Lulucf Is More Than A Mouthful: How The United States Could Implement The European Union’S Land Use, Land-Use Change, And Forestry Policy To Help Fight Against The Us Agricultural Lobby And Fight Climate Change,
2025
Brooklyn Law School
Lulucf Is More Than A Mouthful: How The United States Could Implement The European Union’S Land Use, Land-Use Change, And Forestry Policy To Help Fight Against The Us Agricultural Lobby And Fight Climate Change, Isabella Neihardt
Brooklyn Journal of International Law
Climate change is this generation’s defining issue, and one that has passed the point of requiring critical attention and response. Agriculture is a major contributor to anthropogenic global warming, but it has largely evaded environmental regulation in the United States (US) due to “agricultural exceptionalism” and a powerful agricultural lobby. Activities in the land use, land-use change, and forestry (“LULUCF”) sector can effectively offset carbon dioxide equivalent emissions from agricultural activities through a process known as a “carbon sink.” In the European Union (EU), the agricultural sector is already regulated through Regulation (EU) 2023/839, the first LULUCF regulation of its …
Using State Policy To Neutralize Green Infrastructure Project-Ending Litigation And Strategically Advance Community Engagement,
2025
Pace University
Using State Policy To Neutralize Green Infrastructure Project-Ending Litigation And Strategically Advance Community Engagement, Sara Cody
Pace Environmental Law Review
In May 2023, Governor Gavin Newsome publicly announced a California Environmental Quality Act (“CEQA”) reform bill (SB 149), which he signed into law on July 10, 2023. From the moment this was announced, the proposal was barraged by pushback, not from climate negative industry, but from major environmental groups, including the National Resource Defense Council and the Sierra Club, among others. Why is this? One reason is that permit reform has historically been championed by the fossil fuel industry as a method for cutting red tape to make resource exploration faster, easier, and less costly. Even so, the ratio of …
Strange Bedfellows: Guardians For Fetuses And Future Generations,
2025
Pace University
Strange Bedfellows: Guardians For Fetuses And Future Generations, Celia Parry
Pace Environmental Law Review
In the 1970s, savvy anti-abortion lawyers began employing “fetal guardians” as a procedural mechanism to restrict abortion access. In Juliana v. United States, arguably the most important climate lawsuit from the past ten years, a “guardian for future generations” acted as a plaintiff. These forms of legal guardianship resemble each other because they both rely on property law precedent, invoke creative interpretations of guardianship, and represent future interests. This connection also presents a predicament for climate litigators and anti-abortion litigators, who don’t typically share the same agenda. To date, this intersection between fetal and future generation guardianship has not received …
Ecocentric Environmental Justice: Why We Should Go There And How We Can Get There,
2025
Pace University
Ecocentric Environmental Justice: Why We Should Go There And How We Can Get There, Jillian R. Houle
Pace Environmental Law Review
Environmental justice is necessary. It forces us to grapple with the fact that environmental burdens and benefits have been disproportionately divvied up across arbitrary race- and income-based lines, asks “what are you going to do about it?”, and offers solutions and answers to the problems it identifies. Everyone benefits from environmental justice. At the same time, environmental protection is necessary. Not only does environmental protection, by definition, protect the biotic and abiotic components of the natural world, but it further serves to protect humans, who unequivocally rely on the natural environment to sustain their collective life. Everything – living and …
Geothermal Energy And The Possibility Of Narrative Unity In Environmental And Energy Law,
2025
Pace University
Geothermal Energy And The Possibility Of Narrative Unity In Environmental And Energy Law, Jarrod Ingles
Pace Environmental Law Review
As the United States seeks to address concerns about climate change and energy affordability through the deployment of renewable energy and natural gas, the tensions between energy law and environmental law have come into sharper relief. These two related fields are converging as never before because solutions to rising energy costs and the “wicked problem” of climate change often pit the impulses of energy and environmental agencies against one another. Applying a narrative theory approach, I contend that energy law and environmental law will continue to be in tension because they are grounded in different narratives, which in turn communicate …
Back To The Future For Climate Liability,
2025
University of Maine School of Law
Back To The Future For Climate Liability, Anthony Moffa
Pace Environmental Law Review
The Polluter Pays Principle has been a central tenet of environmental policy for decades. It provided an economic justification for compelling cleanups through the Superfund law (the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)). However, outside of that context, it has not been explicitly cited as the chief justification for much environmental law in the United States—until now. The principle has recently been invoked in state climate lawmaking. Last year, Vermont and New York became the first states to enact laws that impose liability on fossil fuel producers for climate change harms, invoking the Polluter Pays Principle and Superfund …
