Environmental Law Commons^™

Climate Justice And The Etos, Sara L. Seck

Articles, Book Chapters, & Popular Press

This chapter will explore whether the Maastricht Principles have contributed to the clarification of ETOs for human rights in relation to climate justice. I will first consider some conceptual issues of relevance to both the ETOs and the quest for climate justice. Second, with reference to several examples, I will illustrate how the concept of extraterritoriality may create confusion rather than clarity in the climate context. I will then illustrate how this confusion may be overcome if attention is paid to the precise nature of the relationships at issue to which obligations attach, rather than reinforcing the bright line of …

Between A Rock And A Hard Place: The Implications Of St. Bernard Parish Government V. United States On Flood Takings, Mariel Talmage

Cardozo Law Review

No abstract provided.

Research On Legal Problems In And Countermeasures For Prevention And Control Marine Environment Pollution By Ships, Dapeng Sun

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Final 2021 Residential Metals Abatement Program (Rmap) West Elementary School Soil Remedial Action Work Plan (Rawp), Pioneer Technical Services, Inc.

Silver Bow Creek/Butte Area Superfund Site

No abstract provided.

Growing Climate Solutions Act Of 2021, J. David Aiken

Cornhusker Economics

On June 24, 2021, the U.S. Senate adopted S. 1251, the  Growing Climate Solutions Act of 2021. Cosponsored by  54 senators, including Nebraska Senator Deb Fischer, S. 1251 seeks to make it easier for farmers and ranchers to participate in voluntary carbon credit markets and to get a fair share of the carbon credit revenue they generate. If  adopted by the U.S. House of Representatives and signed into law by the President, S. 1251 would go a long way in facilitating effective producer participation in U.S. carbon markets.

Final 2021 Residential Metals Abatement Program (Rmap) School Soil Sampling Field Sampling Plan (Fsp) Submittal #7 [Covering Former Hawthorne School And Aware Early Headstart], Pioneer Technical Services, Inc.

Silver Bow Creek/Butte Area Superfund Site

No abstract provided.

Final 2021 Residential Metals Abatement Program (Rmap) School Soil Sampling Field Sampling Plan (Fsp) Submittal #6 [Covering Small World Daycare], Pioneer Technical Services, Inc.

Silver Bow Creek/Butte Area Superfund Site

No abstract provided.

Toward Rationality In Oil And Gas Leasing: Building The Toolkit For Programmatic Reforms, Rachel Rothschild, Max Sarinsky

Other Publications

For decades, the federal government has inadequately considered the environmental harms of oil and gas extraction in its management of public lands and waters. As a result, fossil-fuel developers have been handed vast swaths of land at bargain prices, causing dangerous levels of greenhouse gas pollution that exacerbates climate change while depriving the public of more beneficial uses of the land.

That is all likely to change soon. A week into his term, President Biden called for a comprehensive review of the oil and gas program.1 That review is now underway and is likely to result in substantial programmatic reforms …

Vecinos Para El Bienestar De La Comunidad Costera V. Ferc, Malcolm M. Gilbert

Public Land & Resources Law Review

The D.C. Circuit Court remanded three Brownsville, TX LNG approval orders to FERC for failing to adequately explain conclusions around environmental justice and climate concerns. The Court ordered FERC to reevaluate whether the projects are in the public interest. The LNG terminals and pipeline will disproportionately impact low-income, minority communities, and substantial greenhouse gas emissions from production and export will contribute to anthropogenic climate change. This case note explores the role that environmental justice and climate change play in federal agency decision-making processes, analyzes the legal framework for the Court's decision, and discusses how the outcome of this litigation could …

The Role Of International Law In The Food–Energy–Water Nexus, Waseem Ahmad Qureshi

Buffalo Environmental Law Journal

The current relationship of water, food, and energy is deeply entangled as it functions within different sectors, such as industry and agriculture, the latter of which water is essential for irrigating crops. Similarly, adequate water storage facilities are also required for hydroelectricity generation. Moreover, in many regions, electrical energy is used to operate tube wells for extracting groundwater to irrigate crops for food. Within the intricate nature of the mutual relationship of water, energy, and food, each plays its role in ensuring the security of the others. For instance, both energy security and food security are dependent upon water security, …

Lake Erie Bill Of Rights Struck Down: Why The Rights Of Nature Movement Is A Nonviable Legislative Strategy For Municipalities Plagued By Pollution, Kathleen M. Mannard

Buffalo Environmental Law Journal

No abstract provided.

Muddying The Waters: The Need For More Clarity Under The Clean Water Act, Georgia D. Reid

Buffalo Environmental Law Journal

No abstract provided.

One Man’S Trash: Constitutional Principles Of Federalism And Privacy Implicated In San Francisco’S Mandatory Recycling Ordinance And Future Similar Legislation, J. Tyler Smith

Buffalo Environmental Law Journal

No abstract provided.

