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.
Revisiting the Fertilizer Industry: A Response to Lopez
This Comment responds to an article published in the February 2022 issue of ELR by Jaclyn Lopez. It discusses the significant agricultural benefits afforded by phosphate fertilizers; summarizes the U.S.
State Protections of Nonfederal Waters: Turbidity Continues
This Comment examines the legal framework for state protection of nonfederal waters and its implications for cooperative federalism. After a brief overview and legal background, it identifies some recent state actions that attempt to fill gaps in coverage created by changes in federal interpretations of the Clean Water Act. It then summarizes the current scope of state regulation of waters in every state, in order to discern the likely impact of changes at the federal level on the status of waters in the states.
Louisiana v. Biden
A district court permanently enjoined the Biden Administration from implementing a "stop" on new oil and gas lease sales on public lands or in offshore waters in thirteen states—Alabama, Alaska, Arkansas, Georgia, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah, and West...