Should Environmental Protection Be Through Anthropocentric Rights?,
2023
Pace University
Should Environmental Protection Be Through Anthropocentric Rights?, Christen Maccone
Pace Environmental Law Review
Environmental constitutional rights are increasingly used as a strategy to protect the environment, with more than seventy countries acknowledging environmental rights in their constitutions. However, constitutions are inherently anthropocentric, making environmental rights created therein of- ten inseparable from human rights. This paper will examine how environ- mental constitutional rights are insufficient due to the anthropocentric nature of constitutions and argue for the need for a more biocentric approach.
The Constitutional Public Trust In A Warming World,
2023
New England Law | Boston
The Constitutional Public Trust In A Warming World, Sean Lyness
Pace Environmental Law Review
The public trust doctrine—a state-specific doctrine that entrusts certain natural resources to the state to hold for the public—most often exists as a common law doctrine. But a handful of states have constitutionalized their version of the public trust. A growing body of jurisprudential evidence shows the constitutional public trust in action—or not—against climate change. This Article examines these cases brought by governmental plaintiffs—states and local governments—investigating whether constitutionalizing the public trust has made a difference. Although the results are nascent, early signs suggest that a constitutional public trust can result in more comprehensive and aggressive law- suits when wielded …
Reading Between The Lines Of The Ira + Iija Power Gaps,
2023
Suffolk University Law School
Reading Between The Lines Of The Ira + Iija Power Gaps, Steven Ferrey
Pace Environmental Law Review
Two major pieces of legislation enacted during the Biden Administration – the 2021 Infrastructure Investment and Jobs Act (IIJA) and the 2022 Inflation Reduction Act (IRA) – devote hundreds of billions of dollars over the next decade to rapidly increase electrification throughout the United States. While this legislation provides substantial investment in infrastructure, it also demands action from different legal regulators. Renewable energy occupies a much larger land footprint than traditional electric power production. And land-use under the Tenth Amendment is within local and state, rather than federal, jurisdiction. To date, U.S. local land use regulation frustrates such national legislation. …
The Green Amendment: Assessing The Latest Tool In The Environmental Tool Belt,
2023
Pace University Haub School of Law
The Green Amendment: Assessing The Latest Tool In The Environmental Tool Belt, Carolyn Drell, Mia Petrucci
Pace Environmental Law Review
In the new edition of Maya K. van Rossum’s book, The Green Amendment: The People’s Fight for a Clean, Safe, and Healthy Environment, she presents the case for adopting green amendments protecting environmental rights into state constitutions and the Federal Constitution. This book review examines van Rossum’s arguments and raises legal concerns that prevent green amendments from providing a silver bullet solution to environmental harms. Despite these concerns that will likely resonate with practitioners, van Rossum increases the accessibility to the topic of green amendments for a wider audience, which is ultimately a net win for environmental advocacy.
Haitian Climate Migrants: Heralds Of The United States’ Unprepared Immigration System,
2023
University of Miami School of Law
Haitian Climate Migrants: Heralds Of The United States’ Unprepared Immigration System, Noah Rust
University of Miami Inter-American Law Review
This note explores the complex relationship between climate change and Human migration, and the ensuing complications for the United States immigration scheme. Climate change can both directly and indirectly contribute to human migration, yet the United States’ regulatory scheme is unprepared for this reality and its consequences. Through analyzing several separate migratory events in Haiti, the specific failures of the United States status quo immigration systems become clearer. Further, the note will identify frameworks that could offer relief to climate-related migrants.
Sovereign Lands,
2023
University of Oklahoma College of Law
Sovereign Lands, Brent D. Chicken, Amanda J. Dick
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Wyoming,
2023
University of Oklahoma College of Law
Wyoming, John R. Chadd
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
West Virginia,
2023
University of Oklahoma College of Law
West Virginia, Andrew S. Graham
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Virginia,
2023
University of Oklahoma College of Law
Virginia, Zachary H. Barrett
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Utah,
2023
University of Oklahoma College of Law
Utah, Alan M. White
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Texas,
2023
University of Oklahoma College of Law
Texas, Melissa Munson, Matt Schlensker
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Tennessee,
2023
University of Oklahoma College of Law
Tennessee, Westley A. Ketron
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Pennsylvania,
2023
University of Oklahoma College of Law
Pennsylvania, Nathaniel I. Holland, Jon C. Beckman, Benedict J. Kirchner
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Oklahoma,
2023
University of Oklahoma College of Law
Oklahoma, Matt Schlensker, Sandra Fraley
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Ohio,
2023
University of Oklahoma College of Law
Ohio, Tim Mckeen, Melissa Grimes
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
North Dakota,
2023
University of Oklahoma College of Law
North Dakota, William J. Black
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
New York,
2023
University of Oklahoma College of Law
New York, Delainey Banks
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
New Mexico,
2023
University of Oklahoma College of Law
New Mexico, Blake C. Jones
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Nevada,
2023
University of Oklahoma College of Law
Nevada, Kevin Hivick
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Nebraska,
2023
University of Oklahoma College of Law
Nebraska, Sarah Trainer
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
