Environmental Law Commons^™

The Lack Of Regulation In Preventing Greenwashing Of Cosmetics In The U.S., Alexa Riccolo

Journal of Legislation

If you walked through your local grocery or beauty store today, there is no doubt that you would be bombarded with thousands of different products. You may also observe that many labels accompanying these products utilize terms such as “organic,” “natural,” or “green” in their marketing efforts. Most consumers look to these labels and trust that the products are better for their health and the environment. In a recent study, over 80% of millennials believe that purchasing ecofriendly products not only improves their quality of life, but 75% of millennials are actively looking to make greener changes in their homes …

How The Safe Drinking Water Act & The Comprehensive Environmental Response, Compensation, And Liability Act Fail Emerging Contaminants: A Per- And Polyfluoralkyl Substances (Pfas) Case Study, Carly Johnson

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Political Accountability And Judicial Review In The Context Of Climate Change Regulation, Leah Vasarhelyi

Colorado Environmental Law Journal

No abstract provided.

Protecting Cultural Heritage By Recourse To International Environmental Law: Chinese Stances On Faultless State Liability, Riccardo Vecellio Segate

UC Law Environmental Journal

Several international policy documents define the environment as made of “natural heritage” and “cultural heritage” together, along the lines of concepts such as “biosphere” or “ecosystem” which have been introduced relatively recently to define the complexity of humanenvironment interactions. Nevertheless, distinguishing natural heritage from the cultural one helps analyse situations where damage inflicted to the former negatively impacts the latter. In fact, cultural heritage sits under siege worldwide due to polluting activities and environmental degradation, which are causing irreparable damage to—or even the disappearance of— valuable expressions of civilisations’ legacy. Most damages are transboundary, thereby calling into question bilateral forms …

The Glass Is Half Full But Contaminated: An Analysis Of The United States’ Financial Investment In The Drinking Water Infrastructure System, Maya Marshall

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Legal And Administrative Risks Of Climate Regulation, Jonathan Adler

Faculty Publications

Dramatic and rapid reductions in greenhouse gas emissions are necessary to stabilize atmospheric concentrations of greenhouse gases (GHGs) at acceptable levels. Prioritizing federal environmental regulation as the primary means of achieving these goals may be a strategic mistake. Regulatory mandates, particularly if based upon existing statutory authority, will be vulnerable to legal attack, obstruction, and delay. Climate legislation can reduce the legal risks and accelerate the rate of policy implementation, but only on the margin. Adopting regulatory controls, sector-by-sector, technology-by-technology will be immensely resource intensive for the EPA and other federal agencies. Even with authorizing legislation, federal regulatory strategies may …

“Forgotten” By The Clean Water Act: The Anacostia River’S Evolving Environmental Justice Problems, Madeleine Dwyer

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Front Matter, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.

Central Banks And Climate Change, Christina P. Skinner

Vanderbilt Law Review

Central banks are increasingly called upon to address climate change. Proposals for central bank action on climate change range from programs of “green” quantitative easing to increases in risk-based capital requirements meant to deter banks from lending to climate-unfriendly business. Politicians and academics alike have urged climate risk as both macroeconomic and financial stability risk. Relative to counterparts abroad, the U.S. central bank—-the Federal Reserve—-has been more measured in its response.

This Article offers a legal explanation why. It urges that, despite the substantive importance of climate change, the U.S. Federal Reserve presently has relatively limited legal authority to address …

A Right Of Ethical Consideration For Non-Human Animals, Michael Ray Harris

UC Law Environmental Journal

No abstract provided.

