Pace Environmental Law Review最新文献_第3页

Environmental Justice for Food System Workers: Heat- Illness Prevention Standards as One Step Toward Just Transition 食品系统工人的环境正义:热病预防标准是迈向公正过渡的一步

Pace Environmental Law Review Pub Date : 2023-01-20 DOI: 10.58948/0738-6206.1865

Sarah Matsumoto

引用次数: 0

Cumulative Impact Analysis in NEPA Climate Assessments NEPA气候评估中的累积影响分析

Pace Environmental Law Review Pub Date : 2022-10-02 DOI: 10.58948/0738-6206.1860

Fred Mauhs

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Green Crimes in the Empire State: Analyzing the Criminal Enforcement of Environmental Law in New York 帝国州的绿色犯罪:纽约环境法刑事执法分析

Pace Environmental Law Review Pub Date : 2022-10-02 DOI: 10.58948/0738-6206.1861

Joshua Ozymy, Melissa Jarrell Ozymy

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Pre-Merits Vacatur: An Efficient, Equitable, and Environmentally Sound Remedy 诉前撤销:一种有效、公平和无害环境的补救办法

Pace Environmental Law Review Pub Date : 2022-10-02 DOI: 10.58948/0738-6206.1857

S. Gillespie

{"title":"Pre-Merits Vacatur: An Efficient, Equitable, and Environmentally Sound Remedy","authors":"S. Gillespie","doi":"10.58948/0738-6206.1857","DOIUrl":"https://doi.org/10.58948/0738-6206.1857","url":null,"abstract":"Federal agencies are increasingly requesting voluntary remands of challenged rules, thereby circumventing judicial review, and avoiding ever having to defend the merits of those rules. Courts routinely grant these extraordinary requests, often under the guise of saving judicial resources and giving agencies a second chance to reconsider. But voluntary remands come at a steep cost, particularly in the arena of environmental litigation. There, voluntary remands not only deprive litigants of their day in court, but can also subject them (and the broader public) to unlawful and inadequate rules that are causing serious environmental harm. Courts have long guarded against the inequitable consequences of voluntary remands by simultaneously vacating the challenged rules, even prior to a conclusive determination on the merits. That remedy—also known as pre-merits vacatur—falls well within the court’s broad equitable authority. It has, however, come under assault in recent years, particularly from industry groups who rarely profit from the court’s equitable discretion. So too, the Biden Administration has questioned the court’s ability to vacate Trumpera environmental regulations on voluntary remand, thereby prolonging those rules’ adverse environmental impacts. Some legal commentators have assumed, with little or no analysis, that court’s lack the authority to order pre-merits vacatur. This article sets the record straight and provides a complete defense of the court’s authority to order pre-merits vacatur as a condition of voluntary remand. The article also refutes misplaced * Stuart Gillespie is a senior attorney with Earthjustice, a non-profit environmental law firm. The opinions expressed in this article are his alone.","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116185288","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Silent Spring Revisited – Is it Time to Ban Lead? An Argument for a Federal Ban of the Use of Lead Ammunition for Hunting Game Pursuant to the Endangered Species Act 《寂静的春天》重现——是时候禁止铅了吗?根据《濒危物种法》，联邦政府应禁止在狩猎中使用铅弹

Pace Environmental Law Review Pub Date : 2022-10-02 DOI: 10.58948/0738-6206.1855

Jaclyn McBain Cohen

引用次数: 1

What Lies Beneath: USMCA Chapter 24 and Sub-National Governance of Environmental Issues 下面是什么:美墨加贸易协定第24章和地方环境问题治理

Pace Environmental Law Review Pub Date : 2022-10-02 DOI: 10.58948/0738-6206.1858

A. Harrington

引用次数: 0

Federal Historic Preservation's "Place" in Property Theory 联邦历史保护在财产理论中的“地位”

