Environmental Law Commons^™

Seqra Developments: Amendments To Ease Housing Construction, Revised Regulations, New Cases, Michael B. Gerrard

Faculty Scholarship

In the hopes of easing the housing shortage, on May 26 the New York Legislature passed and Governor Kathy Hochul signed a bill that will exempt many multifamily housing projects from the State Environmental Quality Review Act (SEQRA).

A month before, the New York State Department of Environmental Conservation (DEC) issued regulations on protecting disadvantaged communities, and took steps to require more discussion of climate impacts under SEQRA.

Five Urban Futures For A Hot Planet: U.S. Legal Scenarios, Michael B. Gerrard

Faculty Scholarship

If current climate change trends continue, flooding, extreme heat, wildfires, and water scarcity will make the homes of millions of people in the United States increasingly uninhabitable. This change could happen by the end of the century, perhaps sooner. Most people will want to stay in their current homes, but there is no coherent policy to fortify the most vulnerable places. Nor is the current legal system equipped to handle what may become one of the largest migrations in U.S. history, as people flee intolerable climate conditions. This Article envisions five scenarios for cities in the future: sprout, grow, stay, …

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 …

Clihhr Leads Push For Regulatory Scrutiny Of Amazon Mining Project, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Cardozo Law Institute in Holocaust and Human Rights (CLIHHR), in collaboration with the University of Toronto's International Human Rights Program, filed requests with U.S. and Canadian securities regulators seeking investigations into alleged misrepresentations related to Brazil Potash's proposed mining project in the Brazilian Amazon. The initiative highlights concerns regarding Indigenous rights, environmental impacts, and investor disclosure.

The Human Right To A Healthy Environment: Corporate Responsibility In Critical Mineral Extraction, Erika George

Faculty Scholarship

This paper argues that the emerging human right to a clean, healthy, and sustainable environment should guide the governance of critical minerals by incorporating the corporate responsibility to respect human rights throughout supply chains to ensure a racially just energy transition. It frames the climate crisis within the history and political economy of racial capitalism, contending that without rights-based guardrails, mineral supply chains risk reproducing the extractive harms and racialized disparities of the fossil fuel era, including labor abuses, displacement, water depletion, and violence disproportionately borne by racialized and Indigenous communities. Methodologically, the paper combines doctrinal analysis of international norms …

Fighting The Black Snake: The Dapl And The Case For Indigenous Environmental Stewardship, Kenny Moll

Student Theses 2015-Present

This thesis analyzes the current scope of environmental injustice on Native lands in the U.S. Specifically it examines The Dakota Access Pipeline (DAPL) and its impacts on the Standing Rock Sioux Tribe of North Dakota. Western colonialism and capitalism have dominated North American ecosystems since their forcible introduction hundreds of years ago, causing the commodification of natural resources and leading to injustices such as that of the “Black Snake.” However, the story of The Standing Rock Sioux Tribe’s resistance will be analyzed through the framework of Indigenous philosophy and environmental justice. Chapter 1 analyzes the implementation of the DAPL and …

Clihhr And Other Institutions Publish Report "Resistance: Mura Struggle Against Canadian Potash Mining In Brazil's Amazon", Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Cardozo Law Institute in Holocaust and Human Rights (CLIHHR), together with university legal clinics in Brazil, Canada, and the United States, published a report examining the impacts of a proposed Canadian potash mining project in the Brazilian Amazon and its potential risks to Indigenous communities and the environment.

Ecocentric Environmental Justice: Why We Should Go There And How We Can Get There, Jillian R. Houle

Pace Environmental Law Review

Environmental justice is necessary. It forces us to grapple with the fact that environmental burdens and benefits have been disproportionately divvied up across arbitrary race- and income-based lines, asks “what are you going to do about it?”, and offers solutions and answers to the problems it identifies. Everyone benefits from environmental justice. At the same time, environmental protection is necessary. Not only does environmental protection, by definition, protect the biotic and abiotic components of the natural world, but it further serves to protect humans, who unequivocally rely on the natural environment to sustain their collective life. Everything – living and …

Toward Integral Security: How Environmental Protection Was Incorporated Into The United Nations System And Why It Matters Today And Tomorrow, Patricia M. Mische

The Journal of Social Encounters

How did the United Nations - an international organization built on 19^th century worldviews and state-centric structures, integrate 21^st century challenges of environmental protection into its mission and programs? The UN Charter includes no mandate for environmental protection. Ecological integrity was not included in the scope of peace and security held by member states when they ratified the UN Charter. Yet, despite this and other historical, philosophical and structural limitations, the UN became the leading body for the development of global environmental policy.

