The recent dual crises of the COVID-19 pandemic and extreme heat in the Pacific Northwest have brought environmental injustices for food system workers into stark view. These events prompt us to reflect on how and why our existing laws, some of which expressly include environmental justice “tools,” failed to fully protect food system workers during times of crisis, and what changes we might implement to ensure that people employed in food system jobs are safe at their places of work. These events also revealed the need for proactive, prospective changes now before another crisis occurs; indeed, experts believe that global disease outbreaks and extreme heat events are likely to recur, and with greater frequency. 1 Using Oregon’s heat illness prevention rules as an illustration, this Article analyzes the extent to which heat standards to protect worker health and safety serve to further various aspects of environmental justice. Applying
{"title":"Environmental Justice for Food System Workers: Heat- Illness Prevention Standards as One Step Toward Just Transition","authors":"Sarah Matsumoto","doi":"10.58948/0738-6206.1865","DOIUrl":"https://doi.org/10.58948/0738-6206.1865","url":null,"abstract":"The recent dual crises of the COVID-19 pandemic and extreme heat in the Pacific Northwest have brought environmental injustices for food system workers into stark view. These events prompt us to reflect on how and why our existing laws, some of which expressly include environmental justice “tools,” failed to fully protect food system workers during times of crisis, and what changes we might implement to ensure that people employed in food system jobs are safe at their places of work. These events also revealed the need for proactive, prospective changes now before another crisis occurs; indeed, experts believe that global disease outbreaks and extreme heat events are likely to recur, and with greater frequency. 1 Using Oregon’s heat illness prevention rules as an illustration, this Article analyzes the extent to which heat standards to protect worker health and safety serve to further various aspects of environmental justice. Applying","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":"568 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132491439","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 Crimes in the Empire State: Analyzing the Criminal Enforcement of Environmental Law in New York","authors":"Joshua Ozymy, Melissa Jarrell Ozymy","doi":"10.58948/0738-6206.1861","DOIUrl":"https://doi.org/10.58948/0738-6206.1861","url":null,"abstract":"","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":"65 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132736902","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}
Federal agencies are increasingly requesting voluntary remands of challenged rules, thereby circumventing judicial review, and avoiding ever having to defend the merits of those rules. Courts routinely grant these extraordinary requests, often under the guise of saving judicial resources and giving agencies a second chance to reconsider. But voluntary remands come at a steep cost, particularly in the arena of environmental litigation. There, voluntary remands not only deprive litigants of their day in court, but can also subject them (and the broader public) to unlawful and inadequate rules that are causing serious environmental harm. Courts have long guarded against the inequitable consequences of voluntary remands by simultaneously vacating the challenged rules, even prior to a conclusive determination on the merits. That remedy—also known as pre-merits vacatur—falls well within the court’s broad equitable authority. It has, however, come under assault in recent years, particularly from industry groups who rarely profit from the court’s equitable discretion. So too, the Biden Administration has questioned the court’s ability to vacate Trumpera environmental regulations on voluntary remand, thereby prolonging those rules’ adverse environmental impacts. Some legal commentators have assumed, with little or no analysis, that court’s lack the authority to order pre-merits vacatur. This article sets the record straight and provides a complete defense of the court’s authority to order pre-merits vacatur as a condition of voluntary remand. The article also refutes misplaced * Stuart Gillespie is a senior attorney with Earthjustice, a non-profit environmental law firm. The opinions expressed in this article are his alone.
