This paper deconstructs the relationship between harm and pollution, and argues that understanding this relationship creates valuable opportunities for improving environmental policy by minimizing or even eliminating the harm from some pollutants, even when reducing the total amount of pollution...

The argument that environmental standards must be harmonized among countries involved in free trade in order to ensure a quot;level playing fieldquot; has been prominent in the recent political discourse surrounding globalization and the expansion of international trade. Among academic...

This paper studies access to justice in China. It provides an in-depth case study of three decades of failed local activism to deal with environmental grievances. The paper finds that access to justice need not be a matter of choosing between justice from above or from below. Rather the patterns...

Fifty years after the rise of modern environmental law and its robust enforcement regime, there persists a disproportionate distribution of environmental burdens in the United States. Many underserved communities suffer from legacy pollution, sighting of undesirable land uses, failing...

An effective way to increase Indigenous participation in decision-making over territories and natural resources has been to create mechanisms for shared or joint decision-making with other bodies. This chapter addresses the co-governance and/or co-management of territories and natural resources...

The concept of racial capitalism has been embraced by scholars and activists as a means of exploring the common roots of contemporary social and ecological crises. These include unprecedented environmental degradation, extreme economic inequality, the resurgence of authoritarian...

Nearly every U.S. state has environmental provisions in its constitution. These provisions cover a wide range of issues concerning the manner in which the environment and natural resources are to be governed (e.g., public funding, eminent domain, public trust, access to water, legislative...

The history of environmental justice litigation in federal, state, and administrative courts illustrates how difficult it is to remedy intersectional harm using a single legal tool. In the United States, there is no federal “environmental justice law” that litigants can wield in court. The...

We report on the results of a survey based on conjoint choice experiments that was specifically designed to investigate the effect of context on the Value of a Statistical Life (VSL), an important input into the calculation of the mortality benefits of environmental policies that reduce...