How Climate Change And Environmental Policies Affect Impoverished Communities, Nicole Skala

Journal of Race, Gender, and Ethnicity

Climate change is a global problem that affects everyone, but not proportionately. Lower income communities face greater physical and economic impacts, and policies often fail to consider their needs. These communities struggle to adapt and recover from disasters due to limited resources, and they lack access to resilient housing. Major corporations like Exxon and Shell profit while their workers are underpaid for dangerous labor. Historically, regions like rural Appalachia have seen exploitation through industries like coal. People of Color (POC) communities experience environmental racism, suffering greater environmental harm due to systemic neglect. Increasing commodity costs can hurt lower income individuals, …

Lessons Learned From The Mountain Valley Pipeline: Can Nature's Rights Or Environmental Justice Be The New Mvps In Pipeline Litigation?, Caitlin Kwalwasser

William & Mary Environmental Law and Policy Review

This Note will provide an introduction and proscriptive application of two litigation strategies for future pipeline litigation by using the MVP [Mountain Valley Pipeline] as a case study: (1) environmental justice and (2) nature’s rights. To understand how these strategies differ from the present, Part I will first examine the primary way opponents sought to prevent construction in the case of the MVP: challenging agency findings. Then, Part II will provide context for the two proposed litigation strategies. Finally, Part III will describe possibilities for how these strategies might be employed to prevent the construction of future pipelines.

This Note …

The Bugbear Of Indigenous Commercial Fishing Rights On The Eastern Frontiers Of Australia And The United States, Teresa Singh

LL.M. Essays & Theses

Restrictions on the commercial exercise of Indigenous fishing rights are plentiful across the U.S. and Australia. They have particular force and prevalence for Indigenous communities residing in the sites of the first colonies in both nations. This note exposes the common history underlying the diminished rights in these regions and argues the situation amounts to a critical environmental injustice. It follows that environmental justice advocates and scholars should embrace and advance the more encompassing iteration of Indigenous fishing rights urged by this note and support their restoration as a form of corrective justice for these communities.

Ecosocialism, Degrowth, And Global South Thought: Critical Legal Transformations, Nicholas F. Stump

William & Mary Environmental Law and Policy Review

This Article explores how Critical Legal Research (CLR) can help drive transformations of our ecological political economy towards true system change. CLR entails a critical legal theory–informed approach to legal and broader socio-legal research. After articulating the CLR framework, this Article explores its potential in the context of leading and intertwined bodies of theory for transformative change: ecosocialism, degrowth, and Global South and Indigenous thought. Next, this Article offers concrete avenues to help pursue such emancipatory change—i.e., specifically focusing on the popular conception of an “ecosocialist transition.” Ecosocialist transition strategies include non-reformist reforms, dual power, a radical just transition, and …

Bridging Silos: Environmental And Reproductive Justice In The Climate Crisis, Sara A. Colangelo

Georgetown Law Faculty Publications and Other Works

The climate crisis is a perilous yet underexamined example of the intersection of environmental injustice and reproductive injustice. The physical manifestations of the climate crisis affect key elements of reproductive justice: women’s rights to have children, to not have children, and to parent children in healthy, sustainable communities. Reams of studies document climate disaster-driven gender violence, loss of access to healthcare and reproductive services, as well as direct and deadly health effects of climate change on maternal health, fetal development, infants, and children. Despite these profound impacts, the environmental and reproductive justice movements remain largely siloed, particularly in the legal …

Access To Environmental Justice In Canadian Environmental Impact Assessment, Thomas Gilmour, Jocelyn Stacey

All Faculty Publications

Contemporaneous reforms to Canada and British Columbia’s environmental impact assessment legislation have the potential to advance Access to Environmental Justice. Access to Environmental Justice is the ability of individuals and communities who are disproportionately and negatively impacted by environmental decisions to access legal and regulatory processes and to have their concerns heard and addressed through environmental decision-making and dispute resolution. Access to Environmental Justice connects concepts of environmental justice, public participation, the rule of law, and access to justice to provide a framework for evaluating the implementation of environmental impact assessment laws. We conducted a preliminary analysis of early implementation …

