Environmental Law Commons^™

Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell

Seattle University Law Review

Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …

Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous

Seattle University Law Review

Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …

Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King

Seattle University Law Review

The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …

Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young

Seattle University Law Review

Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …

Criminalizing Environmental Defenders In Indonesia’S Extractive Development: A Green Criminology Perspective, Raihan Muhammad

Jurnal Kriminologi Indonesia

This article examines how extractive development in Indonesia contributes to the criminalization of environmental defenders from a green criminology perspective. The study departs from the growing trend of intimidation, criminalization, violence, and legal retaliation experienced by communities resisting environmentally destructive projects in mining, coastal reclamation, plantation expansion, and National Strategic Projects (PSN). Using a qualitative socio-legal approach, this research analyzes statutory regulations, policy instruments, court decisions, academic literature, civil society reports, and documented cases related to environmental conflicts and environmental defenders in Indonesia. Data were collected through a literature review and document analysis, then analyzed using qualitative content analysis within …

Environmental Ethics And Impact Of Artificial Intelligence Data Centers, Jacky Yang

Discovery Day - Daytona Beach

Data centers, including artificial intelligence (AI) facilities, serve as the backbone for many modern digital services and products. With the rapid digitization of society, the expansion of these centers in the United States has accelerated significantly. From an anthropocentric and utilitarian perspective, they provide economic benefits, supporting employment and generating public revenue. However, they can also create a significant amount of environmental and societal challenges. From an ecocentric and environmental justice perspective, AI data centers has contributed to increased competition for the limited resources, such as water, electricity, and land and has been linked to rising utility costs, noise pollution, …

Summary Report: Second Conference On Attribution Science And Climate Law, Jessica A. Wentz

Sabin Center for Climate Change Law

The Sabin Center for Climate Change Law and the Columbia Climate School hosted the Second Conference on Attribution Science and Climate Law at Columbia University on June 10–11, 2026. This event brought together an interdisciplinary group of researchers and practitioners to discuss recent developments in attribution science and the field’s relevance to climate law and policy. Participants included physical scientists, public health researchers, economists, social scientists, legal scholars, advocates, and policy experts. This report provides a written summary of the conference proceedings.

Sabin Center For Climate Change Law Annual Report 2025-2026, Tiffany Challe

Sabin Center for Climate Change Law

Over the past year, the Sabin Center continued to translate complex legal and scientific questions into practical tools that advance climate action and climate justice across climate litigation, renewable energy, local climate action, model climate laws, carbon management and greenhouse gas removal, climate law and science, and climate and business law.

Explore our 2025–2026 Annual Report to see the research, engagement, and impact behind the numbers — and what’s ahead.

Legitimacy, Legality, And Canadian Climate Laws, Adebayo Majekolagbe

Dalhousie Law Journal

In 2021, the Supreme Court of Canada, in the References re Greenhouse Gas Pollution Pricing Act, confirmed that global climate change is real, human activities are the main cause, and climate impacts will be especially severe and devastating in Canada. Against this backdrop, the Court upheld the federal government's authority to set a nationwide minimum standard for the stringency of greenhouse gas pricing. Years after the Court endorsed the GGPPA, the legislation and its carbon pricing policy have struggled to gain legitimacy, meaning the acceptance and support of Canadians. In 2025, the carbon charge component of the law was suspended, …

Data Centers Face Volatile Regulatory Landscape, Michael B. Gerrard

Sabin Center for Climate Change Law

The construction of new data centers for artificial intelligence has become a major engine of the U.S. economy. More than 700 data centers are now under construction across 40 states, with many more to come.

These are typically multi-billion-dollar projects. This boom is facing growing public opposition, which has led to an extremely volatile regulatory land-scape, especially at the state and local levels. That landscape is the subject of this article. This volatility has raised the cost of capital for data centers and led to the cancellation of many, and to heightened due diligence by lenders and others.

Transnational Indigenous Environmental Justice: A Distant Comparative Study Of Nepali And U.S. Environmental Policies And Counter-Archives In Technical Communication, Shankar Paudel

Open Access Theses & Dissertations

This dissertation investigates how institutional communication, state bureaucracy, and Indigenous sovereignty intersect within Rhetoric and Writing Studies (RWS) and Technical and Professional Communication (TPC). Current TPC research increasingly focuses on social justice; however, the field still lacks ethical frameworks to deal with the complicated dynamics of transnational Indigenous Environmental Justice Communication (IEJC). This study addresses this gap by examining how two distinct Indigenous communities - the Tharus of Chitwan, Nepal, and the Ysleta del Sur Pueblo Tigua Indians of El Paso, Texas - communicatively navigate, contest, and resist state environmental policies.

