Journal of Environmental Law & Litigation : Vol. 36 (2021)
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Item Open Access Let the Sunshine In: A Proposal to Ban Chemical Sunscreen(University of Oregon School of Law, 2021-05-14) Boatwright, AshlynMillions of people travel to beaches all over the world. Most of these people wear chemical sunscreen, which dominates the sunscreen market. Chemical sunscreen is defined as any type of sunscreen that contains chemicals; the main three chemicals used are oxybenzone, octinoxate, and octocrylene, and they are detrimental to human health and our oceans. Chemicals cause damage to coral reefs and, thus, affect tourism, fisheries, economies, and biodiversity internationally.Item Open Access The Effect of Environmental Damage on Children in Armed Conflicts(University of Oregon School of Law, 2021-05-14) Olusegun, Olaitan O.The environment is a great source of sustainability for humans and other aspects of the ecosystem. Unfortunately, the world, especially developing countries, has been hit by armed conflicts, which have great implications on the environment and all forms of life that depend upon it for their existence. Such effects are, however, more profound on children, who are one of the most defenseless groups of persons in armed conflicts. Nuclear weapons, small arms, fires, destruction of forests, water pollution, and air pollution are all methods of warfare that destroy the environment with a severe impact on children. Using a doctrinal approach, this study examines the specific ways armed conflicts harm the environment and the effects of environmental degradation on children. Existing legal frameworks are discussed to determine their sufficiency and the extent of their effectiveness in protecting children from the effects of environmental degradation caused by armed conflicts. This is in addition to the steps that could help save children from environmental harm, as healthy children have better chances of contributing to the development of their communities and nation as a whole.Item Open Access Pesticide Registration Fails to Protect Human Health: Damages from Exposure to Glyphosate-Based Herbicides(University of Oregon School of Law, 2021-05-14) Centner, Terence J.In the United States, approximately 125,000 people have alleged that they are suffering health problems from their exposure to Monsanto’s glyphosate-based herbicide products. Monsanto, a company that was bought by Bayer AG in 2018, is well known for its Roundup glyphosate products that are widely used in agricultural, commercial, and residential settings. The use of glyphosate is part of an evolution of food production practices dependent on usage of synthetic pesticide products. In the 1940s, agricultural producers started using dichloro-diphenyl-trichloroethane (DDT), parathion, and malathion in the production of crops, in some cases replacing more dangerous natural pesticides containing arsenic or lead. In other cases, synthetic pesticides were used heavily to address outbreaks of new pests, which sometimes led to environmental damages. Recent data suggest that nearly six billion pounds of pesticides are being used each year around the world, valued at $56 billion in 2012. At this rate, the use is projected to be valued at $90 billion by 2023. Annually in the United States, more than 3.3 pounds of pesticides are used per person.Item Open Access The Carrot Is the Stick: Food as a Weapon of Systemic Oppression for Black Consumers and the Disenfranchisement of Black Farmers(University of Oregon School of Law, 2021-05-14) Roussel, Shawn “Pepper”Disparities are commonly incorporated into the laws and policies of the U.S., making it near impossible for Blacks to achieve parity and equity with White counterparts.1 This article posits that discussions around types of oppressions ignore the most basic, if not most insidious, form: food. Food oppression is an utterly heinous means of oppression because food is a necessity for continued life, and it informs public healthItem Open Access When the Rivers Run Dry: Adapting Prior Appropriation Systems to Protect Marginalized Communities in Times of Drought(University of Oregon School of Law, 2021-05-14) Housel, TomWater is undoubtedly one of our most precious resources, and the western United States is expected to face increasing scarcity as the climate continues to change and more people flock to arid cities like Los Angeles and Phoenix. Most surface waters of the western United States are fully appropriated, and climate change is further stressing those systems as water scarcity and drought occur more frequently. Low-income communities will suffer more than wealthier counterparts in times of scarcity under the current prior appropriation systems used by states in the West. Western states must be proactive in implementing safeguards to protect citizens when faced with water emergencies, as it is inevitable that drought and water scarcity will continue to be a threat to the stability of these communities in the coming decades.Item Open Access Legal Protection for the Cross-Border Climate-Induced Population Movement in South Asia: Exploring a Durable Solution(University of Oregon School of Law, 2021-05-14) Zaman, Sharaban TahuraIt is undeniable that South Asian cross-border climate-induced population movement is a reality, and State actors cannot deny, avoid, or sidestep this dire crisis. If the habitual home becomes uninhabitable and the right to life comes under existential threat with no alternative quality options, people are obliged to move to save their lives. Therefore, this Article suggests adopting a nonbinding legal framework in South Asia with consideration of all barriers and challenges, along with the note that at an international level less hope is left to adopt a protection mechanism for cross-border climate-induced population movement.Item Open Access Climate Risk Is Investment Risk(University of Oregon School of Law, 2021-05-14) Scanlan, Melissa KThis Article will explain how the climate crisis places a new focus on the purpose of the corporation; private governance and voluntary sustainability reporting; and the new mandatory reporting approach in the EU, its limitations and potential reforms, and possible replication in the United States.Item Open Access Tortious Interference with Public Trust(University of Oregon School of Law, 2021-05-14) Kanner, AllanThe public trust doctrine in America derives from common law, and each new state became the trustee following independence. The public trust doctrine gives the state the right to sue for natural resource damage, among other things. To prevail, the state need show only (1) a protectable public trust interest, (2) unreasonable interference, and (3) a nexus between that interference and a loss to that protected interest. The case law, however, reflects confusion or imprecision about a number of matters.