Environmental Law Commons^™

No Child Left Behind: Individualized Active Shooter Drill Planning As A Requirement Of A Free, Appropriate Public Education, Anna Patton

Public Interest Law Reporter

No abstract provided.

Disposability And Survival: The Legal And Social Marginalization Of Black Transwomen, Rachel Still

Public Interest Law Reporter

The criminalization of Black transwomen emerges not as an incidental consequence of law but as a deliberate, structural process intertwined with a long history of racial, gendered, and class-based oppression. From the horrors of slavery to contemporary policing, the state has consistently defined and regulated Black trans bodies through a lens of disposability. This article explores the historical and contemporary forces that contribute to the marginalization and criminalization of Black transwomen, emphasizing how race, gender, and socio-economic status intersect to create a landscape of legal violence that continues to shape their lives and deaths.

The experiences of Black transwomen reveal …

Prisons Built On Toxic Sites: Eighth Amendment Protections For Pregnant Incarcerated Persons, Bianca Stockmeier

Public Interest Law Reporter

No abstract provided.

Letter From The Editor-At-Large, Ally Hayes

Public Interest Law Reporter

No abstract provided.

Selected Words From The Collection: The Un Human Right To Adequate Housing, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

Resource List, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

Table Of Contents

Public Interest Law Reporter

No abstract provided.

Disbelief As Doctrine: People V. Addimando And Evidentiary Barriers To Justice In The Law Of Self-Defense, Rachel Still

Public Interest Law Reporter

No abstract provided.

Public Right Vs. Private Interest: The Role Of Corporate Entities In Eroding Free Expression, Jack Henry

Public Interest Law Reporter

No abstract provided.

Life, Liberty, And The Pursuit Of Insulin: America’S Deadly Pharmaceutical Profiteering Crisis, Elizabeth Hernandez

Public Interest Law Reporter

No abstract provided.

Did The Supreme Court Authorize Kidney Discrimination? An Analysis Of Marietta Memorial Hospital V. Davita Dialysis, Emily Miller

Public Interest Law Reporter

No abstract provided.

Reopening The Path To Accountability: Applying Martin V. United States To Ice Misconduct In Illinois, Saylor Pershing

Public Interest Law Reporter

No abstract provided.

Calculated Ignorance: The Trump Administration’S Indifference To The Climate Crisis, Payton Fallick

Public Interest Law Reporter

No abstract provided.

Teaching At The Intersection Of Federal Indian Law And Environmental Law Courses, Mia Montoya Hammersley, Vanessa Ann Racehorse, Heather Tanana, Nadine Padilla, Gerald Torres

Publications

A discussion of the important role of Federal Indian Law in the practice of environmental and natural resources law and guidance on incorporating this intersection into traditional environmental law courses and curricula.

The North American Gap Ungulates Must Migrate Physically And Legally: Elk As A Case Study, Alex Wendlandt

Wyoming Law Review

Humans have tracked elk hoof prints in North America since ancient times, recognizing the significance of these migratory ungulates in culture, mythology, dietary value, and utility. As migratory ungulates, elk respond to changes in their environment by migrating to and from their summer and winter ranges. Today, elk migrations continue across the jurisdictional boundary of the northern United States and southern Canada, spreading ecological and economic benefits with each track they make. Unfortunately, ungulate migration is an “endangered phenomenon” due to loss of connectivity and loss of habitat. While the United States and Canada have acknowledged the importance of, and …

Standing On Slippery Ground: Pfas Products, Article Iii Standing, And The Case For Legislative Action, Bren J. Chaisson

Student Competition & Published Writings

Can implementing a new statute fix the standing obstacle that many cases involving per- and polyfluoroalkyl substances (PFAS) face? PFAS are a classification of thousands of common chemicals that cause a variety of adverse health effects. Hardwick v. 3M Co. highlighted the issue plaintiffs have with establishing standing when bringing forth a case. The plaintiff’s alleged injury was the presence of five specific PFAS in his bloodwork. The 6 th Circuit Court of Appeals held that the plaintiff, a firefighter who often used PFAS-contaminated foam, was unable to demonstrate that the defendants, several PFAS manufacturers, were responsible for the PFAS …

Introduction, Sydney Gass

FIU Law Review

No abstract provided.

Climate Finance Needs More Market Discipline, Richard Morrison

FIU Law Review

The market for climate and sustainability-driven products and services is potentially very large and thus attractive to many investors and entrepreneurs. However, its current reliance on public subsidies and capital flows is a significant weakness that often goes unacknowledged.