Montana Trout Unlimited V. Montana Department Of Natural Resources,
2025
Alexander Blewett III School of Law, University of Montana
Montana Trout Unlimited V. Montana Department Of Natural Resources, Kelly Brady
Public Land & Resources Law Review
A proposed copper mine located near tributaries of the highly protected Smith River in central Montana set off a series of lawsuits over the use of water in the state. After a number of administrative hearings and subsequent trials, the only substantial question left was the status of “mine dewatering.” The Montana Supreme Court decided whether 1,500,000 gallons of water removed annually from the inner workings of a mine should require a water use permit as a beneficial use or if it exists outside of the regulatory jurisdiction of the Montana Department of Natural Resources under the Montana Water Use …
Montana Environmental Information Center. V. Montana Department Of Public Service Regulation,
2025
Alexander Blewett III School of Law, University of Montana
Montana Environmental Information Center. V. Montana Department Of Public Service Regulation, Sadie Giles
Public Land & Resources Law Review
Montana Environmental Information Center v. Montana Department of Public Service Regulation provides insight into the discretion of the Public Service Commission and its impact on renewable energy development in Montana, especially in the wake of the repeal of the Renewable Power Production and Rural Economic Development Act. This case evaluates the Commission’s decisions to grant waivers to NorthWestern Energy for its 2015 and 2016 renewable energy purchase obligations under the Act. The Court found the Commission’s decisions were arbitrary and unsupported by substantial evidence and appropriate reasoning. Montana’s renewable portfolio standards had proven effective in promoting renewable energy and economic …
Tribal Sovereignty And The Limits Of Federal Evidence: Authenticating Indian Status In United States V. Harper,
2025
Alexander Blewett III School of Law, University of Montana
Tribal Sovereignty And The Limits Of Federal Evidence: Authenticating Indian Status In United States V. Harper, Anthony J. Shirey
Public Land & Resources Law Review
In United States v. Harper, the Tenth Circuit reversed a conviction for violent crimes committed in Indian Country because the government failed to provide admissible evidence proving that the defendant was an “Indian” under federal law. At first glance, the ruling appears to turn on a technical evidentiary issue concerning the exclusion of a tribal membership verification letter under the business records exception. Yet the case reveals something deeper: a jurisdictional framework that conditions the recognition of tribal identity on federal evidentiary norms, and in doing so, limits the functional sovereignty of tribal governments in federal courts. This Note seeks …
Friends Of The Inyo V. United States Forest Service,
2025
Alexander Blewett III School of Law, University of Montana
Friends Of The Inyo V. United States Forest Service, Sarah J. Leopard
Public Land & Resources Law Review
Friends of the Inyo v. United States Forest Service provides necessary guidance for categorical exclusion analysis under the National Environmental Policy Act. The Ninth Circuit Court of Appeals held that the United States Forest Service wrongfully construed NEPA as permissive of applying different categorical exclusions to various components of the same mining project until the project was excluded in its entirety from further environmental review. The Court’s holding establishes two essential rules for evaluating mining proposals on public lands: (1) a categorical exclusion, when applied under § 220.6, must cover the entire scope of a proposed project; and (2) the …
Session 2: The Cases For Industry Self-Regulation And Government Regulation Of Ai,
2025
Seattle Chapter President, Applied AI Association
Session 2: The Cases For Industry Self-Regulation And Government Regulation Of Ai, Boaz Ashkenazy, Kevin Bartholomew, Kevin De Liban, Christopher Yoo
SITIE Symposiums
In Session Two of the SITIE 2025 Symposium titled “The Cases for Industry Self-Regulation and Government Regulation of AI,” moderated by Seattle University Technology Ethics Initiative Director and Professor Onur Bakiner, the panelists discuss their perspectives and experiences with AI regulation. They share observations about the industry and delve into the topics of AI complexity, concerns around accountability, the shift to agentic AI, the current state of AI regulation, existing legal guardrails, and their outlook on AI regulation.
Session 1: Guidance From International Regulation Sources,
2025
Loyola University Chicago School of Law & The Beazley Institute of Health Law and Policy
Session 1: Guidance From International Regulation Sources, Charlotte Tschider, Marie-Charlotte Roques-Bonnet
SITIE Symposiums
In Session One of the SITIE 2025 Symposium titled “Regulating Artificial Intelligence: From Where and When?”, Professor Mark Chinen moderated a panel featuring Professor Charlotte Tschider and Dr. Marie-Charlotte Roques-Bonnet. The discussion focused on international AI regulation, privacy, data governance, and the EU’s regulatory approach to AI oversight.
