Environmental Law Commons^™

Can You Dig It? Yes, You Can! But At What Cost?: A Proposal For The Protection Of Domestic Fossils On Private Land, Bridget Roddy

Texas A&M Journal of Property Law

Paleontological resources require similar protections to archaeological resources because the threat of looting, improper excavation, and market demand are analogous. Paleontological resources are responsible for informing much of scientists’ understanding of evolution and the history of the planet, just as cultural property helps to inform the evolution of humanity and culture. Once either object is removed from its original context, there is an immediate and invaluable loss of information that could have illuminated important information about the past. When either is removed from the environment in which they were created, a nonrenewable link to the past is lost.

Existing laws …

Forty Years Of Environmental Justice: Where Is The Justice?, Jon A. Mueller, Taylor Lilley

Richmond Public Interest Law Review

Environmental Justice (or“EJ”) has been recognized as a concept since

at least 1982. After decades of incremental and ineffective efforts by the federal

government, it has become clear that EJ must evolve beyond the concept

stage if it is to be an effective vehicle for social and legal change. At its heart,

EJ is a function of social inequities and environmental harms, and the disproportionate

correlation between those components can no longer be ignored

by state and federal actors. The way forward must be paved with practical

legal solutions and affirmative application of regulatory authority. This

article examines the history …

Incorporating Environmental Justice Into Benefit-Cost Analysis Of Federal Rulemakings, John D. Graham

Richmond Public Interest Law Review

President Biden proposes to revise the federal rulemaking process to advance

the values of justice and equity. This analysis offers a practical path

forward by adding an equity test to the efficiency test applied to new federal

regulations by the U.S. Office of Management and Budget. This article explores

the feasibility of the proposal with applications to regulation of hazardous

air pollutants and drinking water contaminants. The proposal seeks

to advance the interests of low-income Americans in federal rulemaking, a

subgroup that has received little historical priority in the regulatory impact

analyses prepared by federal regulatory agencies.

Deconstructing Inequality: Cumulative Impacts, Environmental Justice, And Interstate Redevelopment, Lemir Teron

Richmond Public Interest Law Review

The siting and development of Interstate 81 in Syracuse, New York, similar

to highway projects across the nation, lead to the displacement of Black

Syracusans

and has exposed thousands of remaining residents at heightened

environmental harm. As the interstate is slated to be redeveloped due to age

and safety issues, national attention has focused on the highway as a potential

exemplar for similar projects across the United States. Federal law mandates

that environmental impact analysis be conducted, and due to the prevalence

of marginalized populations, environmental justice impacts are a

critical feature in this assessment. This article evaluates both the …

Armoring The Just Transition Activist, Abigail Fleming, Catherine Dremluk

Richmond Public Interest Law Review

The fossil fuel energy system, reinforced by oppressive policies and practices,

has disproportionately harmed poor people, Indigenous people, and

Brown and Black people and driven the global climate crisis. A just transition,

which displaces fossil fuels and redistributes renewable energy resources,

requires policies that are rooted in equity and shift power back to

the hands of the most vulnerable. Just Transition Activists, leaders, organizers,

and changemakers in the just transition movement, must develop transformative

skillsets necessary to radically reimagine our world and dismantle

the current unequal system of law and policy. This analysis explores the

skills, attributes, beliefs, and attitudes …

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

Richmond Public Interest Law Review

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 …

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

Richmond Public Interest Law Review

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 …

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.

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 …

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.

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 …