{"title":"Pre-Merits Vacatur: An Efficient, Equitable, and Environmentally Sound Remedy","authors":"S. Gillespie","doi":"10.58948/0738-6206.1857","DOIUrl":"https://doi.org/10.58948/0738-6206.1857","url":null,"abstract":"Federal agencies are increasingly requesting voluntary remands of challenged rules, thereby circumventing judicial review, and avoiding ever having to defend the merits of those rules. Courts routinely grant these extraordinary requests, often under the guise of saving judicial resources and giving agencies a second chance to reconsider. But voluntary remands come at a steep cost, particularly in the arena of environmental litigation. There, voluntary remands not only deprive litigants of their day in court, but can also subject them (and the broader public) to unlawful and inadequate rules that are causing serious environmental harm. Courts have long guarded against the inequitable consequences of voluntary remands by simultaneously vacating the challenged rules, even prior to a conclusive determination on the merits. That remedy—also known as pre-merits vacatur—falls well within the court’s broad equitable authority. It has, however, come under assault in recent years, particularly from industry groups who rarely profit from the court’s equitable discretion. So too, the Biden Administration has questioned the court’s ability to vacate Trumpera environmental regulations on voluntary remand, thereby prolonging those rules’ adverse environmental impacts. Some legal commentators have assumed, with little or no analysis, that court’s lack the authority to order pre-merits vacatur. This article sets the record straight and provides a complete defense of the court’s authority to order pre-merits vacatur as a condition of voluntary remand. The article also refutes misplaced * Stuart Gillespie is a senior attorney with Earthjustice, a non-profit environmental law firm. The opinions expressed in this article are his alone.","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116185288","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":"Silent Spring Revisited – Is it Time to Ban Lead? An Argument for a Federal Ban of the Use of Lead Ammunition for Hunting Game Pursuant to the Endangered Species Act","authors":"Jaclyn McBain Cohen","doi":"10.58948/0738-6206.1855","DOIUrl":"https://doi.org/10.58948/0738-6206.1855","url":null,"abstract":"","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122354166","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}
Progressive Property Theory scholars often point to historic preservation as an example of how property, itself, imposes an obligatory use. A historic structure’s public benefit justifies restrictions in available uses. To date, however, Progressive Property Theory has considered historic preservation only as it is applied in state and local regimes, forgoing an analysis of the federal structure under the National Historic Preservation Act. This article establishes a synergy between the underlying principles of Progressive Property Theory and federal historic preservation and suggests that federal historic preservation’s identification and incentivization structures model a process that could move Progressive Property Theory toward wider applications. Part I of this article explains the similarities between Progressive Property Theory and federal historic preservation. Using explicit textual comparisons between the foundational article on progressive theory (“A Statement of Progressive Property”) and the “purpose” section of the National Historic Preservation Act, this section demonstrates that federal historic preservation provides a model for putting progressive theory into practice. Part II differentiates state law and local historic preservation ordinances from federal law. Federal and local preservation regimes are commonly misunderstood to imply similar property restrictions. * Mr. Gieryn is an Attorney-Advisor with the U.S. Department of Housing and Urban Development (HUD). The views expressed in this writing do not reflect the views of HUD or the U.S. government. The research and information in this article reflect only the opinion of the author and do not reflect those of the U.S. government, HUD, or any other federal agency.
{"title":"Federal Historic Preservation's \"Place\" in Property Theory","authors":"Sam W. Gieryn","doi":"10.58948/0738-6206.1856","DOIUrl":"https://doi.org/10.58948/0738-6206.1856","url":null,"abstract":"Progressive Property Theory scholars often point to historic preservation as an example of how property, itself, imposes an obligatory use. A historic structure’s public benefit justifies restrictions in available uses. To date, however, Progressive Property Theory has considered historic preservation only as it is applied in state and local regimes, forgoing an analysis of the federal structure under the National Historic Preservation Act. This article establishes a synergy between the underlying principles of Progressive Property Theory and federal historic preservation and suggests that federal historic preservation’s identification and incentivization structures model a process that could move Progressive Property Theory toward wider applications. Part I of this article explains the similarities between Progressive Property Theory and federal historic preservation. Using explicit textual comparisons between the foundational article on progressive theory (“A Statement of Progressive Property”) and the “purpose” section of the National Historic Preservation Act, this section demonstrates that federal historic preservation provides a model for putting progressive theory into practice. Part II differentiates state law and local historic preservation ordinances from federal law. Federal and local preservation regimes are commonly misunderstood to imply similar property restrictions. * Mr. Gieryn is an Attorney-Advisor with the U.S. Department of Housing and Urban Development (HUD). The views expressed in this writing do not reflect the views of HUD or the U.S. government. The research and information in this article reflect only the opinion of the author and do not reflect those of the U.S. government, HUD, or any other federal agency.","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121836340","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}
While climate litigation has emerged as a tool to tackle rising emissions and its devastating consequences, climate litigation as a strategy and movement has yet to be thoroughly analyzed through the lens of movement lawyering. Thus, this paper seeks to draw from existing literature on movement lawyering to explore the relationship between climate litigation and movement lawyering principles, addressing separate yet related questions: What does it mean to be a movement lawyer working on climate change? How do principles of climate justice shape movement lawyering and thus, climate litigation? How do lawyers think about accountability to their clients and the broader climate movement? What, if any, are the implications of having climate change litigation that is not grounded on a movement lawyering model? INTRODUCTION ............................................................................. 3 I. UNPACKING THE CONCEPT OF MOVEMENT LAWYERING ............................................................................... 4 II. THE RISE OF CLIMATE CHANGE LITIGATION ........... 9 III. DISCUSSION ................................................................. 13 A. Litigation Inspired by Distributive Justice ...................... 15 B. Movement-driven litigation ............................................... 19 C. Tort litigation ..................................................................... 22 * J.D. Yale Law School, Visiting Assistant Professor of Human Rights at Trinity College (Fall 2021), Associate in Human Rights Practice at the University Network for Human Rights. Email address: camilabustos93@gmail.com. Mailing address: 55 Walnut St, Apt 5, New Haven, CT 06511.
