Environmental Law Commons^™

Teaching Old Statutes New Tricks: Towards Equitable Participation In Transportation Act Section 4(F) And Nhpa Section 106, Laura Mott

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Acting Under Scrutiny: The Limits Of Federal-Officer Removal In Attorney General Of New Jersey V. Dow Chemical Company, Justin W. Berge

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Drawing A Line In The Mud: The Fifth Circuit's Narrow Reading Of Louisiana's Infrastructure Trespass Statute In White Hat V. Murrill, Andrew J. Lloyd

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Pounding At The Door: The First Circuit Denies Asylum In The First Case On Climate Refugees In Cruz Galicia V. Garland, Marissa O. Wong

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Dishwashers And Dicta: The Fifth Circuit's Not-So-Quiet Attack On Doe Authority In Louisiana V. United States Department Of Energy, Robert G. Torpey

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Environnement Et Droit Agraire Au Liban, Ibrahim Najjar

Proche-Orient, Études juridiques

No abstract provided.

Sample Article, Rhea Viewer

Journal of Environmental & Energy Law

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"Tac-Ing" On Coherence: Achieving Sustainable Baltic Sea Fisheries Management By Hooking Precautionary Science And Greater Transparency In Eu Total Catch Negotiations, Patrick Seroogy

Ocean and Coastal Law Journal

This article argues that what makes the difference in success between these two regimes is how strictly the scientific advice underlying catch limits the advice is adhered to, and the influences allowed unto decisionmakers in the catch limit negotiation process. Whereas the United States uses the scientific advice about the MSY as a strict upper limit in determining annual catch limits, the EU does not. This allows stakeholders in the EU’s CFP governance, in particular fishing industry actors, to influence regulators to raise TACs above adequately precautionary levels in the name of “balancing” sustainable fishing with short-term economic interests. The …

Alaska's Hidden Gems: Advocating For The Protection Of Deep-Sea Corals, Both In The Courtroom And Beyond, Lauren Beizer

Ocean and Coastal Law Journal

Coral reefs are ecologically, financially, and aesthetically one of the world’s greatest resources. Off the coast of Alaska, many unique species of deep-sea cold-water corals exist and provide various public health benefits, contribute vital ecosystem functions to their surrounding environment, and serve as economic tourist attractions. Alaska’s corals reefs are exceedingly valuable to the earth due to their overall ecological value. However, these unique coral species significantly lack state and federal protections–which have recently been under consideration in several lawsuits at the federal level. American Oceans Campaign v. Daley and Oceana, Inc. v. National Marine Fisheries Service et al., are …

From Vulnerability To Justice: Reframing Indigenous Disaster Recovery Through A Human Rights-Based Lens, Portia Ozioma Chigbu

Notre Dame Journal of International & Comparative Law

Indigenous populations regard their cultural identity as central to their way of life, and their traditional lifestyles often place them in remote areas, isolating them from mainstream society. This isolation creates a unique set of human rights challenges, such as limited access to healthcare, restricted political representation, housing insecurity, and poor living conditions, making them especially vulnerable compared to other groups. In the context of climate change and the rising frequency of natural disasters worldwide, these vulnerabilities become more protracted and intensified. Since Indigenous populations already face structural disadvantages before disasters strike, such events deepen their vulnerabilities, increase their risk …

Trial By Fire: Disaster Justice And Lessons Learned, Clifford Villa

Faculty Scholarship

Disaster Justice reflects the intersection of environmental justice and disaster law. The study of disaster justice is becoming increasingly essential as disasters become more frequent and devastating in the face of accelerating climate change. Disaster law is marked by statutes such as the federal Stafford Act and by theory such as the “disaster cycle” of readiness, response, and recovery. Environmental justice recognizes that the distribution of harms such as bad air or water quality may be distributed inequitably among groups such as low-income populations or racial minorities. In similar fashion, the adverse impacts of disasters may also be distributed inequitably …

From Chainsaws To Courtrooms: Corporate Climate Litigation And Deforestation In Brazil, Maria Antonia Tigre, Mariana Barbosa Cirne

Sabin Center for Climate Change Law

Corporate climate litigation has emerged as one of the most dynamic and high profile tools for addressing the private sector’s role in the climate crisis. While much of the scholarship and public debate has centered on cases in the United States and Europe, litigation targeting corporations in the Global South — particularly Brazil — has grown rapidly, both in volume and significance. Brazil now ranks among the world’s top jurisdictions for corporate climate damage claims. These suits have pioneered methods for quantifying climate damages, often from illegal deforestation, and have tested the reach of the civil liability regime in novel …

Insurgent Until Proven Innocent: Land, Power, And The Right To Defend Rights, Kelsey Jost-Creegan

Michigan Journal of International Law

As the climate crisis intensifies, advocates worldwide have stood up to defend their communities, territories, and environment. In response, they have faced violent retaliation. This repression persists despite evolving international, regional, and national-level legal frameworks around the “right to defend rights” and the “right to protection.” This article begins by providing a comprehensive overview of this evolving legal landscape. Against this backdrop, the article examines the tactics and architectures of violence used to repress land and environmental defenders through the lens of counterinsurgency theory.

