Abstract: The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.Because our publication focuses on reconciling the tensions found within our ecosystem, it spans a broad range of environmental issues such as sustainable development; trade; renewable energy; environmental justice; air, water, and noise regulation; climate change; land use, conservation, and property rights; resource use and regulation; and animal protection.The Sustainable Development Law & Policy Brief prints in accordance with the standards established by the Forest Stewardship Council® (FSC®) that are designed to eliminate habitat destruction, water pollution, displacement of indigenous peoples, and violence against people and wildlife that often accompanies logging. Achieving FSC Certification requires that every step of the printing process, from lumber gathering to transportation to printing to paper sorting, must comply with the chain of custody established by the FSC which runs a strict auditing system to maintain the integrity of their certification process.Currently, FSC certification is one of four methods a publisher can employ to ensure its publications are being produced using the best sustainable practices. It is the method practiced by our printer, HBP, Inc. (FSC Chain-of-Custody Certification: FSC® C010897).To purchase back issues please contact William S. Hein & Co. at hol@wshein.com. To view current and past issues of the publication please visit our website at http://www.sdlp.strikingly.com. Current and past issues are also available online through HeinOnline, LexisNexis, Westlaw, vLex, and the H.W. Wilson Company. Please note that Volume I and Volume II, Issue 1 are published as International and Comparative Environmental Law.Printed by HBP, Inc., Hagerstown, MD. PubDate: Wed, 23 Mar 2022 15:52:46 PDT
Authors:Olonyi Bosire Abstract: IntroductionThe source or initial crime in the illegal wildlife trade chain is mostly committed beyond the shores of North America and Europe. However, the two regions continue to be massive destination markets and key transit hubs for illegal wildlife products. Illegal trade networks are shadowy and therefore problematic to study. This helps explain the wide valuation of illegal wildlife trade currently estimated by the Global Environment Facility (“GEF”) as ranging between 7 and 23 billion dollars per annum.Policies and strategies to pre-empt or respond to illegal wildlife trade keep evolving as appreciation grows for the previously underestimated complexities, patterns and nuances of illegal wildlife trade (“IWT”). For instance, there now exists a broad consensus that illegal wildlife trade is a transnational organised crime and appropriate corresponding resources and efforts must be mustered to eliminate it. With that in mind, a declaration calling for dealing with illegal trade in wildlife as a serious transnational organized crime was signed by eighty countries during the 2018. PubDate: Wed, 23 Mar 2022 15:32:46 PDT
Authors:Sydney Helsel Abstract: H&M’s 2019 “Conscious Collection” promotional images juxtapose lush green gardens with a hazy city skyline in the background. The collection, which advertises itself as “[t]he short cut to sustainable choices,” is just one example of many fashion brands’ attempts to capitalize on the increased demand for sustainable products. Each year, the fashion industry consumes approximately ninety-three billion cubic meters of water and produces an estimated ten percent of the world’s carbon emissions. The environmental effects of the fashion industry can be seen in images of the dried up Aral Sea in Uzbekistan and in the dye and chemical filled black rivers of Dhaka, Bangladesh’s garment manufacturing districts.Fashion brands should be encouraged to reduce their impact on the environment but there is little oversight over the environmental claims they advertise. The burden of verifying the legitimacy of these environmental claims falls on the consumer. Case in point: in 2019, Norway’s Consumer Authority found that H&M’s sustainability and environmental benefit claims were not sufficiently explained by the brand and were misleading. In the United States, the Federal Trade Commission (“FTC”) occupies an analogous role of taking action against brands that advertise false or misleading claims. However, the closest the FTC has come to addressing greenwashing and unsubstantiated environmental benefit claims in the fashion industry was a series actions against retailers for marketing rayon fiber products as bamboo. PubDate: Wed, 23 Mar 2022 15:32:39 PDT
