Open Access. Powered by Scholars. Published by Universities.®

Environmental Law Commons

Open Access. Powered by Scholars. Published by Universities.®

17,250 Full-Text Articles 12,536 Authors 7,504,690 Downloads 213 Institutions

All Articles in Environmental Law

Faceted Search

17,250 full-text articles. Page 1 of 449.

Impact Assessment And Responsible Business Conduct Tools In The Extractive Sector: An Environmental Human Rights Toolbox For Government, Business, Civil Society, And Indigenous Groups, Sara L. Seck, Charlotte Connolly, Penelope Simons, Audrey Axten 2022 Dalhousie University Schulich School of Law

Impact Assessment And Responsible Business Conduct Tools In The Extractive Sector: An Environmental Human Rights Toolbox For Government, Business, Civil Society, And Indigenous Groups, Sara L. Seck, Charlotte Connolly, Penelope Simons, Audrey Axten

Responsible Business Conduct and Impact Assessment Law

This toolbox provides guidance on how governments, businesses, civil society, and Indigenous groups may encourage and adopt a human rights approach to impact assessment (IA). It forms part of a broader research project aimed at highlighting the interrelationship between IA laws and Responsible Business Conduct (RBC) tools, funded by the Social Sciences & Humanities Research Council (SSHRC) Knowledge Synthesis Grant: Informing Best Practices in Environmental & Impact Assessments (the “KSG”).


The Role Of Esg Rating Agencies And Market Efficiency In Europe’S Climate Policy, Ebbe Rogge, Lara Ohnesorge 2022 University of California, Hastings College of the Law

The Role Of Esg Rating Agencies And Market Efficiency In Europe’S Climate Policy, Ebbe Rogge, Lara Ohnesorge

Hastings Environmental Law Journal

The European Union (“EU”) set out an ambitious policy agenda to reduce its impact on climate change. Although the popular image is that economic growth and sustainability are practically incompatible, this policy agenda includes measures enabling reallocation of investment towards sustainable projects and companies. This paper posits that, by adopting measures requiring the disclosure of non-financial and in particular Environmental, Social, and Governance (“ESG”) information, EU policy relies on market efficiency to ensure the desired reallocation of investment.

In order for this market efficiency approach to work properly, non-financial information must be accessible, comparable, and verified. This creates a new ...


Using Federal Power To Compel Fire Prevention And Address Growing Property Insurance Issues In Wildland-Urban Interface, Brandon A. Prince 2022 University of California, Hastings College of the Law

Using Federal Power To Compel Fire Prevention And Address Growing Property Insurance Issues In Wildland-Urban Interface, Brandon A. Prince

Hastings Environmental Law Journal

The Western United States continues to experience devastating wildfire seasons. These severe disasters worsen as climate change lengthens periods of aridity and hotter temperatures. Despite this longstanding and well-documented forecast, wildland-urban interface (“WUI”) development has continued without much restriction over the past thirty years. Insurers who once issued policies in these western WUI regions now experience substantial losses on an annual basis and are reconsidering their approach to market participation in fire-prone areas. In areas with acute fire destruction like California, insurers’ resulting rate increases and non-renewals have forced state government intervention to protect property owners. This tension is emblematic ...


Green Bonds: Reforming Esg Regulation In The United States To Meet The Requisite Funding Demand For A Decarbonized Economy, Bryant Rivera 2022 University of California, Hastings College of the Law

Green Bonds: Reforming Esg Regulation In The United States To Meet The Requisite Funding Demand For A Decarbonized Economy, Bryant Rivera

Hastings Environmental Law Journal

At the 2021 United Nations Climate Change Conference (“COP26”) in Glasgow, nations around the world reaffirmed their international commitment to limit average global temperature increases by the end of the century to 1.5 degrees Celsius. This international effort will require a significant amount of funding, one that will demand a substantial restructuring of the U.S. financial market towards a carbon neutral economy. In recent years, green bonds have emerged as the leading financial instrument to finance environmental projects and initiatives. Although the market has seen unprecedented growth, it is nevertheless inhibited by its lack of regulatory structure, with ...


Violations Of The Eighth Amendment: How Climate Change Is Creating Cruel And Unusual Punishment, Robert Pistone 2022 University of California, Hastings College of the Law

Violations Of The Eighth Amendment: How Climate Change Is Creating Cruel And Unusual Punishment, Robert Pistone

Hastings Environmental Law Journal

As climate change continues to threaten human life on Earth, greenhouse gas emissions are causing more frequent record-setting temperatures and natural disasters. If the current United States prison system does not take steps to address how climate change is affecting the quality of life of its inmates, then imprisonment will be considered cruel and unusual punishment in the near future. In fact, in light of climate change, there is a strong argument that the current treatment of prisoners is already cruel and unusual punishment when other factors are taken into account. This paper focuses on the standards of what conditions ...


Radical Legal Change: Moving Toward Earth Law, Tara Pierce 2022 University of California, Hastings College of the Law

Radical Legal Change: Moving Toward Earth Law, Tara Pierce

Hastings Environmental Law Journal

This paper will examine the required paradigm shift in socio-legal philosophical thinking and the shared values between the Public Trust Doctrine and Earth Law. These legal frameworks were born from different social narratives, which greatly impacted their ability to serve the public and the Earth Community. Exploring each legal framework’s origins and current practice will illuminate how the Public Trust Doctrine can bridge the gap between Western legal systems toward Earth Law—a holistic approach to justice in the context of history, society, ecology, and humanity’s relationship with our planet. Earth Law focuses on the roles of beings ...


