Agricultural Exceptionalism, Environmental Injustice, and U.S. Right-to-Farm Laws
While the environmental justice movement has gained traction in the United States, the relationship between agri-food systems and environmental injustices in rural areas has yet to come into focus. This Article explores the relationship between U.S. agricultural exceptionalism and rural environmental justice through examining right-to-farm laws.
Rising Tides-Toward a Federal Climate Resilience Fund
Climate impacts in the United States disproportionately fall on low-income communities and communities of color. As the costs of climate adaptation mount, municipalities and states have brought litigation against fossil fuel companies to recover for extensive damage caused by climate change. Drawing on lessons from previous tobacco and asbestos suits, this Article argues that damages litigation—while properly heard in state courts—has significant shortcomings as an equitable climate change adaptation strategy.
Caremark and ESG, Perfect Together: A Practical Approach to Implementing an Integrated, Efficient, and Effective Caremark and EESG Strategy
This Article, adapted from Leo E. Strine Jr., Kirby M. Smith, and Reilly S. Steel, Caremark and ESG, Perfect Together: A Practical Approach to Implementing an Integrated, Efficient, and Effective Caremark and EESG, 106 Iowa L. Rev. 18853 (2021), and used with permission, proposes a way of thinking about "EESG" that promotes ethical, fair, and sustainable behavior without heaping additional work on already-stretched employees and directors.
Holding Polluters Accountable in Times of Climate and COVID Risk: The Problems With “Emergency” Enforcement Waivers
This abstract is adapted from Victor B. Flatt, Holding Polluters Accountable in Times of Climate and COVID Risk: The Problems With “Emergency” Enforcement Waivers, 12 San Diego J. Climate & Energy L. 1 (2021), and used with permission.
Director Engagement: Necessary for ESG Success
Leo Strine, Kirby Smith, and Reilly Steel make an important contribution to the corporate governance literature.
Board Oversight in ESG—Evolving Trends in the Era of Increasing Disclosure Requirements
In Caremark and ESG, Perfect Together: A Practical Approach to Implementing an Integrated, Efficient, and Effective Caremark EESG Strategy, Leo Strine and co-authors frame a board’s duty of oversight for environmental, social, and governance (ESG) issues in light of the common-law duties articulated under Caremark. The landmark Caremark decision articulated that corporations and their directors have a duty to implement and monitor compliance programs to ensure that the company honors its legal obligations.
Dual-Purpose Outreach to Enhance Public Participation in Environmental Decisionmaking
This Comment is based on an edited transcription of Chandra Taylor-Sawyer’s remarks at the Environmental Law and Policy Annual Review conference. See 2021-2022 Environmental Law and Policy Annual Review Conference, available at https://www.eli.org/ environmental-law-policy-annual-review/2021-2022-ELPAR-conference.