Environmental Law Commons^™

Sustainability And The Sunlight Of Disclosure: Esg Disclosure In Three Asian Financial Centres, Rachel Phang, Yaru Chia

Research Collection Yong Pung How School Of Law

The prevailing paradigm of sustainable finance places great importance on environmental, social and governance (ESG) information and, therefore, on the mechanism of reporting and disclosure. This article presents, analyses and compares the approaches to ESG disclosure in three Asian financial centres: Singapore, Hong Kong and Shanghai. The article uncovers commonalities and divergences in the drivers, dynamics, content and trends of ESG disclosure in the selected jurisdictions. In doing so, it looks forwards, seeking to anticipate and shape the development of ESG disclosure in Asia. At the same time, it looks beyond ESG disclosure, remaining mindful that the mechanism itself is …

Shaping Green Regionalism: New Trade Law Approaches To Environmental Sustainability, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

Green regionalism aims to mutually reinforce environmental governance and economic integration. The article provides the first analysis of green regionalism in international law. It argues that green regionalism represents a paradigm shift in global normative endeavours towards environmental sustainability. By contextualising three waves of global regionalism, the article unveils the evolving architecture of green regionalism alongside negotiations of the World Trade Organization and multilateral environmental agreements. Moreover, it sheds light on the pertinent disputes and features of new green initiatives galvanised by the European Union, the United States and Asia-Pacific countries. These developments are pivotal in understanding the trade-environment nexus …

Speaking Authorship: Honoring Indigenous Language Sovereignty In Joint Authorship Doctrines, Nancy Fu

Cardozo Law Review

In 2022, the Standing Rock Sioux Tribal Council unanimously voted to banish the Lakota Language Consortium (LLC) and its two European founders from the reservation. The LLC began working with the Tribe in the early 2000s to document the Lakota language and created numerous recordings of Lakota elders, a Lakota dictionary, and many other educational materials. However, the LLC registered those works’ copyrights solely under its own name, so Tribe members must now seek the LLC’s permission to use or access them, which may require payment and may not be granted at all, even for recordings of the requestor’s own …

Conservation Co-Governance As A Cure: Investigating Aotearoa New Zealand's Conservation Co-Governance Model As A Blueprint For Restoring Navajo Sovereignty In Managing Canyon De Chelly, Shana R. Herman

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Mysterious Case Of The Attacks Against The Halifax Public Gardens: The Enclosure Of "Common" Property , Public Access To Nature, And Sustainability In The City, Dr. Sara Gwendolyn Ross

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Better Late Than Never: Climate Displacement And The Case For Expanding Temporary Protected Status, Anna C. Cincotta

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Where's The Beef? The Fifth Circuit's Attempt To Clarify Plant-Based Food Labeling Laws In Turtle Island Foods S.P.C. V. Strain, Andrew J. Kash

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Modern Energizer Bunny - Hopping Into The Nuclear Energy Revolution: The Tenth Circuit's Analysis In New Mexico Ex Rel. Balderas V. U.S. Nuclear Regulatory Commission, Jack A. Mansur

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Leading The Way: The Ninth Circuit Orders Reconsideration Of Lead-Based Paint Hazard Regulations In A Community Voice V. Environmental Protection Agency, Bae-Corine Schulz

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Houston, We Have A Problem: The D.C. Circuit Closes Pathway To National Judicial Review In Sierra Club V. Environmental Protection Agency, Alison O. Moyer

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Fischman Elected To Defenders Of Wildlife Board, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

An environmental law professor at the Indiana University Maurer School of Law has been elected to the board of directors of a national conservation organization dedicated to the protection and restoration of imperiled species and their habitats in North America.

Rob Fischman, the George P. Smith, II Distinguished Professor of Law and an adjunct professor at the O’Neill School of Public and Environmental Affairs, was elected to the Defenders of Wildlife board on Tuesday, May 21.

His teaching, research and service align closely with the organization’s conservation vision of a future where diverse wildlife populations in North America are secure …

Environmental Damage Is A War Crime: Analyzing The Legal Implications Of The Russian Armed Invasion's Environmental Impact On Ukraine, Iryna Rekrut

JCLC Online

As a result of the armed invasion of Ukraine by the Russian

military, Ukraine has suffered extreme environmental damage that

affects both its land and its people. This article explores the

intersection of international law and environmental protection in the

context of armed conflicts, with a specific focus on the Russian armed

invasion of Ukraine. After describing the devastation faced by

Ukraine, this article examines existing frameworks in international

law such as the Rome Statute, the Geneva Conventions, customary

international humanitarian law, and domestic law. This overview

highlights guidelines in these frameworks that render environmental

damage during war impermissible. Despite …

Evaluating Climate Migration Through Discourse Analysis Of International Policy Framework And “El Progreso” Community Blog, Olusola Akanni