虽然气候诉讼已成为解决不断上升的排放及其破坏性后果的工具，但气候诉讼作为一种战略和运动尚未通过运动律师的视角进行彻底分析。因此，本文试图借鉴运动律师的现有文献，探讨气候诉讼与运动律师原则之间的关系，解决独立但相关的问题:作为一名从事气候变化工作的运动律师意味着什么?气候正义原则如何塑造运动律师，进而影响气候诉讼?律师如何看待对客户和更广泛的气候运动的责任?如果有的话，不以运动律师模式为基础的气候变化诉讼意味着什么?介绍 .............................................................................3 i开箱律师运动的概念 ...............................................................................4二世。气候变化诉讼的兴起...........9三世。讨论 .................................................................13个。诉讼受到公平分配 ......................15 b Movement-driven诉讼 ...............................................19 c .侵权诉讼 .....................................................................22 *耶鲁大学法学院法学博士，三一学院人权客座助理教授(2021年秋季)，大学人权网络人权实践副研究员。邮箱:camilabustos93@gmail.com。邮寄地址:55核桃街，5楼，纽黑文，CT 06511。
{"title":"Movement Lawyering in the Time of the Climate Crisis","authors":"Camila Bustos","doi":"10.58948/0738-6206.1854","DOIUrl":"https://doi.org/10.58948/0738-6206.1854","url":null,"abstract":"While climate litigation has emerged as a tool to tackle rising emissions and its devastating consequences, climate litigation as a strategy and movement has yet to be thoroughly analyzed through the lens of movement lawyering. Thus, this paper seeks to draw from existing literature on movement lawyering to explore the relationship between climate litigation and movement lawyering principles, addressing separate yet related questions: What does it mean to be a movement lawyer working on climate change? How do principles of climate justice shape movement lawyering and thus, climate litigation? How do lawyers think about accountability to their clients and the broader climate movement? What, if any, are the implications of having climate change litigation that is not grounded on a movement lawyering model? INTRODUCTION ............................................................................. 3 I. UNPACKING THE CONCEPT OF MOVEMENT LAWYERING ............................................................................... 4 II. THE RISE OF CLIMATE CHANGE LITIGATION ........... 9 III. DISCUSSION ................................................................. 13 A. Litigation Inspired by Distributive Justice ...................... 15 B. Movement-driven litigation ............................................... 19 C. Tort litigation ..................................................................... 22 * J.D. Yale Law School, Visiting Assistant Professor of Human Rights at Trinity College (Fall 2021), Associate in Human Rights Practice at the University Network for Human Rights. Email address: camilabustos93@gmail.com. Mailing address: 55 Walnut St, Apt 5, New Haven, CT 06511.","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114559019","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":"A PACT for the Future: Improving Animal Protection Legislation for Captive Orcas","authors":"Emily Lively","doi":"10.58948/0738-6206.1859","DOIUrl":"https://doi.org/10.58948/0738-6206.1859","url":null,"abstract":"","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127240846","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":"Addressing Correlations Between Gender-Based Violence and Climate Change: An Expanded Role for International Climate Change Law and Education for Sustainable Development","authors":"A. Vithanage","doi":"10.58948/0738-6206.1850","DOIUrl":"https://doi.org/10.58948/0738-6206.1850","url":null,"abstract":"","PeriodicalId":136205,"journal":{"name":"Pace Environmental Law Review","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121574321","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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