"I Wish There Was A Treaty We Could Sign": An Inquiry Into The Making Of The Global Pact For The Environment, Marie-Catherine Petersmann

Indiana Journal of Global Legal Studies

This article provides ethnographic insights into the making of the latest UN-backed instrument for transnational environmental law and governance: the Global Pact for the Environment (GPE). It narrates the rise and fall of a contemporary policy project designed to unify and strengthen international environmental law. The story starts in 2015 on the premises of a Parisian legal think tank and ends in May 2019 at the headquarters of the United Nations Environment Programme in Nairobi, where states ultimately decided not to adopt the GPE as a legally binding instrument but opted to prepare apolitical declaration to be presented in 2022 …

Carbon Accounting By Public And Private Financial Institutions: Can We Be Sure Climate Finance Is Leading To Emissions Reductions?, Martin Dietrich Brauch, Emily Spittle

Columbia Center on Sustainable Investment Staff Publications

To further and fully understand how to plan for the decarbonization of mining value chains, we need better data on carbon and other greenhouse gas (GHG) emissions. However, neither consumers, corporates, or financial institutions know the embodied emissions in the products they produce or sell. While methods like life-cycle analysis and environmental product declarations exist, none use a verifiable, comparable, or widely adopted emissions reporting framework capable of sending supply chain signals.

To truly reform material supply chains, new solutions for markets, capital, and policy are required. COMET (the Coalition on Materials Emissions Transparency) – an alliance launched at Davos …

New Tech, New Deal: Mining Policy Options In The Face Of New Technology, Isabelle Ramdoo, Aaron Cosbey, Jeff Geipel, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

Throughout the history of mining, technological innovation has played a vital role across all cycles of mining projects. The new wave of technological adoption is a combination of evolutionary and revolutionary technologies, with an increasing focus on the latter. An acceleration in investments in disruptive technologies in recent years has seen the large-scale mining sector finally catching up with a dynamic that has already advanced in many other sectors. The reasons for this shift include more difficult geology, declining ore deposits, the need to reverse a secular decline in productivity, the need to improve safety for mine workers, a need …

Associations Between Exposure To Air Pollution After A Dust Event And Hospitalizations., Estrella De Jesus Herrera-Molina

Open Access Theses & Dissertations

The Southwestern region has been identified as one of the most persistent dust producing regions of North America. Exposure to inhalable particulate matter (PM10) originating from desertic landscape during dust events/dust exposures (DEs) can reach hazardous levels. El Paso, Texas’s ambient air has reached hazardous levels of PM10 above 4000 μg/m3 with near zero visibility due to these natural events. There are very few prior studies in the southwestern United States pertaining to the associations between exposure to atmospheric aerosol after DEs and hospitalizations, nor are there many epidemiological studies globally in dusty environments where most of the atmospheric aerosol …

Analysis Of Environmental Law Scholarship 2019-2020, Michael P. Vandenbergh, Stefan J. Berthelsen, Bryan Davidson, Linda K. Breggin

Vanderbilt Law School Faculty Publications

The goal of this Comment is to highlight the results of the ELPAR article selection process and to report on the environmental legal scholarship for the 2019-2020 academic year, including the number of environmental law articles published in general law reviews versus environmental law journals, and the topics covered in the articles. We also present the Top 20 articles that met ELPAR's criteria of persuasiveness, impact, feasibility, and creativity, from which four articles were selected to re-publish in condensed form with commentaries from leading practitioners and policymakers. Two additional articles received an honorable mention. Thus, this Comment provides an empirical …

Environmental Rhetoric And An Ecology Of Transcendence: A Rhetorical Criticism Of Awake, A Dream From Standing Rock, Alyssa Kahn

UNLV Theses, Dissertations, Professional Papers, and Capstones

My project blends Burkean theory with Indigenous rhetoric to argue that the counter- story of Awake proposes an ecology of transcendence to make sense of human-nature relationships. I wanted to analyze Awake A Dream From Standing Rock. The documentary is explicitly about Indigenous peoples. This documentary tells the story of the peaceful protests and resistance led by Native people at the Standing Rock Sioux Reservation or Lakota Tribe in North Dakota. The activists were protecting the water otherwise known as water protectors/warriors from the construction of the Dakota Access Pipeline (DAPL). The assembly of DAPL is intended to carry perforated …

An Agenda For Research And Action Toward Diverse And Just Futures For Life On Earth, Carina Wyborn, J. Montana, N. Kalas, S. Clement, F. Davila, N. Knowles, E. Louder, M. Balan, J. Chambers, L. Christel, T. Forsyth, G. Henderson, S. Izquierdo Tort, Michelle Mei Ling Lim, Et Al

Research Collection Yong Pung How School Of Law

Decades of research and policy interventions on biodiversity have insufficiently addressed the dual issues of biodiversity degradation and social justice. New approaches are therefore needed. We devised a research and action agenda that calls for a collective task of revisiting biodiversity toward the goal of sustaining diverse and just futures for life on Earth. Revisiting biodiversity involves critically reflecting on past and present research, policy, and practice concerning biodiversity to inspire creative thinking about the future. The agenda was developed through a 2-year dialogue process that involved close to 300 experts from diverse disciplines and locations. This process was informed …

Final 2021 Residential Metals Abatement Program (Rmap) School Soil Sampling Field Sampling Plan (Fsp) Submittal #5 [Covering Mcglone Heights And Skating Rink], Pioneer Technical Services, Inc.