Removing Carbon Dioxide Through Ocean Fertilization: Legal Challenges And Opportunities, Korey Silverman-Roati, Romany M. Webb, Michael Gerrard 2022 Columbia Law School, Sabin Center for Climate Change Law

Removing Carbon Dioxide Through Ocean Fertilization: Legal Challenges And Opportunities, Korey Silverman-Roati, Romany M. Webb, Michael Gerrard

Faculty Scholarship

Carbon dioxide removal (“CDR”) will be needed, alongside deep emissions cuts, to achieve global temperature goals. According to a 2022 report by the Intergovernmental Panel on Climate Change, to keep global average temperatures within 1.5°C above preindustrial levels, carbon dioxide and other greenhouse gas emissions must reach net-zero by mid-century. Scientists have proposed a number of land- and ocean-based CDR techniques. This paper focuses on ocean fertilization, which involves adding iron or other nutrients to the ocean to stimulate the growth of phytoplankton that uptake carbon dioxide and convert it into organic carbon. The hope is that the ...


Treaty-Based Climate Change Claims: Litigation Pathways In The Face Of Cultural Devastation, Kirsten D. Gerbatsch 2022 University of Montana

Treaty-Based Climate Change Claims: Litigation Pathways In The Face Of Cultural Devastation, Kirsten D. Gerbatsch

Public Land & Resources Law Review

No abstract provided.


Do It For The Kids: Protecting Future Generations From Climate Change Impacts And Future Pandemics In Maryland Using An Environmental Rights Amendment, Johanna Adashek 2022 University of Montana

Do It For The Kids: Protecting Future Generations From Climate Change Impacts And Future Pandemics In Maryland Using An Environmental Rights Amendment, Johanna Adashek

Public Land & Resources Law Review

No abstract provided.


Youth And Indigenous Voices In Climate Justice: Leveraging Best Practices From U.S. And Canadian Litigation, Randall S. Abate 2022 University of Montana

Youth And Indigenous Voices In Climate Justice: Leveraging Best Practices From U.S. And Canadian Litigation, Randall S. Abate

Public Land & Resources Law Review

No abstract provided.


Water Justice Under The Big Sky: Locating A Human Right To Water In Montana Law, Abigail R. Brown 2022 University of Montana

Water Justice Under The Big Sky: Locating A Human Right To Water In Montana Law, Abigail R. Brown

Public Land & Resources Law Review

No abstract provided.


A Judicial Duty: Interpreting And Enforcing Montanans' Inalienable Right To A Clean And Healthful Environment, Nate Bellinger, Roger Sullivan 2022 University of Montana

A Judicial Duty: Interpreting And Enforcing Montanans' Inalienable Right To A Clean And Healthful Environment, Nate Bellinger, Roger Sullivan

Public Land & Resources Law Review

No abstract provided.


Letter To The Reader, 2022 University of Montana

Letter To The Reader

Public Land & Resources Law Review

No abstract provided.


Table Of Contents, 2022 University of Montana

Table Of Contents

Public Land & Resources Law Review

No abstract provided.


Editors And Staff Members, 2022 University of Montana

Editors And Staff Members

Public Land & Resources Law Review

No abstract provided.


Legal Rights For Rivers, Katie O'Bryan 2022 Monash University, Australia

Legal Rights For Rivers, Katie O'Bryan

Georgia Journal of International & Comparative Law

No abstract provided.


"In Countless Ways And On An Unprecedented Scale": Reflections On The Stockholm Declaration At 50, Rebecca Bratspies 2022 CUNY School of Law

"In Countless Ways And On An Unprecedented Scale": Reflections On The Stockholm Declaration At 50, Rebecca Bratspies

Georgia Journal of International & Comparative Law

No abstract provided.


Conference: The 1972 Stockholm Declaration At Fifty: Reflecting On A Half-Century Of International Environmental Law / International Environmental Law At Its Semicentennial: The Stockholm Legacy / Hosted By The Dean Rusk International Law Center And The Georgia Journal Of International And Comparative Law On October 8, 2021 In Athens, Georgia And Online, Melissa J. Durkee 2022 University of Georgia School of Law

Conference: The 1972 Stockholm Declaration At Fifty: Reflecting On A Half-Century Of International Environmental Law / International Environmental Law At Its Semicentennial: The Stockholm Legacy / Hosted By The Dean Rusk International Law Center And The Georgia Journal Of International And Comparative Law On October 8, 2021 In Athens, Georgia And Online, Melissa J. Durkee

Georgia Journal of International & Comparative Law

No abstract provided.


More Than The Daily Catch: How Regulating The Fishing Industry Can Help Keep Plastics From The Ocean, Katherine Payne 2022 University of Georgia School of Law

More Than The Daily Catch: How Regulating The Fishing Industry Can Help Keep Plastics From The Ocean, Katherine Payne

Georgia Journal of International & Comparative Law

No abstract provided.


Case Law On American Indians, Thomas P. Schlosser 2022 Seattle University School of Law

Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


Digital Commons powered by bepress