Pace Environmental Law Review Pub Date : 2022-10-02 DOI: 10.58948/0738-6206.1856

Sam W. Gieryn

{"title":"Federal Historic Preservation's \"Place\" in Property Theory","authors":"Sam W. Gieryn","doi":"10.58948/0738-6206.1856","DOIUrl":"https://doi.org/10.58948/0738-6206.1856","url":null,"abstract":"Progressive Property Theory scholars often point to historic preservation as an example of how property, itself, imposes an obligatory use. A historic structure’s public benefit justifies restrictions in available uses. To date, however, Progressive Property Theory has considered historic preservation only as it is applied in state and local regimes, forgoing an analysis of the federal structure under the National Historic Preservation Act. This article establishes a synergy between the underlying principles of Progressive Property Theory and federal historic preservation and suggests that federal historic preservation’s identification and incentivization structures model a process that could move Progressive Property Theory toward wider applications. Part I of this article explains the similarities between Progressive Property Theory and federal historic preservation. Using explicit textual comparisons between the foundational article on progressive theory (“A Statement of Progressive Property”) and the “purpose” section of the National Historic Preservation Act, this section demonstrates that federal historic preservation provides a model for putting progressive theory into practice. Part II differentiates state law and local historic preservation ordinances from federal law. Federal and local preservation regimes are commonly misunderstood to imply similar property restrictions. * Mr. Gieryn is an Attorney-Advisor with the U.S. Department of Housing and Urban Development (HUD). The views expressed in this writing do not reflect the views of HUD or the U.S. government. The research and information in this article reflect only the opinion of the author and do not reflect those of the U.S. government, HUD, or any other federal agency.","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121836340","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Movement Lawyering in the Time of the Climate Crisis 气候危机时期的运动律师

Pace Environmental Law Review Pub Date : 2022-10-02 DOI: 10.58948/0738-6206.1854

Camila Bustos

{"title":"Movement Lawyering in the Time of the Climate Crisis","authors":"Camila Bustos","doi":"10.58948/0738-6206.1854","DOIUrl":"https://doi.org/10.58948/0738-6206.1854","url":null,"abstract":"While climate litigation has emerged as a tool to tackle rising emissions and its devastating consequences, climate litigation as a strategy and movement has yet to be thoroughly analyzed through the lens of movement lawyering. Thus, this paper seeks to draw from existing literature on movement lawyering to explore the relationship between climate litigation and movement lawyering principles, addressing separate yet related questions: What does it mean to be a movement lawyer working on climate change? How do principles of climate justice shape movement lawyering and thus, climate litigation? How do lawyers think about accountability to their clients and the broader climate movement? What, if any, are the implications of having climate change litigation that is not grounded on a movement lawyering model? INTRODUCTION ............................................................................. 3 I. UNPACKING THE CONCEPT OF MOVEMENT LAWYERING ............................................................................... 4 II. THE RISE OF CLIMATE CHANGE LITIGATION ........... 9 III. DISCUSSION ................................................................. 13 A. Litigation Inspired by Distributive Justice ...................... 15 B. Movement-driven litigation ............................................... 19 C. Tort litigation ..................................................................... 22 * J.D. Yale Law School, Visiting Assistant Professor of Human Rights at Trinity College (Fall 2021), Associate in Human Rights Practice at the University Network for Human Rights. Email address: camilabustos93@gmail.com. Mailing address: 55 Walnut St, Apt 5, New Haven, CT 06511.","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114559019","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

A PACT for the Future: Improving Animal Protection Legislation for Captive Orcas 面向未来的公约:改善圈养逆戟鲸的动物保护立法

Pace Environmental Law Review Pub Date : 2022-10-02 DOI: 10.58948/0738-6206.1859

Emily Lively

引用次数: 0

Addressing Correlations Between Gender-Based Violence and Climate Change: An Expanded Role for International Climate Change Law and Education for Sustainable Development 解决性别暴力与气候变化之间的相关性:国际气候变化法和可持续发展教育的扩大作用

Pace Environmental Law Review Pub Date : 2021-06-15 DOI: 10.58948/0738-6206.1850

A. Vithanage

引用次数: 0