Environmental Law Commons^™

Defining "Habitat" Post-Weyerhaeuser: Critical Habitat Regulations Under The Endangered Species Act Must Promote Species Recovery, Nate Mccabe

American University Law Review

As one of the strongest federal environmental statutes, the Endangered Species Act (ESA) is a powerful tool for environmental litigators to uphold the important conservation objectives articulated by Congress in 1973. In recent years, the role of “critical habitat” within the ESA has come into question. The Supreme Court decided in Weyerhaeuser that “critical habitat” must also qualify as “habitat,” but it failed to articulate any guidelines for determining what “habitat” actually is. This decision incited a regulatory tug-of-war over the proper definition of “habitat” within the ESA. This Comment explores the approaches to defining “habitat” employed by the Trump …

Polluters Paradise: The Dark Canon Of The United States Supreme Court In Pollution Control Law, Oliver A. Houck

American University Law Review

This Article is the last in a series of four articles exploring the Supreme Court's destructive legacy on environmental protection in the United States. This Article specifically explores the relationship between the Supreme Court and pollution through the lens of four landmark cases. Perhaps unsurprisingly, these cases together evince the Court’s tendency to distort both facts and law to reach outcomes that will benefit industrial polluters and emitters alike.

In the first case, Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, the Court disregarded EPA regulations banning the discharge of toxic materials into waters to approve a pollution-heavy mining operation. …

Examining The Relationship Between Environmental Justice And The Lack Of Diversity In Environmental Organizations, Haley Walter

Law Student Publications

This article highlights the ongoing lack of diversity in each of the three major types of environmental organizations—conservation and preservation organizations, governmental agencies, and environmental grantmaking foundations—and assesses how this lack of diversity has historically marginalized people of color. Assessing the history of how the environmental movement has marginalized people of color is key because from this marginalization grew the rise of the environmental justice movement and recognition from the legal system of environmental issues that disproportionately impacted people of color. Last, this article presents solutions on how environmental organizations can increase and retain diversity in their staff and leadership …

2021 Rhode Island Public Laws, Madison C. Picard

Roger Williams University Law Review

No abstract provided.

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

Guilty Until The Check Clears: How Money Bail Incentivizes Wealth And Criminalizes Poverty, Caroline Jarcho

Public Interest Law Reporter

No abstract provided.

Nfib V. Osha: Weighing Public Safety Against Non-Delegation, Dean Jepsen

Public Interest Law Reporter

No abstract provided.

A Look At The Inception And Evolution Of The Juvenile Legal System In Illinois, Annie Keller

Public Interest Law Reporter

No abstract provided.

Guns For Freedom: An Unlawful Police Tactic In Chicago, Malachy Schrobilgen

Public Interest Law Reporter

No abstract provided.

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

The Next Era Of Health Law: Medical-Legal Partnerships, Anna Ahrens

Public Interest Law Reporter

No abstract provided.

An End To Sacrifice Zoning In Chicago, Jasmine Anderson

Public Interest Law Reporter

No abstract provided.

Gun Violence: The American Hate Crime Epidemic, Melissa Charbonneau

Public Interest Law Reporter

No abstract provided.

Poverty As A Barrier To Family Unification: A Look At The Relationship Between Child Welfare Involvement And Access To Housing, Abby Dompke

Public Interest Law Reporter

No abstract provided.

Water Is Life: The Standing Rock Sioux Tribe's Legal Battle Against The Dakota Access Pipeline, Jasper Gingrich

Public Interest Law Reporter

No abstract provided.

Balancing Student Rights And Student Safety: An Exploration Of The Constitutionality Of Searches In Schools Under The Fourth Amendment, Brittany Haracz Begley

Public Interest Law Reporter

No abstract provided.

Why Offshore Betting Is Risky, Steven Henley

Public Interest Law Reporter

No abstract provided.

The Pretrial Fairness Act: Certainties And Suspicions, Ethan Mora

Public Interest Law Reporter

No abstract provided.

Education Is A Fundamental Right, Anna Nornes

Public Interest Law Reporter

No abstract provided.

12+ Hours A Day: How Juvenile Detention Centers Diminish The Goal Of Rehabilition In Juvenile Justice, Melanie Persangi

Public Interest Law Reporter

No abstract provided.

Chicago Is Not A Sundown Town: A Closer Look At Youth Curfews, Nneka Ugwu

Public Interest Law Reporter

No abstract provided.