Constitutionalizing Climate Rights, Mark Nevitt

FIU Law Review

No abstract provided.

“Modernizing Regulatory Review”: A Short-Lived Abandonment Of More Than Four Decades Of Regulatory Review And Benefit-Cost Analysis, Richard Belzer

FIU Law Review

"President Biden’s Modernizing Regulatory Review (MRR) initiative fundamentally altered regulatory procedures, practices, and centralized oversight that had been in place since 1981 when they were formalized by President Reagan in Executive Order 12,291. MRR proceeded in three phases. First, a Memorandum issued on President Biden’s first day in office telegraphing the broad outlines of the plan. Second, more than two years later, an Executive Order codifying the MRR memorandum was issued, combined with implementation guidance issued by the Office of Management and Budget (OMB). And third, OMB guidance on the conduct of regulatory BCA was radically revised, clearly with an …

Uncharitable Think Tanks, Faith Stevelman

FIU Law Review

As people debate whether the Heritage Foundation’s Project 2025 is good policy, what’s being overlooked is that it’s likely unlawful as the work product of a charitable think tank. (Think tanks nearly always are qualified as charities under the tax code.) To reinforce think tanks’ educational mission, tax law sets rigorous content requirements for their materials. It also bans them from campaigning, sharply limits their lobbying, and prohibits their benefiting private parties. The doctrines are intended to keep think tanks charity-worthy educators, but they have not succeeded.

Ironically, the failure reflects other features of tax law that incentivize using think …

Effects Of Round-Up On The Environment, Sandra J. Marcu

Journal of Earth and Life Science

Many people around the world have used and still currently use Roundup but are unaware of the effects it has on the environment. Roundup is a spray on application weedkiller that is widely used around the world today both residentially and commercially. It enables its user to grow a garden or a field of crops with a no-tilling approach to eliminate weeds. It is a well-known and popular choice for killing weeds that has been around since the mid 1970’s (Oca, 2017). John Franz, a Monsanto scientist discovered that glyphosate (main ingredient in Roundup) was an herbicide or weedkiller, and …

The Effectiveness Of The Minnesota Buffer Law And Its Impacts On People, Ellen P. Isakson

Journal of Earth and Life Science

In January 2015, the then-governor of Minnesota Mark Dayton announced new legislation that would require 50-foot vegetation buffers along all waterways in Minnesota; this legislation would come to be known as the Minnesota buffer law, exact requirements being “perennial vegetative buffers of up to 50 feet along lakes, rivers, and streams and buffers of 16.5 feet along ditches” (Albert, 2017; MN Board of Water and Soil Resources [MN BWSR] 4 ). A buffer in the context of vegetation and natural resource management is a strip of vegetation around a body of water “designed to intercept stormwater runoff and minimize soil …

The Fiduciary Code Of Capital And Climate Change, Seth Davis, Gregory Shaffer

Georgetown Law Faculty Publications and Other Works

Fiduciary law is part of the “code” for the management of capital, as Katharina Pistor has conceptualized law. Climate activists, attorneys, investors, and international organisations have turned to fiduciary law for legal solutions to the ongoing problem of inadequate corporate and state action in response to climate change. Our thesis is that the turn to fiduciary law by norm entrepreneurs is an attempt to encode a concern for climate change within the management of capital. We make two contributions to the literature on private law and climate change. First, we rigorously identify the features of fiduciary law that make it …

Teitiota And Climate Non-Refoulment: The International Law Obligation To Create Domestic Protection Mechanisms, Helen Kerwin

University of San Francisco Law Review

No abstract provided.

From Shield To A Sword: Using The Dormant Commerce Clause To Challenge State Laws Promoting Fossil Fuels, James Crisafulli

University of San Francisco Law Review

No abstract provided.

Cleaning Our Hands Of Climate Washing: Promoting Corporate Responsibility With The European Union’S Corporate Sustainability Due Diligence Directive, Parker M. Jacobs

University of San Francisco Law Review

No abstract provided.

Landscape Intactness As A Necessary Component Of Multiple-Use And Sustained-Yield Management Of Bureau Of Land Management Public Lands, Matthew S. Dietz, Alison C. Flint, R. Travis Belote

Colorado Environmental Law Journal

No abstract provided.

Greenwashed Forest Management And Wildfire Resilience, Sarah A. Matsumoto

Colorado Environmental Law Journal

No abstract provided.

State Adoption Of A Constitutional Right To A Clean And Healthy Environment: Held V. Montana As A Success For Climate Litigation, Lara Andenoro

Colorado Environmental Law Journal

No abstract provided.