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How Algorithm-Assisted Decision Making Is Influencing Environmental Law and Climate Adaptation

After introducing the challenge of adapting water and energy systems to climate change, this Article synthesizes prior multidisciplinary work on algorithmic decision making and modeling-informed governance—bringing together the works of early climate scientists and contemporary leaders in algorithmic decision making. From this synthesis, this Article presents a framework for analyzing how well these tools integrate principles of equity, including procedural and substantive fairness—both of which are essential to democracy.

May 12, 2022
Sonya Ziaja

Meaningless Involvement: How Traditional Modes of Involvement Exclude Transgender People from Environmental Justice

This Article details how the marginalization of transgender people aggravates the environmental harms that they experience, thus demanding the proactive, facilitated involvement of the transgender community in environmental outreach and response. While transgender rights continue to achieve public acknowledgment, transgender people remain almost forgotten in scientific, policy, and legal literature concerning environmental inequities. This Article thus proposes a foundation of policy and practice to adopt a more queerand transgender-inclusive perspective for meaningful involvement in environmental law in order to safeguard the lives of transgender people that hang in the balance.

May 12, 2022
Zacary E. Wilson-Fetrow

The Pandemic Legacy: Accounting for Working-from-Home Emissions

Although the working-from-home transition has been underway for some time, it accelerated dramatically during the COVID-19 pandemic, and it may lead to permanent shifts in the workplace for millions of employees. Using an efficiency and justice lens, this Article examines the standards regarding working-from-home emissions and concludes that undercounting could occur, could unfairly burden workers, and could increase net emissions. The Article proposes changes in emissions reporting standards to address these concerns, including amending or interpreting the standards to require employers to account for employee working-from-home-related emissions in corporate emissions reports.

May 12, 2022
Michael P. Vandenbergh, Sharon Shewmake

Foreword

We are honored to introduce the Ecology Law Quarterly’s 2020–21 Annual Review of Environmental and Natural Resource Law. Now in its twenty-second year, the Annual Review is a collaborative endeavor of students and faculty. But the greatest contributors to the Annual Review are Ecology Law Quarterly's (ELQ) editorial board and members. ELQ continues to be the leading journal in the field because of their passion and commitment.

Mar 15, 2022
Robert D. Infelise and Holly Doremus