Category Archives: Land use and Environment

Paul Kimani, ‘Book Review: Intellectual Property, Climate Change and Technology

Abbe Brown, Intellectual Property, Climate Change and Technology, 2019, Edward Elgar Publishing, 368pp, ISBN 9781788111102. Professor Abbe Brown’s insightful book, Intellectual Property, Climate Change and Technology, critically examines one of the predominant subjects of our times, climate change. Contemporary political viewpoints highlight the fact that climate change, indeed the very acceptance of its existence, is […]

‘Mineral rights: mudstone in mid-Wales’

“The Court of Appeal has handed down judgment in Wynne-Finch and Others v Natural Resources Body for Wales [2021] EWCA Civ 1473, upholding the first instance decision of Mrs Justice Falk ([2020] EWHC 1924 (Ch)). The case concerned the ownership and exploitation of mudstone, which is the prevailing bedrock in mid-Wales. The case sparked some […]

Anita Foerster, ‘Aligning Private Climate Risk Management to Paris Climate Goals? – An Australian Perspective’

ABSTRACT Climate change is now clearly recognised as a source of financial risk for private sector actors. In Anglo-American, common law jurisdictions like Australia, corporate law and prudential regulatory frameworks contain obligations to identify, disclose and manage material financial risks that can be applied to climate-related risks. These legal frameworks have served as a foundation […]

‘Rethinking the Fee Simple in Rural America’

Jessica A Shoemaker, ‘Fee Simple Failures: Rural Landscapes and Race’, 120 Michigan Law Review 1695 (2021). Newly released census data reveals that our rural places continue to shrink. The recent Intergovernmental Panel on Climate Change (IPCC) report cements that climate change is widespread and intensifying. The pandemic has hit hard in rural places, with outbreaks […]

Kotzé and Boggenpoel, ‘Living Together as Neighbours: Rethinking the Reasonableness Standard in Nuisance Law Under the Constitution’

ABSTRACT The Covid-19 pandemic, with its concomitant ‘stay at home’ catchphrase, has certainly made living together as neighbours in a constitutional dispensation more tangible. Conflicts between neighbours will inevitably increase, especially in a time when citizens from different social, cultural, customary or religious backgrounds and with different rights and interests are restricted to the boundaries […]

‘Fair Housing for a Non-Sexist Household’

Noah M Kazis, ‘Fair Housing for a Non-Sexist City’, 134 Harvard Law Review 1684 (2021). Noah Kazis opens his new article ‘Fair Housing for a Non-Sexist City’ with an ambitious question: ‘What would a non-sexist city be like?’ (p 1684). America’s ‘built environment’, Kazis explains, is a stubbornly sexist one (p 1687). Examples abound. Women […]

Lisa Benjamin, ‘Group Companies and Climate Justice’

ABSTRACT A string of corporate litigation cases in the United Kingdom highlights the role of corporate group structures in complicating efforts to impose liability on parent companies for the activities of their subsidiaries, particularly where those subsidiaries are located in the Global South. Corporate group structures serve to insulate parent companies against liability for actions […]

Andrea Nervi, ‘From the Emissions Trading System to the Role of Private Law in Environmental Protection. Notes for Research’

ABSTRACT The essay moves from a description of the emission trading system, as regulated by international agreements and European directives, focusing on the measures contemplated therein. Starting from these premises, two aspects come to attention: first, the interaction between private and public law instruments in the construction and functioning of the market mechanisms; second, the […]

Morath, Thompson and Hamilton, ‘Plastic Pollution Litigation’

ABSTRACT Given that there has been no legislative action on plastic pollution, advocates are turning to litigation to hold a variety of defendants – producers, transporters, manufacturers, and government officials – accountable for the harms associated with plastic. This article analyzes five lawsuits involving plastic pollution. This litigation has produced some favorable outcomes: Settlements have […]

Doran and Stratmann, ‘How Does Liability Affect Prices? Railroad Sparks and Timber’

ABSTRACT This paper analyzes how judicially-determined liability assignments affect valuations and prices. On two occasions in 2007, a railway company caused a fire to break out in the State of Washington. The two fires burned down some of the neighboring properties’ timber. These two incidents led to two companion court cases that made it all […]