Grounded in decolonial Distant Comparativism, Mestiza Consciousness, Rhetoric of …

Teaching Old Statutes New Tricks: Towards Equitable Participation In Transportation Act Section 4(F) And Nhpa Section 106, Laura Mott

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Acting Under Scrutiny: The Limits Of Federal-Officer Removal In Attorney General Of New Jersey V. Dow Chemical Company, Justin W. Berge

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Drawing A Line In The Mud: The Fifth Circuit's Narrow Reading Of Louisiana's Infrastructure Trespass Statute In White Hat V. Murrill, Andrew J. Lloyd

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Pounding At The Door: The First Circuit Denies Asylum In The First Case On Climate Refugees In Cruz Galicia V. Garland, Marissa O. Wong

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Dishwashers And Dicta: The Fifth Circuit's Not-So-Quiet Attack On Doe Authority In Louisiana V. United States Department Of Energy, Robert G. Torpey

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Environnement Et Droit Agraire Au Liban, Ibrahim Najjar

Proche-Orient, Études juridiques

No abstract provided.

Sample Article, Rhea Viewer

Journal of Environmental & Energy Law

This is my abstract.

"Tac-Ing" On Coherence: Achieving Sustainable Baltic Sea Fisheries Management By Hooking Precautionary Science And Greater Transparency In Eu Total Catch Negotiations, Patrick Seroogy

Ocean and Coastal Law Journal

This article argues that what makes the difference in success between these two regimes is how strictly the scientific advice underlying catch limits the advice is adhered to, and the influences allowed unto decisionmakers in the catch limit negotiation process. Whereas the United States uses the scientific advice about the MSY as a strict upper limit in determining annual catch limits, the EU does not. This allows stakeholders in the EU’s CFP governance, in particular fishing industry actors, to influence regulators to raise TACs above adequately precautionary levels in the name of “balancing” sustainable fishing with short-term economic interests. The …

Alaska's Hidden Gems: Advocating For The Protection Of Deep-Sea Corals, Both In The Courtroom And Beyond, Lauren Beizer

Ocean and Coastal Law Journal

Coral reefs are ecologically, financially, and aesthetically one of the world’s greatest resources. Off the coast of Alaska, many unique species of deep-sea cold-water corals exist and provide various public health benefits, contribute vital ecosystem functions to their surrounding environment, and serve as economic tourist attractions. Alaska’s corals reefs are exceedingly valuable to the earth due to their overall ecological value. However, these unique coral species significantly lack state and federal protections–which have recently been under consideration in several lawsuits at the federal level. American Oceans Campaign v. Daley and Oceana, Inc. v. National Marine Fisheries Service et al., are …

From Vulnerability To Justice: Reframing Indigenous Disaster Recovery Through A Human Rights-Based Lens, Portia Ozioma Chigbu

Notre Dame Journal of International & Comparative Law

Indigenous populations regard their cultural identity as central to their way of life, and their traditional lifestyles often place them in remote areas, isolating them from mainstream society. This isolation creates a unique set of human rights challenges, such as limited access to healthcare, restricted political representation, housing insecurity, and poor living conditions, making them especially vulnerable compared to other groups. In the context of climate change and the rising frequency of natural disasters worldwide, these vulnerabilities become more protracted and intensified. Since Indigenous populations already face structural disadvantages before disasters strike, such events deepen their vulnerabilities, increase their risk …

Trial By Fire: Disaster Justice And Lessons Learned, Clifford Villa

Faculty Scholarship

Disaster Justice reflects the intersection of environmental justice and disaster law. The study of disaster justice is becoming increasingly essential as disasters become more frequent and devastating in the face of accelerating climate change. Disaster law is marked by statutes such as the federal Stafford Act and by theory such as the “disaster cycle” of readiness, response, and recovery. Environmental justice recognizes that the distribution of harms such as bad air or water quality may be distributed inequitably among groups such as low-income populations or racial minorities. In similar fashion, the adverse impacts of disasters may also be distributed inequitably …

Private Health Governance And The Environment, Lauren R. Roth, Ethan Thorpe

Elisabeth Haub School of Law Faculty Publications

The U.S. Environmental Protection Agency recently announced it will no longer quantify harm to human health when evaluating pollution regulations, although it will continue to quantify compliance costs to private firms. At the same time, the healthcare sector has emerged as one of the nation's largest sources of environmental pollution, harming the health of communities it seeks to protect. Private actors in other industries have taken steps to reduce their environmental footprint without regulation, yet in healthcare private governance remains weak. This Article argues that stagnant public governance creates a unique opportunity to unify private environmental and health standards. Drawing …

Agri‑Photovoltaics In Poland’S Energy Transition – Untapped Potential?, Marcin Gronowski

Studia i Materiały Wydział Zarządzania Uniwersytet Warszawski

Objective: The aim of this study is to identify and assess the legal barriers hindering the implementation of agrovoltaics as a technology that enables the dual use of agricultural land for electricity generation whilst maintaining agricultural production, and thereby to identify the legislative changes required to unlock its transformative potential. The objective set takes into account the feasibility of implementing energy policy in the area of photovoltaic development, whilst balancing the need to protect agricultural land and the principle of sustainable development.