Master's Theses

ABSTRACT

Environmental changes are driven by global warming, such as rising temperatures, melting ice, and increased natural disasters which directly affect the living conditions of huma thereby driving migration. This study highlights the inadequacies of current migration management policies as the United States is seeing a significant influx of migrants from Central America. The focus of this discourse analysis is on the role of inadequate policies and the failure of international efforts like the Paris Climate Agreement in addressing the issue of climate-induced migration effectively. Despite the goals set by such international agreements to mitigate the effects of climate change …

6ppd-Q, Tires, And Salmon, Oh My: Policies And Remedies For Tribes In The Acute Mortality Of Coho Salmon In The Puget Sound Region., Meralina Morales

American Indian Law Journal

The pervasive reliance on automobiles within society exacerbates environmental degradation in low-income and communities of color, notably in Native and tribal communities. The leaching of Tread Wear Particles (TWP), including the detrimental 6PPD-quinone (“6PPD-q”), into waterways, significantly impacts aquatic ecosystems. This issue is especially impactful for endangered species, like the coho salmon, that hold profound cultural significance for indigenous tribes in the Pacific Northwest, for example, the Nez Perce Tribe believes that the fate of the salmon and people are linked.[1]

The scientific foundations of 6PPD-q's impact on salmon through bioaccumulation and biomagnification highlights its environmental justice implications. This …

Participation In Paradise?: Indigenous Participation And Environmental Decisionmaking In HawaiʻI, Lindsay Peterson

American Indian Law Journal

No abstract provided.

Digital Allotment And Vanishing Indians: Idsov And Llms, Sam Mcveety

American Indian Law Journal

No abstract provided.

How Redistricting Affects Native Representation: The Turtle Mountain Band Of Chippewa, Ryland Mahre

American Indian Law Journal

No abstract provided.

Esg Implementation In Emerging & Frontier Markets: Lessons Cultivated From Sri Lanka And Beyond, Ahmed Qaisi

University of Miami Business Law Review

Crippling debt accrued within emerging and frontier market nations forces developing governments to enact policies contrary to the well-being of their overall economies. The influence of credit rating agencies as well as organizations like the World Bank and the International Monetary Fund (“IMF”) have handcuffed governments into implementing Environmental, Social, and Governance (“ESG”) policies that are unrealistic and unfeasible and have therefore caused detrimental societal impacts. This note examines how the application of ESG policies and governmental corruption resulted in Sri Lanka’s devastating economic collapse. Also scrutinized are those countries which have taken on debt but have managed well throughout …

Protecting The Environment In Times Of Armed Conflict: The 2023 Elisabeth Haub Award For Environmental Law And Diplomacy Transcript, Nicholas Robinson

Pace Environmental Law Review

2023 Elisabeth Haub Award for Environmental Law and Diplomacy honoring Ambassador Marja Lehto of Finland and Former Ambassador Marie Jacobsson of Sweden for their pivotal roles advancing environmental law and policy to protect the environment in times of armed conflict.

When It Rains, It Pours: Weather Modification Law In The United States And A Proposal For Federal Control, Brendan Woodruff

Pace Environmental Law Review

Though weather modification has been used as a strategy to address issues such as drought throughout history, there continues to be a lack of federal regulation addressing weather modification. This Note surveys state regulations on weather modification and examines the current status of how the federal government addresses weather modification. Ultimately, this Note makes the case for why the Department of the Interior should take on the federal regulation of weather modification.

Protecting Public Land From Trespass: Why The Six-Year Statute Of Limitations In 28 U.S.C. § 2415(B) Is Appropriate For All Trespass Cases On Federal Land, Zach Fader

Pace Environmental Law Review

The United States has the authority to bring claims for trespass on federal land under the statutes of the state in which the trespass occurs. Many states have statutes that codify and often alter the elements of common law trespass while also providing for double or treble damages. Thus, in cases of trespass on federal lands, the government is incentivized to bring claims under state trespass statutes. Doing so adds an alternate theory of liability and maximizes the opportunity to recover adequate damages. 28 U.S.C. § 2415(b), in part, sets a six-year statute of limitations for when the United States …

Fighting Climate Gentrification In The Courts, Samantha Blend

Pace Environmental Law Review

Climate gentrification, a specific type of gentrification that occurs when the impacts of climate change displace lower-income communities, will likely increase in severity as climate change worsens. While policies such as inclusionary zoning may be the most efficient way to combat climate gentrification, litigation can fill gaps that may arise in such policies. This Note examines potential causes of action for climate gentrification litigation and their likelihood of success. Based on an examination of the different causes of action and their likelihood of success, this Note concludes that climate gentrification litigation can help legitimize the issue of climate gentrification and …

