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Almost since the modern era of environmental regulation began in the 1970s, there have been arguments for replacing it with something else. Surely, critics argued, it was possible to improve on a rigid hierarchy from the issuance of federal uniform standards to state implementation to firm compliance. Conventional regulation, it has been said, is too clumsy, too slow, too inefficient. The critics offered various replacements for federal “command and control” regulation, including use of alternative regulatory tools such as emissions trading or collaborative governance and a massive shift of regulatory authority to the states. There have been significant incremental changes, but little in the way of transformation – except in the arena of climate change. States, cities, and private firms have all undertaken aggressive climate change initiatives. This paper argues that the complex national and international networks and interactions involving these efforts are best understood as constituting a governance ecosystem...

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Violence Against the Earth Begets Violence Against Women: An Analysis of the Correlation Between Large Extraction Projects and Missing and Murdered Indigenous Women, and the Laws that Permit the Phenomenon Through an International Human Rights Lens

by Summer Blaze Aubrey

This note examines the prevalence of sex trafficking of Native women and children, and the correlation those rates have with large extraction projects, such as the Bakken Oil Fields in North Dakota, and the camps (“man camps”) that employees live in. In order to fully flesh out the phenomenon accurately, this note walks through pertinent history and the Truth of the Native experience of colonization and genocide in the United States. Further, this note also examines the current laws and policies in the United States that perpetuate and exacerbate the Missing and Murdered Indigenous Women and Girls phenomenon.  Finally, it compares those laws and policies to international human rights standards, speaks to how the United States consistently falls short of international human rights standards, and how the issue can be remedied.

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HISTORY, ENTERPRISE, AND REFORM: 

HONDURAN ZEDE REGIMES AND INDIGENOUS PEOPLES’ RIGHTS

by Dr. Torivio Fodder

For decades, the situation of Indigenous peoples in Honduras has been closely monitored by the international community. With the passage of legislation in 2013 by the Honduran Government authorizing the creation of Zones of Economic Development and Employment (ZEDE),  the renewed interest in Indigenous peoples’ rights in this relatively remote corner of the globe is not without merit. This paper will seek to address whether ZEDE regimes can be made to work for the country’s Indigenous peoples in such a way that their culture, identity, land rights, and natural resources are protected: 1) Section I will provide a brief historical overview of Indigenous peoples’ land rights in Honduras; 2) Section II will explore some of the key provisions of the ZEDE regime, and discuss international comparative approaches that have been implemented in other jurisdictions, including other Indigenous jurisdictions; 3) Section III will seek to outline key criticisms of the ZEDE legislation; 4) Section IV will evaluate contemporary best practices for strengthening Indigenous governance, and explore ways that a ZEDE regime can maintain consistency with international law and international norms with respect to Indigenous peoples.  

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ENVIRONMENTAL NIHILISM

by Justin R. Pidot

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Marijuana is the most commonly used, cultivated, and trafficked illicit drug worldwide. In the United States, the use and acceptance of marijuana is evolving rapidly as indicated by the volume of new state cannabis legislation. However, marijuana is still a Schedule I drug under the federal Controlled Substances Act (CSA). Further complicating the matter, the 2018 Farm Bill removed hemp from the list of controlled substances under the CSA, resulting in a market flooded with cannabidiol (CBD) products that have not been approved by the Food and Drug Administration (FDA). Many of the changes in state laws have occurred without significant input from medical or scientific communities. The status of marijuana and, until recently, hemp as Schedule I drugs under the CSA creates numerous restrictions which ultimately impact the industry as a whole. The central issues facing marijuana legality in the U.S. are:convoluted state and federal law, adverse health effects of cannabis use, research restrictions that produce knowledge gaps, and inconsistency between the U.S. Food and Drug Administration (FDA) and the U.S. Environmental Protection Agency (EPA) regulations. Marijuana policy must evolve to protect and inform both the general public and individuals involved in the cannabis industry. Potential reform options include: federal exemptions following state compliance, rescheduling marijuana, or complete removal from the CSA. The most vital step in the federal legalization process needs to be less restrictive research opportunities for marijuana. 

CANNABINOID CONUNDRUM:

A Study of Marijuana and Hemp Legality in the United States

 

by Kennedy Dickson, Catherine Janasie, and Kristine L. Willett

Insurance Coverage for Droughts, Due to Climate Change:

The Case for "Loss of Business Income" and "Loss of Use"

by Itzchak E. Kornfeld, Ph.D.

Droughts have been a pervasive and debilitating weather phenomena across the Southwest and other sections of the United States.  Given the damage that droughts cause what options, if any, do commercial enterprises have to recover for those injuries? Insurance coverage is one possibility.  Accordingly, this article, the first of its kind, examines the insurance coverage afforded by two riders to the standard Commercial General Liability (“CGL”) insurance policy: the “Loss of Business Income” rider and the “Loss of Use” rider.  These riders, or additional insurance policy provisions, which add benefits to or alter the standard terms of the basic CGL policy, have been employed in many other loss of business situations where recovery from insurance was sought. Such occurrences have included coverage for injury or damage due to Hurricane Katrina, boiler explosions, loss of patients in a dental practice, among others.  To date, there are few if any cases where coverage was sought or offered for the loss of the many businesses involved in the hospitality or recreational industry, as a consequence of droughts. The article provides a primer on the liability insurance coverage, which incorporates the two riders. It then examines insurance coverage for agricultural losses and next reviews the impacts of Hurricane Katrina on the coverage issues related to the loss of business income and loss of use coverages.  Finally, the article closes with a discussion about the future of climate change and droughts.

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