Climate Change And Environmental Crises In Coastal Cities: Charleston Vs New York City, Nolan Rodriguez

Student Theses 2015-Present

This paper addresses the increasing vulnerability that coastal communities face regarding climate crises and rising sea levels. Specifically, this paper investigates the environmental crises facing Charleston, South Carolina, and New York City. The geographical location of these cities places a more severe threat upon their environment, as opposed to urban collectives removed from the immediate effect of rising sea levels. A cross-examination of politics and economics is discussed in order to determine the causal relationship of each city’s engagement with its surrounding environment. This paper examines how each city is affected by climate change, what measures are in place to …

Foreword To Water Law In A Changing Climate, Emily Wells

William & Mary Environmental Law and Policy Review

Climate change impacts all aspects of water from precipitation, river flow, groundwater, and sea levels, resulting in increased droughts and extreme weather events. Once predictable and stable resources have become uncertain in a changing climate. As a result, our laws face new challenges and must answer new questions, and they need to adapt. The William & Mary Environmental Law and Policy Review symposium “Water Law in a Changing Climate” highlighted the various issues and challenges facing our legal system when it comes to water. Our symposium consisted of experienced panelists and presenters with diverse expertise who each elaborated on the …

Environmental Justice, Resilience Justice, And Watershed Planning, Craig Anthony (Tony) Arnold, Resilience Justice Project Researchers

William & Mary Environmental Law and Policy Review

Watershed planning is an increasingly used governance tool for addressing environmental problems at ecosystem scales of watersheds, which are areas of land that drain to a common body of water. In recent years, watershed planning in the United States has been undergoing an “equity evolution”: watershed planners have begun integrating environmental justice considerations into their plans, often in response to demands by low-income communities of color. This Article explores a comprehensive set of principles, processes, analytical tools, and strategies for equitable watershed planning. It integrates a resilience justice perspective with environmental justice. Resilience justice is concerned with the systemically unequal …

Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, Ganeswar Matcha, Sudarsanan Sivakumar

Sustainable Development Law & Policy

This paper analyses the governance machine in place at the Arctic and examines the application of the principles of “common heritage of mankind” at the Arctic. This paper also offers some tentative propositions aimed at protecting Out Bound investment rights and how the World Trade Organization or other countries, like the U.S., can intercede in the Arctic investment sphere and attempt to regulate along with the United Nations Convention for the Law of the Sea.

Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham

Sustainable Development Law & Policy

The disparate climate performances of Finland and the United States, two of the wealthiest countries in the world, bring to light the question of how corporate responsibility has been inspired in each jurisdiction. Having established the urgency of the climate crisis and the importance of corporate behavior in optimizing a given country’s approach to protection of the global environment, an examination of each nation’s legal frameworks may shed light on features of the corporate regime that are effective in advancing sustainability goals and those that are not.22 Part I of this paper establishes a comparative framework by providing background on …

Sabin Center For Climate Change Law Annual Report 2023, Sabin Center For Climate Change Law

Sabin Center for Climate Change Law

This year the Sabin Center for Climate Change introduces its first annual report, which highlights and synthesizes our cutting-edge research and innovative engagements in 2023.

Seeding A Movement: Indigenous Food Sovereignty, Mariaelena Huambachano

University of Miami Law Review

For many Indigenous peoples, well-being is bound up with and inseparable from the natural world. But since colonialism, Indigenous traditions and access to traditional foods or foodways have been disrupted, imperiling their health and well-being. In this Article, I discuss the role of Indigenous cosmovision/worldview and Indigenous Food Sovereignty in achieving environmental justice. Specifically, in this Article, I discuss that despite, or perhaps because of, efforts to deny Indigenous peoples’ access to healthy and culturally appropriate foods, Indigenous Food Sovereignty took a rise of preciousness in informing natural regenerative food systems, and ultimately, “holistic/collective well-being.”

