Environmental Law Commons^™

Cancer Alley And The Fight Against Environmental Racism, Idna G. Castellón

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Toto, I'Ve A Feeling The Environment Isn't Safe From Cryptocurrency Anymore: The Degrading Ecological Effects Of Bitcoin And Digital Currencies, Samantha T. Edgell

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Humans Long Ignored: Revisiting Nepa's Definition Of "Human Environment" In The Era Of Black Lives Matter, Travis D. Jones

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Wall That Trumps Environmental Law: A Review Of The Environmental And Legal Implications Of The U.S.-Mexico Border Wall, Olivia Merritt

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Environmental Impact Of Technological Innovation: How U.S. Legislation Fails To Handle Electronic Waste's Rapid Growth, Marisa D. Pescatore

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Rising To The Challenge: Managed Retreat And The Taking Clause In Maine's Climate Change Era, Maye C. Emlein

Maine Law Review

It is a near scientific certainty that sea levels will rise between one and eight feet by the end of the century. This will wreak havoc on our infrastructure, ecology, and public health, and cause an unquantifiable amount of economic damage. Given the inevitability of sea level rise, state and local governments must facilitate the managed retreat of people and property away from vulnerable coastal areas. However, governments’ ability to facilitate managed retreat comes head-to-head with the Takings Clauses of the United States and Maine Constitutions, which state that the government may not take private property without paying just compensation. …

A Bibliometric Analysis Of Human Trafficking In The Wake Of Natural Disasters, Shashikala Gurpur Dr, Manika Kamthan Dr, Vartika Tiwari Ms.

Library Philosophy and Practice (e-journal)

This study is based on the bibliometric analysis of research publications that focus on highlighting the interlinkages between natural disasters and human trafficking as its aftermath. The main objectives of the study are to determine the frequency of such publications and also to establish that the problem of trafficking as a result of natural disasters has not received enough attention from the researchers. The data was collected from the Scopus database using VOSviewer software. Literature written from 2000 to October 2020 were perused. The study consisted of a total of 66 documents which are classified into articles, letters, editorials conference …

Constitutional Right Of The Individual In The Environment: A Comparative Study On The Differences Between Fiqh And The Trends Of The Judiciary, Amira Badr

UAEU Law Journal

The second part of the research aims to study the situation of the constitutional judiciary in many of the comparison countries concerning the recognition of the constitutional value of the environmental human right as one of the fundamental human rights in the constitutions of states, which its legal system belong to the common law, such as the United States, United Kingdom, as well as some of the Indian sub-continent, or its legal system belongs to Latin law, such as France, as well we will try to concentrate on the situation of the international courts concerning that right especially the European …

Using Current Legal Tools To Achieve Net Zero Greenhouse Gas Emissions From New And Existing Federal Oil And Gas Leases, Jamie Gibbs Pleune, Nada Wolff Culver, John C. Ruple

Utah Law Faculty Scholarship

Fossil fuel development on federal lands accounts for 24% of all U.S. carbon dioxide (CO2) emissions. These emissions can be reduced significantly by requiring federal oil and gas development activity to mitigate greenhouse gas (GHG) emissions. The Bureau of Land Management (BLM) has authority to define the terms and conditions of new oil and gas leases and to impose conditions of approval on existing leases at the drilling stage. Using this authority, the BLM could require net zero emissions on some existing and all new oil and gas leases without waiting for congressional action or regulatory changes. Applying existing legal …

Revolving Doors - We Got It Backwards, Hadar Yoana Jabotinsky Dr.

University of Cincinnati Law Review

The revolving door phenomenon, in which senior public officials transfer from the public service to the private sector after finishing their term as public officials, and vice versa, is widespread. This gives rise to concern of regulatory capture, which happens when the regulators respond to the wishes of strong interest groups, such as the regulated industry, instead of protecting the interests of the general public. The solution is usually found in conflict-of-interest rules which set cooling-off periods for individuals moving from the public to the private sector. This paper proposes that although revolving doors do incur some costs, they also …

Cle Working Paper No.1/2021--Grassroots And Litigation-Based Approaches To Advancing Indigenous Rights: Lessons From Extractive Industry Resistance In Mesoamerica, Justin Wiebe

Centre for Law and the Environment

Indigenous peoples are frequently recognized as excellent stewards of their traditional territories. These territories, which often exhibit extraordinary levels of biodiversity, face disproportionate and growing threats from extractive industry. In opposing these threats, Indigenous peoples increasingly rely on internationally-defined Indigenous rights, including those set out in UNDRIP and ILO Convention 169. It is uncertain, however, how these rights are most effectively advanced. In this paper, I tease out strategies — both grassroots-based and litigation-based — that show promise in this regard. Drawing on Waorani resistance to an oil auction in Ecuador and Indigenous resistance to a large-scale mining project in …

Should The European Union Fix, Leave Or Kill The Energy Charter Treaty?, Martin Dietrich Brauch

Columbia Center on Sustainable Investment Staff Publications

In the early 1990s, the European Economic Community – the predecessor of the European Union (EU) – spearheaded an initiative to promote international cooperation in the energy sector, particularly with post-Soviet States in Eastern Europe and Central Asia. Out of this process the Energy Charter Treaty (ECT) was born in 1994. Going much beyond international cooperation, the treaty allows foreign investors in the energy sector to sue their host States in international arbitral tribunals and claim monetary compensation when policy measures and other State action affect their interests.

