The Rise of 'Greenwashing' Class Action Litigation
Greenwash is a verb defined by the Marriam-Webster Dictionary; “to make (something, such as a product, policy, or practice) appear to be more environmentally friendly or less environmentally damaging than it really is”. The environmentalist Jay Westervelt, coined the term in a law review article in 1986 describing marketing that intentionally deceived consumers into thinking a product or company was sustainable. Today, Greenwashing has become part of the colloquial language, especially used in response to companies that utilize green slogans and advertising to attract sustainability conscious consumers.
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Major Victory for Climate Litigants in Montana
Climate activists gained a major victory in the fight against climate change this year in the case Held v. Montana. This case was the first of its kind to reach trial in the US and could pave the way for future climate litigation. The case hinged on the right to a clean and healthful environment, which is protected as a fundamental right in Montana’s Constitution.
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Ongoing Climate Litigation in the ECHR
The European Court of Human Rights (ECHR) recently conducted a hearing for an ongoing climate litigation case that may have significant impact around the world. The case was brought by six Portuguese youths against the 33 member states of the Council of Europe, and accuses the governments of failing to protect against the increasing impacts of climate change. Complainants assert that this failure to address human-caused climate change has violated their fundamental rights as guaranteed under the European Convention on Human Rights (“the Convention”). Respondents have challenged the admissibility of the case, as well as the Complainants’ status as victims of climate change.
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The Impact of the Renewable Energy Rush on Indigenous Peoples
Indigenous peoples’ lands and territories constitute at least 28% of the global land surface. Indigenous people represent 5,000 unique cultures worldwide, and they protect 80% of the world’s remaining biodiversity. At the same time, despite having contributed the least to climate change, many indigenous people will experience the most drastic impacts from it if humans don’t ramp up renewable energy production rapidly and worldwide. Yet is it possible to do so without repeating the atrocities of the past or worsening indigenous peoples’ circumstances in the present?
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Limiting Tribal Environmental Protections
On August 4th, 2021, wild rice sued the Minnesota Department of Natural Resources (DNR) in the White Earth Tribal Court. Wild Rice sued the Minnesota DNR for its issuance of a permit to the Canadian corporation Enbridge to construct a tar sands oil pipeline from Alberta, Canada to Lake Superior. The pipeline was proposed to cross lands ceded to the United States government by the Chippewa Tribe and lands that the Chippewa tribe still retained treaty rights on to gather wild rice and other aquatic plants.
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Do we have a Human Right to a Clean Environment?
Is the right to a clean environment a protected human right? According to the United Nations and a collection of youth plaintiffs in lawsuits across the U.S., the answer is yes. If so, then the door is opening to a new approach to climate justice litigation, based on pre-existing treaties and state constitutions, that could change the way environmental justice advocates approach their work. This spring and summer, several important cases will be tried that could set the precedent for whether or not this approach will work.
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Unearthing Injustice: The Toxic Legacy of Uranium Mining
Located about 20 miles outside of Albuquerque, NM, the Laguna Pueblo finds itself the victim of the nuclear beast. For about 30 years, the Pueblo hosted one of the world’s largest open-pit uranium mines, contributing to about half of the uranium supply used by the United States for nuclear weapons from the Grants Mineral Belt. The result is generations of health defects and the destruction of a land that many indigenous people called home.
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Rainbow Political Theory
How do we see nature?
To some, nature exclusively describes those parts of the Earth which are inhuman, effectively separating human activity from the “natural world.” Others find no such distinction, viewing humans and their perceived concepts as part and parcel with what we describe as nature.
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RECA and the Tularosa Downwinders
The Radiation Exposure Compensation Act (“RECA”) was passed in 1990 to provide compensation for those who were affected by or participated in nuclear weapons testing and individuals who were exposed to high levels of radiation as uranium miners. It is scheduled to sunset in July 2022, exactly 77 years after the first test of a nuclear weapon deep in the desert of New Mexico.
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Fleeing the Coming Storm: The Guiding Principles as a Roadmap for Climate Displacement
On Sunday, August 29, 2021, Hurricane Ida struck Louisiana as a Category 4 Hurricane, tearing through southern Louisiana towards Baton Rouge and New Orleans with over 150mph winds. By the next day, more than one million Louisianians were without power. The storm killed 82 people across 8 states and left destruction in its wake, like on Grand Ilse, Louisiana where 40-50% of houses disappeared.
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Green Gentrification
Green spaces and green infrastructure such as parks, bike trails, and greenways are vital for livable cities. Access to high-quality outdoor green spaces has significant impacts on the health of individuals and communities alike. These areas also increase biodiversity, manage stormwater, prevent heat islands, regulate emissions, foster social connections, and encourage healthy lifestyles. Some green spaces filter air, reduce noise, replenish groundwater, and even provide food. Urban trees absorb airborne pollutants from the atmosphere and provide shaded, cooler areas that reduce heat-related risks for city residents.
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When Waters Rise and Deserts Crawl
Among the many executive orders made in President Biden’s time in office thus far is Executive Order 14013. Aimed at rebuilding and expanding refugee policy and resettlement in the first post-Trump year, section 6 specifically requests a report on climate change and the ways that it affects migration. This inclusion highlights an important aspect of environmental activism and environmental justice: where will people go as climate change worsens?
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Climate Effects on Communities of Color: An ABA Black History Month Discussion
Colonialism is known to be a physical exploitation system; people were forcibly taken from their homes and put into slavery. However, colonialism was also an economic extractive system (e.g., natural resources were taken from African countries), and responsible for a lot of the wealth countries have today
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Systematic Racism and Environmental Justice: An ABA Black History Month Discussion
On February 3rd, 2021, the ABA Section of Civil Rights and Social Justice hosted a program titled When Race and the Environment Collide: The Impact on Systematic Racism on Environmental Justice. The goal of the program was to examine the impact of structural and systematic racism on the environment; topics included the water crisis in Flint, Michigan and the consequences of Trump’s southern border wall.
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Special Opinion Piece: The Colors of Climate Justice
It is okay to write with the benefit of hindsight. This is what history is, revisiting the past with a hope for the future.
When I started writing this piece, over twenty-five million people in the world had contracted the novel coronavirus (COVID-19) and at least eight-hundred and forty-four thousand deaths had been recorded. The bitter truth is there will be many more.
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