{"title":"Examining Uranium Mining in the Canyon Mine","authors":"Kasha Halbleib","doi":"10.58948/0738-6206.1872","DOIUrl":"https://doi.org/10.58948/0738-6206.1872","url":null,"abstract":"","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123959427","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Farmers across the country are increasingly discovering devastating levels of per- and poly-fluoroalkyl substances (PFAS) contamination in their soil, water, and farm products from the spread of biosolid fertilizer. Contamination from these “forever chemicals” is causing farmers to close their businesses, lose their incomes and property values, and confront potential ad- verse health effects from toxic exposure. PFAS are not federally regulated, leaving farmers with no options for federal assistance with contamination crises. This article examines federal regulations that govern the spread of biosolids as well as existing and proposed federal regulations of PFAS. To fill in federal regulatory gaps, this article proposes federal policy recommendations to prevent and remediate PFAS contamination of farmland and provide financial assistance, medical monitoring, and mental health services for affected farmers.
{"title":"Fatal Fertilizer: PFAS Contamination of Farmland from Biosolids and Potential Federal Solutions","authors":"Molly Carey","doi":"10.58948/0738-6206.1870","DOIUrl":"https://doi.org/10.58948/0738-6206.1870","url":null,"abstract":"Farmers across the country are increasingly discovering devastating levels of per- and poly-fluoroalkyl substances (PFAS) contamination in their soil, water, and farm products from the spread of biosolid fertilizer. Contamination from these “forever chemicals” is causing farmers to close their businesses, lose their incomes and property values, and confront potential ad- verse health effects from toxic exposure. PFAS are not federally regulated, leaving farmers with no options for federal assistance with contamination crises. This article examines federal regulations that govern the spread of biosolids as well as existing and proposed federal regulations of PFAS. To fill in federal regulatory gaps, this article proposes federal policy recommendations to prevent and remediate PFAS contamination of farmland and provide financial assistance, medical monitoring, and mental health services for affected farmers.","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135553678","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This Note proposes legislation that provides an avenue for protecting the right to a clean and healthy environment by requiring agencies to consider vulnerable communities before initiating large-scale federal projects. Part I lays out the emergence of environmental justice issues in the United States, including its turning point. Part II introduces both successful and failed attempts at federal environmental justice legislation and analyzes why federal environmental justice legislation continuously fails. Part III discusses how executive environmental justice action becomes pointless to the overall progression of environmental justice and examines President Biden’s progress in the first year of his presidency. Finally, Part V proposes specific language Congress should include in the proposed legislation and asserts why congressional action is the correct avenue for substantive environmental justice legislation. Part V additionally compares three governing documents — the National Environmental Policy Act, Executive Order 12898, and the New Jersey Environmental Justice law — to the proposed legislation in this Note.
{"title":"Death by Committee: Reviving Federal Environmental Justice Legislation to Mitigate Disproportionate Impacts on Vulnerable Communities","authors":"Sara Babcock","doi":"10.58948/0738-6206.1869","DOIUrl":"https://doi.org/10.58948/0738-6206.1869","url":null,"abstract":"This Note proposes legislation that provides an avenue for protecting the right to a clean and healthy environment by requiring agencies to consider vulnerable communities before initiating large-scale federal projects. Part I lays out the emergence of environmental justice issues in the United States, including its turning point. Part II introduces both successful and failed attempts at federal environmental justice legislation and analyzes why federal environmental justice legislation continuously fails. Part III discusses how executive environmental justice action becomes pointless to the overall progression of environmental justice and examines President Biden’s progress in the first year of his presidency. Finally, Part V proposes specific language Congress should include in the proposed legislation and asserts why congressional action is the correct avenue for substantive environmental justice legislation. Part V additionally compares three governing documents — the National Environmental Policy Act, Executive Order 12898, and the New Jersey Environmental Justice law — to the proposed legislation in this Note.","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120950612","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Fast Fashion Industry: Formulating the Future of Environmental Change","authors":"Alexandros Maratos","doi":"10.58948/0738-6206.1873","DOIUrl":"https://doi.org/10.58948/0738-6206.1873","url":null,"abstract":"","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122811976","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Bearing the Torch: A Green New Deal for New York State Agriculture","authors":"John H. Hornickel","doi":"10.58948/0738-6206.1866","DOIUrl":"https://doi.org/10.58948/0738-6206.1866","url":null,"abstract":"","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129396071","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Green Unionism and Human Rights: Imaginings Beyond the Green New Deal","authors":"Chaumtoli