Protecting the Right to Environment: The Roles of Judicial Commissions and Special Masters
This Article addresses the pressing need for six “green states”—New York, Hawaii, Illinois, Massachusetts, Montana, and Pennsylvania—to adopt quasi-judicial mechanisms for enforcement of their constitutional right to environment. It analyzes the challenges and limitations of traditional litigation in enforcing this right, and compares the special master system in the United States with environmental judicial commissions in Pakistan. It advocates for an expanded role of special masters in environmental litigation with diverse functions, including investigation, mediation, environmental monitoring, technical and scientific advisory, public participation, and consensus-building among different stakeholders, to ensure comprehensive and effective environmental protection. It argues that courts in these green states could pioneer this approach, setting a precedent for other jurisdictions internationally and ultimately strengthening environmental protection globally.
H.R. 10134
would establish a Commission on Federal Natural Disaster Resilience and Recovery to examine and recommend reforms to improve the efficiency and effectiveness of the federal government's approach to natural disaster resilience and recovery.
H.R. 10121
would establish youth advisory councils for the purpose of providing recommendations to EPA, DOI, DOE, USDA, and the Department of Commerce with respect to environmental issues as those issues relate to youth communities.
H.R. 10087
would amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide for certain procedures following the declaration of a major disaster.
H.R. 1586
would allow the Secretary of the Interior and the Secretary of Agriculture to use a fire retardant, chemical, or water for fire suppression, control, or prevention activities.
H.R. 10070
would amend the Flood Control Act of 1946 with respect to emergency streambank and shoreline protection.
H.R. 10046
would require the submission of the Vehicle Choice Report by the Secretary of Commerce and increase the clean vehicle tax credit, the previously-owned clean vehicle credit, and the alternative fuel refueling property tax credit.
H.R. 10005
would establish a process to expedite the review of appeals of certain decisions by DOI.
H.R. 10023
would establish within EPA's Office of Land and Emergency Management the Office of Mountains, Deserts, and Plains.
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