establish the Chumash Heritage National Marine Sanctuary– a means by which to ensure the protection of one of the most culturally and biologically diverse coastlines in the world. On October 5, 2015, John Armor of the National Oceanic and Atmospheric Administration (NOAA) responded to the nomination, adding it to the inventory of areas NOAA may consider in the future for national marine sanctuary designation.

In my thesis, I explore how the nomination of the Chumash Heritage National Marine Sanctuary acts as a platform from which Traditional …