Environmental Law Commons^™

Data Centre Litigation And Climate Change: Can Claims Against Data Centres Resolve Tensions Between Ai Growth And Climate Goals?, Nick Scott, Heng Wang

Research Collection Yong Pung How School Of Law

As artificial intelligence (AI) has become ubiquitous, climate-related impacts of data centres used to power these technologies have emerged as a growing concern for governments, civil society groups, and the public. As a result of this, a wave of data centre litigation has started to sweep multiple jurisdictions, in particular the United States, often leveraging environmental law. However, many claims do not directly target data centres’ impacts on climate change, and the challenges of aligning AI growth with climate goals may extend far beyond energy use in this infrastructure. This article analyses two research questions: (1) how are mismatched governance …

Managing Collaboration Under Conservation Crisis: Trust, Risk, And Control In The Gulf Of Maine Fishery Management Network, Evelyn Roozee, Owen Temby, Dongkyu Kim, Antonia Sohns, Anthony Rocha Lima, Jasper R. De Vries, Gordon M. Hickey

School of Earth, Environmental, & Marine Sciences Faculty Publications

Transboundary fishery management and the intertwined conservation of critically endangered species represent significant governance challenges that require ongoing inter-organizational communication, collaboration, and collective action to achieve shared objectives. Previous research suggests that inter-organizational collaborative performance depends heavily on different dimensions of trust and complementary control mechanisms to mitigate the perceived risks of collaborating and enable the reciprocal sharing of resources and the coordination of activities. However, it is unclear how proposed relationships between trust, risk, and control are shaped by disruptions to established transboundary management networks. This study presents the results of survey research conducted in the Gulf of Maine …

Good Governance In The Concept Of Climate Justice: Decarbonisation Policies In Economic Considerations Of Losses And Sacrifices, Daryanti Daryanti, Albertus Sentot Sudarwanto, Erna Dyah Kusumawati, Rosita Candrakirana

Journal of Environmental Science and Sustainable Development

Projections of losses resulting from the impacts of climate change in Indonesia are estimated to reach USD 30.5 million, affecting four key sectors: agriculture, water supply, health, and the maritime sector. This study shows that good governance based on climate justice in the implementation of decarbonization policies is the most important factor in avoiding long-term economic losses caused by the adverse impacts of climate change or investing in climate resilience. This study employed a normative methodology using a statutory approach to examine efforts related to climate change mitigation and adaptation. The findings of this research indicate that regulations in Indonesia, …

Legal Shifts And Judicial Inconsistencies In Strict Liability After The Omnibus Law: A Critical Analysis Of Indonesian Environmental Law For Responsible Mining And Esg Compliance, Nurul Listiyani, Khenza Atthaya Namira Yulianto

Journal of Environmental Science and Sustainable Development

The legal significance of strict liability in mining arises from the sector’s capacity to generate technically complex, diffuse, and long-latency environmental harm that is difficult to address through fault-based litigation alone. This study aims to evaluate how the post-Omnibus Law reformulation of Article 88 of Law No. 32 of 2009 has affected the doctrinal autonomy, judicial consistency, and practical enforcement of strict liability in Indonesian environmental law. The research used normative doctrinal legal research including statutory, case-law, conceptual, comparative, and evaluative analyses. The data cover the 2009–2025 period and consist of two core statutory formulations of Article 88, the Job …

Summary Report: Second Conference On Attribution Science And Climate Law, Jessica A. Wentz

Sabin Center for Climate Change Law

The Sabin Center for Climate Change Law and the Columbia Climate School hosted the Second Conference on Attribution Science and Climate Law at Columbia University on June 10–11, 2026. This event brought together an interdisciplinary group of researchers and practitioners to discuss recent developments in attribution science and the field’s relevance to climate law and policy. Participants included physical scientists, public health researchers, economists, social scientists, legal scholars, advocates, and policy experts. This report provides a written summary of the conference proceedings.

Transnational Indigenous Environmental Justice: A Distant Comparative Study Of Nepali And U.S. Environmental Policies And Counter-Archives In Technical Communication, Shankar Paudel

Open Access Theses & Dissertations

This dissertation investigates how institutional communication, state bureaucracy, and Indigenous sovereignty intersect within Rhetoric and Writing Studies (RWS) and Technical and Professional Communication (TPC). Current TPC research increasingly focuses on social justice; however, the field still lacks ethical frameworks to deal with the complicated dynamics of transnational Indigenous Environmental Justice Communication (IEJC). This study addresses this gap by examining how two distinct Indigenous communities - the Tharus of Chitwan, Nepal, and the Ysleta del Sur Pueblo Tigua Indians of El Paso, Texas - communicatively navigate, contest, and resist state environmental policies.

