Environmental Law Commons^™

Letter To The Reader

Public Land & Resources Law Review

No abstract provided.

Table Of Contents

Public Land & Resources Law Review

No abstract provided.

Editors And Staff Members

Public Land & Resources Law Review

No abstract provided.

“That’S What We Call ‘Aesthetics’”: The Social Construction Of Tap Water Mistrust In An Underbounded Community, Abby Vidmar

USF Tampa Graduate Theses and Dissertations

Recent research on water insecurity in the United States has revealed that underbounded communities — urban disadvantaged unincorporated neighborhoods characterized by high-poverty and high residential density lying just outside the border of an incorporated municipality — often lack consistent access to clean and safe water. In these settings, poor water quality and inadequate infrastructure shape residents’ risk perceptions often leading to tap water mistrust. However, little is known about the broader social, political, and economic drivers of water quality in these settings and how such drivers inform the social construction of risk across different stakeholder groups. Using an underbounded African-American/Hispanic …

Legal Rights For Rivers, Katie O'Bryan

Georgia Journal of International & Comparative Law

No abstract provided.

"In Countless Ways And On An Unprecedented Scale": Reflections On The Stockholm Declaration At 50, Rebecca Bratspies

Georgia Journal of International & Comparative Law

No abstract provided.

Conference: The 1972 Stockholm Declaration At Fifty: Reflecting On A Half-Century Of International Environmental Law / International Environmental Law At Its Semicentennial: The Stockholm Legacy / Hosted By The Dean Rusk International Law Center And The Georgia Journal Of International And Comparative Law On October 8, 2021 In Athens, Georgia And Online, Melissa J. Durkee

Georgia Journal of International & Comparative Law

No abstract provided.

More Than The Daily Catch: How Regulating The Fishing Industry Can Help Keep Plastics From The Ocean, Katherine Payne

Georgia Journal of International & Comparative Law

No abstract provided.

The Rule Against Hearsay, Indigenous Claims And Story-Telling As Testimony In Canadian Courts, Zia Akhtar

American Indian Law Journal

No abstract provided.

A Watershed Moment: The Health And Economic Impact Of Water Sustainability In The Navajo Nation Post Pandemic, Onnaedo Nwankwo

American Indian Law Journal

No abstract provided.

Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

Session 4: Plunging Into Deep Water: An Immersion In Fintech, Defi (Decentralized Finance), & Web3, Joseph M. Vincent

SITIE Symposiums

This panel featured entrepreneurs providing their expert insight into the background, workings, and expected developments of the FinTech industry. Moderated by Adjunct Professor of Law Joseph M. Vincent, the panel features Ron Oliveira, Kory Hoang, and Jonathan Blanco.

The panelists provided insight on topics regarding: (1) the fundamental changes in financial services since the advent of FinTech; (2) background on the Stablecoin industry including a background of what Stablecoin is, and why it has been under recent scrutiny; and (3) the NFT market and the direction the NFT space is heading. In a Q&A session, the panelists also offered their …

Session 3: Deep Innovation Dive In Health Equity: Truveta (“Saving Lives With Data”), Steve Tapia, Dave Heiner

SITIE Symposiums

This session is a “deep dive” into health equity and research via a moderated discussion with Truveta, a new data partnership company poised for research breakthroughs in the healthcare sector. In it, Dave Heiner, General Counsel and Chief Policy Officer for Truveta, discusses the company’s healthcare-centered mission and the key role that data plays in the healthcare field.

Session 2: Diversity Perspectives: In-House Counsel, Debbie Akhbari

SITIE Symposiums

This expert panel addressed diversity perspectives in the legal field. Moderated by Debbie Akhbari, six panelists shared their stories. The panelists were Leticia Hernández, Bernadette Lopez, Elida Moran, Catherine Romero, Rachel Seals, and Katina Thornock. Each panelist's stories have been broken into its own section in the summary of proceedings.

