Environmental Law Commons^™

Tribute To Julian Conrad Juergensmeyer By Jim Bross, James Bross

Journal of Comparative Urban Law and Policy

No abstract provided.

Julian Conrad Juergensmeyer - Remarks On Behalf Of Georgia State University College Of Law, Leslie E. Wolf

Journal of Comparative Urban Law and Policy

No abstract provided.

Introduction To Festschrift Ii, Karen Johnston

Journal of Comparative Urban Law and Policy

No abstract provided.

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

LSU 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 …

Solving The First Mile/ Last Mile Problem: Electric Scooter And Dockless Bicycles Are Positioned To Provide Relief To Commuters Struggling With A Daily Commute, Kelly Grosshuesch

William & Mary Environmental Law and Policy Review

Commuters in cities across the United States struggle to find ease in their daily commute. Public transportation no longer provides residents with an adequate and reliable source of transportation.1 For many commuters, getting to and from nodes of public transportation is difficult and a deterrent from using public or shared transportation instead of driving.2 This, therefore, increases vehicle congestion and car emissions in cities. While multiple new technologies and innovations have emerged to attempt to help commuters with the trip to and from public transportation, most have fallen short.3 But two new innovations that have gained major popularity among consumers, …

Before Disaster Strikes: Preparing America To Be Disaster Resilient, Cole Hoyt

William & Mary Environmental Law and Policy Review

Major natural disasters in the United States are occurring more frequently and are causing more damage and destruction than ever before in the nation’s history. With the increased number and intensity of natural disasters, America’s failing infrastructure and current resiliency plan are inadequate to successfully prepare and respond to such catastrophic events. As a direct result, natural disasters in the United States cause scores of deaths and injuries, inflict billions of dollars’ worth of damage per disaster, and make it increasingly more difficult for Americans to recover and return to a sense of normalcy.

The World Health Organization (“WHO”), offers …

Kuasa Atas Ruang Pembebasan’: The Resilience Ofwomen In Sasak Culture, Lucky Wijayanti

International Review of Humanities Studies

The Sasak tribe on Lombok island - West Nusa Tenggara, have traditional values and are applied through the social structure of their communities in daily life. Some existing customary values place women in irreplaceable positions. Even so, the existence of financial needs makes them work abroad as laborers, which indirectly results in the occurrence of divorce and early marriage. This is a problem for Sasak women in terms of survival in the Sasak culture. An ethnographic approach derived from Malinowski, the opinion of Svasek, and the value system framework from Kluckhohn are used in this study. This research concludes that …

Shifting Public Perception: Climate Change Means Living With Fire And Smoke, Robert Froembling

Seattle Journal of Technology, Environmental, & Innovation Law

The urgency to prepare for the climate crisis has never been greater. We are currently living in the sixth mass extinction and the effects are only going to accelerate. We will inherit more wildfires, larger wildfires, and more frequent wildfires.

This piece is not meant to stoke fear in its readers or be depressing, but to shift public perception on what our future holds by evaluating the laws and science presented to us. This piece will look at regional and federal regulations and assess the increased rate of forest fires and the grave public health concerns from stagnant smoke specifically …

Dairy Tales: Global Portraits Of Milk And Law, Jessica Eisen, Xiaoqian Hu, Erum Sattar

Journal of Food Law & Policy

Cow’s milk has enjoyed a widespread cultural signification in many parts of the world as “nature’s perfect food.”1 A growing body of scholarship, however, has challenged the image of cow’s milk in human diets and polities as a product of “nature,” and has instead sought to illuminate the political, scientific, colonial and postcolonial, economic, and social forces that have in fact defined the production, consumption, and cultural signification of cow’s milk in human societies. This emerging attention to the social, legal, and political significance of milk sits at the intersection of several fields of academic inquiry: anthropology, history, animal studies, …

Moses Lukwanda And 9 Others V Zambia Airforce Projects Limited And 7 Others Caz/08/323/2019, Pamela T. Sambo

SAIPAR Case Review

No abstract provided.

Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs

Northwestern Journal of Law & Social Policy

Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment Partners, bought the lot …

The Lasting Impacts Of Mass Consumerism And The Disposable Culture: A Proposition For The Development Of Plastic Shopping Bag Bans In Texas Law, David Brewster

St. Mary's Law Journal

This Article addresses the developing state of plastic bag bans in Texas municipal and state jurisprudence. The Article recites the history of plastic bag bans and their impacts on the environment, the issues pertinent to municipal powers as regulatory devices, and analyzes the most recent case regarding bag bans in Texas, which is the Texas Supreme Court’s opinion in City of Laredo v. Laredo Merchants Association. The Article makes suggestions about how to move forward in developing municipal plastic bag bans for the benefit of the environment, and addresses the immediate impacts of bag ban litigation and legislation in …

Trash Talk: An Exploration Of The Problem Of Marine Debris And Some Virginia-Specific Solutions, Elizabeth Pindilli

Virginia Coastal Policy Center

In an effort to address the problem of marine debris, the Virginia Coastal Zone Management Program (Virginia CZMP) undertook a planning process that resulted in the Virginia Marine Debris Reduction Plan (VMDRP) in 2014. In light of the policy issues raised in the VMDRP, this paper will explore the issue of marine debris and some possible solutions that can be pursued in Virginia.