Grounded in decolonial Distant Comparativism, Mestiza Consciousness, Rhetoric of …

Insurgent Until Proven Innocent: Land, Power, And The Right To Defend Rights, Kelsey Jost-Creegan

Michigan Journal of International Law

As the climate crisis intensifies, advocates worldwide have stood up to defend their communities, territories, and environment. In response, they have faced violent retaliation. This repression persists despite evolving international, regional, and national-level legal frameworks around the “right to defend rights” and the “right to protection.” This article begins by providing a comprehensive overview of this evolving legal landscape. Against this backdrop, the article examines the tactics and architectures of violence used to repress land and environmental defenders through the lens of counterinsurgency theory.

The article proposes a typology of counterinsurgent violence including: surveillance; stigmatization; criminalization; arbitrary detention; infiltration; cooptation; …

Municipality Of Bayamón V. Exxon Mobil Corp. (2025): Bringing Racketeering Charges For Climate Justice, Ilinca C. Johnson

Pace Environmental Law Review

Environmental justice communities should have their climate change damages heard in the courtroom. One means to increase environmental justice claims is through claims under the federal Racketeer Influence and Corrupt Organizations (RICO) Act. Using Municipality of Bayamón v. Exxon Mobil Corp. (2025) as a model, this Article suggests a novel RICO case strategy to pursue climate damages for marginalized communities. Fundamentally, environmental justice RICO claims involve careful case design based on the climate-related damages a marginalized community has faced because of the long-term deception by fossil fuel actors upon those communities. Pursuing such claims forwards the intersectional issues faced by …

“A Land No One Would Want”: Environmental Activism And The Rejection Of ‘Wasteland’ Narratives In Southern Nevada, Steven Butler

UNLV Theses, Dissertations, Professional Papers, and Capstones

This paper traces events within the history of environmental activism in Southern Nevada. The first chapter discusses the proposed high level nuclear waste repository at Yucca Mountain. The second chapter examines the closure of the Reid Gardner Generating Station in Moapa, Nevada. The third chapter details the Southern Nevada Water Authority’s Groundwater Development Project. Each of the three chapters is linked by common themes within the history of Southern Nevada environmental activism, including dedicated coalition-building and the refusal of “wastelanding” of the region.

The Legacy Of Lead: Lead Exposure's Harmful Effects And Its Concentration In Poc Communities, Layla Sophronia Barber

Student Theses 2015-Present

This thesis examines the disproportionate burden of lead exposure carried by low income, POC communities. The systemic nature of this problem is a symptom of a longstanding legacy of environmental injustice in the United States. Decades of federal neglect are reflected in the higher statistics of lead exposure and poisoning in predominantly black communities. While it is understood that lead exposure poses a serious threat to physical health and early cognitive development, there is a discouraging lack of urgency to remove the toxin from non-wealthy communities. The material covered by this thesis aims to identify and correct the discriminatory social …

Environmental Movements In El Paso And Ciudad Juarez: Possibilities And Limitations Of Cross-Border Organization At The U.S.-Mexico Border, Vanessa Maria Almada

Open Access Theses & Dissertations

At the U.S.-Mexico border, the anthropogenic and nationalistic construction of the landscape has accelerated urbanization and unequal development without establishing effective binational institutions for governance over a shared commons. Borderlanders, then, contest unsustainable development with the added complexity of navigating a barrier which creates diverse socioeconomic and political realities that challenge cross-border cooperation. This qualitative research analyzes environmental organizations in El Paso and Ciudad Juarez. Through ethnographic study of mobilization in response to environmental legislation and administrative action in each city, the immediate barriers to cross-border cooperation and limitations of nationalistic institutions in the borderlands can be better understood.

Corporate Fiduciary Duties And The Climate And Biodiversity Crisis, Eric W. Orts, Sandra G. Schafhäutle

Michigan Journal of Environmental & Administrative Law

This Article argues that addressing one of the most urgent environmental challenges facing humanity today—the global climate and biodiversity crisis—calls for a transformation at the heart of corporate law: its fiduciary duties. After demonstrating how current corporate fiduciary duties are implicated in this crisis, we argue for reform of fiduciary duties operating at two levels: those governing directors and officers of business corporations, and those governing institutional investors and asset managers. We then distinguish between two general kinds of corporate fiduciary duties: permissive and mandatory. We contend that corporate law should accommodate a more expansive understanding of fiduciary duties by …

The Energy And Environmental Footprint Of Ai, Michael P. Vandenbergh, Ethan I. Thorpe, Jonathan M. Gilligan

Michigan Journal of Environmental & Administrative Law

Artificial intelligence (AI) has the potential to create major economic and social benefits, but also to rapidly escalate electricity demand and its associated environmental impacts. Information availability has been a cornerstone of environmental law for half a century, and this Article argues that providing information to individual, corporate, and other users about the electricity demand and environmental impacts of AI can reduce those impacts without delaying development of the technology. Little is known about how different large language models (LLMs) compare on these metrics, though. To address whether users have access to the information necessary to address this shortcoming, the …