Many diverse candidates have incorrect assumptions made about them, resulting in doors being closed by those in positions of power. This panel shared their personal stories and encouraged students and newer attorneys to keep “knocking on those doors” and for those in positions of power to open those doors. Through …

Session 1: Innovation In Legal Services, Steven W. Bender, Michael Cherry, Matthew Spencer

SITIE Symposiums

This panel featured two “disrupters” who detailed their experiences innovating in the legal services space. The first panelist spoke about data-driven regulatory reform and the other spoke as an entrepreneur whose product introduces artificial intelligence (AI) into the legal recruiting process. Two additional panelists provided commentary regarding the second panelist’s presentation.

The panel provided insight on the topics of: (1) the legal regulatory process at large; (2) how a data-driven and feedback-oriented sandbox provides an alternative regulatory process; (3) the legal hiring and recruiting process and (4) how AI allows law firms to consider alternative hiring metrics when assessing candidates …

Introduction To The 5th Annual Innovation And Technology Law Conference, Annette Clark

SITIE Symposiums

Seattle University School of Law’s then dean, now Dean Emerita, Annette Clark, opens the 5^th annual Innovation and Technology Law Conference, co-sponsored by the Seattle Journal of Technology, Environmental, and Innovation Law (SJTEIL) at Seattle University School of Law. Annette Clark has been involved with the planning and organization of the Innovation and Technology Law Conference since the conference’s inception. The theme of the 5^th annual 2022 conference is “deep innovation dives.”

Annette Clark explains that “This conference is part of our continuing efforts at Seattle [University] Law to expand educational opportunities for our students and community in …

5th Annual Innovation And Technology Law Conference: Deep Innovation Dives, Steven W. Bender

SITIE Symposiums

Steven W. Bender, Seattle University School of Law Professor and organizer of the SITIE Symposium series, details the history of the SITIE symposiums and the 2022 proceedings. He discusses how this year's symposium builds on themes and issues raised in previous symposiums and looks ahead to the 2023 SITIE symposium.

Targeted Regulation Of Proxy Voting Advice: Balancing Monitoring With Information Flow In The Age Of Esg, Jara R.Y. Jacobson

Brooklyn Journal of Corporate, Financial & Commercial Law

Proxy voting advice businesses have historically been guided by disjointed rules and regulations based on their relationship to other entities, but under a 2020 rulemaking they were officially brought under the auspices of the Securities and Exchange Commission. However, after a change in presidential administrations, the Securities and Exchange Commission in 2021 issued a proposed amendment which, if adopted, would rescind some of the more contentious elements of the initial 2020 rulemaking. This Note considers how, even if the 2021 proposed amendments are adopted, the Securities and Exchange Commission can simultaneously regulate and protect proxy voting advice businesses through the …

Come Hell Or No Water: The Story Of Sandbranch And The Unincorporated Community Fight For Public Services, Daeja Pemberton

Student Scholarship

Sandbranch is the only unincorporated community left in Dallas County, and the residents of this majority-Black, impoverished community have had their cries for basic necessities—such as clean, running water—largely ignored. With the County and the City of Dallas not remedying the problem so far, there is a question as to who is responsible for providing water and other public services to the community’s eighty residents. As it currently stands, Texas law simply permits local governments to offer assistance to unincorporated communities but does not mandate that affirmative measures be taken to ensure that these communities are provided for. What is …

How Existing Securities Law Authorizes The Sec To Mandate And Regulate Sustainability Reporting, Kenya Rothstein

Buffalo Environmental Law Journal

No abstract provided.

Adirondack Land Use Under The “Forever Wild” Clause After Protect!, Todd Thomas

Buffalo Environmental Law Journal

No abstract provided.

Comparing Colonial Water Legacies: Flow And Stagnation In Legal Development, Erum Sattar

Buffalo Environmental Law Journal

No abstract provided.

Procedural Environmental Justice, Jonathan Skinner-Thompson

Washington Law Review

Achieving environmental justice—that is, the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies—requires providing impacted communities not just the formal right, but the substantive ability, to participate as equal partners at every level of environmental decision-making. While established administrative policy purports to provide all people with so-called meaningful involvement in the regulatory process, the public participation process often excludes marginalized community members from exerting meaningful influence on decision- making. Especially in the environmental arena, regulatory decisions are often …

V. 13, 2022 Masthead

San Diego Journal of Climate & Energy Law

No abstract provided.