Authors:Theresa Geib Abstract: IntroductionThe ocean is an abundant resource; however, overutilization is becoming an increasing threat to biodiversity. Approximately 90% of the ocean’s fisheries are overexploited, fully exploited, or have collapsed entirely. The issue of overfishing arose in the mid-1900s after the industrialization of the fishing industry. Once dominated by local fishermen, the industry now features commercial fleets with the technology to locate, extract, and process large numbers of specific fish species. An early 2000s study reported that only 10% of large ocean fish remained after years of industrial fishing, including the highly migratory Pacific Bluefin Tuna (“PBT”).In 2016, the PBT was at a historical low –– only 2.6% of its unfished population size. In response, several environmental groups, led by the Center for Biological Diversity, petitioned the Secretary of Commerce through the National Marine Fisheries Service (“NMFS”), to list the PBT as endangered or threatened under the Endangered Species Act (“ESA”). NMFS, a division of the National Oceanic and Atmospheric Administration, issued a preliminary finding that listing may be warranted. Following the twelve-month review, the agency published in the Federal Register a finding that listing was not warranted. However, However, that finding was incorrect because it relied on regulations that perpetuate overutilization by mischaracterizing both fish stocks and reproductive potential, thus overestimating the species’ capacity to avoid extinction. PubDate: Wed, 23 Mar 2022 15:32:31 PDT
Authors:Xiaopu Sun et al. Abstract: IntroductionAs the world warms, the growing use of air conditioners (“ACs”) and other cooling equipment becomes essential for human comfort and public health. In addition, cooling-equipment energy and refrigerant consumption also presents tremendous climate mitigation opportunities. The most efficient ways to capture much of the climate benefit lie in the hands of a small number of AC manufacturing and exporting countries, including China, which manufactures over 80% of global room ACs with a large amount of this cooling equipment destined for export. This article highlights one of China’s policies, the “Same Line, Same Standard and Same Quality” policy (“Same-Line Policy” or “Policy”), intended to support economic recovery from the COVID-19 pandemic and address the export challenges that have negatively affected Chinese industries and products on the global market. Through the Policy, the Chinese government encourages manufacturers of consumer and industrial products to sell products within China that were produced for markets outside China according to standards exceeding those for products produced for the Chinese market. The Policy, and the associated information and business-platforms that the government established to ensure policy success, aim to improve the domestic economic situation through consumption of products previously destined for export markets but which are not being sold because of the economic downturn during the pandemic. Policies like these, representing a course of action that China’s leadership endorses, can drive changes in Chinese law, including changes that address loopholes in the law that allow environmentally harmful activities to continue. The Same-Line Policy provides an opportunity for global climate-mitigation, public health, and other benefits that should not be missed.In this article, Section II provides background on how China’s cooling industry situation presents a unique opportunity for climate change mitigation. Section III details a new climate strategy which applies the Same-Line Policy to cooling equipment, such as ACs (including energy-consuming AC components) exported by Chinese companies. In particular, the strategy will raise the efficiency of exported ACs to at least meet China’s minimum energy efficiency standards, particularly the products destined for importing countries that either lack any minimum energy performance standards for such products or have minimum energy performance standards which are lower than those applied to such products in China. Section IV explains how this strategy fits into China’s broader policy priorities such as development of a green “Belt and Road Initiative” (BRI) and promotion of “Made in China 2025.” The adoption of this strategy would eventually aid the AC industry in overcoming global trade barriers and advance its technical innovation. Section V identifies legal and policy options that would enable China’s application of its Same-Line Policy to AC exports. Section VI concludes with a set of key takeaways for policymakers and stakeholders. PubDate: Wed, 23 Mar 2022 15:32:23 PDT
Abstract: The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.Because our publication focuses on reconciling the tensions found within our ecosystem, it spans a broad range of environmental issues such as sustainable development; trade; renewable energy; environmental justice; air, water, and noise regulation; climate change; land use, conservation, and property rights; resource use and regulation; and animal protection.The Sustainable Development Law & Policy Brief prints in accordance with the standards established by the Forest Stewardship Council® (FSC®) that are designed to eliminate habitat destruction, water pollution, displacement of indigenous peoples, and violence against people and wildlife that often accompanies logging. Achieving FSC Certification requires that every step of the printing process, from lumber gathering to transportation to printing to paper sorting, must comply with the chain of custody established by the FSC which runs a strict auditing system to maintain the integrity of their certification process.Currently, FSC certification is one of four methods a publisher can employ to ensure its publications are being produced using the best sustainable practices. It is the method practiced by our printer, HBP, Inc. (FSC Chain-of-Custody Certification: FSC® C010897). To purchase back issues please contact William S. Hein & Co. at hol@wshein.com. To view current and past issues of the publication please visit our website at http://www.sdlp. strikingly.com. Current and past issues are also available online through HeinOnline, LexisNexis, Westlaw, vLex, and the H.W. Wilson Company. Please note that Volume I and Volume II, Issue 1 are published as International and Comparative Environmental Law. PubDate: Wed, 23 Mar 2022 15:32:16 PDT