The Oberlin Saga: Integrating North America’S Pipeline System And Potential Impacts On Hydrogen, Samuel Stephens

University of Miami Inter-American Law Review

This Article explores how the D.C. Circuit’s decision in City of Oberlin, Ohio v. FERC (2022) (Oberlin II) will impact future natural gas pipelines and potentially even future hydrogen infrastructure. While the decision reinforced support for integrating North American natural gas infrastructure, given uncertainties in how the United States will regulate the emerging hydrogen industry, there is a chance that the decision could be more expansive than what initially meets the eye. By continuing down the path of supporting North American energy integration, Congress, federal courts, and administrative agencies will help prepare the United States for an uncertain energy future. …

Lustre Oil Co., Llc V. Anadarko Minerals, Inc., Ayden D. Auer

Public Land & Resources Law Review

The Montana Supreme Court held a limited liability company owned by the Assiniboine and Sioux Tribes was not protected against a quiet title action by sovereign immunity.

Sacramento Suburban Water District V. 3m Co., Loui E. Amos

Public Land & Resources Law Review

Per- and polyfluoroalkyl substances (“PFAS”), popularly known as “forever chemicals,” have seeped into drinking water supplies across the country. Almost all Americans have an accumulation of these substances in their blood, creating serious health risks. This exposure has created a vast unknown liability for the manufacture of these chemicals. But who should pay for the remediation of the water supply and the health effects of PFAS exposure? Mass toxic tort litigation has become ineffective, with jurisdictional hurdles and defendants’ creative techniques to sidestep judgments, such as corporate bankruptcy strategies. This ineffectiveness demonstrates the need for a long-term strategy comprising legislative …

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 …

America's Next Top Ej Model: Assessing The Role Of Food Access In Environmental Justice Models, Allyson Barry

Department of Environmental Studies: Undergraduate Student Theses

Disruptions to weather patterns and ecosystems due to climate change are a global challenge. However, previous research has found that communities of color, traditionally underprivileged communities, and socioeconomically disadvantaged communities are disproportionately burdened with adverse health outcomes, higher propensities of exposure to weather disasters and pollution, and well-being inequalities. The field of environmental justice (EJ) seeks to eliminate such disparities through environmental laws, regulations, and policies. Published in 2022, the Centers for Disease Control and Prevention (CDC) and the Agency for Toxic Substances and Disease Registry (ATSDR) formulated the Environmental Justice Index (EJI) as a data tool to identify communities …

Esg, Sustainability Disclosure, And Institutional Investor Stewardship, Giovanni Strampelli

Washington and Lee Law Review Online

This Article sheds new light on the link between sustainability disclosure and institutional investors’ stewardship activities aimed at promoting improvements in the ESG performance of investee companies. On the one hand, sustainability disclosure is one of the information elements that may be relevant to institutional investors’ stewardship activities. On the other hand, improving the quality of sustainability reports provided by investee companies is often the ultimate goal of investor engagement initiatives. The role of climate and social disclosure is problematic from both perspectives. First, institutional investors, especially those with broadly diversified portfolios, are unable to use sustainability information directly and …

(The Act Of) God’S Not Dead: Reforming The Act Of God Defense In The Face Of Anthropogenic Climate Change, Zachary David Fechter

Texas A&M Law Review

Natural phenomena like floods, droughts, and blizzards have a long history of causing damage. But these natural phenomena are now more frequent, intense, and therefore, foreseeable because of anthropogenic, or human-caused, climate change. Owing in part to the greater foreseeability of natural phenomena like weather, scholars believe the act of God defense—which excepts actors from liability when an unforeseeable and irresistible natural phenomenon is the proximate cause of damage—may be dead. Other scholars go further and argue the act of God defense should be dead, as corporate defendants can use it to evade liability even when their acts causally contribute …

Turning Point: Green Industrial Policy And The Future Of U.S. Climate Action, Daniel A. Farber

Texas A&M Law Review

In the first two years of the Biden presidency, Congress passed three massive funding bills, which poured hundreds of billions of dollars into clean energy infrastructure, research and development, and deployment of clean energy. Although these bills are not what lawyers are accustomed to thinking of as “environmental law,” they have the potential to launch a transformation of the energy sector. This development could not have come at a better time, given the Supreme Court’s increasingly skeptical attitude toward federal regulation.

Although the direct effect of these laws will be dramatic, this Article focuses on positive feedback loops that will …