Decarceration With Decarbonization: Renewable Rikers And The Transition To Clean Power, Rebecca Bratspies

San Diego Journal of Climate & Energy Law

This Article offers New York City’s Renewable Rikers project as an example of how this might be done, and how communities might combine decarbonization with decarceration in order to build a more just and sustainable society. By putting racial justice and overburdened communities at the center of building a clean energy grid, Renewable Rikers offers a model for genuine and transformative change that confronts root causes of inequality and builds a better, fairer city. It does so by tying electrification and land use decisions to equity concerns, and by facilitating meaningful community involvement in these infrastructure decisions. In this fashion, …

Hydropower's Promise: The Opportunities And Challenges Of Hydropower For Mitigating Climate-Driven Scarcity, Lauren Perkins, Sylwia Dakowicz, Ellen Hill, Peter Kissel, Sean Neal

San Diego Journal of Climate & Energy Law

This Article examines hydroelectric resources’ ability to assist states throughout the West and across the country in meeting their statutory and policy goals of reduced or zero carbon emissions, while maintaining reliability. Extreme weather events, and associated costs, are not isolated to the Western Interconnection, but rather increasingly impact other regions and their end-use customers. In its 2021 U.S. Hydropower Market Report, the Department of Energy (DOE) noted that, in nearly every Balancing Authority Area assessed, hydropower was more extensively used for hourly ramping flexibility than any other resource. Additional services hydroelectric resources provide, including storage capacity and black start …

Will The Border Water Quality Restoration And Protection Act Of 2020 Be Enough To Flush The Tijuana River Valley Water Pollution Crisis Down The Drain?, Kyle A. Rudolph

San Diego Journal of Climate & Energy Law

This Article reviews the complex and decades-long wastewater pollution crisis occurring in the Tijuana River Valley, its legislative history, and whether the Water Quality Restoration and Protection Act of 2020 would flush the Tijuana River Valley water pollution crisis down the drain in light of the promulgation of the USMCA.

Nevada's Energy Choice Initiative: A Case Study Of Deregulation, The Dormant Commerce Clause, And Energy Federalism, Joel A. Kaufmann

San Diego Journal of Climate & Energy Law

The fight over “Energy Choice” or “retail electricity market deregulation” in Nevada demonstrated a disagreement about how to structure electricity markets, economic consequences in the billions of dollars, and thorny legal doctrines like the Dormant Commerce Clause and dual sovereignty. The Energy Choice Initiative was the first attempt to deregulate a state’s retail electricity market by ballot initiative and the first include a right to “Energy Choice.” The Energy Choice Initiative is one example of the growing interest in retail customer choice or “Energy Choice” across the country. In the past two years, Virginia and Arizona considered retail customer choice …

Behind The Concrete Curtain: Acknowledging And Curbing Greenhouse Gas Emissions From Hydroelectric Facilities And River Impoundments, Joseph A. Welsh

San Diego Journal of Climate & Energy Law

From its early use as kinetic power to kick start the industrial revolution, a consensus emerged that hydroelectric power is clean, renewable, and reliable. In contemporary parlance it is universally classified as either “carbon free” or “low-carbon.” The history of hydropower in the United States supports this belief, and its use has rarely been scrutinized. However, an emerging consensus indicates scrutiny is necessary (for hydroelectric power and other energy sources avoiding acute assessment) given the challenges foisted upon us by anthropogenic climate change.

This Article will put the standard hydropower consensus to task and analyze whether it holds water as …

How Virtual Powers Plants Can Advance Electrification And Mitigate Infrastructure Needs As We Race To Meet Our Climate Challenges, Kevin B. Jones Phd, Mary Franco, Kim Mashke, Sarah A. Pardee

San Diego Journal of Climate & Energy Law

This paper explores three contemporary case studies of how distributed energy resources have been aggregated into Virtual Power Plants (VPPs) to provide resilient, low carbon solutions for our climate challenge in a manner that can mitigate demands on our energy infrastructure. These recent case studies will analyze distributed energy resources and how they can be aggregated to participate in wholesale electric markets to reduce the demand for larger utility scale resources while also providing grid services locally. These case studies build on previous research on distributed energy resources we have performed at our Institute for Energy and the Environment. The …