Authors:Keanu Bader et al. Abstract: Dear Readers,The Sustainable Development Law & Policy Brief (SDLP) is celebrating twenty-one years of legal scholarship on issues related to environmental, energy, and international development law. We are honored to be the Editors-in-Chief at this pivotal moment in SDLP’s history. Over the past twenty one years, SDLP has addressed cutting-edge legal issues developing within international environmental law. This year is no different, as the COVID-19 Pandemic has impacted our communities, we rose to the challenge to continue to publish articles that push the limits of legal theory and policy, while giving a space for students to be involved in the conversation.This issue discusses environmental law with a 360 degree lens. We handpicked articles that ran the gamut from the fashion industry, to commercial fishing, to air conditioning units, and international wildlife trade. These articles show the wide-depth that is environmental law. We believed it to be important to showcase how environmental law can touch multiple industries and have a globalized impact with implications for decades to come. Our first article demonstrates the critical importance that air conditioning will have as the world warms. Our second article is an eye-opening look at the international illegal wildlife trade. Our features show how industries play a fundamental part in resource extraction and how legislation and progressive advocacy need to work together with industry to make development sustainable for decades to come. We hope that this issue makes you think twice about every product you buy and every company you support. We would like to thank all the article and feature authors for their insights and dedication to raising important legal issues.We would also like to thank the professors, e-board, staff, and publisher of SDLP for making this publication possible. SDLP is a team endeavor, so everyone’s effort is so appreciated. Finally, we would like to thank our readers, whose involvement and investment in SDLP are the reasons that we have been able to create this publication for twenty one years. PubDate: Wed, 23 Mar 2022 15:32:08 PDT
Authors:Bree Evans Abstract: IntroductionImagine you are seated at a nice restaurant down by the wharf where you live. You are celebrating a job offer, out for a romantic night with your partner, or just craving some salt air and a great meal. You would expect the shrimp tacos brought to your table to be fresh and local—the fishing boats are docked just across the boardwalk. But the seafood brought to your table seems off somehow, not quite the same as you remembered it. Unfortunately, this experience is more common than you might think, and it’s getting harder to know how fresh and local your seafood really is. The worldwide ubiquity of shrimp has made this kind of seafood particularly susceptible to consumer confusion as to the geographic origin and species of shrimp.This article will first look at the problem of shrimp labeling in the United States, will address the primary legal regimes under which shrimp is regulated, and will recommend the Food and Drug Administration adopt regulations mandating the use of species and geographic-origin labeling of shrimp. PubDate: Wed, 23 Mar 2022 15:31:48 PDT
Authors:Russell Armstrong Abstract: “[A]ll things share the same breath— the beast, the tree, the man …the air shares its spirit with all the life it supports.”Google “Chief Seattle” and you will likely find that quote. We now know it is a work of fiction after several misinterpretations and fabrications of Dr. Henry Smith’s original translation. We also know now that all people, particularly Black Americans, do not all breathe the same air. Instead, Black Americans and other underrepresented minorities are subjected to the toxic effects of climate change at increasingly disproportionate rates. Controlling for income, studies find racial identity is the most significant indicator of exposure to general pollutants and suspended particulates. This harsh reality is highlighted by new evidence, finding that many urban heat islands (UHIs) coincide directly with redlined neighborhoods, which were designated as “hazardous” to justify denying home loans and other services to the people living there because of their race.4 Some commentators believe this evidence could be used by environmental justice advocates to rectify the deleterious effects of racism in court through the Federal Housing Act (FHA). However, advocates have rarely used the FHA successfully to remedy environmental harms related to housing policy because it is difficult to prove discriminatory treatment or disparate impact. Therefore, while the FHA is not some silver bullet to bring about environmental reparations for past harms, data such as that from the Hoffman study showing how Black Americans and other underrepresented minorities are disproportionately impacted by environmental hazards can be used to advocate for more equitable conditions moving forward. PubDate: Wed, 23 Mar 2022 15:31:41 PDT
