HELR Online
Wildlife Law is a Local Issue, Too
by shunt
David M. Walsh*
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Introduction
The Supreme Court’s 1920 decision in Missouri v. Holland set wildlife law on a trajectory it follows to this day. In upholding the Migratory Bird Treaty Act against a Tenth Amendment challenge, Justice Holmes wrote that migratory birds “can be protected only by national action.” And intuitively, that makes sense: wild animals … [Read more…] about Wildlife Law is a Local Issue, Too
Applying Consumer Protection Basics to Greenwashing “Recyclability” Cases
by shunt
Alison Borochoff-Porte and John Cooper
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Recent lawsuits have challenged the marketing of certain single-use plastics as “recyclable,” where the products in question are unlikely to be recycled. These “recyclability” greenwashing cases reflect growing consumer consciousness about the environmental effects of purchaser spending. The challenges raise connected … [Read more…] about Applying Consumer Protection Basics to Greenwashing “Recyclability” Cases
Climate Change Adaptation and the Protection of Indigenous Peoples’ Land & Resources in Latin America
by shunt
By Terrence Neal*
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Scientists predict that climate change will adversely impact the ancestral lands of the approximately fifty million indigenous people inhabiting Latin America and thereby undermine the cultural survival and livelihoods of many indigenous communities. For example, in 2020, wildfires intensified by abnormal drought conditions linked to … [Read more…] about Climate Change Adaptation and the Protection of Indigenous Peoples’ Land & Resources in Latin America
Standing to Appeal Administrative Decisions in Massachusetts: A Game of Bait and Switch?
by shunt
Shaun A. Goho
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I. Introduction
Courts, commenters, and advocates express diverging views about the appropriate degree of stringency courts should apply when assessing the standing of plaintiffs asserting environmental interests. Regardless of where one stands on this issue, however, it should be uncontroversial that the rules governing access to the … [Read more…] about Standing to Appeal Administrative Decisions in Massachusetts: A Game of Bait and Switch?
Taking On “Now We’re Cooking with Gas”: How a Health-First Approach to Gas Stove Pollution Could Unlock Building Electrification
by shunt
Aaron Regunberg
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1. Introduction
It is no secret that segments of the climate and environmental justice movements sometimes find themselves in tension. Some climate advocates argue for prioritizing big-picture emissions reductions above all else. Many environmental justice groups have criticized “Big Green” organizations—such as Natural Resources Defense … [Read more…] about Taking On “Now We’re Cooking with Gas”: How a Health-First Approach to Gas Stove Pollution Could Unlock Building Electrification