Environmental Law Commons^™

Bans On Bags Or Bans On Bans?: A Home Rule Analysis Of Recent Attempts In Ohio To Enact Legislation Eliminating Plastic Bags From Stores, Christine Mika, Karin Mika

Cleveland State Law Review

This Article addresses how Ohio’s Home Rule provision in the Ohio Constitution has played out as legislators grapple with efforts to ban plastic bags from stores. It discusses the complexities of the Home Rule doctrine in Ohio, especially as it relates to the competing authority of state, county, and municipal governments. The Article discusses the history of Home Rule in Ohio, and the pre-emptive relationships between the competing governmental entities stemming from the existence of County and Municipal Charters that also grant legislative powers. It explains that the opting out of plastic bag bans by Ohio municipalities is a valid …

From Models To Mannequins: The Oxymoronic Equation Of International Labor Law Standards In The World Of Fashion, Namrata Bhowmik, Naman Anand

Cleveland State Law Review

Fashion law is an emerging field that addresses the legal issues that arise in the fashion industry. With the rapid growth and globalization of the fashion industry, there is an increasing need for specialized legal guidance in this area. Fashion law encompasses a wide range of legal issues, including intellectual property, contract law, employment law, international trade law, and environmental law.

One of the main drivers behind the need for fashion law is the rise of counterfeiting and intellectual property theft in the fashion industry. With the proliferation of ecommerce and social media, it has become easier than ever for …

A Call For The Legalization Of Two Sustainable Means Of Final Disposition In Ohio, Aimee Sheetz

Cleveland State Law Review

Several states currently have laws that allow for alkaline hydrolysis as an alternative to burial or cremation. A few states also allow for the composting of human remains. People are choosing these means of disposition for themselves and their loved ones due to environmental, financial, and societal reasons. Ohio currently does not allow either of these methods to be performed within the state. There have been attempts to legalize alkaline hydrolysis in Ohio. This Note calls for the legalization of both methods of disposition by including them in the Ohio Revised Code. This would provide clarity to the Ohio Board …

Rebuilding Grid Governance, Joel B. Eisen, Heather E. Payne

BYU Law Review

As climate change sharpens the focus on our electricity systems, there is widespread agreement that the institutions that govern our electric grid must change to realize a clean energy future in the timescale necessary. Scholars are actively debating how grid governance needs to change, but in this Article we demonstrate that current proposals are insufficient because they do not contemplate “rebuilding.” This Article defines “rebuilding” as ending entities tasked with grid governance and creating new ones to take their place. We propose what no one else has: an overarching framework for rebuilding any grid governance institutions.

This Article discusses when …

Wading Through Troubled Waters: Inequities & Improprieties Of Stream Access Laws In The American West, Alexander Johnson

University of Cincinnati Law Review

No abstract provided.

Environmental Law Society Presents: The Power Of Internships, Cardozo Environmental Law Society

2022–2023 Flyers

No abstract provided.

The Tourism Industry And Plastic Waste Policies - Comparative Perspectives From The Portuguese Experience, Marina Monne De Oliveira, Romulo S.R. Sampaio, Patricia Regina Pinheiro Sampaio

Journal of Comparative Urban Law and Policy

This paper investigates the correlations between the tourism industry and plastic waste. It starts by evidencing that increase in tourism is likely to enhance the volume and improper destination of waste, including plastic, which has become a major environmental concern in touristic cities. The paper suggests that, on the other hand, negative environmental impact caused by plastic may disincentivize tourism, due to pollution in beaches and seas. As tourism grew in Portugal, the country experienced an increase in plastic waste and has taken measures to deal with the problem. Portugal passed federal legislation to ban single-use plastic tableware as of …

Vertical Farming: A Bottom-Up Approach, Michael Martinez

Seattle Journal of Technology, Environmental, & Innovation Law

The twenty-first century will require innovative solutions to address the effects of climate change. Vertical farming is one solution that could help conserve a significant amount of freshwater and reduce the agricultural industry’ s overuse of pesticides and intensive tilling practices, which contributes to soil erosion and pesticide runoff. There has been significant investment in vertical farming in every region of the United States; however, the cost to produce foods with vertical farming remains more costly than traditional farming, which is in large part due to the substantial amount of electricity needed to power all the technology required to grow …

“A Solemn Mockery”: Why Texas’S Senate Bill 8 Cannot Be Legitimized Through Comparisons To Qui Tam And Environmental Protection Statutes, Laura Blockman

University of Miami Law Review

On September 1, 2021, the Texas Legislature enacted the Texas Heartbeat Act, an anti-abortion statute popularly known as Senate Bill 8 (“S.B. 8”). Although many states passed anti-abortion legislation in 2021, S.B. 8 received national attention due to the law’s unusual enforcement mechanism: S.B. 8 empowers private citizens, not state actors, to sue individuals who perform or aid in the performance of an abortion after a fetal heartbeat is detected.

Unsurprisingly, the authors of S.B. 8 received extreme back- lash from the public, and many academics and legal scholars viewed the law’s private enforcement mechanism as an effort to evade …

Ecosystem Approach To Salmon Mariculture: Charting Law And Policy Coordinates From Theory, International Law, And State Practice, M Cecilia Engler Palma

PhD Dissertations

The Dissertation addresses the legal dimensions of an ecosystem approach to salmon mariculture. Its objective is to identify legal features that support, enable or obstruct the operationalization of an ecosystem approach in the planning and management of the activity. This objective is pursued through three consecutive analyses: theory, international law, and State practice. The Dissertation clarifies the concept of ecosystem approach to aquaculture through a critical analysis of the technical guidelines on ecosystem approach to aquaculture developed by the Food and Agriculture Organization of the United Nations. Building on the broader scholarship on ecosystems and the law, it develops a …

Successful Collaborations Between Indigenous Activists And Academic Linguists: How The International Year Of The Indigenous Languages Led To Three Projects For The International Decade Of The Indigenous Languages, Andrew Cowell, Shannon Bischoff, Monica Macauley, Doug Whalen

Colorado Environmental Law Journal

No abstract provided.