Authors:Lindsey Barringto Abstract: On March 18, 2019 California became the twentieth state to introduce Right to Repair legislation in one year. The policy objectives for Right to Repair are straightforward: advocate for federal and state laws that make it easier for owners of consumer goods to ix a device when it breaks rather than relying on the Apple store. However, since 2014, small farmers have joined the Right to Repair movement because major manufacturers, such as John Deere, have consolidated dealer networks in response to the consolidation of farming in the past decade.While proponents for Right to Repair legislation argue that consumers should be able to repair the electronics that they own, the introduction of farming equipment has complicated the landscape by comparing apples to oranges. Right to Repair bills have classified consumer goods and equipment broadly as digital electronic equipment containing “embedded software.” Accordingly, heavy and complex machinery that contain microprocessors, such as off-highway engines, marine vessels, construction, and farm equipment, are subject to Right to Repair legislation rooted in concerns about access to service information for mass-produced consumer electronics. PubDate: Wed, 23 Mar 2022 15:31:33 PDT
Authors:Marcel Apple Abstract: OverviewTraditionally, gentrification occurs when real estate prices appreciate, leading to significant cultural change in low-income communities and involuntary displacement of low-income residents. In recent years, Miami, Florida is beginning to feel the impacts of “climate gentrification.” High-income buyers, who historically develop property close to the ocean, are affected by rising sea levels and increasingly look inland to develop areas on higher ground. The influx of real estate investments in these is expected to lead to spiking home prices and property taxes, forcing many longtime community members to abandon their homes.Homeowners in these communities already report approaches from developers offering buyouts and relocation as renters are experiencing dramatic increases in rent. While the thought of relocating may be appealing to some, due to home prices increasing up to 1,121%, these trends have decreased the overall amount of affordable housing left in the city. As a result, victims of climate gentrification are increasingly forced to leave Miami due to the lack of affordable housing. This article will outline various precautionary initiatives, policy implications, and litigation avenues that should arise as a means to protect these vulnerable communities. PubDate: Wed, 23 Mar 2022 15:31:24 PDT
Authors:C. Mark Macneill Abstract: On August 28, 2017 Canada’s Prime Minister, Justin Trudeau committed to a renewed relationship with Indigenous Peoples based on the recognition of rights, respect, co-operation and partnership. To accomplish this mission, major structural changes in how the Government of Canada engages and relates with Indigenous peoples across the country were co-developed with indigenous, territorial and provincial partners to form a new Arctic Policy Framework (APF). This has had major implications of departmental transformation, particularly for the former Department of Indigenous and Northern Affairs (INAC), Nunavut. Regional Office (NRO), its staff, programs, and operations. PubDate: Wed, 23 Mar 2022 15:31:17 PDT
Authors:C. Mark Macneill Abstract: On July 15, 2019, Prime Minister Justin Trudeau’s legislation splitting Indigenous and Northern Affairs Canada (INAC) into two new departments and dissolving INAC came into effect. The same legislation also formally established the mandates of the two new departments, Crown-Indigenous Relations and Northern Affairs (CIRNAC) and Indigenous Services Canada (ISC). The Government of Canada passed the legislation to develop deeper relations and higher levels of collaboration with Canada’s Indigenous people to build stronger and healthier northern communities. Dovetailing with the splitting of INC, Prime Minister Justin Trudeau announce the Arctic Policy Framework (APF). The APF was co-developed with indigenous, territorial, and provincial partners. This new framework effectively replaced Canada’s Northern Strategy (2009) and the Statement on Canada’s Arctic Foreign Policy (2010). PubDate: Wed, 23 Mar 2022 15:31:09 PDT
Authors:Yeeun Uhm et al. Abstract: Simply put, air pollution kills. Each year, more than 5.5 million people die from illnesses caused by breathing polluted air worldwide. In 2013 alone, one in ten deaths globally were associated with air pollution. Such alarming statistics ought to provide governments a strong incentive to combat air pollution, but toxic air unrelentingly blankets places like New Delhi, Seoul, and Bangkok. Fundamentally, this may be because humans take the atmosphere for granted as a place to dump industrial waste. This article will discuss two alternative pathways to addressing transboundary air pollution between China and South Korea. One involves binding international dispute resolution based on the principles of Trail Smelter, and the other promotes deeper bilateral cooperation through consensus-building, transboundary environmental impact assessment, and private standard-setting. PubDate: Wed, 23 Mar 2022 15:31:01 PDT
