Environmental Law and Policy/Governance
Protecting the Right to Environment: The Roles of Judicial Commissions and Special Masters
Author
Umair Saleem
Author Bios (long)

Dr. Umair Saleem has an S.J.D. and LL.M. in environmental law from Pace University’s Elisabeth Haub School of Law.

Date
December 2024
Volume
54
Issue
12
Page
11058
Type
Articles
Summary

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
Update Type
Committee Name
Committee on Transportation and Infrastructure
Sponsor Name
Higgins
Sponsor Party Affiliation
R-La.
Issue
1
Volume
55
Update Issue
33
Update Volume
54
Congress Number
118
Congressional Record Number
170 Cong. Rec. H6026

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.

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