The article proposes a typology of counterinsurgent violence including: surveillance; stigmatization; criminalization; arbitrary detention; infiltration; cooptation; …

Agri‑Photovoltaics In Poland’S Energy Transition – Untapped Potential?, Marcin Gronowski

Studia i Materiały Wydział Zarządzania Uniwersytet Warszawski

Objective: The aim of this study is to identify and assess the legal barriers hindering the implementation of agrovoltaics as a technology that enables the dual use of agricultural land for electricity generation whilst maintaining agricultural production, and thereby to identify the legislative changes required to unlock its transformative potential. The objective set takes into account the feasibility of implementing energy policy in the area of photovoltaic development, whilst balancing the need to protect agricultural land and the principle of sustainable development.

Methodology: The analysis was conducted using dogmatic and legal‑theoretical methods for the interpretation of legal norms, as well …

State Policy And Regulatory Approaches To Sustainable Aviation Fuel Across The United States, Somtochukwu Attamah, Mary Johnson, Lara Fowler, Michael D. Helbing

Faculty Scholarship

Sustainable Aviation Fuel (SAF) represents a critical lever for achieving near-term decarbonization of the aviation industry. SAF can be manufactured for “drop-in” use in existing aircraft and fueling systems, allowing manufacturers to achieve lifecycle greenhouse gas (GHG) savings relative to standard jet fuel. However, U.S. policy is still disjointed: federal incentives are accompanied by diffuse state efforts, which means uneven market-based feedback and investment risk. After outlining the federal policy context, this Article conducts a comparative analysis of SAF-related policy frameworks across the fifty states. This includes a variety of government solutions offered in the form of enacted and proposed …

Can The Epa Withdraw The Endangerment Finding?, Jonathan Adler

Faculty Publications

The Trump administration has made repeal of the Environmental Protection Agency’s “endangerment finding” on greenhouse gases the centerpiece of its environmental deregulation agenda. “We are driving a dagger straight into the heart of the climate change religion to drive down cost of living for American families, unleash American energy, bring auto jobs back to the US, and more,” proclaimed EPA Administrator Lee Zeldin when announcing the agency’s plan to reconsider the finding in March 2025. Since then, the agency has followed through, pushing endangerment finding repeal ahead of other, more traditional, deregulatory efforts. While politically popular with parts of President …

An Abundant Lack Of Introspection, Jonathan Adler

Faculty Publications

In this review Jonathan Adler critiques Abundance authors Klein and Thompson's analysis of how regulation is holding back progress in decarbonization, America's housing supply crisis, and innovation. While agreeing with the authors' assessment that regulation policy is hampering efforts in these areas, Adler objects to the book's proposals for improving regulatory bottlenecks, arguing the authors of Abundance refuse to acknowledge the role of market institutions in creating abundant supply or to admit the fault in their assumption that the failures of centralized government decision making can be repaired while maintaining centralized government decision making.

This abstract has been constructed from …

From Maps To Meadows: Ecologically Literate Zoning And The Regeneration Of Wildlife Habitats, Jonathan Rosenbloom

Cleveland State Law Review

For more than a century, zoning has shaped the American landscape, often at the expense of wildlife and ecosystems. Rooted in legal doctrines that treated animals as property and nature as a raw material, zoning codes have fragmented habitats, erased migration corridors, and accelerated biodiversity loss. At the same time, federal protections are narrowing, leaving critical gaps in environmental governance. This Article argues that local governments possess both the authority and the obligation to respond. By embedding ecological principles into zoning—through conservation districts, wildlife corridor protections, wetland buffers, pollinator protections, dark skies, wildlife fencing, habitat restoration, and others—municipalities can transform …

After Ratification: How Will Indonesia Navigate The Bbnj Agreement?, Febryani Sabatira, Ria Wierma Putri, Orima Melati Davey

Indonesian Journal of International Law

Indonesia’s ratification of the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement) signals its entry into a new phase of ocean governance. Translating this commitment into practice requires understanding the Agreement’s scope, assessing its institutional design, and evaluating its implications for Indonesia’s marine legal framework. This paper applies a normative legal analysis and draws on international treaties, domestic laws, and policy instruments to examine the BBNJ’s four substantive pillars—marine genetic resources, area-based management tools, environmental impact assessments, and capacity building and technology transfer—and their relevance to global and national biodiversity …

Shaping Egypt’S Transition To Sustainable Electric Transport: Current Policies And Future Directions, Noha A. Ragab

Theses and Dissertations

Egypt has enacted policies to promote the adoption of electric vehicles (EVs) in order to reduce their overall carbon footprint. However, the pace of transition remains limited, so the research aims to answer the following question: “How do current policies shape Egypt’s transition towards sustainable electric transport, and what additional measures can support this transition?" The study employs a qualitative analysis methodology, based on diffusion of innovation theory and conceptual framework, to analyze current policies in Egypt and identify challenges and gaps in their implementation. It also analyzes responses from 23 interviews with experts in the field, manufacturers, dealers, EV …