Four Decades, No Progress: Time For A Columbia River Basin Compact, Liesl L. Bogaard

Michigan Journal of Environmental & Administrative Law

Since the Power Act’s passage in 1980, the government entities who develop and implement energy policy in the Pacific Northwest have operated under a congressional mandate to protect fish and wildlife in the Columbia River Basin. However, nearly half a century later, the number of wild salmon and steelhead returning to their native spawning grounds is still in decline, largely due to dam operations in the Columbia and its tributaries. This Note examines the history of hydroelectric power generation in the Columbia River Basin and its impact on fish populations, drawing parallels between the environmental crisis in the Columbia River …

Owning Geothermal Energy, Gabriel Eckstein

Michigan Journal of Environmental & Administrative Law

Geothermal energy holds vast potential for decarbonizing the U.S. energy system, yet the sector remains significantly underdeveloped, supplying only 0.4% of the nation's electricity. A principal barrier to growth is the fragmented and ambiguous legal landscape currently governing ownership of geothermal resources: thirty-three states lack any clear statutory or common-law framework identifying who owns subsurface thermal energy. This Article examines the physical characteristics of geothermal energy, recent developments in the U.S. geothermal sector, and the principal doctrinal approaches that might govern ownership of subsurface heat, including the ad coelum doctrine, common-pool and open-access frameworks, the rule of capture, and public …

Institutional And Ideational Features Of Canadian-Us Fishery Management Networks: Connectivity, Coherence, And Collaboration, Owen Temby, Evelyn Roozee, Dongkyu Kim, Jasper R. De Vries, Derek A. Katznelson, Antonia Sohns, Gordon M. Hickey

School of Earth, Environmental, & Marine Sciences Faculty Publications

This article examines fishery management along and across the Canadian-US border through the comparison of collaborative transboundary networks in four regions: the Salish Sea, the Great Lakes, the Gulf of Maine, and the northern region including the Gulf of Alaska and the Hecate Strait. Transnational fishery management is an inter-organizational and multi-jurisdictional enterprise constituted by shared understandings of a suite of tasks and by communications among the participants. We use survey data to summarize the inter-organizational scale and participation in the networks, the centrality of different organization types, the factors that contribute to network formation, other ideational network traits like …

Land Use And Sovereignty Along The Catawba River, Thomas C. Brugh, Lucile C. Rencher

Student Scholarship

This document-based case study explains how land-use change along the Catawba River Corridor (Lancaster and York Counties, South Carolina) has been produced through the interaction of property rights (dominium) and rule-setting authority (imperium), showing why sovereignty continues to shape development even after land disputes appear “settled.” Through analyzing legal records (Treaty of Nation Ford, the 1959 Catawba Division of Assets Act, the 1986 Supreme Court timing decision, and the 1993 Settlement Act), planning documents, parcel records, and field observations, we trace how shifting jurisdiction and title certainty structured what kinds of land uses were possible and when. We argue that …

When Words Flow Like Water: How The Enbridge Line 3 Pipeline Environmental Impact Statement Failed To Prevent Hydrogeologic Harm In Minnesota, Carly Gutzmann

Journal of Earth and Life Science

For the aquifers of Minnesota, the environmental impact statement (EIS) was a promise of protection that never left the page. An environmental impact statement is meant to be an aid in the decision making process in order to ensure that projects consider potential environmental harms that may occur. However, they are often used instead as another regulatory box to check, rather than as active considerations when planning. As such, a project plan can be flawed from the start—if project developers only consider environmental impacts after they have already put considerable time, effort, and funding into their project as-is, they may …

When Climate Change Forces Flight: Legal Duties In The Age Of Retreat, Mark P. Nevitt

Faculty Articles

In the face of climate-driven disasters, government officials and individuals alike must decide whether to invest in climate-exposed areas or retreat. This Article analyzes emerging legal and policy issues associated with both climate retreat (when the government relocates people and infrastructure away from climate-exposed areas) and abandonment (when individuals leave climate-exposed areas, following natural disasters or otherwise). I argue that government-driven climate retreat must consider four overlapping legal duties, raising novel questions in an era of climate destabilization. First, does the government have an affirmative duty to rescue its citizens, and is this duty transformed by the government’s role in …

Indigenous Land Seizure & Environmental Injustice: Impacts Of Settler Colonialism, Lydia Moorman

