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.
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.
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.
In Environmental Citizen Suits and the Inequities of Races to the Top, David E. Adelman and Jori Reilly-Diakun provide a cogent empirical analysis of citizen suits aimed at assessing whether these statutory causes of action are meeting the intent of the U.S. Congress to serve as a layer of protection against lax federal or state enforcement of environmental laws.
This Comment is based on an edited transcription of Howard Learner'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.
Citizen suits are filed disproportionately in a small number of states with robust environmental programs. This bias magnifies disparities across states both directly, by ensuring that standards and procedures are followed in favored states, and indirectly, by driving development with significant environmental impacts towards states in which citizen suits are rare and enforcement is less rigorous.
This Comment provides an empirical snapshot of the environmental legal literature for the 2020-2021 academic year, as well as information on the top articles chosen for re-publication by the Environmental Law and Policy Annual Review (ELPAR), which is published by the Environmental Law Reporter in partnership with Vanderbilt University Law School.
The Iowa Supreme Court, 4-3, affirmed a summary judgment order dismissing a landowner's nuisance, trespass, and drainage claims against a neighboring confined animal feeding operation (CAFO). The neighboring CAFO moved for summary judgment based on the statutory immunity enacted in Iowa's "right-to-...
This Comment is adapted from Chapter 7 in Joshua Ozymy & Melissa Jarrell Ozymy, Toxic Intent: Environmental Harm, Corporate Crime, and the Criminal Enforcement of Federal Environmental Laws in the United States (ELI Press forthcoming 2022).
The Federal Circuit reversed a Court of Federal Claims ruling that the U.S. government was not liable for the flooding of homes near two Houston dams managed by the U.S. Army Corps of Engineers during Hurricane Harvey. Property owners downstream of the Addicks and Barker Dams argued that the governm...