8th Annual Innovation And Technology Law Conference: Regulating Artificial Intelligence: From Where And When?,
2025
Seattle University School of Law
8th Annual Innovation And Technology Law Conference: Regulating Artificial Intelligence: From Where And When?, Steven Bender
SITIE Symposiums
Since 2018, the Seattle University School of Law has presented an annual late spring/summer conference on innovation and technology, shifting to a virtual conference in 2020. The virtual format fosters inclusion of national and even international speakers (as this year with Marie-Charlotte Roques-Bonnet, Data Protection/AI Consultant & Research Lead, ID side.eu, joining from France), and participation from a broad base audience, which this year included over 200 registrants who joined live or watched the recording.
Pace Financing: A Legal Guide To Energy And Water Efficiency Funding,
2025
American University Washington College of Law
Pace Financing: A Legal Guide To Energy And Water Efficiency Funding, James P. Cargas
PEEL Alumni Scholarship
No abstract provided.
Drawing Lines In The Sea: Indigenous Sovereignty Through The Coastal Zone,
2025
University of Washington School of Law
Drawing Lines In The Sea: Indigenous Sovereignty Through The Coastal Zone, Tyler Hall
Washington Journal of Social & Environmental Justice
No abstract provided.
(Environmental) Justice For All: Rethinking Environmental Disaster Remedies,
2025
University of Washington School of Law
(Environmental) Justice For All: Rethinking Environmental Disaster Remedies, Alyssa Umberger
Washington Journal of Social & Environmental Justice
No abstract provided.
Arts-Based Sustainability: From New York To Malawi,
2025
CUNY Lehman College
Arts-Based Sustainability: From New York To Malawi, Martha B. Lerski
Publications and Research
Recognizing that libraries serve multiple constituencies and subject areas, this chapter documents and advocates for development of transdisciplinary arts-based research (ABR) and culture-related projects linked to environmental challenges. Libraries contribute collections and spaces, as well as the research of library and information scientists. Libraries are currently among invisible contributors to sustainability planning and services. The chapter will link this invisibility to the value of what visual arts refer to as negative space elements in subjects ranging from traditional ecological knowledge to environmental science. Library collections, projects, and research contribute to education for sustainable development (ESD) as required to achieve the …
Humans In Nature: Creating Our New Reality Through Ecological, Cultural, Global, Ethical, And Legal Reform,
2025
University of Missouri-Kansas City School of Law
Humans In Nature: Creating Our New Reality Through Ecological, Cultural, Global, Ethical, And Legal Reform, John Head
UMKC Law Review
No abstract provided.
Under The Umbrella Of Water Law: Why Rainwater Harvesting Should Constitute A Valid Water Right,
2025
University of Washington School of Law
Under The Umbrella Of Water Law: Why Rainwater Harvesting Should Constitute A Valid Water Right, Jordann Krouse
Washington Law Review
Rain is a major source of water. It provides for our greatest needs, such as feeding our gardens, crops, rivers, and lakes. As global climate change continues to unfold, the impacts of water availability and water pollution simultaneously grow more urgent. Water rights are a mechanism in the United States’ legal system to allocate, regulate, and manage water as a natural resource. These rights are limited, however, in their coverage and varied in their application. For example, access to rainwater is not a recognized water right despite being a major source of water. The ecological and economic incentives of rainwater …
Decommissioning Offshore Oil And Gas Infrastructure: Report Of Proceedings, May 2, 2025 Offshore Decommissioning Workshop,
2025
Columbia Law School, Sabin Center for Climate Change Law
Decommissioning Offshore Oil And Gas Infrastructure: Report Of Proceedings, May 2, 2025 Offshore Decommissioning Workshop, Martin Lockman, Ashwin Murthy, Romany M. Webb
Sabin Center for Climate Change Law
On May 2, 2025, Ocean Conservancy and the Sabin Center for Climate Change Law organized a workshop at Columbia Law School on offshore oil and gas decommissioning in the United States. The overarching goal of the workshop was to bring together offshore law and policy experts to outline a research and policy agenda for offshore decommissioning. Within this broad goal, we sought to (1) identify key opportunities to reform offshore decommissioning law in the United States, both in the short term and over the next decade, (2) identify knowledge gaps and highlight areas for future research, and (3) begin to …