A Forgotten History: How The Asian American Workforce Cultivated Monterey County’S Agricultural Industry, Despite National Anti-Asian Rhetoric, Dominique Marangoni-Simonsen

UC Law Environmental Journal

This paper analyzes the implementation of exclusionary citizenship laws against Chinese and Japanese immigrants from 1880 to 1940. It further analyzes the application of these exclusionary mechanisms to the Asian immigrant populations in Monterey County, California. It identifies how the agricultural industry in Monterey County by-passed these exclusion laws as a result of the favored labor force of Japanese immigrants. The paper compares the acceptance of Japanese laborers to the decimation of the Chinese fishing industry in the county, which caused the eradication of Chinese culture. Finally, the paper analyzes the retroactive effects of these laws to the current Feast …

Enabling Instream Rights In The Mill Creek Zanja, Tyler Fields

UC Law Environmental Journal

The Mill Creek Zanja is a 200-year-old, twelve-mile canal cut from the banks of a nearby stream. The Zanja was built originally as an irrigation canal to serve agriculture and industry in what is now Redlands, California located just outside Los Angeles. Since the Zanja’s construction in the early 19th century, the “rights” to the waters of the Zanja have been intensely litigated, highly sought after, and heavily debated. Today, the Zanja flow is around 40,000 to 50,000 acre feet per year. The water is used primarily by the City of Redlands for drinking water and by Crafton Water Company …

The Special Purpose District Reconsidered: The Fifth Circuit’S Recent Declaration That The Edwards Aquifer Authority Is A Special Purpose District Under The Voting Rights Act, And The Tortured History That Led To That Decision, Christopher Brown

UC Law Environmental Journal

No abstract provided.

Strategies And Techniques For Teaching Environmental Law, Heidi Gorovitz Robertson

Law Faculty Books

Teaching law students is an enormous privilege and an immense responsibility. Teaching Environmental Law, in particular, gives the professor an opportunity to help future lawyers understand some important lessons. First, contrary to the belief of many first-year law students, the legal system is not made up entirely of courts. It’s not all judicial and it’s not all adversarial. The statutes Congress creates need implementation and that’s the role of agencies. Lawyers can do a world of good by working in and around legislatures and agencies and with the people who staff them. Environmental lawyers can help shape legislation, the resulting …

A Burning River: Why New Directives May Signal A Continuance In The Downfall Of The Ohio River, Vincent G. Kleindienst

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Preventing Wind Waste, K.K. Duvivier

American University Law Review

The United States has vast offshore wind resources—nearly double the total electricity consumption of the country—ideally located close to the largest population centers. This abundance has remained stubbornly untapped for over a decade, without a single commercial scale wind project built in federal waters as of early 2021.

In contrast to obstruction by the Trump administration, President Biden, in his first days in office, singled out offshore wind development as one of his priorities for tackling the climate crisis. As a result, the United States may soon see an offshore wind rush.

Onshore, the United States is a world leader …

Esg And Climate Change Blind Spots: Turning The Corner On Sec Disclosure, Cynthia A. Williams, Donna M. Nagy

Articles by Maurer Faculty

This article examines four areas in which the SEC, for more than a decade, resisted reform or impeded shareholders’ access to sought-after environmental, social, and governance (ESG) information. These areas are: (1) the SEC’s refusal to act on several rulemaking petitions submitted during the years 2009 to 2018, which called for expanded ESG disclosure; (2) the SEC’s grudging promulgation of rules concerning social disclosures as required by Congress in the Dodd-Frank Act of 2010; (3) the SEC’s 2020 revisions to SEC Rule 14a-8, which make the submission of shareholder proposals more difficult, thereby thwarting investor efforts to raise ESG concerns; …

Mega-Dams And Indigenous Human Rights, Kate E. Britt

Law Librarian Scholarship

Mega-Dams and Indigenous Human Rights (“Mega-Dams”) is a 2020 monograph by Itzchak Kornfeld. Kornfeld is a law professor with extensive experience working with governments and non-governmental organizations on the legal and geological aspects of water development, water sustainability, and sustainable development of land. Mega-Dams reflects this expertise, as well as the author's express opinions.

Adapting Federal Regulatory Approaches To Advances In Agricultural Biotechnology, Alan Sachs

Maryland Law Review Online

No abstract provided.

Hop On The Carbon Neutral Bandwagon: Amending The Paris Agreement To Require Short-Term Goals And Long-Term Carbon Neutral Goals For Nationally Determined Contributions, Johanna Adashek

Maryland Journal of International Law

No abstract provided.