The Role of Private Liability in the Fight Against Climate Change

Parties have increasingly turned to courts both to seek redress for current climate-related harms and to compel states and private actors to reduce their future GHG emissions. As a result, courts around the world have been faced with the task of defining the proper role of the judiciary in fighting climate change. In the United States, however, many courts have had difficulty defining the judiciary’s proper role in providing redress for climate-related harms, especially in relation to comprehensive federal regulation of air pollution under the Clean Air Act (CAA). Considering the uncertainty surrounding the preemptive effect of the CAA on climate change actions under state law, this article investigates the proper role of private tort law in relation to public regulation in the search for climate justice and GHG mitigation. It argues not only that state tort law claims survive under the CAA but also suggests that providing a cooperative system of private law alongside public regulation is the most effective way for the judicial system to address the harms caused by climate change

The Formula for “Sustainable” Tuna

Tuna is one of the most popular types of seafood. But in today’s market, consumers want more than just good taste; they want to know that the food they eat is sustainably sourced. A major obstacle plaguing the tuna industry and hindering sustainability is bycatch—the incidental catch of non-target species. To begin, this paper will provide an overview of the history and inherent problems of tuna fishing, and the existing public laws and regulations, both at the national and international level, that govern fisheries. Next, this paper will identify private environmental governance initiatives undertaken by the industry to fill the gaps in public law and reduce bycatch. Then, a comparison of the practices of the big three U.S. actors—StarKist Co., Bumble Bee Seafoods, and Chicken of the Sea—against the practices of three brands consistently deemed “sustainable”—Wild Planet, American Tuna, and Whole Foods 365—will reveal that the environmental sustainability of a tuna company is dependent on two factors: fishing method and fishery certification. Ultimately, this paper will argue that a sustainable tuna company is one that sources its products from fisheries certified by the Marine Stewardship Council and uses pole and line, troll, or handline gear, which result in minimal bycatch

NGO Partnerships Providing Legitimacy to Private Environmental Governance

The climate crisis is one of the most pressing issues our world faces today. Traditionally, the government has been the actor to facilitate change in the environmental governance realm. However, an absence in comprehensive environmental action and legislation has led to the emergence of another framework—private environmental governance. Private environmental governance allows actors from the private sector to fill the gaps of government inaction on environmental issues and lead the sustainability movement. A concern of private action is the absence of legitimacy, which can come with government action. Thus, private companies can choose to engage in partnerships with nongovernmental organizations (NGOs) for their actions to have a legitimacy framework. While these business-NGO partnerships have their drawbacks, they ultimately provide a conducive foundation and system that can adapt to criticism and respond to an increase in demand for sustainable actions

Prison Privatization and its Impacts on Inmate Quality of Life: An Analysis Through Logan\u27s Eight Dimensions Model

This capstone paper delves deeply into the ramifications of prison privatization on inmates\u27 quality of life in contracted immigration detention facilities. With the increasing inclination towards privatizing correctional institutions, especially immigration detention centers, a rigorous evaluation is indispensable to ascertain the ramifications of such privatizations on the welfare of incarcerated individuals. In this exploration, Logan\u27s quality of confinement model is meticulously applied to selected immigration detention centers to scrutinize the living conditions and reveal profound insights into the quality of life experienced by inmates. This model allows a structured assessment of various dimensions such as safety, order, care, activity, management, justice, conditions, and design within the confines of the selected facilities, providing a comprehensive perspective on the living conditions therein. This encompassing exploration exposes the contradiction between the pursuits of profit maximization and the commitment to delivering quality services in privatized immigration detention environments. The analysis reveals intricate and nuanced repercussions, highlighting the detrimental aspects of prison privatization within the realm of immigration detentions, and illuminates the inherently conflicting interests and the impact on the provision of essential services and the well-being of detainees. Finally, the study\u27s findings are crucial, enhancing understanding and informing future discourse, policy formulation, and practices about privatizing correctional institutions and immigration detention centers

TFPA, Wildfire Mitigation, and the Dissemination of Indigenous Knowledge

The United States is experiencing a multitude of environmental issues across the country, including increasingly frequent and disastrous wildfires. Simultaneously, Indigenous persons are demanding their right to self-sovereignty and working to preserve intergenerational Indigenous Knowledge including cultural burning practices. Cultural burning is a practice of many Indigenous tribes that help environments and the species that comprise them, foster and grow. To further help tribes with their mission in keeping Indigenous Knowledge alive and to reduce the frequency and severity of destructive wildfires, this article argues the federal government should amend federal acts to provide Indigenous tribes with a greater opportunity to employ their traditional practices in subject matters the tribes have pertinent experience with. As a starting point, this article will address how the Tribal Forest Protection Act (TFPA) can be amended to enhance the opportunity for tribes to practice cultural burning. Additionally, I will discuss the impacts of both historic and current federal government wildfire mitigation practices, particularly fire suppression, in the United States. Then, I will address how the federal government can amend the TFPA to increase the frequency and extent of Indigenous cultural burning practices on federal lands by expanding the definition of lands covered by the Act, providing programs for tribes, and specifically defining cultural burning terms to help ensure maximum use of cultural burning practices that could help mitigate worsening wildfire conditions