Fast-forward to 2021. With 135 known cases initiated to date, the ECT’s …

If You Don’T Have A Cow (Or Chicken Or Pig), You Can’T Call It Meat: Weaponizing The Dormant Commerce Clause To Strike Down Anti-Animal- Welfare Legislation, Jessica Berch

Utah Law Review

Industrial meat producers and proponents of plant-based diets are locked in legislative and litigation battles. On the legislative battlefront, meat producers are attempting to prohibit vegetarian and vegan food manufacturers from calling their products “meat,” “burgers,” “pork,” or other similar “meaty” descriptions. At the same time, animal-welfare advocates are urging states to pass laws to better the lives of animals in various ways, such as requiring meat producers to provide farm animals more space or other enhanced conditions. On the litigation side, both the meat producers and the plant-based companies are attempting to deploy the Dormant Commerce Clause (“DCC”) to …

2021 Final Butte Reduction Works (Brw) Phase I Quality Assurance Project Plan (Qapp) Revision 3. February 2021, Pioneer Technical Services, Inc.

Silver Bow Creek/Butte Area Superfund Site

No abstract provided.

The Devil In Nepa's Details: Amending Nepa To Prevent State Interference With Environmental Reviews, Clay F. Kulesza

William & Mary Law Review

The environment is susceptible to human harms because it lacks a voice of its own. Yet environmentalists have used their voices for generations to promote environmental protection, causing Congress to pass a variety of laws that prevent needless environmental destruction. The National Environmental Policy Act of 1969 (NEPA) advances this goal by directing the federal government to undergo an environmental review process anytime it wants to begin a project that could have detrimental environmental impacts. This process ensures that the federal government knows how a project will impact the environment and whether any feasible alternatives to a project may have …

Biodiversity 2050: Can The Convention On Biological Diversity Deliver A World Living In Harmony With Nature?, Michelle Mei Ling Lim

Research Collection Yong Pung How School Of Law

The Convention on Biological Diversity’s (CBD) ‘2050 Vision’ aims to achieve, by 2050, a world that is ‘living in harmony with nature.’ Yet biodiversity is threatened globally to an extent never before witnessed in human history. The Global Assessment of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES Global Assessment)—the largest ever assessment of the global state of biodiversity and ecosystems services—found that a sustainable global future for people and nature remains possible. However, this can only be achieved if we fundamentally redesign our economic, social, and governance systems. It is almost three decades since the CBD, the …

Culturally Diverse Expert Teams Have Yet To Bring Comprehensive Linguistic Diversity To Intergovernmental Ecosystem Assessments, Abigail J. Lynch, Fernández-Llamazares Álvaro, Ignacio Palomo, Pedro Jaureguiberry, Amano Tatsuya, Zeenatul Basher, Michelle Lim, Tuyeni Heita Mwampamba, Aibek Samakov, Odirilwe Selomane, Michelle Mei Ling Lim

Research Collection Yong Pung How School Of Law

Multicultural representation is a stated goal of many global scientific assessment processes. These processes aim to mobilize a broader, more diverse knowledge base and increase legitimacy and inclusiveness of these assessment processes. Often, enhancing cultural diversity is encouraged through involvement of diverse expert teams and sources of knowledge in different languages. In this article, we examine linguistic diversity, as one representation of cultural diversity, in the eight published assessments of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES). Our results show that the IPBES assessment outputs are disproportionately filtered through English-language literature and authors from Anglophone countries. To …

We Still Have Lessons To Learn From Woburn, And Flint Is A Good Place To Start, Rose Mooney

Notre Dame Law Review

By analyzing a previous water contamination lawsuit, this Note offers advice to litigants battling their current water crises. Specifically, this Note assesses the water contamination crisis that occurred in Woburn, Massachusetts, from the mid- to late-twentieth century and offers guidance to litigants fighting for clean water in Flint, Michigan, today. There is strength in this type of comparison: “Change in legislative actions and policy- making often result from previous environmental disasters out of which the public demands a change. In other words, we arguably learn from these disasters and effect changes to prevent them from occurring again.” The Woburn litigation …

Treading Water: How Citizens, States, And The Environmental Protection Agency Can Restore Proper Criminal Enforcement Of The Clean Water Act's National Pollutant Discharge Elimination System, Marley Kimelman

Washington Journal of Environmental Law & Policy

Upon the passage of the Clean Water Act (“CWA”) in 1972, primary responsibility for protecting the United States' water quality and preventing water pollution shifted from the states to the Environmental Protection Agency (“EPA”). The program at the heart of the Clean Water Act, the National Pollutant Discharge Elimination System (“NPDES”), requires anyone who discharges pollutants into the waters of the United States to abide by the terms of a permit issued under the program. If a discharge occurs in violation of the permit or without a permit, and prosecutors are able to prove the responsible party acted with ordinary …

Building Back Better: Investing In A Resilient Recovery For Washington State, Kevin Tempest, Jonah Kurman-Faber, Ruby Wincele

Washington Journal of Environmental Law & Policy

This article analyzes the potential jobs and community health benefits created by a sample Resilient Recovery Portfolio of investments in Washington State. This type of investment mindset can kick-start job growth, shared economic prosperity, cleaner air, and climate-resilient communities, thereby serving as a template for Building Back Better in Washington and elsewhere. A Resilient Recovery Portfolio supports over ten jobs per million dollars invested in clean transportation, forest conservation and ecosystem restoration, clean energy, water and energy efficiency, low carbon agriculture, and sustainable industry programs. By comparison, the state’s ten largest industries support 4.3 jobs per million dollars invested. This …