Vulnerable Populations: Climate Change And Extreme Weather Threats Facing Urban Communities, Kara Consalo

Journal Publications

This article explores increasing extreme weather threats facing American cities due to global climate change, including hurricanes, floods, heat waves, and wildfires. After explanation of such threats, the paper delves into case studies of the response and resiliency measures being undertaken by three preeminent coastal American cities to prepare for weather disasters: New York, Miami, and San Francisco. The paper concludes by providing guidance and recommendations for urban policymakers seeking to develop resiliency measures in the face of long-term effects and short-term emergencies created by climate and weather extremes. Such recommendations include how to initiate and fund development of climate …

Designing An Equitable Border Carbon Adjustment Mechanism, Ivan Ozai

Articles & Book Chapters

Policy makers worldwide have increasingly considered the adoption of a carbon adjustment at the border to equalize carbon pricing on foreign goods with carbon policies imposed on domestic production. The implementation of a border carbon adjustment (BCA) in the European Union has been recently proposed by the European Commission, followed by similar plans in the United States and Canada, as an instrument designed to address concerns about competitiveness and emissions leakage resulting from the absence of a global price on carbon or an internationally coordinated carbon-pricing system. Despite its potential to address these issues, the implementation of a BCA raises …

Expanding American Indian Land Stewardship: An Environmental Solution For A Country In Crisis, Haley Edmonds

Law Student Publications

Land is the central foundation around which all life is formed. Therefore, societies must have a stable connection with the land in order to be structurally sound. If this connection is weak or inflexible, every building-block of civilization laid on top of it will inevitably crumble. Some societies have established stable relationships with the land by working around and responding to nature’s rhythms in order to satisfy their needs. Whereas other societies have ignored nature’s intricacies and instead have tried to strong-arm nature into yielding to their whims. These two diametrically opposed approaches to conceiving of humans’ relationship with the …

Environmental Racism In Baltimore: A Geographical Study Into The Connections Between Environmental Toxins And Public Health, Genevieve Block

Honors Theses

An investigation into the relationship between environmental toxins and environmental racism in Baltimore City, Maryland.

Esg & Anti-Black Racism, Alicia E. Plerhoples

Georgetown Law Faculty Publications and Other Works

This essay discusses contemporary federal, financial intermediary, and company efforts to navigate racial inequality, placing those efforts in the context of ESG—environmental, social, and governance—initiatives. While ESG tools and metrics have tended to focus on a firm’s external and internal impacts on the environment, human rights, and labor standards, in recent years, firms have targeted ESG efforts at racial equity primarily through internal diversity, equity, and inclusion (DEI) initiatives and customer-facing corporate philanthropy. This essay proposes an ESG racial equity goal, discusses how federal regulations of corporate DEI programs and policies fail to meet this goal, and highlights how racial …

Water In The Time Of Covid: Water Insecurity, Privatization, And Establishment Of The Human Right To Water, Liza Sternik

University of San Francisco Law Review

No abstract provided.

Strengthening Marine Species Protections In Cuba: A Case Study On The Critically Endangered Smalltooth Sawfish, Olga Koubrak, Fabián Pina Amargós, José Alberto Álvarez Lemus, Tonya Wiley, Katie Thompson, Tamara Figueredo Martín, Fernando Bretos, Sonja Fordham

Gulf and Caribbean Research

The Smalltooth Sawfish (Pristis pectinate), a critically endangered species of ray, is in urgent need of strong legal protection and conservation action in the Wider Caribbean Region, particularly in Cuba. Cuba has a long history of conservation initiatives for other marine species and is a signatory to multiple multinational agreements that direct the country to protect sawfish. Nevertheless, sawfish are only just beginning to be a species of concern on the island. Here we review existing domestic laws relevant to biodiversity and endangered species protection in Cuba, with a focus on safeguarding sawfish. We offer specific recommendations to …

“Over-Stressed” Vines Produce No Wines, Whereas “Under-Stressed” Vines Mass Produce: Consolidation, Anti-Competition, And The Fall Of The Family Winery, Elyse Gottschalk

University of San Francisco Law Review

No abstract provided.

A Treaty To Flourish: Granting Legal Rights To Critically Endangered Animals, Samantha Heley

University of San Francisco Law Review

No abstract provided.