Authors:David Hunter Abstract: This volume marks the 20th anniversary of Sustainable Development Law and Policy (SDLP) published by the students of American University’s Washington College of Law. SDLP was founded to explore the legal and policy dimensions of sustainable development (i.e. the simultaneous pursuit, or integration, of economic development, environmental protection, and social welfare). During its twenty years, SDLP has provided a forum for scholars, practitioners, and students to analyze the complex challenges to achieving economic and social justice within the constraints of our planet’s natural environment. From its first volume addressing liability for carbon trading, the regulation of genetically modified organisms, and the internationalization of the Amazon,1 to its most recent symposium exploring the link between air quality and environmental justice, SDLP has addressed contemporary, complex, and critical issues at the intersection of environment and the economy. PubDate: Wed, 23 Mar 2022 15:30:52 PDT
Authors:Sustainable Development Law; Policy Brief Abstract: The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.Because our publication focuses on reconciling the tensions found within our ecosystem, it spans a broad range of environmental issues such as sustainable development; trade; renewable energy; environmental justice; air, water, and noise regulation; climate change; land use, conservation, and property rights; resource use and regulation; and animal protection.The Sustainable Development Law & Policy Brief prints in accordance with the standards established by the Forest Stewardship Council (“FSC”) that are designed to eliminate habitat destruction, water pollution, displacement of indigenous peoples, and violence against people and wildlife that often accompanies logging. Achieving FSC Certification requires that every step of the printing process, from lumber gathering to transportation to printing to paper sorting, must comply with the chain of custody established by the FSC which runs a strict auditing system to maintain the integrity of their certification process. Currently, FSC certification is one of four methods a publisher can employ to ensure its publications are being produced using the best sustainable practices. It is the method practiced by our printer, HBP, Inc. (FSC Chain-of-Custody Certification: SWCOC-002553).To purchase back issues please contact William S. Hein & Co. at hol@wshein.com. To view current and past issues of the publication please visit our website at http://www.sdlp. strikingly.com. Current and past issues are also available online through HeinOnline, LexisNexis, Westlaw, vLex, and the H.W. Wilson Company. Please note that Volume I and Volume II, Issue 1 are published as International and Comparative Environmental Law. Printed by HBP, Inc., Hagerstown, MD. PubDate: Wed, 23 Mar 2022 15:30:44 PDT
Authors:Brianna DelDuca et al. Abstract: Dear Readers,This issue is a celebration of Sustainable Development Law & Policy Brief’s (SDLP’s) twentieth anniversary. It has been a privilege to oversee SDLP during this tumultuous time. Now more than ever, we need to focus on global ramifications of the human environment. Over the past twenty years, SDLP has discussed developing theories in international environmental law. While we are living in strange times, SDLP continues to be a place to discuss how humans interact with the environment.For this issue, we are celebrating twenty years by publishing articles and features that look at where the law of sustainable development is and where it is going. Professor David Hunter, who has been with SDLP since its inception, writes a look[ back at the past twenty years of developments in international environmental law By reviewing how the law has changed over the course of two decades, we can predict where the law needs to go to meet the challenges of decades to come.Our other articles provide insights into how modern environmental challenges will stretch North American federalism. The view from Canada shows how Arctic governance is changing with the melting of the northern polar ice cap and how indigenous populations are playing a key role in the new Arctic policies. The view from the United States explores the intersection between federalism, copyright law, and enforcement of the Clean Air Act. Both views illustrate how the federalist models of Canada and the United States are being confronted by new realities and technologies.We would like to thank all the article and feature authors for their insights and thoughtful analysis of legal issues. We would also like to thank the professors, e-board, staff, and publisher of SDLP for making this publication possible. Finally, we would like to thank our readers, whose involvement and investment in SDLP is the reason that we have been able to create this publication for twenty years.Cheers to twenty more great years! PubDate: Wed, 23 Mar 2022 15:30:36 PDT