Arbitrators of Environmental Disputes: The Guardians of Natural Resources

According to the International Energy Agency, to achieve net zero emissions by 2050, global investment in clean energy must more than triple, reaching $4 trillion. More investments in technology for clean energy and infrastructure means more transactions across major industries. This inevitably translates to the potential for more disputes, including environmental concerns. Most energy related disputes are predicted to arise in the oil and gas sector, the power generation sector, and the offshore renewable sector. Arbitration presents an appealing option to efficiently resolve these emerging conflicts. This paper highlights the growing importance of arbitration in resolving environmental disputes. To explore how this balancing of interests has evolved, Part II of the paper tracks the trends in arbitral proceedings to safeguard natural resources and Part III analyzes the benefits and challenges of using arbitral proceedings in environmental disputes. Finally, the paper explores the effects of a new trend in arbitration for the safeguarding of natural resources in Part IV before concluding that sustainability concerns have risen to the forefront of the global agenda, leading arbitrators to be caught in the triangular relationship between investors, states, and indigenous communities. This gives them the opportunity to act as guardians of sustainable investments and consider SDGs in their awards

LGBTQ+ Individuals’ Experiences of Involuntary Disclosure

Within the LGBTQ+ community, the coming out process is not only considered a primary milestone, but also a complex, individualized experience. Researchers have found that individuals’ coming out experiences vary drastically depending on their age of coming out as well as on others’ responses, settings of disclosure, and level of comfort with one’s own sexual orientation. LGBTQ+ individuals experience their own internal coming out process to further understand their sexual orientation before they can engage in the external coming out process; all of which impacts their decision of whether to disclose their sexual orientation. A common fear within the LGBTQ+ community is involuntary disclosure. Throughout the literature, LGBTQ+ individuals, both adults and adolescents, express their concern of having their LGBTQ+ identity involuntarily disclosed. Although this is a common phenomenon within the LGBTQ+ community, there is minimal, if any, research on the experience and impact of involuntary disclosure (Eliason, 1996; Ragins, 2008; Marasco & Astramovich, 2021; Tuite et al., 2021). Thus, leading to the literary gap and research question: What are the lived experiences of LGBTQ+ individuals whose sexual orientation was involuntarily disclosed? Members of the LGBTQ+ community (N = 14) who experienced involuntary disclosure completed in-depth, semi-structured interviews to better understand this phenomenon. While these participants’ identities and experiences were unique and varied, some of their experiences remained the same. Findings indicate that involuntary disclosure is a psychologically distressing experience of one’s LGBTQ+ identity being disclosed, questioned, or assumed without their prior knowledge, preparation or consent

Religious Queer Trans-Nationalism: A Zine and Theory

From the author: The relationship between religion and its institutions, sexuality, and gender is both historically and personally complex, and the intricacy and discourse between these constructs disproportionally affects religious queer and transgender communities. The Divine Transgender concept, embraced by a growing community of proudly religious trans and gender non-conforming people, views bodies that identify with these categories as enlightened to break down restrictive gender binaries and undergo a spiritual self-realization process in the form of transition, becoming closer to God during the journey. This zine aims to creatively and imaginatively manage these relationships and educate about the ways religions have affirmed and embraced queer identities historically.https://digitalcommons.pace.edu/student_zines/1012/thumbnail.jp

Indigenizing the Right to a Healthy Environment

The most severe impacts resulting from environmental degradation are experienced by already-vulnerable populations, including Indigenous peoples. A growing number of countries are formally recognizing the basic human right to a healthy environment, which can help realize environmental and climate justice for these communities. On July 28, 2022, the United Nations General Assembly passed a landmark resolution formally recognizing the human right to a clean, healthy, and sustainable environment. The adoption of this resolution represents a pivotal moment in the understanding and implementation of a human rights-based approach to protecting the environment. However, it is important to recognize that historically, Indigenous peoples have recognized and practiced the principles that make up the contemporary concept of a human right to a healthy environment. The unique relationship Indigenous peoples have with the environment and their traditional knowledges are increasingly being recognized and can help inform further efforts to implement the right to a healthy environment by countries that have yet to do so, such as the United States. This Article begins by defining the human right to a healthy environment. The Article then outlines how the right to a healthy environment was secured at the international level. Such efforts have often involved the successful merger of Indigenous values, environmental law, and human rights, resulting in a harmony of equitable and productive environmental governance. The Article subsequently examines the potential implementation of this right within the United States and what Tribal Nations have to contribute to the dialogue. Indigenous communities have been and are instrumental in advancing laws and policies aimed at reducing environmental and climate injustices. Accordingly, the Article concludes with recommendations on how Indigenous voices can continue to be elevated and the basic human right to a healthy environment obtained for all

When to Save the Baby: A Fundamental Conditions Approach

Parents and physicians often grapple with the agonizing decision of whether to continue life-sustaining treatment for critically ill infants. In this paper, we introduce a novel framework called the Fundamental Conditions Approach (FCA) to guide these difficult choices. Building on S. Matthew Liao’s work, the FCA evaluates whether an infant possesses or can develop the fundamental capacities necessary for engaging in basic activities that constitute a good life. These capacities include the ability to think, respond to facts, develop interpersonal relationships, and interact with one’ environment. We argue that if an infant lacks nearly all of these fundamental capacities and medical interventions cannot restore them, there are stronger ethical grounds for withdrawing life-sustaining treatment. Conversely, if an infant retains some fundamental capacities or could develop them with treatment, there are compelling reasons to continue care. To illustrate its practical and ethical implications, we apply the FCA to complex cases such as Tinslee Lewis and other infants with severe congenital conditions. We also compare the FCA with other prevailing models, including the best interest standard, the Life Worth Living Approach, the relational potential standard, and medical vitalism. We contend that the FCA offers more concrete guidance while avoiding some of the limitations inherent in these alternatives. While the FCA cannot eliminate all uncertainty in these challenging situations, we conclude that it provides a substantive and intuitively plausible approach to decision-making about life sustaining treatment for critically ill infants