Silver Bow Creek/Butte Area Superfund Site

No abstract provided.

Regulating Risk From Toxic Substances: Best Practices For Economic Analysis Of Risk Management Options Under The Toxic Substances Control Act, Jack Lienke, Rachel Rothschild

Other Publications

In 2016, Congress amended the Toxic Substances Control Act (TSCA) through the Lautenberg Act, with the aim of spurring the Environmental Protection Agency (EPA) to issue more expansive and protective regulations of harmful chemicals. The new statutory framework provides a three-step process for evaluating and controlling the risks of chemicals currently in use: prioritization, risk evaluation, and risk management. After finding during the prioritization process that a chemical may present an unreasonable risk, EPA must conduct a risk evaluation to assess its hazards, including to especially vulnerable populations. If the agency’s risk evaluation finds that the chemical does indeed pose …

Fashioning Compliance: The Fashion Charter For Climate Action And Strategies For Forming A More Effective Fashion Industry Agreement, Elizabeth Jane Poland

Georgia Journal of International & Comparative Law

No abstract provided.

Final 2021 Residential Metals Abatement Program (Rmap) School Soil Sampling Field Sampling Plan (Fsp) Submittal #4 [Covering Butte Central Elementary & Middle School, Butte Central High School, Butte High School/Annex, East Middle School, Jeremy Bullock Soccer Fields, Webster Garfield School, & Whittier Elementary], Pioneer Technical Services, Inc.

Silver Bow Creek/Butte Area Superfund Site

No abstract provided.

Final 2021 Residential Metals Abatement Program (Rmap) School Soil Sampling Field Sampling Plan (Fsp) Submittal #3 [Covering Emerson Elementary, Headstart (Former Lincoln School), Headstart (Former Monroe School), & Margaret Leary Elementary], Pioneer Technical Services, Inc.

Silver Bow Creek/Butte Area Superfund Site

No abstract provided.

Final 2021 Residential Metals Abatement Program (Rmap) School Soil Sampling Field Sampling Plan (Fsp) Submittal #2 (Covering Highland View Christian School, Hillcrest Elementary, Kennedy Elementary, Silver Bow Montessori, & West Elementary), Pioneer Technical Services, Inc.

Silver Bow Creek/Butte Area Superfund Site

No abstract provided.

Climate Change As Systemic Risk, Barnali Choudhury

Articles & Book Chapters

Hindsight tells us that COVID-19, thought by former President Trump and others to have come out of nowhere, is more aptly labelled a “gray rhino” event, one that was highly probable and preventable. Indeed, despite considerable evidence of the impending threats of pandemics, for the most part, governments failed to prepare for the pandemic, resulting in wide-scale social and economic losses.

The lessons from COVID-19, however, should remind us of the perils of ignoring gray rhino risks. Nowhere is this more apparent than with climate change, a highly probable, high impact threat that has largely been ignored to date. Despite …

Final 2021 Residential Metals Abatement Program (Rmap) School Soil Sampling Field Sampling Plan (Fsp) Submittal #1 (Covering Ramsay Elementary School), Pioneer Technical Services, Inc.

Silver Bow Creek/Butte Area Superfund Site

No abstract provided.

Addressing Climate Change: Comparing The Paris Agreement To The Addition Of Ecocide To The Rome Statute, Regan K. Robinson

Bridges: An Undergraduate Journal of Contemporary Connections

This paper argues that ecocide is the most effective way to address climate change. Through comparing ecocide to the Paris Agreement, this paper concludes ecocide has the potential to better ensure that States commit to reducing environmental harm. It is concluded that ecocide is the most effective way to address climate change as ecocide holds more polluters accountable, utilizes a more effective pre-emptive approach, contains stronger legal consequences and employs a narrative that emphasizes the protection of human rights. As climate change continues to exacerbate, this paper provides valuable insight on how we can better address climate change at an …

The Emerging Law Of Outdoor Recreation On The Public Lands, Robert B. Keiter

Utah Law Faculty Scholarship

Outdoor recreation is assuming a prominent role across the public lands, presenting the responsible federal agencies with difficult, new management challenges. Since World War II, recreational uses of public lands have been on a steady upward trajectory, which has only accelerated during this century. Today, an increasingly diverse array of outdoor activities, each pressing for greater access to the public domain, is spawning considerable controversy while raising corresponding environmental concerns. The outdoor recreation industry is now an economic powerhouse and, together with recreation participants, is becoming a notable political force. Curiously, prevailing law says very little about recreation on the …