This abstract has been adapted from the author's introduction.

Protecting Water Quality In Virginia: Recommendations To Combat Sea Level Rise And Increased Storm Events, Madhavi Kulkarni

Virginia Coastal Policy Center

Impairment of Virginia waters is tied to coastal storm hazards and sea level rise because excess floodwaters are contaminated by flood-exposed industrial and residential facilities, and these toxic floodwaters flow into the state’s water bodies. In Virginia, thousands of industrial facilities can potentially be subjected to the effects of stormwater flooding, hurricane storm surge, and sea level rise, in turn affecting water quality. Failing or unmaintained septic systems also pose a major threat to the quality of Virginia waters that increases with recurrent inundation by flood waters. A combination of changes to law and policy and investment in infrastructure are …

Planning For A Managed Retreat: Moving In A New Direction, Caitlin Parry, Michael Heard Snow, Ryan Franklin

Virginia Coastal Policy Center

Climate change is altering the United States’ coastline in both subtle and extreme ways. The threat is especially pressing in the Commonwealth of Virginia, which is experiencing sea levels rising faster than the global average. As global sea level rise continues to increase, coastal communities across the country must make difficult decisions about their futures. Instead of waging an endless war with the tide, one option for them to consider is the process of managed retreat, which provides a long-term solution by relocating communities away from vulnerable areas. Low to moderate income communities face a variety of additional social and …

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. …

Completing The Portrait: Concluding Thoughts About Charles Reich, Rodger D. Citron

Touro Law Review

No abstract provided.

Executive Summary On Ensuring Economic Viability And Sustainability Of Coffee Production, Jeffrey D. Sachs, Kaitlin Y. Cordes, James Rising, Perrine Toledano, Nicolas Maennling

Columbia Center on Sustainable Investment Staff Publications

Coffee, the world’s favorite beverage, provides livelihoods for at least 60 million people across dozens of countries. Yet this beloved drink is experiencing a sustainability crisis. A sustained decline in world coffee prices has squeezed coffee producers, and thrown a tremendous number of producers below the global extreme poverty line of US$1.90 per day. This briefing note presents our research into sustainability within the coffee sector, including the results of our analytical and empirical modeling, and provides several recommendations.

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 …

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, …

Introduction To The Conference: Commemorating The Life And Legacy Of Charles A. Reich, Rodger D. Citron

Touro Law Review

No abstract provided.

Introduction To Charles A. Reich’S Keeping Up: Walking With Justice Douglas, Rodger D. Citron

Touro Law Review

No abstract provided.

On Environmental Law, Climate Change, And National Security Law, Mark P. Nevitt

Faculty Articles

This Article offers a new way to think about climate change. Two new climate change assessments—the 2018 Fourth National Climate Assessment (“NCA”) and the United Nations Intergovernmental Panel on Climate Change’s Special Report on Climate Change— prominently highlight climate change’s multifaceted national security risks. Indeed, not only is climate change an environmental problem, it also accelerates existing national security threats, acting as both a “threat accelerant” and “catalyst for conflict.” Further, climate change increases the intensity and frequency of extreme weather events while threatening nations’ territorial integrity and sovereignty through rising sea levels. It causes both internal displacement within nations …

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 …

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 …

Global Investor-Director Survey On Climate Risk Management, Jens Frankenreiter, Kristin Bresnahan, Sophie L'Helias, Brea Hinricks, Nina Hodzic, Julian Nyarko, Sneha Pandya, Eric Talley

Scholarship@WashULaw

Changes in the global climate are having profound impacts on business operations, governance, and organizational management around the world. Boards of directors are searching for ways to account for these changes as they help guide their organizations, and investors are increasingly concerned about how these changes might impact their portfolios. This global survey, conducted by a team of researchers at the Ira M. Millstein Center for Global Markets and Corporate Ownership at Columbia Law School and experts at LeaderXXchange, seeks to understand how — if at all — institutional investors and board directors incorporate climate-related issues in their investment decision …

Earth Mothers, Soy Boys, And Cool Dudes: Practicing Law While Protecting The Environment, Elizabeth J. Hubertz

Scholarship@WashULaw

As a public-interest environmental lawyer, this author explores gender in the legal profession. Specifically, gender in environmental law. Through a recognition of the gendered dimensions of environmental law, this Article explores the nature-culture binary, the relationship of meat to masculinity, and perceptions of the risks and threats of climate change.

Texas Landfills: The Need For Administrative Reform Of The Texas Commission On Environmental Quality’S Permitting Process, William Todd Keller Jr.

St. Mary's Law Journal

Abstract forthcoming

There Must Be Something In The Water: Understanding Pfas Contamination Of Groundwater As A National Security Issue, Kylie N. Ford

Student Theses 2015-Present

This report addresses the widespread pollution of domestic groundwater resources with Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) caused by firefighting activities performed at military installations across the United States. Two former military bases in Southeastern Pennsylvania are used as a single case study: the Naval Air Development Center (NADC) in Warminster and the Naval Air Station Joint Reserve Base (NASJRB) in Horsham. Chapter 1 gives a history of domestic military bases from the perspective of the infrastructure buildup and downsizing that occurred over the 20th Century, along with the environmental degradation revealed during brownfield redevelopment. The chapter then gives specifics about …