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Environmental racism, American exceptionalism, and Chilly Battle human rights

OAS headquarters in Washington Carmen Gonzalez lately posted “Environmental Racism, American Exceptionalism, and Chilly Battle Human Rights”. The summary: Environmental justice students and activists coined the phrases “environmental racism” to explain the disproportionate focus of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted home authorized treatments (or having concluded that these treatments are unavailable), communities of shade in the US are more and more turning to worldwide human rights regulation and…

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Charles Wilkinson

Robert Fischman lately posted “Wringing Surprise from the Arid Panorama of Legislation”. The summary: Charles Wilkinson Charles Wilkinson’s estimable contribution to public land regulation scholarship is extensively cited however solely partly understood. From the mid-1970s to the mid-1980s he upended the sphere by elevating the diffuse public curiosity, displacing creation and adjudication of personal property pursuits as the sphere’s focus. Nevertheless, his subsequent scholarship grappled with an much more necessary problem that has been far…

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Digital Library VI: The Legal guidelines of England Referring to Public Well being (1848)

This weeks addition to the digital library of historic environmental regulation is Joshua Toulmin Smith's The Legal guidelines of England Referring to Public Well being, revealed in London by S. Candy in 1848. The complete title continues: Together with an Epitome of the Legislation of Nuisances, Police, Highways, Waters, Water Programs, Coroners, Burial, &c. Relating Thereto; with an Historic Evaluate of the Legislation of Sewersl and an Examination of the Proposed Measure of Sanatory* Laws Now…

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Indian water rights, federal water rights, and state courts

Ed Mendoza of the Gila River Indian Neighborhood, Arizona (photograph: Monica Almeida/NYT) Dylan Hedden-Properly not too long ago posted “The Legislative Historical past of the McCarran Modification: An Effort to Decide Whether or not Congress Meant for State Courtroom Jurisdiction to Prolong to Indian Reserved Water Rights”, revealed in Environmental Legislation. The summary: The 12 months 1976 marked a sea change in federal coverage concerning the therapy of American Indian tribes and their water rights. In…

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Love Canal, CERCLA, and deregulation

This previous summer season H-Surroundings revealed a Roundtable Evaluation of Richard Newman's Love Canal: A Poisonous Historical past from Colonial Instances to the Current (OUP, 2016). An excerpt from Stephanie Malin's contribution: Whereas the Superfund Act [CERCLA] resulted from nationwide consciousness of Love Canal, and although Newman focuses on the success that laws represents, we conclude with a troubling denouement. Love Canal is now Black Village Creek, filling up with a brand new spherical of…

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Regulation within the Anthropocene? Perhaps not

Eric Biber lately posted a sequence at Authorized Planet primarily based on his current Georgetown Regulation Journal article, "Regulation within the Anthropocene Epoch" (summary beneath). The Anthropocene, for individuals who have by some means missed this buzzword, is (in keeping with its proponents–it has but to be formally adopted) a brand new epoch, by which the indicators of human modifications to the planet are seen within the geologic document. The article and weblog posts comprise a helpful catalog…

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Leisure battle on British rivers

Wastwater, the Lake District, England(Canoekayak,com) Rounding out protection of September’s concern of Water Historical past, Marianna Dudley revealed “Muddying the waters: leisure battle and rights of use of British rivers”. The summary: Rivers have traditionally been areas of recreation, along with work, commerce, and sustenance. As we speak, a number of teams (anglers, canoeists, rowers, swimmers) vie for the leisure use of rivers in Britain. However, this paper argues, authorized definitions of rights of use haven’t…

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Water rights V: Public rights

(Persevering with the collection on water rights🙂 No matter property regime applies to water, the general public usually retains sure rights within the useful resource. Thus, for example, in American regulation, although a river’s water could also be owned by riparian landowners or appropriators, the federal authorities retains a “navigation servitude” within the water with which non-public homeowners (and states) can not intervene (Trelease, 1965). Joseph Sax Current many years have seen a lot dialogue…

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Scalia’s "takings" legacy

John Echeverria just lately posted “Antonin Scalia’s Flawed Takings Legacy”. The summary: This essay provides a typically damaging appraisal of the importance of Justice Antonin Scalia’s work on the takings difficulty throughout his tenure on the Supreme Courtroom. Whereas Justice Scalia was a visual advocate for increasing the scope of regulatory takings doctrine, and his opinion for the Courtroom in Lucas v. South Carolina Coastal Council represents an vital precedent, the totality of Scalia’s takings…

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