Journal of Earth and Life Science

The fields of conservation and environmentalism prioritize ecosystem health, yet both emerged from western frameworks that displaced and criminalized Indigenous land stewardship. The idealization of “pristine wilderness” narratives served to justify the removal of Indigenous peoples from their homelands and erased millennia of sustainable land stewardship that had maintained ecological balance long before western conservation existed. These narratives not only misrepresented Indigenous relationship with land but also constructed a false dichotomy between humans and nature that positioned Indigenous presence as a threat rather than a source of ecological knowledge. Simultaneously, anthropogenic expansion; such as pipelines, mining, railroads, and other extractive …

Powering The Machine, Draining The Planet: Whether U.S. Environmental Law Is Equipped To Regulate The Energy And Water Demands Of Ai Data Centers, Michael Marcu

Journal of Earth and Life Science

Artificial intelligence (AI) data centers have become one of the United States' fastest-growing and least-regulated sources of environmental stress. In 2024 alone, U.S. data centers consumed 183 terawatt-hours (TWh) of electricity more than the entire nation of Pakistan and consumed an estimated 17 billion gallons of water (IEA, 2025; Berkeley Lab, 2024). By 2030, electricity demand from these facilities is projected to reach 426 TWh, a 133% increase in six years (Pew Research Center, 2025). This paper examines whether the existing U.S. environmental regulatory framework put by the National Environmental Policy Act (NEPA), the Clean Water Act (CWA), and the …

The Colorado River: Searching For Solutions In The Face Of Uncertainty: Conference Summary, Emilia Endara, Douglas Kenney

Books, Reports, and Studies

The Colorado River is facing unprecedented change and uncertainty. Average annual flows continue to decline, and negotiations to craft post-2026 guidelines to manage the river have repeatedly bogged down in disagreements about delivery obligations, sharing shortages, and mandatory conservation. While some clarity may emerge in the coming months, the ability to sustain many existing municipal and agricultural water users is already being compromised. Meanwhile, there is growing recognition that a durable resolution must also address the water rights of sovereign Tribal Nations and better integrate environmental values into river management. All sovereigns, stakeholders, and sectors must work together now more …

Thirst For Data: State Responses To Data Center Water Use, Daniel Anderson, Sydney Stellato

Books, Reports, and Studies

No abstract provided.

Machine Learning For Predictive Energy And Emissions Modeling Of Vehicles And Power Grids In The United States, S M Tanvir Faysal Alam Chowdhoury

Dissertations

The environmental benefits of electric vehicle (EV) adoption depend on more than replacing internal combustion engine vehicles with electric powertrains. EV adoption reshapes electricity demand, interacts with regional generation mixes, and influences travel behavior and congestion, creating a coupled transportation-energy system in which vehicle and power-plant emissions must be evaluated together. This dissertation develops machine-learning frameworks for predicting energy consumption and emissions from vehicles and power grids under rising EV adoption. The first component forecasts grid emissions from EV charging. Using simulation data from NREL's Cambium database, a Prophet-based time-series framework predicts carbon dioxide, nitrous oxide, and methane emission rates …

State Climate Superfunds, Rachel Rothschild

Articles

The harmful effects of climate change have already arrived in cities and states across America, with disasters increasing markedly in recent years along with more gradual environmental changes like sea-level rise and drought. To protect populations and natural resources, significant funding will be necessary for preventative measures as well as disaster response.

At present, it is states and ordinary taxpayers who must shoulder the enormous costs and planning for climate adaptation. A number of state legislators, however, have recently proposed enacting new laws that would require the companies who have most profited from fossil fuel usage to assist in funding …

Water For Whom?, Claire Renee Correia

Undergraduate Honors Theses

Why is it that almost one million California residents do not have access to clean, safe, affordable, and accessible drinking water? Out of those one million California residents, the majority reside within the Central Valley. Water should be seen and treated as a basic human right, yet it is highly politicized and treated like a commodity, which exacerbates the availability and affordability of drinking water. Through analyzing three key pieces of legislation passed after AB 685 (2012) coupled with examining the role of community activism in the Central Valley, highlighted from an interview with the Community Water Center, a non-profit …

Technology Transfer In The Implementation Of The Biodiversity Beyond National Jurisdiction Agreement, Christine Nzambi Mulatya

World Maritime University Dissertations

No abstract provided.

Jurisdiction Of Vessel-Source Pollution In The Eez Under Unclos : A Case Study On China, Yang Zhang

World Maritime University Dissertations

No abstract provided.

An Assessment Of The Legal Framework For Prosecuting Iuu Fishing In Nigeria, Lydia Salla Kadiri

World Maritime University Dissertations

No abstract provided.

Combating Illegal, Unreported And Unregulated (Iuu) Fishing In Argentina : Role Of Argentinian Coastguard As Maritime Authority In Charge Of Law Enforcement, Mario Damian Tiscornia

World Maritime University Dissertations

No abstract provided.