Energy Justice And Renewable Rikers, Rebecca Bratspies

University of Miami Law Review

Unsustainable energy practices generate the lion’s share of global carbon emissions as well as staggering levels of deadly particulate pollution. Replacing the current dirty, fossil fuel-based system with affordable, clean energy is both a human rights imperative and a climate change necessity. This transition, which has already begun, creates the opportunity to do things differently. By confronting the structural racism embedded in existing energy structures, we can build a just transition rather than just a transition. This Article uses New York City’s Renewable Rikers project as a case study to explore how we might take advantage of the intersections between …

Public Health Impacts And Intra-Urban Forced Displacement Due To Climate Gentrification In The Greater Miami Area—Community Lawyering For Environmental Justice And Equitable Development, Theresa Pinto, Abigail L. Fleming, Sabrina Payoute, Elissa Klein

University of Miami Law Review

Because Miami-Dade County is “ground zero” for such climate effects as sea-level rise and increasingly hazardous, climate-driven Atlantic hurricanes, the coral rock ridge that runs along the Eastern coast of South Florida is a prime target for redevelopment and “climate” gentrification. Through a community and movement lawyering for environmental justice approach, we partnered with local community organizations to contribute to the ongoing work of community-driven equitable development. In partnership, we developed an environmental public health study to understand and document the public health effects on disadvantaged communities in Miami-Dade County from forced intra-urban displacement due to redevelopment that is being …

Evolving Legal Conceptions Of “Energy Communities”, Uma Outka

University of Miami Law Review

The concept of “energy communities” has had long-standing and evolving significance in the United States and in other countries around the world. Under the Biden Administration, the term “energy communities” has acquired new legal meanings that differ by context and continue to evolve. This Article traces the shifting meaning of “energy communities” and examines how it relates to other dominant references to “communities” in the context of energy law and policy, including environmental justice, low-income, underserved, and disadvantaged communities, as well as newer community-scale energy system innovations, such as community solar or “advanced energy communities.” International comparisons, such as with …

Remediation For Pfas Contamination: The Role Of Cercla Enforcement In Environmental Justice, Amanda F. Watson

Georgia Law Review

PFAS are a family of manufactured chemicals that are highly persistent in the environment. Most people in the U.S. have been exposed to PFAS, but different groups of people may have higher exposure due to their environments. In recent years, peer-reviewed scientific studies have shown that PFAS are linked to numerous adverse human health effects. As a result, the U.S. Environmental Protection Agency (EPA) has taken a variety of actions to address PFAS, including proposing to designate PFOS and PFOA, two chemicals in the PFAS family, as hazardous substances under CERCLA, or Superfund. CERCLA is the primary legal mechanism in …

Labor Rights In The Anthropocene: The Effects Of Climate Change On Undocumented Farm Workers, Sophia Anderson

Seattle Journal for Social Justice

No abstract provided.

Rubbing Salt Into The Wound: Environmental Injustices In Prisons And The Difficulties Of Obtaining Relief, Savannah Markel

Journal of Criminal Law and Criminology

American prisons are often built near or on environmentally hazardous lands. Not only do prison locations affect prisoners’ health and well-being, but deteriorating confinement conditions exacerbate such safety and wellness risks. In seeking justice for these environmental violations, prison litigants often choose to raise claims under the Eighth Amendment’s Cruel and Unusual Punishment Clause. However, the Clause requires litigants to meet an extremely high—indeed, near-impossible—bar to succeed on their claims. Environmental justice advocates have proposed an alternative remedy which calls on the Environmental Protection Agency (EPA) to regulate environmental injustices in prisons. This Comment analyzes the difficulties of raising an …

Reforming The Federal Regulatory Review Process, Joanne Spalding, Andres Restrepo

FIU Law Review

For decades, the Office of Information and Regulatory Affairs (OIRA) has overseen the development of federal regulatory policies with a strong emphasis on benefit-cost analysis. Despite its conceptual appeal, this analytic tool consistently shortchanges environmental and public health protection, with especially negative consequences for environmental justice communities. In this article, we address some of those shortcomings, focusing in particular on the standard agency practice of arithmetically discounting regulatory costs and benefits that accrue in the future. We propose that the OIRA abandon this practice as it relates to non-market goods, such as human lives saved, and instead work toward a …

Environmental Justice As Environmental Human Rights, John H. Knox, Nicole Tronolone

Vanderbilt Journal of Transnational Law

For many years, the environmental justice movement in the United States and the evolution of international human rights law concerning the environment have pursued parallel but separate paths, only occasionally noting that they share common concerns. This Article seeks to build a stronger bridge between them, in three ways.

First, it presents the most detailed restatement of environmental human rights law yet published. International human rights bodies have developed a robust environmental jurisprudence setting out concrete obligations on States, including procedural obligations to provide public access to environmental information, decision-making, and remedies, substantive obligations to adopt and enforce effective environmental …