Methodology: The analysis was conducted using dogmatic and legal‑theoretical methods for the interpretation of legal norms, as well …

From Chainsaws To Courtrooms: Corporate Climate Litigation And Deforestation In Brazil, Maria Antonia Tigre, Mariana Barbosa Cirne

Sabin Center for Climate Change Law

Corporate climate litigation has emerged as one of the most dynamic and high profile tools for addressing the private sector’s role in the climate crisis. While much of the scholarship and public debate has centered on cases in the United States and Europe, litigation targeting corporations in the Global South — particularly Brazil — has grown rapidly, both in volume and significance. Brazil now ranks among the world’s top jurisdictions for corporate climate damage claims. These suits have pioneered methods for quantifying climate damages, often from illegal deforestation, and have tested the reach of the civil liability regime in novel …

State Policy And Regulatory Approaches To Sustainable Aviation Fuel Across The United States, Somtochukwu Attamah, Mary Johnson, Lara Fowler, Michael D. Helbing

Faculty Scholarship

Sustainable Aviation Fuel (SAF) represents a critical lever for achieving near-term decarbonization of the aviation industry. SAF can be manufactured for “drop-in” use in existing aircraft and fueling systems, allowing manufacturers to achieve lifecycle greenhouse gas (GHG) savings relative to standard jet fuel. However, U.S. policy is still disjointed: federal incentives are accompanied by diffuse state efforts, which means uneven market-based feedback and investment risk. After outlining the federal policy context, this Article conducts a comparative analysis of SAF-related policy frameworks across the fifty states. This includes a variety of government solutions offered in the form of enacted and proposed …

An Analysis Of Gender-Inclusive Dimensions In Climate Change Policy Frameworks In Zambia, Mwelwa Kunda

Southern African Journal of Policy and Development

Effective climate policy must recognise how men and women differently contribute to, and benefit from, resilience efforts, as this strengthens gender equity and the sustainability of adaptation measures. This study examines the extent to which Zambia’s climate change policy framework integrates gender considerations and translates them into actionable commitments. Using the Vulnerability-to-Resilience framework, it conducts qualitative content analysis of 14 national policies, plans, and strategies spanning climate change, gender, energy, agriculture, forestry, water, and disaster management. A structured coding framework assesses gender inclusion, implementation and enforcement mechanisms, recognition of gendered climate impacts, and identified challenges and opportunities. Code frequencies and …

Insurgent Until Proven Innocent: Land, Power, And The Right To Defend Rights, Kelsey Jost-Creegan

Michigan Journal of International Law

As the climate crisis intensifies, advocates worldwide have stood up to defend their communities, territories, and environment. In response, they have faced violent retaliation. This repression persists despite evolving international, regional, and national-level legal frameworks around the “right to defend rights” and the “right to protection.” This article begins by providing a comprehensive overview of this evolving legal landscape. Against this backdrop, the article examines the tactics and architectures of violence used to repress land and environmental defenders through the lens of counterinsurgency theory.

The article proposes a typology of counterinsurgent violence including: surveillance; stigmatization; criminalization; arbitrary detention; infiltration; cooptation; …

Can The Epa Withdraw The Endangerment Finding?, Jonathan Adler

Faculty Publications

The Trump administration has made repeal of the Environmental Protection Agency’s “endangerment finding” on greenhouse gases the centerpiece of its environmental deregulation agenda. “We are driving a dagger straight into the heart of the climate change religion to drive down cost of living for American families, unleash American energy, bring auto jobs back to the US, and more,” proclaimed EPA Administrator Lee Zeldin when announcing the agency’s plan to reconsider the finding in March 2025. Since then, the agency has followed through, pushing endangerment finding repeal ahead of other, more traditional, deregulatory efforts. While politically popular with parts of President …

An Abundant Lack Of Introspection, Jonathan Adler

Faculty Publications

In this review Jonathan Adler critiques Abundance authors Klein and Thompson's analysis of how regulation is holding back progress in decarbonization, America's housing supply crisis, and innovation. While agreeing with the authors' assessment that regulation policy is hampering efforts in these areas, Adler objects to the book's proposals for improving regulatory bottlenecks, arguing the authors of Abundance refuse to acknowledge the role of market institutions in creating abundant supply or to admit the fault in their assumption that the failures of centralized government decision making can be repaired while maintaining centralized government decision making.

This abstract has been constructed from …