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Volume 48 (2021) - Issue 3

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

An “Unfulfilled, Hollow Promise”: Lyng, Navajo Nation, and the Substantial Burden on Native American Religious Practice

Many Native American religious practices are linked to sacred sites— places in the natural world that have been used for ceremonies and rites since time immemorial. Often, particular ceremonies and rituals can only be performed at these locations. Many such sacred sites are located on what is, today, public land owned by the federal government. The government has at times desecrated, destroyed, or barred access to sacred sites, rendering Native religious exercise extremely difficult or impossible.

Aug 18, 2021
Joel West Williams and Emily deLisle