Environmental Law Commons^™

Symposium Transcript

Richmond Public Interest Law Review

No abstract provided.

On The Horns Of A Dilemma: Climate Adaption And Legal Profession, Mark S. Davis

Richmond Public Interest Law Review

Few aspects of life will be spared disruptions attributed to climate change,

but those disruptions will not be evenly distributed or borne. While much

attention is being given to large-scale plans and programs aimed at effectively

and equitably coping with those disruptions, the fact is the burdens and

responsibility of planning and acting are falling mostly on individual families,

businesses, and communities. Those with access to resources and professional

assistance, specifically legal services, will stand a better chance of

adapting and prospering. Those without will likely fare worse—and already

are. In order to get better and more equitable outcomes, it …

Cle Working Paper No. 2/2022--Mexican Salsa And Mexican Farm Workers: How International Agricultural Development Marginalizes Farm Labour, Celia White

Centre for Law and the Environment

International food systems have become ever-more complex through systems of globalization, industrialization and technologization, and have been significantly influenced by, and entrenched in concepts of international development. One small meal can have countless intersections with international laws, domestic laws, environments and people. A simple salsa recipe, for example, containing merely tomatoes, lime juice, garlic, onions, and cilantro, contains in its history a complex story of power, privilege, poverty and possibility. Where did these ingredients come from? Who grew them? Where are those people from? What rights do they have? Innumerable personal stories are hidden within the seemingly innocuous act of …

The Rise Of Critical Infrastructure Protest Legislation And Its Implications For Radical Climate Activism, Nick Crockett

Colorado Environmental Law Journal

No abstract provided.

The Clean Energy Dilemma: How The Push For Clean Energy Could Threaten Indigenous Communities And An Exploration Of Potential Alternatives, Laura Berglan, Blaine Miller-Mcfeeley, Andrea Folds, Earthjustice

Colorado Environmental Law Journal

No abstract provided.

Federal Vs. State Jurisdiction Over Net Metering Rates, Patrick Witterschein

Colorado Environmental Law Journal

No abstract provided.

Agricultural Carbon: The Land, Landowner, And Farmer, Barclay Rogers

Journal of Food Law & Policy

Carbon is certainly a hot topic in agriculture. Across the countryside, farmers, landowners, agricultural service providers, and many others are trying to understand what carbon is about and what it may mean to them. One of the more interesting topics around agricultural carbon concerns the relationship between the landowner and tenant farmers on absentee-owned land (i.e., land that is farmed by someone other than the person who owns it). This article provides a brief background on the agricultural carbon opportunity and explores some ideas about how to pursue the opportunity on absentee-owned farmland.

Incorporating Climate Change In Nepa Reviews: Recommendations For Reform, Michael Burger, Romany M. Webb, Jessica A. Wentz

Sabin Center for Climate Change Law

The National Environmental Policy Act (“NEPA”) requires federal agencies to conduct an environmental review prior to moving ahead with any major federal project, plan, or program that could significantly affect the environment. As part of the environmental review, agencies must share information with, and solicit feedback from, the public. The goal is to improve federal decision-making by ensuring that agencies take a hard look at the environmental effects of their actions and fully inform the public about those effects.

In guidance issued in 2016, the Council on Environmental Quality (“CEQ”)—the federal body charged with implementing NEPA—identified climate change as a …

Helping New Jersey State Agencies And Departments Align Their Actions With Ghg Reduction Mandates And Environmental Justice Principles, Jennifer Danis, Zoe Makoul

Sabin Center for Climate Change Law

This white paper analyzes New Jersey’s implementation gap in both the climate and justice space. Its findings are potentially applicable to the many other states who have set climate and justice goals, without robustly embedding them into their existing legal and administrative landscapes. New Jersey already has GHG reduction targets, a plan, and mapped pathways. While more aggressive tactics and targets may be required to meet evolving scientific knowledge, and cost-effective technology and markets will evolve over time, New Jersey’s climate-alignment tools and pathways are clear. The EMP, the 2020 GWRA 80x50 Report, and EO-274, among other strong state initiatives, …