Authors:Joan F. Chu Abstract: IntroductionPlastic pollution has attracted a tremendous amount of attention and press coverage in early 2021 as evidenced in news stories; an episode of John Oliver’s show, “Last Week Tonight”; and a viral tweet from Greta Thunberg highlighting a study linking plastic pollution to human penises shrinking. These eye-catching pieces stemmed from Dr. Shanna H. Swan’s work that culminated in her book, Count Down: How Our Modern World Is Threatening Sperm Counts, Altering Male and Female Reproductive Development, and Imperiling the Future of the Human Race. Other articles have highlighted plastic pollution’s impact on polar bears, which causes their penis bones to lose density and become vulnerable to fracturing when they attempt to procreate. The severity of plastic pollution has reached a critical tipping point. Plastic pollution is not just changing lifestyles; it is changing humans and nature on a biological level.The production and consumption of plastic is unsustainable for three reasons. First, the production of plastic is tied to fossil fuels, which are finite resources. Second, the emissions associated with plastic production and disposal contribute significantly to climate change. Third, plastic is unsustainable because it has no good place to go. Even when it can be recycled, which is not necessarily a given, it is often downcycled. This means that plastic recycled today is often turned into a product that cannot be recycled later. It is waste.The costs of fossil fuel extraction are evident in the large volume of oil and gas exploration and production undertaken nationwide. Production and incineration of plastics emits toxic chemicals into the air. According to a Center for International Environmental Law (“CIEL”) report, in 2030, emissions from the plastic lifecycle could hit 1.34 gigatons annually. CIEL notes that emissions-wise that figure equates to roughly 295 new 500-megawatt coal-fired power plants.9 Even plastics that make it to a recycling center are rarely given a second life. It is estimated that only 2.5% of U.S. plastics are ever recycled. The vast majority of plastic waste either accumulates in landfills or is incinerated, which contributes to increased CO2 emissions, exacerbates climate change and disproportionately impacts communities of color and the underserved. PubDate: Wed, 23 Mar 2022 15:16:12 PDT
Authors:Bailey Nickoloff Abstract: IntroductionIt would be in the best interest of the Interagency Bison Management Plan (“IBMP”) and its affiliated agencies to allow Tribal governments and Tribal members to hunt bison within Yellowstone National Park (“YNP”). This would help to reduce the spread of brucellosis, reduce the environmental impacts from bison in YNP, and honor the treaties signed between the United States and Tribal governments. These agencies can accomplish this by implementing treaty hunting rights in a new Environmental Impact Statement (“EIS”) and within an existing legal framework. PubDate: Wed, 23 Mar 2022 15:16:05 PDT
Authors:Jaclyn Troutner Abstract: “Tiny living” is a growing trend in which small-scale, ecoconscious housing is used as an alternative means for homeownership. Tiny homes are smaller than the average detached home with the appearance and character of a traditional freestanding residential home. They are one-story, single-occupant dwellings and usually constructed on a trailer base for towing. State-of-the-art building techniques provide a lower environmental burden and utility cost per square foot. Due to their smaller size, tiny homes are cheaper with an average price of $52,000, opening a wider door to home ownership. The typical design is to include all the standard amenities and aesthetical elements of the typical single-family home, but with a focus on hyper-efficiency in space utilization, all in about 225 square feet. The smaller size provides opportunity for a luxury aesthetic detached from the traditional enclosed apartment structure or condominium.Tiny homes are single-occupant dwellings, meaning they are stand-alone structures with permanent provisions for sleeping, cooking, eating, living, and sanitation. However, tiny homes are substantially smaller than a typical house, leading to confusion as to how to classify the structure within a jurisdiction’s existing building codes and zoning restrictions. PubDate: Wed, 23 Mar 2022 15:15:56 PDT
Authors:Rachel Keylon Abstract: IntroductionIn the middle of the twentieth century, there was a turning point in the United States and around the world in the understanding of the human relationship with the natural environment and natural resources. It was a shift from a perspective of natural resources endlessly available for exploitation to a perspective that natural resources are finite, and conservation and preservation are necessary to ensure that these resources are available for future generations. The accumulation of chronic environmental degradation, such as the unchecked proliferation of pesticides and other toxic chemicals, pollution to the nation’s waters, loss of land to erosion, the loss of public open spaces to development, etc. as well as major events such as the oil spill in Santa Barbara and the Cuyahoga River fire, spurred