Huq","doi":"10.58948/0738-6206.1867","DOIUrl":"https://doi.org/10.58948/0738-6206.1867","url":null,"abstract":"","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126583476","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Shifting Away From Coal Power: Prioritizing Ratepayers and Communities vs. Shareholders?","authors":"S. Gamper-Rabindran","doi":"10.58948/0738-6206.1864","DOIUrl":"https://doi.org/10.58948/0738-6206.1864","url":null,"abstract":"","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126396597","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Tackling the climate crisis requires transitioning from fossil fuel to clean energy, which will necessarily have a significant impact on jobs and the economy overall. The impact of this shift has sometimes been feared as a development that will be harmful to workers and the economy. Fossil fuel jobs are seen as good jobs--well-paid jobs with good benefits and protections--while the emerging clean energy industry has not yet uniformly embraced a highroad employment model. But workers’ rights and environmental concerns are not fundamentally incompatible. There are many policies and tools that can be and are being harnessed to bring about a “just transition,” ensuring that the emerging clean energy sector provides high quality jobs and that needs of current fossil fuel workers are also adequately addressed. These policies exist at the intersection of workers’ rights and environmental policy. † Executive Director of the State Energy & Environmental Impact Center and Adjunct Professor of Law at New York University School of Law. †† Director of the State and Local Enforcement Project at the Harvard Law School Labor and Worklife Program, and Senior Fellow at the Economic Policy Institute. The authors gratefully acknowledge Peter Morgan, senior attorney with the Sierra Club’s Environmental Law Program, for sharing his expertise on bankruptcy law and providing feedback on an earlier draft. The authors also benefitted greatly from discussing this topic with Sharon Block, Vonda Brunsting, Karen Cacace, Mariah Dignan, Dana Johnson, Zoe Lipman, Walter (Terry) Meginniss, Jonathan Munro-Hernandez, Manveer Sandhu, Dr. Lara Skinner, and Dr. Carol Zabin. We are grateful for the excellent research assistance and comments of Samantha Mehring, Tess Cobrinik, Fatima Ibrahiem, Mohamed Oday, and Colin Parts. All errors are the authors’ own. A version of our recommendations in this Article are included in A Role for State Attorneys General in a Just Transition, a Report authored by us and Tiernaur Anderson, issued in December 2022 by the Harvard Labor and Worklife Program and State Energy & Environmental Impact Center, available at https://stateimpactcenter.org/files/A-Role-forState-Attorneys-General-in-a-Just-Transition.pdf.
{"title":"Examining the Role of AGs in a Just Transition","authors":"Bethany Davis Noll, Terri Gerstein","doi":"10.58948/0738-6206.1868","DOIUrl":"https://doi.org/10.58948/0738-6206.1868","url":null,"abstract":"Tackling the climate crisis requires transitioning from fossil fuel to clean energy, which will necessarily have a significant impact on jobs and the economy overall. The impact of this shift has sometimes been feared as a development that will be harmful to workers and the economy. Fossil fuel jobs are seen as good jobs--well-paid jobs with good benefits and protections--while the emerging clean energy industry has not yet uniformly embraced a highroad employment model. But workers’ rights and environmental concerns are not fundamentally incompatible. There are many policies and tools that can be and are being harnessed to bring about a “just transition,” ensuring that the emerging clean energy sector provides high quality jobs and that needs of current fossil fuel workers are also adequately addressed. These policies exist at the intersection of workers’ rights and environmental policy. † Executive Director of the State Energy & Environmental Impact Center and Adjunct Professor of Law at New York University School of Law. †† Director of the State and Local Enforcement Project at the Harvard Law School Labor and Worklife Program, and Senior Fellow at the Economic Policy Institute. The authors gratefully acknowledge Peter Morgan, senior attorney with the Sierra Club’s Environmental Law Program, for sharing his expertise on bankruptcy law and providing feedback on an earlier draft. The authors also benefitted greatly from discussing this topic with Sharon Block, Vonda Brunsting, Karen Cacace, Mariah Dignan, Dana Johnson, Zoe Lipman, Walter (Terry) Meginniss, Jonathan Munro-Hernandez, Manveer Sandhu, Dr. Lara Skinner, and Dr. Carol Zabin. We are grateful for the excellent research assistance and comments of Samantha Mehring, Tess Cobrinik, Fatima Ibrahiem, Mohamed Oday, and Colin Parts. All errors are the authors’ own. A version of our recommendations in this Article are included in A Role for State Attorneys General in a Just Transition, a Report authored by us and Tiernaur Anderson, issued in December 2022 by the Harvard Labor and Worklife Program and State Energy & Environmental Impact Center, available at https://stateimpactcenter.org/files/A-Role-forState-Attorneys-General-in-a-Just-Transition.pdf.","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130735884","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Green Transitions in a COVID Economy","authors":"Nicholas S. Bryner","doi":"10.58948/0738-6206.1863","DOIUrl":"https://doi.org/10.58948/0738-6206.1863","url":null,"abstract":"","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133711995","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"What Makes It a Just Transition? A Case Study of Renewable Rikers","authors":"Rebecca M. Bratspies","doi":"10.58948/0738-6206.1862","DOIUrl":"https://doi.org/10.58948/0738-6206.1862","url":null,"abstract":"","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127393842","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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