Category Archives: Land use and Environment

Harshitha Satish, ‘The Valdez Oil Spill, Environmental Impact and Corporate Liability’

ABSTRACT Despite the 21st century being more educated, richer, healthier, peaceful and better connected than the previous centuries, a negligent happening of the past – Exxon Valdez oil-spill of 1989 – still looms, hovers and monitors our actions today. Though it is not the largest oil spill recorded, the impact on the Alaskan shoreline makes […]

‘Taking Governments to Court: Climate Litigation and its Consequences’

“The volume of climate cases brought against national governments is on the rise. In many such cases, courts have found in favour of those endeavouring to force states to radically improve on commitments to tackle the effects, and limit the extent, of anthropogenic climate change. Climate policymaking is not a matter for the judiciary, but […]

Rudresh Mandal, ‘Directors’ duties, CSR and the tragedy of the commons in India: Mutual coercion mutually agreed upon’

ABSTRACT This article argues that humanity is locked into a system culminating in the tragedy of the commons (ToC), and swift action is required to course-correct. Undeniably, companies are the single-largest users of natural resources. To that extent, this article puts forward two interrelated proposals on refining directors’ duties under Section 166 of the Indian […]

‘Combatting Climate Change: The Judicial Way’

“The warming of the planet as a consequence of large-scale emissions of greenhouse gases poses a serious threat to mankind. The changing climate will displace large numbers of people who now live in coastal or low-land areas, it will diminish the food-base in arid areas of the globe, and it will change the ecological balance […]

Korey Silverman-Roati, ‘US Climate Litigation in the Age of Trump: Full Term’

ABSTRACT In response to a presidential administration uniquely committed to climate deregulation, hundreds of litigants turned to the judiciary. At least 378 cases filed in courts across the United States responded to or interacted with the Trump administration’s agenda of climate deregulation. Of those, 89% aimed at climate protection or weakening climate deregulation and 11% […]

Tracy Hester, ‘Transnational Liability in US Courts for Environmental Harms Abroad’

ABSTRACT Modern energy and natural resource development has always been, at heart, a global enterprise. Energy companies and developers, by necessity, frequently work in far-flung locations scattered among nations with vastly different legal systems and environmental regulatory systems. If one of their operations causes spills or releases that injure the local environment, they can quickly […]

‘Laws of nature: could UK rivers be given the same rights as people?’

“The River Frome murmurs and babbles through the woods and fields of north Somerset. It is popular with anglers and wild swimmers but is often polluted with a cocktail of agricultural runoff, leading to frequent complaints from the public. In 2018, Frome Town Council tried to pass a bylaw giving part of the river and […]

Christine Klein, ‘Groundwater Exceptionalism: The Disconnect Between Law and Science’

ABSTRACT Most judges, legislators, and regulators would be hard-pressed to articulate a comprehensive legal theory of groundwater. And yet, this under-appreciated, over-used, life-sustaining resource plays an increasingly pivotal role in prominent legal controversies. In defiance of hydrologic reality, lawmakers have routinely singled out groundwater for unique treatment and decoupled it from surface water. This Article […]

Tracy Hester, ‘Climate Tort Federalism’

ABSTRACT This essay explores how judicial federalism principles can help organize and structure emerging state law climate tort initiatives. Rather than add to the debate on whether courts are institutionally suited to hear these claims in the first place, or whether federal or state courts would offer the better venue, this analysis instead simply assumes […]

Paul Babie, ‘Property in Indian Water: A Future Transformed by Climate’

ABSTRACT This article, which contains four parts, explores the ways in which climate change challenges the nature of property in Indian water. The first briefly recounts the ways in which control over surface freshwater is currently achieved in India. It focuses on the use of property as a concept for use in determining allocation, identifying […]