Environmental Law Commons^™

The Color Of Carbon: Racial Capitalism, Climate Change, And Law, Sumudu Atapattu, Carmen G. Gonzalez

Faculty Publications & Other Works

Climate change is a direct consequence of capitalism’s drive to maximize profits through the unbridled extraction of wealth from humans and nature, aided and abetted at every turn by law. In its voracious demand for cheap labor, cheap raw materials, and cheap waste disposal, capitalism has created a treadmill of fossil fuel–dependent production and consumption that has triggered a planetary emergency. It has also produced extreme economic inequality—a racialized division of wealth grounded in colonialism that enables the ultrarich to capture the spoils of the capitalist global economy while billions of people continue to live in extreme poverty. The articles …

A Human Right To A Sustainable Climate?, Ottavio Quirico

William & Mary Environmental Law and Policy Review

Is a fundamental right to a sustainable climate progressively being recognized globally? Climate change is triggering parallel progressive developments in the human rights arena at both the domestic and international levels. Firstly, it is fostering an extensive interpretation of first- and second-generation human rights, protecting collective environmental interests rather than individual entitlements. Secondly, climate change has decisively accelerated the evolution of first and second generation human rights into a third generation right to a sustainable environment. Thirdly, emerging evidence discloses the possibility of conceiving a specific human right to a sustainable climate. This Article explores the trajectory of climate rights …

Recent Expansion Of Gubernatorial Emergency Powers To Address The Covid-19 Pandemic: Examining Applications For The Climate Crisis, Juliet Israel

William & Mary Environmental Law and Policy Review

With a particular focus on the states of California and Florida, this Note delves into the leadership roles assumed by governors when addressing the global COVID-19 pandemic, evaluates the applicability of this gubernatorial strategy to the climate crisis, and examines the criticisms and constitutional challenges to expanding gubernatorial emergency powers. Part I explores the core similarities and differences between the COVID-19 pandemic and climate change. Part II addresses the failure of federal and international policy responses to both the pandemic and climate change. Part III details the states’ use of gubernatorial emergency powers to respond to COVID-19. Part IV then …

Lessons Learned From The Mountain Valley Pipeline: Can Nature's Rights Or Environmental Justice Be The New Mvps In Pipeline Litigation?, Caitlin Kwalwasser

William & Mary Environmental Law and Policy Review

This Note will provide an introduction and proscriptive application of two litigation strategies for future pipeline litigation by using the MVP [Mountain Valley Pipeline] as a case study: (1) environmental justice and (2) nature’s rights. To understand how these strategies differ from the present, Part I will first examine the primary way opponents sought to prevent construction in the case of the MVP: challenging agency findings. Then, Part II will provide context for the two proposed litigation strategies. Finally, Part III will describe possibilities for how these strategies might be employed to prevent the construction of future pipelines.

This Note …

Made In The Usa: A Prison Of Our Own Emissions: Examining The Carbon Footprint Of Mass Incarceration From A Global Perspective, Raina Machisen

William & Mary Environmental Law and Policy Review

Part I will address the concept of Mass Incarceration and carbon footprints. Part II will describe and compare the current energy consumption level of the United States’ prisons and carbon emissions with the United Kingdom’s prisons’ green infrastructure. Part III suggests potential prison programs that encourage both rehabilitation and carbon reduction. Part IV discusses the origins of Mass Incarceration, potential policy solutions to reduce prison populations, and the prospect of repurposing unused prisons.

This abstract has been taken from the author's introduction.

Physicists As Environmental Experts, Rachel Rothschild

Articles

The question of which scientists are qualified to provide expert guidance in legal controversies is a perennial debate among scholars, judges, and lawyers. Scientists who participate in legal disputes can achieve enormous power and influence, not only over the case at hand but over long-term developments in legal doctrine. While these issues arise in many areas of the law, environmental litigation has been a particularly active site of contestations over epistemic authority. Courts have frequently relied on scientists to understand whether the government is justified in regulating pollution and who may be liable for environmental and public health harms.

This …

From Shield To A Sword: Using The Dormant Commerce Clause To Challenge State Laws Promoting Fossil Fuels, James Crisafulli

University of San Francisco Law Review

No abstract provided.

Cleaning Our Hands Of Climate Washing: Promoting Corporate Responsibility With The European Union’S Corporate Sustainability Due Diligence Directive, Parker M. Jacobs

University of San Francisco Law Review

No abstract provided.

Landscape Intactness As A Necessary Component Of Multiple-Use And Sustained-Yield Management Of Bureau Of Land Management Public Lands, Matthew S. Dietz, Alison C. Flint, R. Travis Belote

Colorado Environmental Law Journal

No abstract provided.

Greenwashed Forest Management And Wildfire Resilience, Sarah A. Matsumoto

Colorado Environmental Law Journal

No abstract provided.

State Adoption Of A Constitutional Right To A Clean And Healthy Environment: Held V. Montana As A Success For Climate Litigation, Lara Andenoro

Colorado Environmental Law Journal

No abstract provided.

Dire Straits In The Gulf: Using The Endangered Species Act To Better Protect The World's Rarest Whale From Industrial Threats, Aidan Bodeo-Lomicky

Colorado Environmental Law Journal

No abstract provided.

Applying The Rights Of Nature To The Rights Of Animals: Comparing The Lake Erie Bill Of Rights To Happy The Elephant, Mason Liddell

Colorado Environmental Law Journal

No abstract provided.

Front Matter, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.

Editor's Note, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.

Mining Association Position Statement On Indigenous Peoples: Respect For Their Rights Advanced, With Some Shortcomings, S. James Anaya

Colorado Environmental Law Journal

No abstract provided.

Editor's Note, Emily Derrenbacker

Colorado Environmental Law Journal

No abstract provided.

Table Of Contents, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.

Interrogating Marine Plastics Pollution Regulations: The Intended Roles Of The Global Plastics Treaty, Ndubuisi Augustine Nwafor

Colorado Environmental Law Journal

No abstract provided.

Towards Multispecies Environmental Justice, Laura Street Cole

Colorado Environmental Law Journal

No abstract provided.