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Reflections on Dr. Lee’s Turning Participation Into Power
Turning Participation Into Power: A Water Justice Case Study presents a rich, conceptual framework with the Constituent Empowerment Model (CE Model) that mirrors the foundational work of Dr. Robert Bullard’s Environmental Justice Framework in its very community-centered perspective. The article also integrates the Jemez Principles as a practical approach to community oversight and accountability. Using Baltimore as a case study added much value to the topic, as the state of Maryland is known for more progressive legislation regarding environment; however, Prof.
Turning Participation Into Power: A Water Justice Case Study
This Article offers a revamped model of participatory governance—the Constituent Empowerment Model (CE Model)—which affirmatively shifts power to the voices of marginalized constituents so that they can influence governmental policy. To illustrate how a CE system might be constructed, the Article examines a model recently adopted in the city of Baltimore, Maryland, that is designed to shift the balance of power between the water utility and its customers.
Rocky Mountain Peace & Justice Center v. United States Fish and Wildlife Service
The Tenth Circuit affirmed dismissal of a challenge to FWS' 2018 decision to modify certain trails in the Rocky Flats National Wildlife Refuge. Community groups argued the modifications were significant and that FWS failed to prepare a supplemental EIS and relied on categorical exclusions based on a...
Center for Biological Diversity v. Raimondo
A district court granted summary judgment for conservation groups in a challenge to NMFS' 2021 issuance of a biological opinion (BiOp) and final rule concerning lobster fishing gear requirements and the endangered North Atlantic right whale. The groups argued the BiOp violated the ESA by allowing fo...
District 4 Lodge of the International Ass'n of Machinists and Aerospace Workers Local Lodge 207 v. Raimondo
The First Circuit vacated a district court order preliminarily enjoining NOAA's partial seasonal closure of a Maine lobster fishery to protect endangered North Atlantic right whales. A fishing union argued the closure was an arbitrary and capricious application of the Marine Mammal Protection Act, a...
American Forest Resource Council v. Williams
A district court dismissed a challenge to FWS rules delaying the effective date of a January 2021 rule that designated portions of Washington, Oregon, and California as critical habitat for the northern spotted owl. A trade group and counties throughout the Pacific Northwest sought to vacate the "de...
Center for Biological Diversity v. Haaland
A district court vacated a series of regulations enacted in 2019 that modified how FWS and NMFS implement the ESA. Environmental groups, states, and cities argued the regulations violated the ESA, the APA, and NEPA. FWS and NMFS moved to remand without vacatur, arguing vacatur would cause confusion ...