this shift in perspective. This elevated concern for the environment and natural resources led to the passage of the National Environmental Policy Act of 1969 (“NEPA”), which President Nixon signed into law on January 1, 1970 to launch the Decade of the Environment.NEPA declares that it is the national policy for the federal government to use “all practical means and measures” to ensure a sustainable balance between humans and the environment for “present and future generations,” and it requires all federal agencies to examine the environmental impacts of their actions, to consider alternative actions, and to make that information available to the public. NEPA also established the Council on Environmental Quality (“CEQ”) under the Executive Office of the President to lead research and policy on environmental quality issues and to ensure federal agencies are meeting their requirements under NEPA to consider the environmental impacts of their actions. PubDate: Wed, 23 Mar 2022 15:15:48 PDT
Abstract: The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.Because our publication focuses on reconciling the tensions found within our ecosystem, it spans a broad range of environmental issues such as sustainable development; trade; renewable energy; environmental justice; air, water, and noise regulation; climate change; land use, conservation, and property rights; resource use and regulation; and animal protection.The Sustainable Development Law & Policy Brief prints in accordance with the standards established by the Forest Stewardship Council® (FSC®) that are designed to eliminate habitat destruction, water pollution, displacement of indigenous peoples, and violence against people and wildlife that often accompanies logging. Achieving FSC Certification requires that every step of the printing process, from lumber gathering to transportation to printing to paper sorting, must comply with the chain of custody established by the FSC which runs a strict auditing system to maintain the integrity of their certification process.Currently, FSC certification is one of four methods a publisher can employ to ensure its publications are being produced using the best sustainable practices. It is the method practiced by our printer, HBP, Inc. (FSC Chain-of-Custody Certification: FSC® C010897).To purchase back issues please contact William S. Hein & Co. at hol@wshein.com. To view current and past issues of the publication please visit our website at http://www.sdlp.strikingly.com. Current and past issues are also available online through HeinOnline, LexisNexis, Westlaw, vLex, and the H.W. Wilson Company. Please note that Volume I and Volume II, Issue 1 are published as International and Comparative Environmental Law.Printed by HBP, Inc., Hagerstown, MD. PubDate: Wed, 23 Mar 2022 15:15:40 PDT
Authors:Juliette Jackson et al. Abstract: Dear Readers,For more than two decades, the Sustainable Development Law and Policy Brief (SDLP) remains true to its mission of providing innovative solutions to some of the most important legal issues related to environmental law, energy law, and natural resources law. We are honored to be the Editors-in-Chief during these unprecedented times in our history, as we witnessed a historical presidential election and now enter the third year of the COVID-19 global pandemic. Despite these unparalleled times, the SDLP staff brought our readership another great issue.In this issue, our authors provide an in-depth analysis into current regulations and the potential direction and solutions these regulations may take in the future. From ocean pollution, to the National Environmental Protection Act (NEPA), to tiny homes, and wildlife management, the challenges addressed in this issue have a rather narrow focus, but potentially broad impacts on our environment, both domestically and globally. The Keylon article outlines the impacts of NEPA in the time of the Trump Administration and how the Biden Administration has taken steps to restore NEPA regulations to pre-Trump standards. Keylon also takes it one step further and poses ways in which the Biden Administration can strengthen NEPA standards that would go beyond the pre-Trump standards. The Chu article describes society’s addiction to plastic and the damage it reaps on the health of our planet and the health of humans. Chu discusses these problems by calling on local, state, and federal governments to address the issues of plastics and waste, while simultaneously encouraging individuals to use their voice to enact change. Both articles provide hopeful and possible solutions by building on already-existing frameworks.We would like to thank all the article and feature authors for their insights and dedication to raising important legal issues. Also, we would like to thank the professors, executive board, staff, and publisher of SDLP for making this publication possible. SDLP is a team endeavor, and a team has never been more important than in the times of COVID-19, so everyone’s work is appreciated. Finally, we would like to thank our readers, whose involvement and investment in SDLP are the reasons that we have been able to create this publication for more than twenty years. PubDate: Wed, 23 Mar 2022 15:15:32 PDT
Open Access journal
[11 journals]