The Albany Answers Plant Incinerator : Environmental Justice And Slow Violence At The New York State Capital, Matthew D. Saddlemire

Legacy Theses & Dissertations (2009 - 2024)

The ANSWERS plant and its impact on the residents of Sheridan Hollow has recently been accepted by many as a case of environmental injustice. Simply looking at the benefits and burdens of environmental processes shows clearly that the primarily black community faced most of the health burdens that came from waste in the capital region, while white residential areas who sent their trash to ANSWERS faced minimal risk. The state benefitted from energy production, which was used to heat and cool the Empire State Plaza, the Alfred E. Smith State Office Building, the state Education Building and New York State …

Environmental Law, Travis M. Trimble

Mercer Law Review

In 2021, the United States District Court for the Southern District of Alabama, in an issue of first impression, concluded that the United States is not a “person” under the contribution provision of the Oil Pollution Act (OPA), and therefore the provision did not waive the sovereign immunity of the United States. For this and other reasons a plaintiff could not recover in contribution from the United States for the plaintiff’s costs of cleaning up an oil spill, even where the plaintiff alleged the spill was the result of the sole negligence of the United States. The United States District …

Patents And Plants: Rethinking The Role Of International Law In Relation To The Appropriation Of Traditional Knowledge Of The Uses Of Plants (Tkup), Ikechi Mgbeoji

PhD Dissertations

Legal control and ownership of plants and traditional knowledge of the uses of plants (TKUP) is often a vexed issue, particularly at the international level because of the conflicting interests of states or groups of states in the matter. The most widely used form of juridical control of plants and TKUP is the patent system which originated in Europe. This thesis rethinks the role of international law and legal concepts, the major patent systems of the world and international agricultural research institutions as they affect legal ownership and control of plants and TKUP. The analysis is cast in various contexts …

Table Of Contents, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.

Securitization Of Coal Plant Retirements: Implications For Just Energy Transitions, Ann M. Eisenberg, Emily Winston

Colorado Environmental Law Journal

No abstract provided.

The (Un)Just Use Of Transition Minerals: How Efforts To Achieve A Low-Carbon Economy Continue To Violate Indigenous Rights, Kate R. Finn, Christina A.W. Stanton

Colorado Environmental Law Journal

No abstract provided.

Community Choice Aggregators, Biomass Energy, And California's Just Transition: A Case Study Of Ab 843 And Responsible Biomass Procurement Principles, Shalini Swaroop Esq., Alexandrea Mcgee

Colorado Environmental Law Journal

No abstract provided.

The Legality Of The European Union’S Carbon Border Adjustment Mechanism And The Limitations Of World Trade Organization Rules On Effective Climate Action, Delaney Smith

Honors Theses

In July 2021, the European Union proposed the creation of a carbon border adjustment mechanism, a trade mechanism that would levy a carbon price against imported goods. This mechanism, the first of its kind, has the potential to address weaknesses in the EU’s existing domestic cap and trade system and create a financial incentive for other nations to reduce their carbon emissions. However, legal experts have raised concerns that this mechanism may violate the rules of the World Trade Organization. If another member state raises a complaint against the measure, the European Union will be forced to navigate the World …

Transcript, Zulene Mayfield, Carol Kazeem, Kearni Warren, Kyle Powis Whyte, Ana Baptista, Jacqui Patterson, Dorcas Gilmore

Panel III: Moving Forward

No abstract provided.

Transcript, Zulene Mayfield, Will Jones, Tyler White, Chantal Reyes, Maria Lopez-Nuñez, Steph Tai

Panel II: Reshaping EJ Law & Social Policy

No abstract provided.

Transcript, Zulene Mayfield, Louis Morse, Sheila Foster, Michael Churchill, Gilbert Carrasco, Mike Ewall

Panel I: Learning from Title VI

No abstract provided.