Environmental Law Commons^™

Voter Suppression In Georgia, Eli Woods

Public Interest Law Reporter

No abstract provided.

Revisiting Poverty Under Equal Protection In The Wake Of Covid-19, Alexis O'Connor

Public Interest Law Reporter

No abstract provided.

When Justice Is Blind: Accommodations For Judges With Visual Impairments And Blindness, Annie Mann

Public Interest Law Reporter

No abstract provided.

On Gang Databases, Louise Carhart

Public Interest Law Reporter

No abstract provided.

Inequity For People Of Color In Healthcare In The Wake Of A Global Pandemic, Colleen Ahern

Public Interest Law Reporter

No abstract provided.

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

"We Can't Breathe." Like George Floyd, Black Families In New York City Have A Knee On Their Necks, Shanee Brown

Public Interest Law Reporter

No abstract provided.

A Look At Race & Reparations In America, Annie Keller

Public Interest Law Reporter

No abstract provided.

The Persecution Of Asylum Seekers, Juan Gonzalez-Martinez

Public Interest Law Reporter

No abstract provided.

Examining The 2021 Texas Power Grid Crisis, Dean Jepsen

Public Interest Law Reporter

No abstract provided.

Supplemental Security Income: How A Noble Mission Without Modernization Perpetuates Poverty, Caroline Jarcho

Public Interest Law Reporter

No abstract provided.

The Right To Vote: Felony Disenfranchisement And Making Restoration A Reality, Montana Birringer

Public Interest Law Reporter

No abstract provided.

Agency Genesis And The Energy Transition, Sharon B. Jacobs

Publications

Commentators and policymakers frequently propose new government agencies in response to novel or intractable problems. New agencies can refocus public attention on the problems they regulate. They can attract new talent and bypass calcified or captured channels. But they are also costly, and there is no guarantee that they will be more successful than their predecessors.

This Article examines agency genesis at the state level. In the process, it expands recent thinking about the administrative separation of powers to the states. At the federal level, setting up agency rivalries within the executive branch can be an effective tool for mitigating …

The Acf Water Wars Final Episode: Is Florida Entitled To Greater Flow In The Apalachicola River?, Robert Abrams

Journal Publications

This case marks the second trip to the Supreme Court for Florida’s equitable apportionment case seeking to obtain greater flows into Apalachicola Bay, the estuary of the ApalachicolaChattahoochee-Flint (ACF) River Basin. In a 2018 decision, the Supreme Court reviewed a report of then-Special Master Ralph Lancaster recommending that the Court deny relief to Florida because of the Court’s inability to provide relief without having the Army Corps of Engineers as a party to the litigation. At that time, a 5–4 majority ruled that the Special Master had applied too demanding a standard of proof to the issues surrounding redressability and …

Does The Doctrine Of Equitable Apportionment Apply To Conflicts Between States Over Groundwater Resources When Such Resources Are Derived From An Aquifer That Lies Beneath More Than One State?, Robert Abrams

Journal Publications

The Middle Claiborne Aquifer is a large sand formation that contains groundwater within its sand’s porous spaces. The Aquifer spans beneath Mississippi, Tennessee, and at least six other neighboring states. Since 1886, the City of Memphis has withdrawn water from the aquifer to supply drinking water. Memphis also has withdrawn water for irrigation and industrial purposes. Due to increased water pumping, water levels in the aquifer have dropped, lowering the piezometric head (water pressure) in different locations, including between the two states’ borders. In 2005, Mississippi filed suit against the City of Memphis and the Memphis Light, Gas and Water …

"A Code Red For Humanity": Judicial Relevance In A Time Of Climate Emergency, Margot Young

All Faculty Publications

The Washington Post calls it the “the biggest political story in the world, a grinding global crisis in public view.” The Globe and Mail’s coverage is more muted, but its Editorial Board notes about this crisis that “[t]wo things have since changed: urgency and ability. The danger is growing closer, but so is humanity’s capacity to avert disaster.” These statements reference the 9 August 2021 release by the Intergovernmental Panel on Climate Change (IPCC) of its Working Group I report, first instalment of the IPCC’s Sixth Assessment due out in 2022. The recent report, compiled by 234 authors based on …

Climate Disruption In Canadian Constitutional Law: References Re Greenhouse Gas Pollution Pricing Act, Jocelyn Stacey

All Faculty Publications

This analysis considers the Supreme Court of Canada’s decision in References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11, in which a majority of the Court upheld as constitutional national carbon pricing legislation. The decision presents an excellent illustration of the legally disruptive nature of climate change. Illustrating that nothing is static in a climate disrupted world—including constitutional law—this article identifies three shifts the Court makes in relation to climate disruption. First, the decision represents a shift away from climate denialism toward a judicial willingness to confront the environmental, social and legal implications of climate change for Canada. Second, …

Contracts On The Seabed, Christiana Ochoa

Articles by Maurer Faculty

Four million square kilometers of seabed within the sovereignty of Pacific Island nations are currently under contract for mineral exploration or exploitation. Over a million additional square kilometers of the non-sovereign seafloor are licensed for such use. Historically, these licenses have served to establish “squatters’ rights” in anticipation of a distant future when the industry would develop the machinery to exploit oceanic mineral wealth. That moment has arrived, with the first seafloor mining machines rolling off production lines in 2015-2016. Indeed, but for failed financing, the first seabed mine would now be operating in the territorial ocean waters of Papua …

Nature's Rights, Christiana Ochoa

Articles by Maurer Faculty

Do forests and rivers possess standing to sue? Do mountain ranges have substantive rights? A recent issue of The Judges’ Journal, a preeminent publication for American judges, alerts the bench, bar, and policymakers to the rapidly emerging “rights of nature,” predicting that state and federal courts will increasingly see claims asserting such rights. Within the United States, Tribal law has begun to legally recognize the rights of rivers, mountains, and other natural features. Several municipalities across the United States have also acted to recognize the rights of nature. United States courts have not yet addressed the issue, though in 2017, …

Foreign Affairs Federalism: The Doctrine Of Foreign Affairs Preemption And State Regulation In Light Of The Paris Agreement, Anagha Sundararajan

University of San Francisco Law Review

No abstract provided.