Justice, Resilience, And Disruptive Histories: A South Florida Case Study, Craig (Tony) Anthony Arnold, Frank Bencomo-Suarez, Pierce Stevenson, Elijah Beau Eisert

Colorado Environmental Law Journal

No abstract provided.

Achieving Climate Justice Through Land Back: An Overview Of Tribal Dispossession, Land Return Efforts, And Practical Mechanisms For #Landback, Vanessa Racehorse, Anna Hohag

Colorado Environmental Law Journal

No abstract provided.

Journal Of Food Law & Policy - Spring 2023, Journal Editors

Journal of Food Law & Policy

No abstract provided.

Opposition To Renewable Energy Facilities In The United States: May 2023 Edition, Matthew Eisenson

Sabin Center for Climate Change Law

Achieving lower carbon emissions in the United States will require developing a very large number of wind, solar, and other renewable energy facilities, as well as associated storage, distribution, and transmission, at an unprecedented scale and pace. Although host community members are often enthusiastic about the economic and environmental benefits of renewable energy facilities, local opposition often arises. This report updates and considerably expands two previous Sabin Center reports, published in September 2021 and March 2022, and documents local and state restrictions against, and opposition to, siting renewable energy projects for the period from 1995 to May 2023. Importantly, the …

Transferred Emissions Are Still Emissions: Why Fossil Fuel Asset Sales Need Enhanced Transparency And Carbon Accounting, Jack Arnold, Martin Lockman, Perrine Toledano, Martin Dietrich Brauch, Shraman Sen, Michael Burger

Columbia Center on Sustainable Investment

In a widely reported trend, the “Oil Supermajors” — BP, Chevron, ConocoPhillips, Eni, ExxonMobil, Shell, and TotalEnergies — are selling off many upstream fossil fuel assets.

Selling these assets to entities that will continue producing and selling the fossil fuel resources does not necessarily reduce greenhouse gas emissions, but the supermajors have used these asset sales to support claims that they are making progress toward reaching net-zero greenhouse gas emissions.

Emissions reporting frameworks allow companies to conflate the apparent emissions reductions from asset sales with direct reductions from efficiency improvements and asset retirements. In doing so, they hinder the ability …

The Intersection Of Urban Heat Islands And The Cdc Social Vulnerability Index In Two Border Cities, Ileana Morales

Open Access Theses & Dissertations

No abstract provided.

Voices Of The River: The Rise Of Indigenous Women Leaders In The Colorado River Basin, Heather Tanana

Colorado Environmental Law Journal

Climate change is one of the leading challenges facing tribes today. Traditionally, Indigenous women played significant roles in tribal decisionmaking and governance. However, European contact and colonization shifted gender dynamics, imposing male-dominated leadership. Recently, Native American women are reclaiming leadership positions-formally within tribal government, as well as informally in prominent community roles. These women are poised to lead the way in protecting their communities against climate change impacts, but support is critical to sustaining pathways to leadership. This article discusses the disproportionate impacts of climate change on tribes and highlights the rise ofIndigenous female leadership within the Colorado River Basin …

Power To The People: How Ferc Can Support Energy Grid Resiliency Through Microgrids, Grace Jimenez

Colorado Environmental Law Journal

No abstract provided.

The Need For Reform In Forest Service Wildfire Discretion, Brendan Barbara

Colorado Environmental Law Journal

No abstract provided.

Table Of Contents, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.

Visions For The International Decade Of Indigenous Languages 2022-2032, Kristen Carpenter, Andrew Cowell, Alexis Palmer

Colorado Environmental Law Journal

No abstract provided.

International Language Diplomacy: The United Nations International Decade Of Indigenous Languages, Alesksei Tsykarev

Colorado Environmental Law Journal

No abstract provided.

The Intersection Of Language, Law, And Sovereignty: A Shawnee Perspective, Ben Barnes Chief

Colorado Environmental Law Journal

No abstract provided.

Indigenous Language Leaders: Perspectives On The International Decade Of Indigenous Languages, Justin Neely, Billie Sutton, Richard Kistabish, Rosalyn Lapier

Colorado Environmental Law Journal

No abstract provided.

Computational Linguistics, Language Technologies And The International Decade Of Indigenous Languages: Academic And Community Interactions, Antti Arppe, Mary Hermes, Marie-Odile Junker, Nora Livesay

Colorado Environmental Law Journal

No abstract provided.

Thoughts On The Ethics Of The International Decade Of Indigenous Languages, Wesley Y. Leonard

Colorado Environmental Law Journal

No abstract provided.

Cherokee Identity, National Responsibility, And Global Solidarity: A Tribal Leadership View Of The International Decade Of Indigenous Languages, Chuck Hoskin Jr.

Colorado Environmental Law Journal

No abstract provided.

Table Of Contents, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.

The Enemy Of My Enemy Is My Friend. The Return Of Wolves Through Federal Authority And Tribal Treaty Rights, Cameron Abatti

Colorado Environmental Law Journal

No abstract provided.